3 3 08 City Council Proceedings Official
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on Monday, March 3, 2008, in the
Historic Federal Building.
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City
Manager Van Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a regular session called for the purpose of discussing
such matters which may properly come before the City Council.
Invocation was provided by Sheila Rudin, Temple Beth El
CONSENT ITEMS
Motion by Lynch to receive and file the documents and dispose of as indicated. Seconded by
Braig. Connors requested (#11) Four Mounds Public Improvement Project be held for separate
discussion. Motion carried 7-0.
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 11/13 and 1/8;
City Council of 2/13, 2/18 and 2/23; Historic Preservation Commission of 2/21; Long Range Planning
Advisory Commission of 2/20; Park and Recreation Commission of 2/12; Zoning Advisory
Commission of 2/20
Proofs of publication of City Council Proceedings of February 4 and 11, 2008 and List of Claims
and Summary of Revenues for Month Ending January 31, 2008
Upon motion the documents were received and filed and approved.
Notice of Claims/Suits: David J. Schroeder for vehicle damage; Clayton E. Weese for vehicle
damage; John L. and Shirley White for vehicle damage; Daniel E. Vasey for vehicle damage;
Cassandra Lihman for vehicle damage; Julie McDermott for vehicle damage; Michael F. Kronfeldt for
vehicle damage; Jenna Hunter for vehicle damage; John and Lisa Miles for property damage; Jacob
Kenniker for vehicle damage; Walter Barger, Jr. for vehicle damage; Theresa Deutsch for vehicle
damage; Beverly M. Luster for personal injury. Upon motion the documents were received, filed and
referred to the City Attorney.
City Attorney advising that the following claims have been referred to Public Entity Risk Services of
Iowa, the agent for the Iowa Communities Assurance Pool: John and Shirley White for vehicle
damage; Clayton Weese for property damage; Daniel E. Vasey for vehicle damage; Julie McDermott
for vehicle damage; Cassandra Lehman for vehicle damage; Jenna Hunter for vehicle damage; and
Michael Kronfeldt for vehicle damage.
City Attorney recommending settlement of the claim of Ben Otten for vehicle damage and Jill
Jellison for vehicle damage.
City Attorney recommending denial of the claim of Kyle Coohey for vehicle damage.
Upon motion the documents were received, filed and concurred.
High Quality Jobs Program Application (HQJP): City Manager recommending approval of the
submission of a High Quality Jobs Program (HQJP) application to the Iowa Department of Economic
Development on behalf of Hormel Foods Corporation. Upon motion the documents were received and
filed and Resolution No. 71-08 Authorizing the filing of a High Quality Jobs Program (HQJP)
application on behalf of Hormel Foods Corporation was adopted.
RESOLUTION NO 71-08
A RESOLUTION AUTHORIZING THE FILING OF A HIGH QUALITY JOBS PROGRAM (HQJP)
APPLICATION ON BEHALF OF HORMEL FOODS CORPORATION
Whereas, Hormel Foods Corporation has proposed the expansion of its operations in Dubuque,
Iowa; and
Whereas, the City Council of Dubuque, Iowa has considered said proposal and has determined
that the proposed project will contribute to the local economy through the creation of 180 new jobs for
area residents; and
Whereas, the Iowa Department of Economic Development's High Quality Jobs Program (HQJP)
was designed to assist in the economic development efforts of local jurisdictions; and
Whereas, the City of Dubuque, Iowa is eligible to apply for funding from the HQJP program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the filing of an application for participation in the High Quality Jobs Program on
behalf of Hormel Foods Corporation is hereby approved.
Section 2. That the local match of identified in the application estimated at $12,000,000 consisting
of an acquisition grant and TIF rebates for increased building valuation estimated at $82 million to the
company is hereby approved, subject to the HQJP application approval.
Section 3. That the Mayor is hereby authorized to execute and the City Manager is hereby directed
to submit said application to the Iowa Department of Economic Development together with such
documents as may be required.
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Passed, approved, and adopted this 3 day of March, 2008.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Property Acquisition – Dubuque Industrial Center West: City Manager recommending approval of
the acquisition of three residential properties located on Pennsylvania Road that will be needed for
the Pennsylvania Avenue improvement project. Upon motion the documents were received, filed, and
approved.
Request for Proposals – Web Page Design: City Manager recommending approval of the issuance
of a Request for Proposals for redesign of the City web page. Upon motion the documents were
received, filed and approved.
Dubuque Industrial Center Economic Development District: Long Range Planning Advisory
Commission recommending approval of the Amended and Restated Urban Renewal Plan for the
Dubuque Industrial Center Economic Development District. Upon motion the document was received
and filed.
Fiscal Year 2009 – 2013 Capital Improvement Program: Communication from the Long Range
Planning Advisory Commission advising that the City Manager’s recommended Fiscal Year 2009 –
2013 Capital Improvement Program is consistent with the Comprehensive Plan. Upon motion the
document was received and filed.
Dubuque Rescue Mission: City Manager recommending approval of the subcontracting of services
for the Dubuque Rescue Mission’s job readiness program. Upon motion the documents were
received and filed and Resolution No. 72-08 Authorizing Dubuque Rescue Mission to subcontract
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with Common Good Services for the “Breaking Employment Barriers and Getting Ahead in a Just
Getting By Work” program as per their Community Development Block Grant (CDBG) Agreement was
adopted.
RESOLUTION NO. 72-08
A RESOLUTION AUTHORIZING DUBUQUE RESCUE MISSION TO SUBCONTRACT WITH
COMMON GOOD SERVICES FOR THE ‘BREAKING EMPLOYMENT BARRIERS AND GETTING
AHEAD IN A JUST GETTING BY WORLD” PROGRAM AS PER THEIR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENT
Whereas, UNDER THE PROVISION OF Title I of the housing and Community Development Act of
1974, as amended, the City of Dubuque has received Community Development Block Grant (CDBG)
funds; and
Whereas, a CDBG grant was awarded to the Dubuque Rescue Mission on January 22, 2008 by
Resolution 18-2008; and
Whereas, the Dubuque Rescue Mission has selected to enter into a subcontract with Common
Good Services for the delivery of the “Breaking Employment Barriers-Getting Ahead in a Just -Getting
by World” program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Council hereby authorizes Dubuque Rescue Mission to award a
subcontract to Common Good Services in the form attached hereto for delivery of the Breaking
Employment Barriers-Getting Ahead in a Just-Getting by World” program as per the CDBG grant
agreement.
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Passed, approved, and adopted this 3 day of March, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Library Board of Trustees: Communication from Diann Guns, Vice-President of the Library Board
of Trustees, thanking the City Council for their continued support of the Carnegie Stout Public Library
Renovation Project. Upon motion the document was received and filed.
Windsor Avenue Storm Sewer Construction Project: City Manager recommending award of the
contract for the Windsor Avenue Storm Sewer Construction Project to Connolly Construction, Inc., in
the contract amount of $159,605.65. Upon motion the documents were received and filed and
Resolution No. 73-08 Awarding public improvement contract for the Windsor Avenue Storm Sewer
Construction Project was adopted.
RESOLUTION NO. 73-08
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE WINDSOR AVENUE STORM
SEWER EXTENSION PROJECT
Whereas, sealed proposals have been submitted by contractors for the Windsor Avenue Storm
Sewer Extension Project (the Project) pursuant to Resolution No. 48-08 and Notice to Bidders
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published in a newspaper published in the City of Dubuque, Iowa on the 8 day of February, 2008.
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Whereas, said sealed proposals were opened and read on the 20 day of February, 2008 and it
has been determined that Connolly Construction, Inc. of Peosta, Iowa, with a bid in the amount of
$159,605.65, is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
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That a Public Improvement Contract for the Project is hereby awarded Connolly Construction, Inc.
and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the
City of Dubuque for the Project.
rd
Passed, approved and adopted this 3 day of March, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Four Mounds Public Improvement Project: Historic Preservation Commission recommending
approval of the allocation of $100,000 in Historic District Public Improvement Program (HDPIP)
funding for Four Mounds Public Improvement Project. Motion by Connors to receive and file the
documents and approve. Seconded by Voetberg. Connors commented that this project has many of
the green initiative elements the City Council has discussed and requested a follow-up report on the
project. Motion carried 7-0.
Human Rights Commission: Mary Coan submitting her resignation from the Human Rights
Commission. Upon motion the document was received and file and resignation accepted.
Liquor License Applications: City Manager recommending approval of annual liquor license
renewals as submitted. Upon motion the documents were received and filed and Resolution No. 74-
08 Granting the issuance of a Class “C” Beer Permit to Hartig Drug #8 and Tobacco World; and
Resolution No. 75-08 Granting the issuance of a Class “C” Beer/Liquor License to P.J.’s Tap and
Dubuque Greyhound Park/Casino; Special Class “C” Liquor License (Six Months) to Mindframe
Theaters; Class “B” Wine Permit to Hartig Drug #8; and Class “WBN” Native Wine Permit to Bluff
Street Brew Haus and National Mississippi River Museum were adopted.
RESOLUTION NO. 74-08
Whereas, applications for Beer Permits have been submitted and filed to this Council for approval
and the same have been examined and approved: and
Whereas, the premises to be occupied by such applicants were inspected and found to comply
with the Ordinances of the City and have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Manager be authorized to cause to be issued the following named applicants a Beer
Permit.
CLASS “C” BEER PERMIT
Hartig Drug Co. Inc. Hartig Drug #8+(Sunday Sale) 1600 University Ave.
Iowa Potato & Produce HS Tobacco World+(Sunday Sale) 3341 Hillcrest Road
Passed, approved and adopted this 3rd day of March, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 75-08
Whereas, applications for Liquor Licenses have been submitted to this Council for approval and
the same have been examined and approved; and
Whereas, the premises to be occupied by such applicants were inspected and found to comply
with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
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That the Manager be authorized to cause to be issued the following named applicants a Liquor
License.
CLASS “C” BEER/LIQUOR LICENSE
Lana LuGrain P.J.’s Tap+(Sunday Sale) 500 Rhomberg Ave.
DBQ Racing Association DBQ Greyhound Park/Casino 1855 Greyhound Park Drive
+(Sunday/Outdoor Sl)
SPECIAL CLASS “C” LIQUOR (6 MONTH)
Mindframe Mulit-Media Mindrame Theaters 555 JFK Road
CLASS “B” WINE
Hartig Drug Company Hartig Drug # 8 1600 University Ave.
CLASS “WBN” NATIVE WINE
Jerry Anderson Bluff Street Brew Haus 372 Bluff Street
DBQ County Historical National Mississippi River Museum 350 E 3 rd Street
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Passed, approved and adopted this 3 day of March, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ITEM TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, set the public hearing as indicated, and direct
the City Clerk to publish notice as prescribed by law. Seconded by Braig. Motion carried 7-0.
Dubuque Industrial Center Urban Renewal Plan: City Manager recommending that a public
hearing be set for April 7, 2008 to consider amending the Urban Renewal Plan for the Dubuque
Industrial Center Economic Development District to expand the district to include the Rail Site. Upon
motion the documents were received and filed and Resolution No. 76-08 Resolution of Necessity
finding that certain areas adjacent to the Dubuque Industrial Center Economic Development District
meet the definition of an economic development area under the Urban Renewal Law and that
development of said areas is necessary in the interest of the residents of the City of Dubuque, Iowa
was adopted.
RESOLUTION NO. 76-08
A RESOLUTION OF NECESSITY FINDING THAT CERTAIN AREAS ADJACENT TO THE
DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT MEET THE
DEFINITION OF AN ECONOMIC DEVELOPMENT AREA UNDER THE URBAN RENEWAL LAW,
AND THAT DEVELOPMENT OF SAID AREAS IS NECESSARY IN THE INTEREST OF THE
RESIDENTS OF THE CITY OF DUBUQUE, IOWA
.
Whereas, the City Council of the City of Dubuque has heretofore, by Resolution No. 15-08 adopted
on January 7, 2008, approved the Amended and Restated Urban Renewal Plan for the Dubuque
Industrial Center Economic Development District (the “District”) in order to provide redevelopment
opportunities which will further the purposes and objectives of the foregoing Urban Renewal Plan;
and
Whereas, the City Council has found that certain areas adjacent to the District meet the definition
of an economic development area as found in Chapter 403 "Urban Renewal" of the Iowa Code; and
Whereas, Chapter 403 of the Iowa Code requires that before urban renewal authority may be
exercised, a City Council must adopt a resolution of necessity finding that the area in question is a
slum, blighted or economic development area, and that so designating such area is necessary in the
interest of the public health, safety or welfare of the residents of the municipality.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
5
Section 1. That the following described area, which is proposed to be added to the Dubuque
Industrial Center Economic Development District, is an economic development area as defined by
Chapter 403 of the Iowa Code and is appropriate for an urban renewal project, to wit: Lot 4 of
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Dubuque Industrial Center West 5 Addition, and Lot B of Dubuque Industrial Center West 5
Addition in the City of Dubuque, Iowa.
Section 2. That the development of the above-described expansion area is necessary and
appropriate to facilitate the proper growth and development of the community in accordance with
sound planning and local community objectives.
Section 3. That the City Manager is authorized and directed to prepare an amendment to the
Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic
Development District for the purpose of including the above-described area in the District, to forward
said amendment to the City's Long Range Planning Commission for review and comment, and to
begin the consultation process required by law with affected taxing entities.
Section 4. That the City Clerk is directed to publish notice of a public hearing on the adoption of the
proposed amendment to the Amended and Restated Urban Renewal Plan for the Dubuque Industrial
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Center Economic Development District to be held on April 7, 2008 at 6:30 p.m. in the Historic
Federal Building, 350 West 6th Street, Dubuque, Iowa 52001 and that said notice shall generally
identify the areas covered by the Amended and Restated Plan, the areas proposed to be added to
the District, and the general scope of the urban renewal activities planned for such areas, and that
said notice shall be published and available to the public on March 21, 2008.
Section 5. That the City Clerk is further directed to send by ordinary mail a copy of said notice of
public hearing and the proposed amendment to the Dubuque Community School District, the County
Board of Supervisors and the Northeast Iowa Community College, as the affected taxing entities.
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Passed, approved and adopted this 3 day of March, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on the following
Boards/Commissions: Housing Code Appeals Board (Two 3-year expired terms through January 11,
2011 – Terms of Moore and Young). Applicant: David Young. No one spoke.
Appointments were made to the following Board/Commission: Community Development Advisory
Commission (Three 3-year terms through February 15, 2011 – Two Low/Moderate Income Area; One
At-Large [Terms of Oliver, Shaw, Craddieth). Applicants: Ann Michalski (At-Large), David Shaw
(Low/Moderate), Janice Craddieth (Low/Moderate). Motion by Connors to appoint Ann Michalski (At-
Large), David Shaw (Low/Moderate) and Janice Craddieth (Low/Moderate) to the Community
Development Advisory Commission for three year terms through February 15, 2011. Seconded by
Lynch. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone to address the City Council.
Cleveland Avenue Reconstruction Project: City Manager recommending re-initiation of the public
bidding process for the Cleveland Avenue Reconstruction Project due to an error in the published
“Notice to Property Owners” and that a public hearing be set for March 17, 2008 to consider the
construction plans and specifications for the Cleveland Avenue Reconstruction Project, using the City
standard width for collector streets of 37 feet, the Resolution of Necessity and the Preliminary
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Schedule of Assessments. Upon motion the documents were received and filed and Resolution No.
77-08 Rescinding Resolution No. 63-08, Resolution No. 64-08, and Resolution No. 65-08; Resolution
No. 78-08 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting
date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering bids
for the Cleveland Avenue Reconstruction Project; Resolution No. 79-08 Approving the plat,
preliminary schedule of assessments and estimate of total cost and setting date of public hearing on
Resolution of Necessity; and Resolution No. 80-08 Resolution of Necessity for the Cleveland Avenue
Reconstruction Project – Bryant Street to Villa Street were adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on March 17, 2008 in the Historic Federal Building.
RESOLUTION NO. 77-08
CLEVELAND AVENUE RECONSTRUCTION PROJECT
BRYANT STREET TO VILLA STREET
RESCINDING RESOLUTION NO. 63-08, RESOLUTION NO. 64-08 AND RESOLUTION NO. 65-08
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That Resolution No. 63-08 Preliminary approval of proposed plans, specifications, form of contract
and estimated cost; setting public hearing on plans, specifications, form of contract, and estimated
cost; and ordering the advertisement for bids; Resolution No. 64-08 Approving the plat, schedule of
assessments and estimate of total cost and setting date of public hearing on Resolution of Necessity;
and Resolution No. 65-08 Resolution of Necessity for the Cleveland Avenue Reconstruction Project –
Bryant Street to Villa Street are hereby rescinded.
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Passed, adopted and approved this 3 day of March, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 78-08
CLEVELAND AVENUE RECONSTRUCTION PROJECT
BRYANT STREET TO VILLA STREET
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR
BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
The proposed plans, specifications, form of contract and estimated cost for the Cleveland Avenue
Reconstruction Project – Bryant Street to Villa Street, in the estimated amount $2,271,011.81, are
hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection.
A public hearing will be held on the 17th day of March, 2008, at 6:30 p.m. in the Historic Federal
Building Council Chambers at which time interested persons may appear and be heard for or against
the proposed plans and specifications, form of contract and estimated cost of said Project, and the
City Clerk be and is hereby directed to cause the attached notice of the time and place of such
hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa,
which notice shall be published not less than four days nor more than twenty days prior to the date of
such hearing. At the hearing, any interested person may appear and file objections to the proposed
plans, specifications, form of contract, or estimated cost of the Project.
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The Cleveland Avenue Reconstruction Project – Bryant Street to Villa Street is hereby ordered to
be advertised for bids for construction.
The amount of the security to accompany each bid shall be in an amount which shall conform to
the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the improvements
herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having
general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but
not more than forty-five days before the date for filing bids before 2:00 p.m. on the 27th day of March,
2008. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City
Council for final action at 6:30 p.m. on the 7th day of April, 2008, in the Historic Federal Building
Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 3rd day of March, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 79-08
CLEVELAND AVENUE RECONSTRUCTION PROJECT – BRYANT STREET TO VILLA STREET
APPROVING THE PLAT, SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST
AND SETTING DATE OF PUBLIC HEARING ON RESOLUTION OF NECESSITY
Whereas, the proposed Resolution of Necessity for the Project has been introduced for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
The attached plat, schedule of assessments, and estimate of total cost for the Cleveland Avenue
Reconstruction Project – Bryant Street to Villa Street and the proposed Resolution of Necessity are
hereby approved and ordered placed on file in the Office of the City Clerk.
The City Council will meet on the 17th day of March, 2008, at 6:30 o’clock p.m. at the Historic
Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa, at which
time the owners of property subject to assessment for the proposed improvement or any other person
having an interest in the matter may appear and be heard for or against the making of the
improvement, the boundaries of the district, the cost, the assessment against any lot, or the final
adoption of a resolution of necessity.
A property owner will be deemed to have waived all objections unless at the time of hearing the
property owner has filed objections with the City Clerk.
The City Clerk be and is hereby authorized and directed to cause the attached notice of the time
and place of such hearing to be published in a newspaper having general circulation in the City of
Dubuque, Iowa, which notice shall be published once each week for two consecutive weeks, the first
publication of which shall be not less than ten days prior to the day fixed for its consideration.
Passed, approved and adopted this 3rd day of March, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 80-08
RESOLUTION OF NECESSITY FOR THE CLEVELAND AVENUE RECONSTRUCTION PROJECT
– BRYANT STREET TO VILLA STREET
Whereas, the plat, schedule of assessments, and estimate of total cost for the Cleveland Avenue
Reconstruction Project – Bryant Street to Villa Street have been duly prepared and approved by the
City Council of the City of Dubuque and ordered placed on file in the office of City Clerk.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
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The Cleveland Avenue Reconstruction Project - Bryant Street to Villa Street will provide for the
reconstruction of underground utilities, roadway sub-base and the construction of a new 37-foot wide
concrete roadway and the replacement of existing sidewalks along both sides of Cleveland Avenue
between Bryant Street and Villa Street.
The project will incorporate upgrades to the existing sanitary sewer system that include: the
complete reconstruction of approximately 3,065 lineal feet of 8-inch mainline sewer; the
reconstruction of 16 deteriorated brick manholes; and the replacement of 94 private sanitary sewer
laterals. The project will also include the reconstruction of approximately 3,600 lineal feet of
watermain, mainline valves, fire hydrants, and the replacement of 63 lead residential water services.
The project also provides for the construction of approximately 1,585 lineal feet of new storm sewer
and 19 catch basins.
There is on file in the office of the City Clerk an estimated total cost of the work, and a preliminary
plat and schedule showing the amount proposed to be assessed to each lot for the improvement.
The date, time, and place the council will hear property owners subject to the assessment and
interested parties for or against the improvement, its cost, the assessment, or the boundaries of the
district:
The City Council deems it advisable and necessary for the public welfare to make the herein
mentioned improvements.
Unless a property owner files objections with the City Clerk at the time of hearing on the resolution
of necessity, the property owner is deemed to have waived all objections pertaining to the regularity
of the proceeding and the legality of using the special assessment procedure.
Said improvements shall be constructed in accordance with the plans and specifications which
have been approved by the City Council and are now on file in the Office of the City Clerk. The cost of
making such improvement will be assessed against property lying with the assessment limits.
The above resolution was introduced, approved and ordered placed on file with the City Clerk this
3rd day of March, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ITC Development Agreement: Proof of publication on notice of public hearing to consider the
disposition of approximately 12.951 acres in Dubuque Industrial Center West to ITC Holdings
Corporation and a Development Agreement and City Manager recommending approval. Motion by
Connors to receive and file the documents and adopt Resolution No. 81-08 Approving a Development
Agreement providing for the sale of 12.951 acres in the Dubuque Industrial Center West to ITC
Holdings Corporation. Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 81-08
RESOLUTION APPROVING A DEVELOPMENT AGREEMENT PROVIDING FOR THE SALE OF
12.951 ACRES IN THE DUBUQUE INDUSTRIAL CENTER WEST TO ITC HOLDINGS
CORPORATION
Whereas, the City Council, by Resolution No. 67-08, dated February 18, 2008 declared its intent to
enter into a Development Agreement with ITC Holdings Corporation for the sale of 12.951 acres in
the Dubuque Industrial Center West (the Property); and
Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on
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March 3, 2008 at 6:30 p.m. in the Historic Federal Building, 350 W. 6 Street, Dubuque, Iowa; and
Whereas, it is the determination of the City Council that approval of the Development Agreement
for the sale to and development of the Property by ITC Holdings Corporation according to the terms
and conditions set out in the Development Agreement is in the public interest of the City of Dubuque.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the attached Development Agreement by and between the City of Dubuque and
ITC Holdings Corporation for the sale of the Property is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Development
Agreement on behalf of the City and City Clerk is authorized and directed to attest to his signature.
Section 3. That the Mayor and City Clerk are hereby authorized and directed to execute and
deliver a Special Warranty Deed for the Property as provided in the Development Agreement.
Section 4. That the City Manager is authorized to take such actions as are necessary to comply
with the terms of the Development Agreement as herein approved.
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Passed, approved and adopted this 3 day of March, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Request to Rezone – Creek Wood Drive (Lot 3 Timber-Hyrst Estates—Phase II): Proof of
publication on notice of public hearing to consider a request from Martin McNamer/NCR Developers
LLC to rezone property located on Creek Wood Drive (Lot 3 Timber-Hyrst Estates—Phase II) from R-
3 Moderate Density Multi-Family Residential to C-2 Neighborhood Shopping Center District and
Zoning Advisory Commission recommending approval. Motion by Connors to receive and file the
documents and that the requirement that a proposed ordinance be considered and voted on for
passage at two Council meetings prior to the meeting at which it is to be passed be suspended.
Seconded by Lynch. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 11-08 Amending
Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying
hereinafter described property located on Creek Wood Drive (Lot 3 Timber-Hyrst Estates—Phase II)
from R-3 Moderate Density Multi-Family Residential to C-2 Neighborhood Shopping Center District.
Seconded by Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 11-08
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED ALONG CREEKWOOD DRIVE FROM R-3 MODERATE DENSITY MULTI-
FAMILY RESIDENTIAL DISTRICT TO C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT,
WITH CONDITIONS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is
hereby amended by reclassifying the hereinafter-described property from R-3 Moderate Density Multi-
Family Residential District to C-2 Neighborhood Shopping Center District, with conditions, to wit: Lot 3
of Timber-Hyrst Estates #2, and to the centerline of the adjoining public right-of-way, all in the City of
Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided by law.
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Passed, approved and adopted this 3 day of March, 2008.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (2008), and as an express condition of rezoning of the
property described as: Lot 3 of Timber-Hyrst Estates #2, and to the center line of the adjoining public
right-of-way, all in the City of Dubuque, Iowa., which is the subject of Ordinance No. 11-08 , a copy of
which is attached hereto and incorporated herein by reference, the undersigned property owners,
agree to the following conditions, all of which the property owner further agrees are reasonable and
are imposed to satisfy public needs which are caused directly by the rezoning:
A) Conditions: The following conditions shall apply to the subject property:
1) That gas station and automated gas station be eliminated from the list of allowed uses
for this C-2 neighborhood Shopping Center District.
B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate zoning
reclassification proceedings to the R-3 Moderate Density Multi-Family Residential District (which
rezoning will include the removal of the performance standards in Section A above) if the property
owner fails to complete any of the conditions or provisions of this Agreement.
C) Modifications. Any modifications of this Agreement shall be considered a zoning
reclassification and shall be subject to the provisions of the Zoning Ordinance governing zoning
reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa.
D) Recording. A copy of this Agreement shall be recorded with the Dubuque County Recorder
as a permanent record of the conditions accepted as part of this rezoning approval within ten (10)
days of the adoption of Ordinance No. 11-08.
E) Construction. This Agreement shall be construed and interpreted as though it were part of
Appendix A of the Code of Ordinances of the City of Dubuque, also known as the Zoning
Ordinance of the City of Dubuque, Iowa.
F) This Agreement shall be binding upon the undersigned and his/her heirs, successor and
assignees.
ACCEPTANCE OF ORDINANCE NO. 11-08
I, Martin J. McNamer, representing North Cascade Road Developers, LLC, property owner, read
the terms and conditions of the foregoing Ordinance No. 11-08 and being familiar with the conditions
thereof, hereby accept this same and agree to the conditions required therein.
th
Dated in Dubuque, Iowa, this 29 day of February, 2008.
/s/Martin J. McNamer
th
Published officially in the Telegraph Herald Newspaper the 12 day of March, 2008.
/s/Jeanne F. Schneider, CMC, City Clerk
Request to Rezone – 701 / 707 Davis Street: Proof of publication on notice of public hearing to
consider a request from Mabreg/Karin Egan to rezone property located at 701/707 Davis Street from
R-1 Single-Family Residential District to R-2 Two-Family Residential District and Zoning Advisory
Commission recommending approval. Motion by Jones to receive and file the documents and that the
requirement that a proposed ordinance be considered and voted on for passage at two Council
meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors.
Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 12-08 Amending Appendix
A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter
described property located at 701/707 Davis Street from R-1 Single-Family Residential District to R-2
Two-Family Residential District. Seconded by Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 12-08
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AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 701/707 DAVIS STREET FROM R-1 SINGLE-FAMILY RESIDENTIAL
DISTRICT TO R-2 TWO-FAMILY RESIDENTIAL DISTRICT, WITH CONDITIONS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is
hereby amended by reclassifying the hereinafter-described property from R-1 Single-Family
Residential District to R-2 Two-Family Residential District, with conditions to wit: Lot 104, Lot 103 and
the west 7 feet of Lot 102 O’Neill’s Riverview Subdivision, and to the centerline of the adjoining public
right-of-way, all in the City of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided by law.
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Passed, approved and adopted this 3 day of March, 2008.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (2007), and as an express condition of rezoning of the
property described as: Lot 104, Lot 103 and the west 7 feet of Lot 102 O’Neill’s Riverview
Subdivision, and to the center line of the adjoining public right-of-way, all in the City of Dubuque,
Iowa.,
which is the subject of Ordinance No. 12-08, a copy of which is attached hereto and incorporated
herein by reference, the undersigned property owners, agree to the following conditions, all of which
the property owner further agrees are reasonable and are imposed to satisfy public needs which are
caused directly by the rezoning:
A) Conditions: The following conditions shall apply to the subject property:
1) That the mobile homes must be removed from the property.
2) That existing trees on the property be preserved to the extent feasible.
B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate zoning
reclassification proceedings to the R-1 Single-Family Residential District (which rezoning will include
the removal of the performance standards in Section A above) if the property owner fails to complete
any of the conditions or provisions of this Agreement.
C) Modifications. Any modifications of this Agreement shall be considered a zoning reclassification
and shall be subject to the provisions of the Zoning Ordinance governing zoning reclassifications. All
such modifications must be approved by the City Council of Dubuque, Iowa.
D) Recording. A copy of this Agreement shall be recorded with the Dubuque County Recorder as a
permanent record of the conditions accepted as part of this rezoning approval within ten (10) days of
the adoption of Ordinance No. 12-08.
E) Construction. This Agreement shall be construed and interpreted as though it were part of
Appendix A of the Code of Ordinances of the City of Dubuque, also known as the Zoning Ordinance
of the City of Dubuque, Iowa.
F) This Agreement shall be binding upon the undersigned and his/her heirs, successor and
assignees.
ACCEPTANCE OF ORDINANCE NO 12-08
I, Karin Egan, representing Mabreg LLC, property owner, read the terms and conditions of the
foregoing Ordinance No. 12-08 and being familiar with the conditions thereof, hereby accept this
same and agree to the conditions required therein.
12
rd
Dated in Dubuque, Iowa this 3 day of March, 2008.
/s/Karin Egan
th
Published officially in the Telegraph Herald Newspaper the 14 day of March, 2008.
/s/Jeanne F. Schneider, CMC, City Clerk
Dubuque Technology Park / City of Dubuque Planned Unit Development District (PUD)
Amendment: Proof of publication on notice of public hearing to consider a request from the City of
Dubuque to amend the Planned Unit Development District (PUD) for the Dubuque Technology Park
and Zoning Advisory Commission recommending approval. Motion by Jones to receive and file the
documents and that the requirement that a proposed ordinance be considered and voted on for
passage at two Council meetings prior to the meeting at which it is to be passed be suspended.
Seconded by Connors. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance 13-08 Amending Ordinance 27-
97 of the City of Dubuque Code of Ordinances which reclassified hereinafter described property
located at the southeast corner of Highway 61/151 and Lake Eleanor Road from AG Agricultural
District to PUD Planned Unit Development District with a PI Planned Industrial District Designation
and adopted a Conceptual Development Plan, with conditions, for the Dubuque Industrial
Center/South; including changing the name of the PUD District to Dubuque Technology Park.
Seconded by Lynch. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 13-08
AN ORDINANCE AMENDING ORDINANCE 27-97 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES WHICH RECLASSIFIED HEREINAFTER DESCRIBED PROPERTY LOCATED AT
THE SOUTHEAST CORNER OF HIGHWAY 61/151 AND LAKE ELEANOR ROAD FROM AG
AGRICULTURAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PI
PLANNED INDUSTRIAL DISTRICT DESIGNATION AND ADOPTEDA CONCEPTUAL
DEVELOPMENT PLAN, WITH CONDITIONS, FOR THE DUBUQUE INDUSTRIAL
CENTER/SOUTH; INCLUDING CHANGING THE NAME OF THE PUD DISTRICT TO DUBUQUE
TECHNOLOGY PARK
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. Ordinance 27-97 of the City of Dubuque Code of Ordinances which reclassified the
hereinafter described property from AG Agricultural District to PUD Planned Unit Development District
with a PI Planned Industrial designation and adopted a conceptual development plan for the Dubuque
Industrial Center/South now renamed to Dubuque Technology Park is hereby amended to read as
follows, to wit: Lots, A, B, C, D and E Lots 1, 3 and 4 of Block 1 Lots 1, 2, 3, 4, 5, 6, 7, 8, 1 of 10, 11,
and 12 of Block 2 all in Dubuque Technology Park; Lots 1 and 2 of Dubuque Technology Park No. 2;
Lot 1 of Dubuque Technology Park No. 3; Lots 1 and 2 Dubuque Technology Park No. 4, and to the
centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa.
B. Definitions
1. Building-Related Features:
Building related features are defined as all constructed items which rise above the
grade surface of the lot. These include:
a. The primary building.
b. All accessory or secondary buildings.
c. All exterior storage areas.
d. Exterior refuse collection areas.
e. Exterior mechanical equipment.
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f. Containerized or tank storage of liquids, fuels, gases, and other materials.
2. Vehicle-Related Features
Vehicle-related features are defined as all areas used for the movement and parking of
all vehicles within the lot. These include:
a. Employee and visitor parking spaces.
b. Driveways from the street right-of-way line to and from parking spaces.
c. Loading spaces outside of the building.
d. Maneuvering space and driveways to and from loading spaces.
e. Parking spaces for company-owned commercial vehicles.
f. Fire lanes.
3. Open Space Features
Open space features are defined as those exterior areas and developed features of the
lot which include:
a. Landscaped space containing lawn areas and plantings.
b. Paved, hard-surfaced, pedestrian areas such as walkways, plazas, entryways
and courtyards.
c. Surface storm water detention areas not otherwise used for building-related or
vehicle-related purposes.
d. Open recreation areas and recreational trail.
e. Other non-building and non-vehicular related space.
4. “Carry-out Restaurant” – shall mean an establishment where all of the meals or food are
prepared for customers to take out of the establishment.
5. “Properties” shall mean and refer to each and every parcel, and all portions thereof, of
the real property herein before described and such additions thereto as may be
hereafter added.
6. “Lot” shall mean and refer to any plot of land, except Public Areas and public rights-of
way, shown upon any recorded Subdivision Plat of the Properties.
7. “Owner” shall mean and refer to the record titleholder, whether one or more persons or
entities, of fee simple title to any Lot which is a part of the Properties, including contract
sellers, but excluding those having such interest merely as security for the performance
of an obligation.
8. “Public Areas” shall mean and refer to the landscaped areas, recreational trail, park
lands and storm water retention and detention areas as identified by the plat attached
hereto as Lots D and E and hereby made a part of this Declaration the ownership of
which shall be retained by the City of Dubuque. The Public Areas shall be open to the
public for the use and enjoyment of the public.
C. Use Regulations
The following regulations shall apply to all uses made of land in this PUD District:
Zone A: General Purpose and Description: Properties denoted on Attachment A as Zone A
are intended to provide space for corporate offices, professional offices, and technology-
oriented companies involved with software development, information technologies and other
emerging technologies.
1. Principal permitted uses within Zone A shall be limited to:
a. Public or quasi-public utilities including substations – [47].
b. General offices – [14].
c. Medical/dental lab – [8].
d. Mail order houses – [23].
e. Printing and publishing – [32].
f. Laboratories for research or engineering – [33].
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[ ] Parking shall be provided in accordance with Section 4.2.7 of the Zoning Ordinance.
2. Conditional uses shall be limited to:
a)
Licensed child care center within the principal structure of a permitted use or in
an accessory structure on the same lot. Licensed child care centers are subject
to state and local regulations;
1. All applicable State requirements must be met;
2. Such facility shall provide for the loading and unloading of children so as not to
obstruct public streets or create traffic or safety hazards;
3. All license have been issued or have been applied for awaiting the outcome of
the Board’s decision;
4. The parking group requirements must be met – [8];
5. The conditional use applicant certifies that the premises on which the licensed
child care center will be located complies with, and will for so long as the group
day care center is so located, continue to comply with all local, state and federal
regulations governing hazardous substances, hazardous wastes, and hazardous
materials, including but not limited to Iowa Code Chapter 455B(1991); 42 U.S.C.
Section 9601 of the Federal Comprehensive Environmental Response
Compensation and Liability Act; 40 C.F.R. Section 302.4, and Section 302 of the
Superfund Amendments and Reauthorization Act of 1986; and
6. If the applicant is subject to the requirements of Section 302 of the Superfund
Amendments and Reauthorization Act of 1986, the Emergency Management
Director shall certify whether or not the applicant has submitted a current
inventory of extremely hazardous substances kept or stored on the premises. If
any such extremely hazardous substances are kept or stored on the premises,
the applicant shall also post in a conspicuous place on the premises a notice
indicating a description of the extremely hazardous substances, and the physical
and health hazards presented by such substances.
3. Accessory uses shall be limited to:
a. Retail outlets within the principal structure of a permitted use, selling products
produced on-site and only as accessory to the principal use.
b. Any use customarily incidental and subordinate to the principal use it serves.
c. Licensed child care centers shall not be allowed as an accessory use.
Zone B: General Purpose and Description: Properties designated as Zone B can be
developed for office and technology-oriented businesses as in Zone A or a limited amount of
commercial development.
1. Principal permitted uses shall be limited to:
a. Public or quasi-public utilities, including substations – [47].
b. General Offices – [14].
c. Medical/dental lab – [8].
d. Mail order houses – [23].
e. Printing and publishing – [32].
f. Laboratories for research or engineering – [33].
g. Business services – [29].
h. Retail/dry cleaner within a primary building only– [19].
i. Indoor restaurant – [30].
j. Carry-out restaurant within a primary building only– [28].
k. Drive-up automated bank teller within a primary building only– [8].
l. Banks, savings and loans, and credit unions within a primary building only– [31].
[ ] Parking shall be provided in accordance with Section 4.2.7 of the Zoning Ordinance.
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2. Conditional uses shall be limited to:
a. Licensed child care center
1. All applicable State requirements must be met;
2. Such facility shall provide for the loading and unloading of children so as not to
obstruct public streets or create traffic or safety hazards;
3. All licenses have been issued or have been applied for awaiting the outcome of
the Board’s decision;
4. The parking group requirements must be met – [8];
5. The conditional use applicant certifies that the premises on which the licensed
child care center will be located complies with, and will for so long as the group
day care center is so located, continue to comply with all local, state and federal
regulations governing hazardous substances, hazardous wastes, and hazardous
materials, including but not limited to Iowa Code Chapter 455B(1991); 42 U.S.C.
Section 9601 of the Federal Comprehensive Environmental Response
Compensation and Liability Act; 40 C.F.R. Section 302.4, and Section 302 of the
Superfund Amendments and Reauthorization Act of 1986; and
6. If the applicant is subject to the requirements of Section 302 of the Superfund
Amendments and Reauthorization Act of 1986, the Emergency Management
Director shall certify whether or not the applicant has submitted a current
inventory of extremely hazardous substances kept or stored on the premises. If
any such extremely hazardous substances are kept or stored on the premises,
the applicant shall also post in a conspicuous place on the premises a notice
indicating a description of the extremely hazardous substances, and the physical
and health hazards presented by such substances.
3. Accessory uses shall be limited to:
a. Any use customarily incidental and subordinate to the principal use it serves.
4. Temporary uses shall be limited to:
a. Any use listed as a permitted use within this PUD District of a limited duration as
established in Section 2-5.3 and as defined in Section 8 of the Zoning Ordinance.
D. Lot and Bulk Regulations
Development of land in the PUD District shall be regulated as follows:
1. All building structures and activities shall be located in conformance with the attached
conceptual development plan and all final site development plans shall be approved in
accordance with provisions of the PUD District regulations of this ordinance and of
Section 3-5.5 of the Zoning Ordinance.
2. All building-related features shall be in accordance with the following lot and bulk
regulations:
a. Maximum lot coverage shall be limited to 80%. All building and vehicle-related
features shall be considered when calculating total land area coverage.
b. Setbacks:
Minimum front yard setback along Highway 61/151=25 ft.
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Minimum front yard setback along Lake Eleanor Rd=50 ft.
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Minimum front yard setback on internal streets = 50 ft.
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Minimum side yard setback = 25 ft.
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Minimum rear yard setback = 25 ft.
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c. Within required front, side and rear setbacks, only driveways, fire lanes, open
space features, and primary and secondary signage are allowed. Parking lots
may encroach up to 25 feet into a 50-foot front yard setback, provided additional
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screening is provided as required in the Landscaping Regulations section of this
PUD Ordinance.
E. Parking Regulations
1. All vehicle-related features shall be surfaced with either asphalt or concrete.
2. Curbing and proper surface drainage of stormwater shall be provided.
3. All parking and loading spaces shall be delineated on the surfacing material by painted
strips or other permanent means.
4. The number, size and design of parking spaces shall be governed by applicable
provisions of City of Dubuque Ordinances enforced at the time of development of the
lot.
5. The number, size, design and location of parking spaces designated for persons with
disabilities shall be according to the local, state, or federal requirements in effect at the
time of development.
6. The location and number of private driveway intersections with public streets shall be
established by the City of Dubuque. Access to all lots shall be limited to the internal
streets of this PUD District .
7. No on-street maneuvering of delivery vehicles will be allowed on any type of through
street. Lots adjoining through streets shall provide all necessary maneuvering space for
delivery vehicles within the boundaries of the lots.
F. Landscaping Regulations
1. Plant Materials. The open space of each lot shall be planted with permanent lawn and
ground covers, shrubs and trees. It is the intent of these regulations that the
development of required open spaces shall reflect a high quality of environmental
design. The following provisions shall apply for each lot.
a. Landscape plans are required as part of submittals for site plan review.
Landscape plans are to include type, number and size of proposed plantings. As
a minimum, the submitted landscape plan should include the following:
No vehicle-related features except driveways and fire lanes shall be allowed
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within 25 feet of the property line.
For every one (1) acre of lot size, four (4) trees shall be required to a maximum
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of 40 trees. Each required tree shall be at least two (2) inches in diameter at
planting. Trees shall be of varieties approved for this PUD District and listed in
this PUD District.
Shrubs shall be used to screen parking areas and provide accent around
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buildings. Shrubs shall be of varieties approved for this PUD District and listed in
the covenants for this PUD District.
Parking areas located in front yards shall be screened with a combination of
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trees, shrubs or berms to provide a landscape screen of 25% opacity.
Parking areas located in front yards and encroaching up to 25 feet into a 50-foot
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front yard setback shall be screened with a combination of trees, shrubs and
berms to provide a landscape screen of 50% opacity.
2. The installation of required planting materials may be phased in direct proportion to the
phasing of building construction. All exposed soil areas remaining after the construction
of building and vehicle-related features shall be planted with a permanent ground cover
to prevent erosion. Within one (1) year following completion of construction, or by the
date that a building is issued an occupancy certificate by the Building Safety
Department of the City
of Dubuque, whichever first occurs, required landscaping shall be installed.
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3. The lot owner is required to replant any and all plant materials which have died due to
any cause during the effective period of this PUD Ordinance.
4. The area between the public street and the right-of-way line shall be planted with grass
and maintained by the lot owner. In addition, the lot owner will maintain City installed
street trees planted between the street and the right-of-way line, including replacing
trees that have died due to any cause.
5. Pedestrian access: Permanent hard-surfaced walkways shall be installed and
maintained by the owner for purposes of pedestrian movement between all parking
areas and functioning entries and exits of the buildings.
6. PUD District landscaping: Landscaping of this PUD District shall be in accordance with
the landscape plan, a copy of which is attached and made a part of this PUD
Ordinance.
G. Sign Regulations
1. Applicability of City of Dubuque Ordinances: The provisions of the City of Dubuque
Zoning Ordinance Section 4-3 Sign Regulations shall apply unless further regulated by
this section.
2. Off-Premise Signs: No off-premise signs shall be erected or constructed on the
property of this PUD District or on any of the private lots or buildings within this PUD
District.
3. On-Premise Signs:
a. Allowable content: signs messages and graphics shall be limited to the following
contents:
1. PUD District signs
Entrance signs
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Directory signs
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Street address
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2. Primary signs
Identification of company name
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Identification of company products or services by generic name only
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Street address
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Graphic symbol or logo identified with the company
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3. Secondary signs
Directional messages necessary for the safe and efficient flow of vehicular and
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pedestrian traffic on the lot
Identification of visitor entrances to the building, shipping and receiving docks
?
and other delivery points.
Identification of assigned parking spaces and parking spaces accessible to
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persons with disabilities
Temporary announcements of pending or new construction
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Commemorative messages
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b. Allowable Structural Types
1. PUD District signs
Monument-style
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2. Primary signs
Wall-mounted
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Monument-style
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3. Secondary signs
Wall-mounted
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Monument-style
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c. Maximum number of signs
1. PUD District signs
Not to exceed a total of six (6) signs in PUD District
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2. Primary signs
One (1) wall-mounted sign per street frontage per business
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One (1) monument-style sign per lot location; restricted to frontages on interior
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streets only.
3. Secondary signs
No maximum number
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d. Maximum Sign Area:
1. PUD District sign
Entrance signs: 200 square feet per sign face
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Directory signs: 30 square feet per sign face
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2. Primary sign
Wall-mounted sign: 15% of the area of the building wall upon which it is
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mounted
Monument-style signs: 100 square feet per sign face
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3. Secondary sign
Limited to six (6) square feet.
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e. Height Regulations:
1. PUD District sign
12 feet, measured from average grade to top of sign structure
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2. Primary sign
10 feet, measured from average grade to top of sign structure
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3. Secondary sign
6 feet, measured from average grade to top of sign structure
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f. Variance requests from sign requirements for sign, number and height shall be
reviewed by the Zoning Board of Adjustment in accordance with Section 5-3 of
the Zoning Ordinance.
g. Lighting: PUD District Signs and primary and secondary signs may be
illuminated only by means of indirect lighting whereby all light sources and
devices are shielded from view by opaque or translucent materials, or internally
illuminated by means of a light source completely enclosed by the sign panel.
h. Motion: No signs may include any device or means, mechanical, electrical or
natural, which shall cause any motion of the sign panel or any part thereof. No
flashing lights or changing colors shall be allowed.
H. Performance Standards
The development and maintenance of uses in this PUD District shall be established in
conformance with Section 3-5.5 of the Zoning Ordinance and the following standards:
1. Site Lighting
a. Exterior illumination of site features shall be limited to the illumination of the
following:
Parking areas, driveways and loading facilities.
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Pedestrian walkway surfaces and entrances to building.
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Screened storage areas.
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Building exterior.
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b. Location and Design:
All exterior lighting shall be designed, installed and maintained so as not to
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cause glare or to shine into adjacent lots and streets.
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No light source shall provide illumination onto adjacent lots, buildings or
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streets in excess of 1.0 foot candle.
All exterior lighting luminaires shall be designed and installed to shield light
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from the luminaire at angles above 72 degrees from vertical.
A lighting plan shall be included as part of site plan submittals that indicates
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types of lights used and ground light pattern for building lighting of building
and parking-related features.
Fixtures mounted on a building shall not be positioned higher than the roof line
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of the building.
The top of post mounted free-standing fixtures shall not be higher than 30 feet
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above the ground.
Wooden utility type poles are acceptable only for temporary use during
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construction.
All electrical service lines to posts and fixtures shall be underground and
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concealed inside the posts.
2. Utility Locations
a. Service lines: All electrical, telephone, cable and other similar utility lines serving
the building and other site features shall be located underground.
b. Mechanical equipment: all electrical transformers, switching gear, relay boxes,
meters, air conditioning units, heat pumps and other similar mechanical
equipment, including roof-mounted mechanical equipment, shall be screened
from view. Mechanical equipment shall be screened in such a manner that it will
appear to be an integral part of the building’s overall architectural design.
Fencing of at least 50% opacity, masonry walls, or plantings may be used to
visually screen mechanical equipment.
3. The recreational trail shall be placed six (6) feet behind the curb parallel to the street on
the north side of the cul-de-sac street and the east side of the major street that runs
north to south to link the perimeter recreational trail. The recreational trail shall be
internal to this PUD District and shall not be placed on the north side of Lake Eleanor
Road. The recreational trail shall be placed in accordance with the conceptual
development plan.
4. Final site development plans shall be submitted in accordance with Section 4-4 of the
Zoning Ordinance prior to construction of each building and vehicle-related feature
unless otherwise exempted by Section 4-4.
5. Stormwater Conveyance: The developer of each lot shall be responsible for providing
surface or subsurface conveyance(s) of storm water from the lot to existing storm
sewers or to flow line of open drainageways outside the lot in a means that is
satisfactory to the Public Works Department of the City of Dubuque.
6. Maintenance Assessments
a) City shall levy against the Properties in each assessment year an annual
assessment for the purpose of paying fifty percent (50%) of the actual costs of
City’s maintenance and repair of the Public Areas and the actual costs
associated with maintaining and lighting entrance signs. Said assessment may
also include the establishment of a capital improvements reserve fund for such
purposes. Upon establishment of such assessment levy, each Owner shall pay
to City a pro rata share (as hereinafter defined) of such assessment levy.
b. If such pro rata share is not paid within thirty (30) days of its due date, the
amount of such pro rata share shall become a lien upon the Lot obligated to pay
the same and shall bear interest from the due date at the highest legal contract
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rate applicable to a natural person. City may bring an action at law against any
Owner obligated to pay the same, or foreclose the lien against the Lot. The
Owner shall also be obligated to City for City’s costs and reasonable attorney’s
fees of any collection efforts. No Owner may waive or otherwise avoid liability for
an assessment provided herein by non-use of the Public Areas or abandonment
of a lot.
c. An Owner’s pro rata share shall be equal to a fraction, the numerator of which
shall be the gross square feet area of the Lot owned by the Owner and the
denominator of which shall be the gross square feet area of the Properties
exclusive of the Public Areas and public rights-of way.
d. Other applicable regulations enforced by the City of Dubuque relative to
stormwater management and drainage shall apply to properties in this PUD
District .
7. The conceptual development plan shall serve as the preliminary plat for this PUD
District. Subdivision plats and improvement plans shall be submitted in accordance with
Chapter 42, Subdivision Regulations, of the City of Dubuque Code of Ordinances.
8. Operations within enclosed buildings: All operations and activities shall be conducted or
maintained within completely enclosed buildings, except:
a. Off-street parking and loading spaces.
b. Employee recreational facilities.
c. Outdoor or exterior storage.
9. Noises generated within this PUD District shall be regulated by Chapter 33, Article IV
Noises, of the City of Dubuque Code of Ordinances.
10. All loading docks for shipping and receiving of raw and manufactured goods shall be
designed to provide for the direct movement of goods between the delivery vehicle and
the interior of the building. Loading docks shall generally be restricted to the rear
façade of a building. Loading docks may only be allowed on a side façade of a building
with approval granted through the design review process provided in the Dubuque
Technology Park covenants. Buildings located on corner lots shall provide screening
that visually obscures the dock from both street frontages, including any trucks
positioned at the dock. No visually exposed platform docks shall be allowed except
within fully screened storage areas. An effective 50% screening of loading doors and
docks, measured from ground level to a height of at least 20 feet, shall be provided
through the use of earthen berms and plantings.
11. Exterior Storage:
a. Exterior storage is prohibited in this PUD District.
12 Exterior Trash Collection Areas:
a. The storage of trash and debris shall be limited to that produced by the principal
permitted use, conditional uses and accessory uses of the lot.
b. The ground area coverage of exterior trash collection areas shall be the area
contained inside the required screening and this area shall be considered a
building-related feature for purposes of calculating total land area coverages.
c. Exterior trash collection areas shall be located in the rear or side yards only.
d. All exterior trash collection areas and the materials contained therein shall be
visually screened from view. The screening shall be completely opaque fence,
wall or other feature not exceeding a height of 10 feet measured from the ground
level outside the line of the screen. Screens built on sloping grades shall be
stepped so that their top line shall be horizontal. Exposed materials used to
construct the opaque screen shall be similar in appearance to materials used for
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exterior building walls. All exterior entrances to a screened trash area shall be
provided with a gate or door of similar design to that of the screen.
If a 10-foot high screen fails to shield the exterior trash collection area from view
from points inside or outside of the property, evergreen plantings may be
required in addition to the screening. Evergreen plant materials shall be selected
and designed so that they will screen the area from all off-site visibility within five
(5) years.
13. Street lighting: Street lights shall be installed in accordance with City of Dubuque
standards.
14. Flood Plain Regulations: The area of this PUD District that lies within the flood plain of
Granger Creek shall be subject to the regulations of Section 3-5.3 of the Zoning
Ordinance.
15. Phased Construction of Buildings and Parking Spaces: The construction of off-street
parking spaces may be phased in proportion to the percentage of total building floor
area constructed at any one time. Ground area set aside for future parking, loading
spaces or driveways or for parking provided in excess of the minimum required number
of parking spaces shall not reduce the minimum required area for open space.
16. Other Codes and Regulations: These regulations do not relieve an owner from other
applicable city, county, state and federal codes, regulations, laws and other controls
relative to the planning, construction, operation and management of property in the
Dubuque Industrial Center/South.
I. Open Space and Recreational Area
These areas designated on the conceptual development plan as “open” shall be maintained as
open space, as defined by Section 8 of the Zoning Ordinance by the property owner and/or
association. The recreational trail shall be maintained by the property owner and/or
association.
J. Transfer of Ownership
Transfer of ownership or lease of property in this PUD District shall include in the transfer or
lease agreement a provision that the purchaser or lessee acknowledges the existence of this
PUD District and the restrictions and conditions existing in this PUD District .
K. Modifications
Any modifications of this Ordinance must be approved by the City Council in accordance with
zoning reclassification proceedings of Section 6 of the Zoning Ordinance.
L. Recording
A copy of this ordinance shall be recorded in the office of the Dubuque County Recorder as a
permanent record of this amendment .
Section 3. The foregoing amendment has heretofore been reviewed by the Zoning
Commission of the City of Dubuque, Iowa.
Section 4. The foregoing amendment shall take effect upon publication, as provided by law.
rd
Passed, approved and adopted this 3 day of March, 2008.
/s/Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
th
Published officially in the Telegraph Herald Newspaper the 12 day of March, 2008.
/s/Jeanne F. Schneider, CMC, City Clerk
Iowa Wireless Services, LLC: Proof of publication on notice of public hearing to consider a
proposed lease of space to Iowa Wireless Services, LLC for a telecommunication antenna facility in
Madison Park and City Manager recommending approval.
Communication from the Historic Preservation Commission regarding the proposed flag pole and
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equipment compound which will serve as a wireless communication facility in Madison Park.
Communication from the City Manager advising that the Zoning Board of Adjustment (ZBA) had
tabled the I-Wireless request for a conditional use permit to locate a cell tower in Madison Park.
Motion by Connors to receive and file the documents. Seconded by Voetberg. Resolution
Disposing of an interest in real property owned by the City of Dubuque by lease agreement between
the City of Dubuque, Iowa and Iowa Wireless Services, LLC for the installation and operation of a
wireless telecommunication antenna facility. Council questioned the size of the flag pole and why
Iowa Wireless Services had not gone to the Zoning Board of Adjustment prior to requesting City
Council approval.
Motion by Voetberg to table and recess the public hearing until after a decision by the Zoning
Board of Adjustment. Seconded by Jones. Motion carried 7-0.
nd
West 32 Street Detention Basin Project: Proof of publication on notice of public hearing to
nd
consider the plans and specifications, form of contract and estimated cost for the West 32 Street
Detention Basin Project and City Manager recommending approval. Motion by Connors to receive
and file the documents and adopt Resolution No. 82-08 Approving plans, specifications, form of
nd
contract, and estimated cost for the West 32 Street Detention Basin Project. Seconded by Jones.
Motion carried 7-0.
RESOLUTION NO. 82-08
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR
ND
THE WEST 32 STREET DETENTION BASIN PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
nd
That the proposed plans, specifications, form of contract and estimated cost for the West 32
Street Detention Basin Project, in the estimated amount $4,288,809.35, are hereby approved.
rd
Passed, adopted and approved this 3 day of March, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Medical Associates Clinic / Robert Hartig – Planned Unit Development District (PUD) Amendment
(Second reading on February 18, 2008): City Manager submitting a revised ordinance for the Medical
Associates Planned Unit Development (PUD) District amendment reflecting conditions proposed to
mitigate impacts associated with the construction of a new building.
Communications from Norma M. Kerper, 240 Devon Drive; Ellen Baumhover, 2084 Rosemont;
Dianne Glanz; Eric Kaufmann, owner of 3814 Cora Drive (February 10 and 26 letters); Darlene
Kaufmann, 1430 Reeder Street; Mary Pat Kerper, 3830 Cora Drive; Steve Geisz, Concerned Citizen;
Sue Moran, 880 South Grandview; Norma Kerper, 240 Devon Drive (February 26 letter); Regina Pint,
Cora Drive resident; Scott and Deirdre Dalsing, 3824 Andrea Street; Jean Kohn; Tim and Georgia
Schmit, 1575 Donovan; Lavonne Kennedy, 3860 Cora Drive; Emily Bush and Marcus Albers, 3828
Cora Drive in opposition to the proposed amendment.
City Manager submitting a copy of the PowerPoint presentation for the proposed amendment to
the Medical Associates PUD presented at the February 4, 2008 City Council meeting.
Motion by Jones to receive and file the documents and for final consideration and passage of
Ordinance No. 14-08 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
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Ordinances by adopting a revised Planned Unit Development Ordinance for the Medical Associates
West Campus Planned Unit Development District and amending Ordinances 24-94, 32-96 and 35-99,
and their respective conceptual development plans. Seconded by Connors. Motion carried 4-3 with
Braig, Resnick and Voetberg voting nay.
OFFICIAL PUBLICATION
ORDINANCE NO. 14-08
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY ADOPTING A REVISED PLANNED UNIT
DEVELOPMENT ORDINANCE FOR THE MEDICAL ASSOCIATES WEST CAMPUS PLANNED
UNIT DEVELOPMENT DISTRICT AND BY AMENDING ORDINANCES 24-94, 32-96, AND 35-99,
AND THEIR RESPECTIVE CONCEPTUAL DEVELOPMENT PLANS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is
hereby amended by adopting a revised Planned Unit Development Ordinance and amending the
private greenway easement on the conceptual development plan as shown on Exhibit A for the
Medical Associates West Campus as stated below, to wit: Lot 1 and Lot 9 Medical Associates
Subdivision, Lot 1 thru 10 Medical Associates Subdivision No. 2, Lot A Medical Associates
Subdivision No. 3, Lot 1 thru 12 of Oak Park Place, and to the centerline of the adjoining public right-
of-way, all in the City of Dubuque, Iowa.
Section 2. Planned Unit Development Regulations
A. Use Regulations: The following regulations shall apply to all uses made of land in the above-
described PUD District in accordance with the conceptual development plan:
1) Phases 1, 2 and 3 Business: All principal permitted, accessory, conditional and
temporary uses allowed in the C-3 General Commercial District as established in Section 3-
3.3 of the Zoning Ordinance.
a) Lot 9 Medical Associates Subdivision shall have the following permitted uses
1) General offices
2) Medical office/clinic
3) Dental/medical lab
2) Phase 1 Residential. All principal permitted, accessory, conditional and temporary
uses allowed in the R-2 Two-Family Residential District as established in Section 3-1.2 of
the Zoning Ordinance.
3) Phase 2 Residential: All principal permitted, accessory, conditional and temporary
uses allowed in the R-3 Moderate Density Multi-Family Residential District as established in
Section 3-1.4 of the Zoning Ordinance.
4) Phase 3 Residential: All principal permitted, accessory, conditional and temporary
uses allowed in the R-4 Multi-Family Residential District as established in Section 3-1.5 of
the Zoning Ordinance.
5) City Park Land and Natural Preserve: Public and private parks, nature preserve and
similar passive and active recreational uses.
B. Development, Lot and Bulk Regulations: Development of land in the PUD District shall be
regulated as follows:
1) All building structures and activities shall be developed in conformance with the
attached conceptual development plan and Exhibit A. All final site development plans shall
be approved in accordance with provisions of this ordinance and of Sections 3-5.5, 4-4 and
4-5 of the Zoning Ordinance.
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2) All buildings and structures shall be located in accordance with the lot and bulk
regulations of the districts identified in Section 2.A of this Ordinance for Phases 1, 2 and 3
Business, Phases 1, 2 and 3 Residential, and in accordance with the bulk regulations of the
POS Public Open Space District for City park land and natural preserve, as established in
Section 3-5.4 of the Zoning Ordinance.
a) Lot 9 Medical Associates Subdivision shall have the following setbacks:
1) The proposed building shall be set back 110 feet from the north property line.
2) The proposed building shall be located in substantial compliance with Exhibit A.
3) A maximum building height of 40 feet shall be allowed for the medical and commercial
uses, except a maximum 30 feet height limit shall be required for Lots 1, 2 and 3 of Medical
Associates Subdivision No. 2 and Lot 9 medical Associates Subdivision.
C. Performance Standards: The development and maintenance of uses in this PUD district shall
be established in conformance with Section 3-5.5 of the Zoning Ordinance and the following
standards:
1) Lighting shall be provided per City standards.
2) Landscaping shall be provided in compliance with Section 4-5 of the Zoning Ordinance
and as stipulated in the conceptual development plan.
3) Screening for Lot 9 Medical Associates Subdivision shall be provided in compliance with
the following standards:
a) Screening shall be located approximately 50 feet from the north property line of the
parcel.
b) The screen shall be comprised of trees and shrubs that will fully block the view (100%
opacity) of the proposed building from adjacent residences.
c) The screening shall be planted at a height of 13’ 4” at the west end of the site to 20’ 9”
at the east end of the site.
d) The screening plan shall be submitted as part of the site plan documents.
4) Vehicle access to the building proposed for Lot 9 Medical Associates Subdivision shall be
limited to either the south or west end of the building.
5) The proposed building on Lot 9 Medical Associates Subdivision shall be approximately
16,000 square feet in size and be designed as a single-story building with an exposed lower
level on the north side of the building.
6) All utilities, including telephone and cable television, shall be installed underground.
7) Sidewalks shall be placed four (4) feet behind the curb parallel to the street on all public
street frontages, connecting all commercial, residential, and institutional areas, and constructed
in accordance with City standards.
8) To preserve topographical or natural features or to provide visual interest, an alternative
pedestrian system that provides safe and convenient circulation shall be placed in accordance
with the green ways, City park land, natural preserve and open space areas designated on the
conceptual development plan and constructed in accordance with City standards away from the
street system to link dwelling units with other dwelling units, streets and on-site activity centers
such as parking and recreation areas.
9) Final site development plans shall be submitted to the City Planner for approval prior to the
issuance of building permits and/or related construction permits in accordance with Section 3-
5.5 and 4-4 of the Zoning Ordinance, unless otherwise exempted.
10) Major final site development plans for Phases 1, 2 and 3 Business also shall be
submitted to the Zoning Advisory Commission. The Commission shall approve the site plans if
they are determined to be in substantial conformance with the conceptual development plan.
11) Preliminary and final subdivision plats shall be submitted to the City Planner for approval
in accordance with Chapter 42 (Subdivision Regulations) of the Code of Ordinances.
25
12) All streets shall be dedicated to the public.
D. Open Space and Recreational Areas
1) Those areas not designated on the conceptual development plan for development
shall be maintained as open space, as defined by Section 8 of the Zoning Ordinance, by
property owner(s) and/or property or homeowner’s association.
2) Those areas designated on the conceptual development plan as City park land and
natural preserve shall be dedicated to the City of Dubuque in accordance with Chapter 42
(Subdivision Regulations) of the Code of Ordinances.
E. Sign Regulations: The sign regulations for the PUD District shall be in accordance with
Section 4-3.11 of the Zoning Ordinance as follows:
1) Phases 1, 2 and 3 Business (Medical Office: ID Institutional District.
2) Phases 1, 2 and 3 Business (Office/Retail/Service) Signage shall be allowed in
compliance with the C-3 District requirements, plus two 300 square foot freestanding
identification signs not exceeding 40 feet in height shall be allowed identifying the
businesses in the complex, subject to the following conditions:
a) Approval by the Iowa Department of Transportation (IDOT) of the location and
placement of the signs.
b) Vacation by the City Council of the medians of Associates Drive and Chavenelle
Road, with ownership of the median transferring to Medical Associates Clinic, thereby
making these on-premise signs.
c) No off-premise signs shall be allowed.
3) Phases 1, 2 and 3 Residential, City park land and Natural Preserve: R-1 District.
F. Additional Standards
1) The conceptual development plan shall be valid for a period of ten (10) years after
publication of Ordinance 14-08. The Zoning Advisory Commission may grant an extension
in accordance with Section 3-5.5 of the Zoning Ordinance.
2) No buildings may be erected and no uses may occupy any portion of the PUD District
until the required related off-site improvements are constructed or appropriate security as
determined by the City Manager is provided to insure construction. As the PUD District is to
be developed in phases, all improvements necessary for the proper operation and
functioning of each phase, even though some improvements may be located outside of the
phase under development or outside the PUD District, must be constructed and installed or
appropriate security as determined by the City Manager must be provided to insure their
construction.
3) Access to the Northwest Arterial for Phases 1, 2 and 3 Business shall be approved by
the City Council, and limited to a full, signalized intersection at Chavenelle Road, a right-
in/right-out only access south of Chavenelle Road and a restricted emergency-only access
shall be provided to Donovan Drive.
G. Transfer of Ownership: Transfer of ownership or lease of property in this PUD District shall
include the transfer or lease agreement a provision that the purchaser or lessee acknowledges
awareness of the conditions authorizing the establishment of the district.
H. Reclassification of the Subject Property: The City of Dubuque, Iowa may initiate zoning
reclassification proceedings to the R-1 Single-Family Residential District in accordance with
Section 6 of the Zoning Ordinance if the property owner(s) fail(s) to complete or maintain any of the
conditions of this ordinance.
I. Modifications: Any modifications of this Ordinance must be approved by the City Council in
accordance with zoning reclassification proceedings of Section 6 of the Zoning Ordinance.
J. Recording: A copy of this Ordinance shall be recorded at the expense of the property
owner(s) with the Dubuque County Recorder as a permanent record of the conditions accepted as
26
part of this approval after the adoption of this Ordinance. This Ordinance shall be binding upon the
undersigned and his/her heirs, successors and assigns.
Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 4. The foregoing amendment shall take affect upon publication, as provided by law.
rd
Passed, approved and adopted this 3 day of March, 2008.
/s/Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
th
Published officially in the Telegraph Herald Newspaper the 12 day of March, 2008.
/s/Jeanne F. Schneider, CMC, City Clerk
North Grandview Avenue Pet Park: Communication from the Park and Recreation Commission
recommending that the North Grandview Avenue Pet Park be closed after an alternative site has
been found. Motion by Jones to receive and file the document and to concur with the
recommendation of the Park and Recreation Commission. Seconded by Connors. Motion carried 6-1
with Voetberg voting nay.
KeyLine Free Rides Program: City Manager recommending approval to renew the Free Ride
Program with the Dubuque Community School District for another year (August 1, 2008 through July
31, 2009). Motion by Lynch to receive and file and approve. Seconded by Braig. Motion carried 7-0.
There being no further business, Lynch motioned to adjourn at 7:34 p.m. Seconded by Braig.
Motion carried 7-0.
/s/Jeanne F. Schneider, CMC
City Clerk
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