12 21 15 City Council Proceedings Official_RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:15 p.m. on December 21, 2015
in the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut-
ton; City Manager Van Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a special session of the City Council called
for the purpose of conducting a work session on Source of Income Update.
WORK SESSION
SOURCE OF INCOME UPDATE
Housing and Community Development Directory Alvin Nash and Source of Income
(SOI) Committee Members Laura Carstens, Planning Services Manager; John Pregler,
Long Range Planning Commission; Patrick Norton, Zoning Advisory Commission; and
Crenna Brumwell, City Attorney's Office presented an update on the SOI Committee's
work and next steps. Topic included:
• Definition of source of income vs. income
• SOI Committee formation and purpose
• SOI issues and goals
• Composition of the SOI Committee
• SOI Subcommittee (source of income analysis, housing choice voucher/landlord
policy, administrative analysis and policy
• SOI related definitions: fair housing, affirmatively furthering fair housing, afforda-
ble housing, and affordable subsidy
• SOI chart of state and local laws and proposed legislation
• SOI Committee timeline for 2015 and 2016
A question/answer period with the City Council followed the presentation.
There being no further business, upon motion the City Council adjourned at 5:46 p.m.
/s/Kevin S. Firnstahl, CMC City Clerk
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on December 21,
2015, in the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut-
ton; City Manager Van Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
PLEDGE OF ALLEGIANCE
PRESENTATION(S)
1. Dubuque -Area Labor Management Council (DALMC) Awards: DALMC Executive
Director Kelly Cooper presented the 2015 awards for Great Job Honor Roll to Jule
Transit employee Mike Feltes (accepted by Candace Eudaley-Loeboch) and the Labor -
Management Partnership Award to the City of Dubuque/Jule Transit and the Teamsters
Local 120.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Connors. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council Proceedings of 12/7, 12/14; Civil
Service Commission of 12/7; Library Board of Trustees of 10/22, Park and Recreation
Commission of 11/10; Zoning Advisory Commission of 12/2; Proof of Publication of City
Council Proceedings for 11/16; Proof of Publication for Delinquent Water, Sewer, Re-
fuse & Stormwater Collection Accounts of 11/20, 11/27. Upon motion the documents
were received and filed.
2. Notice of Claims and Suits: Duane Crippes for personal injury; Dean Donath for
vehicle damage; Suit by Joe Zwack for historical significance jurisdiction. Upon motion
the documents were received, filed and referred to the City Attorney.
3. Disposition of Claims: City Attorney advising that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As-
surance Pool: Duane Crippes for personal injury, Dean Donath for vehicle damage,
Donna Moeller for personal injury. Upon motion the documents were received, filed and
concurred.
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4. Compact of Mayors: City Manager transmitting the December 2015 Compact of
Mayors newsletter Climate Leadership at the Local Level: Global Impact of the Compact
of Mayors. Upon motion the documents were received and filed.
5. John F. Kennedy and Wacker Signal Replacement Project Acceptance: City Man-
ager recommending acceptance of the construction contract for the John F. Kennedy
Road & Wacker Drive Traffic Signal Replacement Project as completed by Portzen
Construction, Inc. Upon motion the documents were received and filed and Resolution
No. 425-15 Accepting the John F. Kennedy Road & Wacker Drive Traffic Signal Re-
placement Project and authorizing the payment of the contract amount to the contractor
was adopted.
RESOLUTION NO. 425-15
ACCEPTING THE JOHN F. KENNEDY ROAD & WACKER DRIVE TRAFFIC SIGNAL
REPLACEMENT PROJECT AND AUTHORIZING THE PAYMENT OF THE CON-
TRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the John F. Kennedy Road & Wacker
Drive Traffic Signal Replacement Project (the Project) has been completed and the City
Engineer has examined the work and filed a certificate stating that the Project has been
completed according to the terms of the Public Improvement Contract and that the City
Engineer recommends that the Project be accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the
Reconstruct Signals at JFKM/acker fund for the contract amount of $327,580.01 less
any retained percentage provided for therein as provided in Iowa Code chapter 573,
and to pay such retainage only in accordance with the provisions of Iowa Code chapter
573.
Passed, approved and adopted this 21st day of December, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE JOHN F. KEN-
NEDY ROAD & WACKER DRIVE TRAFFIC SIGNAL REPLACEMENT PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the John F. Kennedy Road & Wacker Drive Traffic Signal Replacement
Project, that the Project has been performed in compliance with the terms of the Public
Improvement Contract, and that the total cost of the completed work is $425,489.87.
Dated this 18th day of December, 2015.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 21st day of December, 2015.
/s/ Kevin S. Firnstahl, City Clerk
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6. Acceptance of John F. Kennedy PCC Panel Replacement Project between 32nd
Street and NW Arterial: City Manager recommending acceptance of the construction
contract for the John F. Kennedy Road PCC Panel Replacement Project between 32nd
Street and NW Arterial as completed by Eastern Iowa Excavating & Concrete. Upon
motion the documents were received and filed and Resolution No. 426-15 Accepting the
John F. Kennedy Road PCC Panel Replacement Project between 32nd Street and NW
Arterial and authorizing the payment of the contract amount to the contractor was
adopted.
RESOLUTION NO. 426-15
ACCEPTING THE JOHN F. KENNEDY ROAD PCC PANEL REPLACEMENT PRO-
JECT BETWEEN 32ND STREET AND NW ARTERIAL AND AUTHORIZING THE
PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the John F. Kennedy Road PCC Pan-
el Replacement Project between 32nd Street and NW Arterial (the Project) has been
completed and the City Engineer has examined the work and filed a certificate stating
that the Project has been completed according to the terms of the Public Improvement
Contract and that the City Engineer recommends that the Project be accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the
Concrete Section Repair appropriations for the contract amount of $17,825.79, less any
retained percentage provided for therein as provided in Iowa Code chapter 573, and to
pay such retainage only in accordance with the provisions of Iowa Code chapter 573.
Passed, approved and adopted this 21 st day of December, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE JOHN F. KEN-
NEDY ROAD PCC PANEL REPLACEMENT PROJECT BETWEEN 32ND STREET
AND NW ARTERIAL
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the John F. Kennedy Road PCC Panel Replacement Project between
32nd Street and NW Arterial, that the Project has been performed in compliance with the
terms of the Public Improvement Contract, and that the total cost of the completed work
is $17,825.79.
Dated this 18th day of December, 2015.
/s/ Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 21st day of December, 2015.
Kevin S. Firnstahl, City Clerk
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7. Acceptance of Public Improvements - Sky Blue Estates Subdivision: City Manager
recommending acceptance of the public improvements that the developer, EKMLLC,
has recently completed in Sky Blue Estates Subdivision. Upon motion the documents
were received and filed and Resolution No. 427-15 Accepting public improvements in
the Sky Blue Estate Subdivision in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 427-15
ACCEPTING PUBLIC IMPROVEMENTS IN SKY BLUE ESTATES SUBDIVISION IN
THE CITY OF DUBUQUE, IOWA
Whereas, pursuant to Resolution 186-12, certain public improvements including
street paving with curb, sidewalk ramps, sanitary sewer main, watermain, storm sewers
and catch basins, fiber optics conduit, and street lighting were installed by the developer
of Sky Blue Estates Subdivision in the City of Dubuque, Iowa; and
Whereas, the improvements have been completed and the City Manager has exam-
ined the work and has filed a certificate stating that the same has been completed in
accordance with the plans approved by the City Council and in conformance with City
specifications, and has recommended that the improvements be accepted by the City
Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the City Manager be approved and that said
public improvements in Sky Blue Estates Subdivision be and the same is hereby ac-
cepted.
Section 2. That maintenance of said public improvements shall be the responsibility
of the owners, EKM LLC, for a period of two (2) years from the date of this resolution.
Passed, approved and adopted this 21 st day of December, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Novelty Iron Works - 4th Amendment to DA: City Manager recommending approval
of a 4th Amendment to the Novelty Iron Landlord LLC Development Agreement in order
to modify the parking arrangement by deleting Section 3.1 in its entirety. Upon motion
the documents were received and filed and Resolution No. 428-15 Approving the 4th
Amendment to the Development Agreement between the City of Dubuque, Iowa and
Novelty Iron Landlord, LLC was adopted.
RESOLUTION NO. 428-15
APPROVING THE FOURTH AMENDMENT TO THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF DUBUQUE, IOWA AND NOVELTY IRON LANDLORD, LLC
Whereas the City of Dubuque, Iowa (City) and Warehouse Trust, LLC (Developer)
entered into a Development Agreement dated for reference purposes the 17th day of
June, 2013 which Development Agreement was assigned to Novelty Iron Landlord LLC
the 5th day of August, 2013; and
Whereas City and Developer now desire to amend the Development Agreement as
set forth in the Fourth Amendment to Development Agreement attached hereto.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby approves the Fourth Amendment to Development
Agreement.
Section 2. The Mayor is authorized and directed to sign the Fourth Amendment to
Development Agreement on behalf of the City of Dubuque.
Passed, approved and adopted this 21 st day of December, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
9. First Amendment to Development Agreement for 253 Main Street: City Manager
recommending approval of the First Amendment to Development Agreement with Ken-
neth Oberbroeckling for redevelopment of 253 Main Street to extend the completion
date to March 1, 2016. Upon motion the documents were received and filed and Reso-
lution No. 429-15 Approving the First Amendment to the Development Agreement be-
tween the City of Dubuque, Iowa and Kenneth Oberbroeckling was adopted.
RESOLUTION NO. 429-15
APPROVING THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF DUBUQUE, IOWA AND KENNETH OBERBROECKLING
Whereas the City of Dubuque, Iowa (City) and Kenneth Oberbroeckling (Developer)
entered into a Development Agreement dated for reference purposes the 6th day of
April, 2015 for the redevelopment of the property at 253 Main Street; and
Whereas City and Developer now desire to amend the Development Agreement as
set forth in the First Amendment to Development Agreement attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby approves the First Amendment to Development
Agreement.
Section 2. The Mayor is authorized and directed to sign the First Amendment to De-
velopment Agreement on behalf of the City of Dubuque.
Passed, approved and adopted this 21 st day of December, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10. Restrictive Covenant for 2300 Jackson Street: City Manager recommending ap-
proval of a Resolution attaching a Restrictive Covenant to the property at 2300 Jackson
Street requiring owner -occupancy for a 21 -year period. Upon motion the documents
were received and filed and Resolution No. 430-15 Attaching a Single -Family, Owner -
Occupied Residence Restrictive Covenant to 2300 Jackson Street, Dubuque, Iowa was
adopted.
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RESOLUTION NO. 430-15
ATTACHING SINGLE FAMILY OWNER -OCCUPIED RESIDENCE RESTRICTIVE
COVENANT, TO 2300 JACKSON STREET, DUBUQUE, IA
Whereas, The City desires to attach restrictive covenants to 2300 Jackson Street pri-
or to disposal of said property; and
Whereas, the City intends to dispose of said property in the near future and the City
desires said property to be owner -occupied for a period of twenty one years after the
sale.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque approves the restrictive covenants
for 2300 Jackson Street, legally described as:
Lot 2 of Lot 63 in L.H. Langworthy's Addition in the City of Dubuque, Iowa, accord-
ing to the recorded plat thereof — 2300 Jackson Street
Section 2. The Mayor is hereby authorized and directed to sign this Resolution and
the Restrictive Covenant for the above described real estate.
Section 3. The City is Clerk is hereby authorized and directed to provide a certified
copy of this Resolution to the City Attorney's Office for recording in the Office of the
Dubuque County Recorder.
Passed, approved and adopted this 21 st day of December, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
11. Platting of City Property in Dubuque Industrial Center South: City Manager rec-
ommending approval of the Plat of Survey for Lot 1 and 2 of Dubuque Industrial Center
South Second Addition in the City of Dubuque in order to create two new lots to be mar-
keted for potential development. Upon motion the documents were received and filed
and Resolution No. 431-15 Approving Plat of Survey of Dubuque Industrial Center
South Second Addition in the City of Dubuque, Dubuque County, Iowa was adopted.
RESOLUTION NO. 431-15
APPROVING PLAT OF SURVEY OF DUBUQUE INDUSTRIAL CENTER SOUTH
SECOND ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa,
a plat dated the 16th day of December, 2015, prepared by IIW, P.C., dividing Lot 1
Dubuque Industrial Center South First Addition, to be hereinafter known as Lot 1 and 2
of Dubuque Industrial Center South Second Addition in the City of Dubuque, Dubuque
County, Iowa; and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated the 16th day of December, 2015, prepared by IIW, P.C.
relative to the real estate hereinabove described be and the same is hereby approved,
and the Mayor and City Clerk be and they are hereby authorized and directed to exe-
cute said plat for and on behalf of the City of Dubuque, Iowa.
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Section 2. That the City Clerk be and is hereby authorized and directed to file said
plat and certified copy of this resolution in the office of the Recorder in and for Dubuque
County, Iowa.
Passed, approved and adopted this 21 st day of December, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. Plat of Survey for Dotter Place No. 2: Zoning Advisory Commission recommend-
ing approval of the Plat of Survey for Dotter Place No. 2 subject to waiving the lot area
for Lot 1. Upon motion the documents were received and filed and Resolution No. 432-
15 Approving the Plat of Survey for Dotter Place No. 2 in the City of Dubuque, Iowa was
adopted.
RESOLUTION NO. 432-15
APPROVING THE PLAT OF SURVEY DOLTER PLACE #2 IN CITY OF DUBUQUE,
IOWA
Whereas, there has been filed with the City Clerk a Plat of Survey Dotter Place #2 in
the city of Dubuque, Iowa; and
Whereas, said Plat of Survey provides 2,419 square feet of lot area for Lot 1, where
2,500 feet of lot area is required by Section 11-14 of Title 16 of the City of Dubuque
Code of Ordinances, Unified Development Code; and
Whereas, said Plat of Survey has been examined by the Zoning Advisory Commis-
sion and had its approval endorsed thereon; and
Whereas, said Plat of Survey has been examined by the City Council and they find
that it conforms to the statutes and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, is waived to allow 2,419 square feet of lot area for Lot 1.
Section 2. That the Plat of Survey Dolter Place #2 is hereby approved and the Mayor
and City Clerk are hereby authorized and directed to endorse the approval of the City of
Dubuque, Iowa upon said Plat of Survey.
Passed, approved and adopted this 21 st day of December, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
13. Pre -Annexation Agreement — Oberbroeckling: City Manager recommending ap-
proval of a Pre -Annexation Agreement with Richard A. Oberbroeckling and Ronald L.
Oberbroeckling for property located adjacent to the City of Dubuque corporate city limits
and as established by the City's Fringe Area Development Standards of the Unified De-
velopment Code. Upon motion the documents were received and filed and Resolution
No. 433-15 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa
and Richard A. Oberbroeckling and Ronald L. Oberbroeckling was adopted.
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RESOLUTION NO. 433-15
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND RICHARD A. OBERBROECKLING AND RONALD L. OBER-
BROECKLING
Whereas, Richard A Oberbroeckling and Ronald L. Oberbroeckling, the owners of the
following described property in Dubuque County, Iowa (the Property) have submitted to
the City Council of the City of Dubuque an application for voluntary annexation of the
Property to the City of Dubuque:
Lot 1 of the Northeast Quarter of the Southeast Quarter of Section 8, Township 88
North, Range 2 East of the 5th P.M., Dubuque County, Iowa; and
Whereas, Richard A Oberbroeckling and Ronald L. Oberbroeckling, have entered in-
to a Pre -annexation Agreement with the City of Dubuque a copy of which is attached
hereto governing the future annexation of the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property
in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan
of the City of Dubuque, necessary for the future orderly growth and development of the
City of Dubuque, and will promote efficient and cost effective extension of municipal
services; and
Whereas, the City Council finds that the annexation of the Property is in the public in-
terest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre -annexation Agreement by and between Richard A Oberbroeckling
and Ronald L. Oberbroeckling and the City of Dubuque is hereby approved.
Passed, approved and adopted this 21 st day of December, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
14. Pre -Annexation Agreement - City of Dubuque: City Manager recommending ap-
proval of pre -annexation agreements and covenants for the City -owned well and lagoon
parcels in the Twin Ridge Subdivision in Key West. Upon motion the documents were
received and filed and Resolution No. 434-15 Approving a Pre -Annexation Agreement
by the City of Dubuque, Iowa (Lot 2, Lot B); and Resolution No. 435-15 Approving a
Pre -Annexation Agreement by the City of Dubuque, Iowa (Lot 18) were adopted.
RESOLUTION NO. 434-15
APPROVING A PRE -ANNEXATION AGREEMENT BY THE CITY OF DUBUQUE,
IOWA
Whereas, the City of Dubuque, the owner of the following described property in
Dubuque County, Iowa (the Property) has submitted to the City Council of the City of
Dubuque an application for voluntary annexation of the Property to the City of Dubuque:
that part of Lot 2 of Lot 1 of the South West 1/4 of the South West 1/4, Section 12,
Township 88 North, Range 2 East of the 5th P.M., Dubuque County, Iowa, accord -
9
ing to the recorded Plat thereof, as described in Warranty Deed, Instrument #4273-
72; and
Lot B of Twin Ridge Subdivision No. 5, Dubuque County, Iowa, according to the
recorded Plat thereof; and
Whereas, the City of Dubuque has entered into a Pre -Annexation Agreement, a copy
of which is attached hereto governing the future annexation of the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property
in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan
of the City of Dubuque, necessary for the future orderly growth and development of the
City of Dubuque, and will promote efficient and cost effective extension of municipal
services; and
Whereas, the City Council finds that the annexation of the Property is in the public in-
terest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre -annexation Agreement by the City of Dubuque is hereby ap-
proved.
Passed, approved and adopted this 21 st day of December, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 435-15
APPROVING A PRE -ANNEXATION AGREEMENT BY THE CITY OF DUBUQUE,
IOWA
Whereas, the City of Dubuque, the owner of the following described property in
Dubuque County, Iowa (the Property) has submitted to the City Council of the City of
Dubuque an application for voluntary annexation of the Property to the City of Dubuque:
That part of Lot 18 in "Twin Ridge" Subdivision, in Table Mound Township, Dubuque
County, Iowa, according to the Plat thereof in Book of Plats #34, page 93, as de-
scribed in Warranty Deed, Instrument #748-72 and Correction Warranty Deed, In-
strument #4272-72, records of Dubuque County, Iowa; and
Whereas, the City of Dubuque has entered into a Pre -annexation Agreement, a copy
of which is attached hereto governing the future annexation of the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property
in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan
of the City of Dubuque, necessary for the future orderly growth and development of the
City of Dubuque, and will promote efficient and cost effective extension of municipal
services; and
Whereas, the City Council finds that the annexation of the Property is in the public in-
terest.
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NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre -annexation Agreement by the City of Dubuque is hereby ap-
proved.
Passed, approved and adopted this 21 st day of December, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
15. PEG Capital Grant Expenditure Request: City Manager recommending approval
of the Cable TV Commission's request for funding from the Public, Educational, and
Government (PEG) Capital Grant for Access Equipment and Facilities for the City of
Dubuque to install digital encoding equipment for each PEG channel on the Dubuque
system. Upon motion the documents were received, filed and approved.
16. Permits Plus Software Upgrade: City Manager recommending replacement of
Permits Plus software with the latest cloud -hosted web -based solution from Accela. Up-
on motion the documents were received, filed and approved.
17. National League of Cities (NLC) Financial Inclusion Cohort Application: City Man-
ager transmitting the National League of Cities (NLC) Financial Inclusion Cohort appli-
cation in partnership with Project HOPE. Upon motion the documents were received
and filed.
18. Water Infrastructure Resiliency Finance Center: City Manager transmitting corre-
spondence to the Iowa Department of Natural Resources regarding Dubuque volunteer-
ing to participate in the EPA -Funded Water Infrastructure Resiliency Finance Center pi-
lot program. Upon motion the documents were received and filed.
19. City Assessor's Office - Notification of Property Tax Appeals: Correspondence
from City Assessor Rick Engelken advising the City of four property tax appeals before
the Iowa Property Assessment Board. Upon motion the documents were received and
filed.
20. Civil Service Commission: Civil Service Commission submitting the re -certified list
for the position of Firefighter. Upon motion the documents were received, filed and
Made a Matter of Record.
December 7, 2015
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position
of Fire Entry was administered on September 26, 2015. We hereby certify that the indi-
viduals listed below have passed this written examination and the vacancy for this posi-
tion should be made from this list and that this list is good for eighteen (18) months from
the above date.
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Firefighter
1. Bradley Soat
2. Jeffrey Pregler
3. Robert Reed
4. Ross Dillavou
5. Gilbert June
6. Nicky Metz
7. Scott Brachman
8. Kyle Reinert
9. Ryan Wheeler
10. William Sullivan
11. Jeffrey Schmitt
12. Jeremy Vondal
13. Collin Riley
14. Joseph Long
15. Amanda Grap
16. Christopher Grue
17. Jacob Fiedler
18. Alexander Miller
19. Joseph Schmitt
20. Jayson Wagner
21. Michael Luksetich
22. Mitchell Nachreiner
23. Robert Cole
Respectfully submitted,
/s/ Dan White, Chairperson
Civil Service Commission
21. Improvement Contracts / Performance, Payment and Maintenance Bonds: Con-
nolly Construction, Inc., for the 2015 SCADA (Flow Metering Stations) Manhole Installa-
tion Project. Upon motion the documents were received, filed and approved.
22. Signed Contracts: Amendment #4 to the Recyclables Processing and Marketing
Agreement between the Dubuque Metropolitan Area Solid Waste Agency (DMASWA),
Dittmer Recycling and the City of Dubuque. Upon motion the documents were received
and filed.
23. Alcohol License Applications: City Manager recommending approval of annual
beer, liquor and wine licenses as submitted. Upon motion the documents were received
and filed and Resolution No. 436-15 Approving applications for beer, liquor, and/or wine
permits, as required by City of Dubuque Code of Ordinances Title 4 Business and Li-
cense Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses
and Permits was adopted.
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RESOLUTION NO. 436-15
APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS
REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS
AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQ-
UOR, BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted
and filed with the City Council for approval and the same have been examined and ap-
proved; and
Whereas, the premises to be occupied by such applicants were inspected and found
to comply with the Ordinances of the City and the applicants have filed the proper fees
and bonds and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the
noted permit types to the following applicants pending submission of the locally required
documentation:
Renewals
Brazen Open Kitchen Bar, 955 Washington St. Suite 101, Class C Liquor
Breezwers Pub, 600 Central Ave., Class C Liquor
Cue Master Billiards, 900 Central Ave., Class C Liquor (Sunday)
Instant Replay, 1602 Central Ave., Class C Liquor (Living Qrts.) (Sunday)
Pizza Hut #4690, 2075 JFK Rd., Class B beer (Sunday)
Sam's Club #4973, 4400 Asbury Rd., Class E Liquor, Class B Wine, Class C Beer
(Sunday)
The Lounge, 481 Locust St., Class C Liquor (Outdoor)
The Moraco, 1413 Rockdale Rd., Class C liquor (Sunday)
United Auto Workers Local #94, 3450 Central Ave., Class B Beer, Class B Native Wine
(Sunday)
Passed, approved and adopted this 21 st day of December, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolutions, set the
public hearings as indicated, and direct the City Clerk to publish notice as prescribed by
law. Seconded by Connors. Motion carried 7-0.
1. SW Arterial Right of Way Property Acquisition: City Manager recommending the
City Council schedule a public hearing for January 19, 2016, on the intent to commence
a public improvement project and to establish Just Compensation Valuation (Fair Mar-
ket Value) of necessary right-of-way property which the City intends to acquire or con-
demn, if required, for the Southwest Arterial Project. Upon motion the documents were
received and filed and Resolution No. 437-15 Setting a public hearing on the intent to
commence a public improvement project for the Southwest Arterial Project and to ac-
quire agricultural land for the Project and to establish just compensation valuation (fair
13
market value) of necessary right-of-way property which the City intends to acquire or
condemn if required for the Southwest Arterial Project was adopted setting a public
hearing for a meeting to commence at 6:30 p.m. on January 19, 2016 in the Historic
Federal Building.
RESOLUTION NO. 437-15
SETTING A PUBLIC HEARING ON THE INTENT TO COMMENCE A PUBLIC IM-
PROVEMENT PROJECT FOR THE SOUTHWEST ARTERIAL PROJECT AND TO
ACQUIRE AGRICULTURAL LAND FOR THE PROJECT AND TO ESTABLISH JUST
COMPENSATION VALUATION (FAIR MARKET VALUE) OF NECESSARY RIGHT-
OF-WAY PROPERTY WHICH THE CITY INTENDS TO ACQUIRE OR CONDEMN IF
REQUIRED FOR THE SOUTHWEST ARTERIAL PROJECT
Whereas, Iowa Code § 6B.2A requires an acquiring agency to provide written notice
of a public hearing to each owner of record of agricultural land that may be the subject
of condemnation; and
Whereas, the City Council finds that it may be necessary to acquire or condemn in
whole or in part the following -described property for the Southwest Arterial Project:
Parcel 104. Lot 1 of Lot 1 of the N % of the NE 1/4 of Section 6, Town-
ship 88 North, Range 2 East of the 5th P.M., according to the United
States Government Survey and the recorded plats thereof subject to
highway and easements of record.
Parcel 105. Lot 2 of the N % of the NE 1/4 of Section 6, Township 88
North, Range 2 East of the 5th P.M., according to the United States Gov-
ernment Survey and the recorded plats thereof subject to highway and
easements of record.
Parcel 114. A parcel of land situated in part of the W % of the SW 1/4,
Lot 1 and Lot 2 and Lot 3 of Siegert's Place Fifth Addition, Lot 2 and Lot 3
of Siegert's Second Place, and Lot 2 of Lot 1 of Lot 1 of the E % of the NW
1/4, all in Section 32, Township 89 North, Range 2 East of the 5th P.M., be-
ing partly in the City of Dubuque, Iowa, except portions of the above de-
scribed real estate conveyed to the State of Iowa, according to the United
States Government Survey and the recorded plats thereof, subject to
highway and easements of record; and
Whereas, the owner of the Parcel 104 is Kluck Partnership; and
Whereas, the owner of the Parcel 105 is Thomas and David Kluck; and
Whereas, the owner of the Parcel 114 is William & Janet Siegert; and
Whereas, a public hearing should be set on the City's intent to commence a public
improvement project for the Southwest Arterial Project and to acquire or condemn, if
necessary, Parcels 104, 105 and 114; and
Whereas, notice of the public hearing should be published and mailed as required by
law to the owners of Parcels 104, 105 and 114.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
The City Clerk is hereby authorized and directed to cause a notice in the form attached
hereto to be mailed to each of the owners and published as prescribed by Iowa Code §
6B.2A of a public hearing on the City's intent to commence a public improvement project
14
for the Southwest Arterial Project and to acquire or condemn in whole or in part, if nec-
essary, Parcels 104, 105 and 114, to be held on the 19th day of January, 2016, at 6:30
o'clock p.m. in the Historic Federal Building Council Chambers (second floor), 350 West
6th Street, Dubuque, Iowa.
Passed, approved and adopted this 21st day of December, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Application Review
Applicants were invited to address the City Council regarding their desire to serve on
the following Boards/Commissions. Applicant appointments will be made at the next
City Council meeting.
1. Electrical Code Board: One, 3 -year term through May 21, 2017 (Vacant Electrical
background term of Reiss). Applicant: Zach Dowell, 2055 Winne Ct. Mr. Dowell spoke in
support of his appointment.
Appointments were made to the following Boards/Commissions
2. Mechanical Board: One, 3 -year term through Marchl6, 2016 (Vacant term of
Kelly). Applicant: Dan Hillary, 3087 Arbor Oaks. Motion by Jones to appoint Dan Hillary
to a 3 -year term through March 16, 2016. Seconded by Connors. Motion carried 7-0.
3. Mediacom Charitable Foundation: Two, 1 -year terms through December 31, 2016
(Expired terms of Chavenelle and Twining). Motion by Braig to appoint Gale Chavenelle
and Connie Twining to 1 -year terms through December 31, 2016. Seconded by Res-
nick. Motion carried 7-0.
4. Transit Advisory Board: One, 3 -year term through July 30, 2017 (Vacant term of
Stedman). Applicants: Joel Lightcap, 1985 Alta Vista St.; and Dora Serna, 2160 Marion
St. Upon roll call vote of 7-0, Dora Serna was appointed to a 3 -year term through July
30, 2017.
5. Zoning Board of Adjustment: One, 5 -year term through March 25, 2020 (Expired
term of Bird). Applicants: Keith Ahlvin, 264 S. Grandview; and Eugene Bird, 3985 Mount
Vail Ridge. Upon roll call vote of 7-0, Keith Ahlvin was appointed to a 5 -year term
through March 25, 2020.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council on the following items.
1. Historic Millwork District PUD Amendment - Northwest Corner of Elm and 11th
Streets: Proof of publication on notice of public hearing to consider a request from JD &
C, LLC to amend the Historic Millwork District Planned Unit Development for property
15
located at the northwest corner of Elm & 11th Streets to accommodate an off-street
parking lot and the Zoning Advisory Commission recommending approval. Motion by
Lynch to receive and file the documents and that the requirement that a proposed ordi-
nance 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. Janice Roe-
rig-Blong of JD&C spoke in support of the request. Planning Services Manager Laura
Carstens provided a staff report. Motion carried 7-0.
Motion by Lynch for final consideration and passage of Ordinance No. 75-15 Amend-
ing Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances
by rescinding Ordinances 02-12, 38-13, and 10-15 which established regulations for a
PUD Planned Unit Development District with a Planned Commercial Designation for the
Historic Millwork District PUD and now being amended to allow for the development of a
new parking lot at the northwest corner of 11th and Elm Streets. Seconded by Connors.
Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 75-15
AMENDING TITLE 16, THE UNIFIED DEVELOPMENT CODE OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY RESCINDING ORDINANCES 02-12, 38-13,
AND 10-15 WHICH ESTABLISHED REGULATIONS FOR A PUD PLANNED UNIT
DEVELOPMENT DISTRICT WITH A PLANNED COMMERCIAL DESIGNATION FOR
THE HISTORIC MILLWORK DISTRICT PUD AND NOW BEING AMENDED TO AL-
LOW FOR THE DEVELOPMENT OF A NEW PARKING LOT AT THE NORTHWEST
CORNER OF 11TH AND ELM STREETS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16, the Unified Development Code of the City of Dubuque Code
of Ordinances is hereby amended by rescinding Ordinance 02-12, 38-13, and 10-15
which established regulations for a Planned Unit Development District with a Planned
Commercial District designation for the Historic Millwork District, and now being amend-
ed to allow for the development of a new parking lot for the following described property,
to wit:
All real property generally located south of 12th Street, east of White Street and west
of Highway 61/151 as highlighted in Exhibit A, and to the centerline of the adjoining
public right-of-way, all in the City of Dubuque, Iowa.
A. Use Regulations.
The following regulations shall apply to all uses made of land in the above-
described PC Planned Commercial District:
Principal permitted uses: The following uses are permitted in the Historic Millwork
District PUD:
1. Places of religious exercise or assembly.
2. Public, private or parochial school approved by State of Iowa (K-12).
3. Public or private park, golf course, or similar natural recreation area.
4. Railroad and public or quasi -public utility, including substation.
5. Residential use.
16
6. Housing for the elderly and persons with disabilities (not identified with (5)
above).
7. Noncommercial art gallery.
8. Museum or library.
9. School of private instruction.
10. Private club.
11. General office.
12. Medical office or clinic.
13. Dental or medical lab.
14. Barber or beauty shop.
15. Hotel.
16. Shoe repair.
17. Laundry or drycleaner.
18. Bakery (wholesale or commercial).
19. Retail sales or service.
20. Indoor restaurant.
21. Bar or tavern.
22. Supermarket.
23. Tailoring or alterations.
24. Furniture or home furnishing.
25. Appliance sales or service.
26. Animal hospital or clinic.
27. Laundromat.
28. Furniture upholstery or repair.
29. Artist studio.
30. Photographic studio.
31. Neighborhood shopping center.
32. Business services.
33. Department store.
34. Auditorium or assembly hall.
35. Indoor theater.
36. Bank, savings and loan, or credit union.
37. Indoor amusement center.
38. Vending or game machine sales and service.
39. Indoor recreation facility.
40. Mail order house.
41. Printing or publishing.
42. Parking structure.
43. Vocational school.
44. Business or secretarial school.
45. Passenger transfer facility.
46. Warehousing and storage facility.
47. Artisan production shop.
Accessory Uses: The following accessory uses are permitted in the Historic Millwork
District PUD:
1. Any use customarily incidental and subordinate to the principal use it serves.
17
2. Boiler system in use as part of an industrial business or use.
3. Outdoor seating as part of an indoor restaurant, bar or tavern.
Conditional Uses: The following conditional uses are permitted in the Historic Mill-
work District PUD, subject to the provisions of Article 8 of the Unified Development
Code that establishes requirements for application to the Zoning Board of Adjustment
for a conditional use permit, and any other specific conditions listed below for a con-
ditional use.
1. Drive-in or carry-out restaurant.
2. Drive-up automated bank teller.
3. Vehicle rental.
4. Construction supplies sales and service.
5. Contractor shop or yard.
6. Wholesale sale/distributor.
7. Agricultural supply sales.
8. Lumberyard or building materials.
9. Laboratory for research, development or engineering, provided that such use
complies with all local, state, and federal regulations governing hazardous sub-
stances, hazardous conditions, hazardous wastes, and hazardous materials.
10. Freight transfer facility.
11. Moving or storage facility.
12. Millworking.
13. Manufacture, assembly, repair or storage of electrical or electronic products,
components or equipment.
14. Manufacture or assembly of musical instruments; toys; watches or clocks;
medical, dental, optical or similar scientific instruments; orthopedic or medical
appliances; signs or billboards.
15. Manufacturing, compounding, assembly or treatment of articles or products
from the following substances: clothing or textiles; rubber, precious or semipre-
cious stones or metals; wood; plastics; paper; leather; fiber; glass; hair; wax;
metal; concrete; feathers; fur; cork; and celluloid or cellulose products.
16. District energy system.
17. Private energy generation facility.
18. Exterior storage.
19. Licensed child care centers, provided that:
a. Such facility shall supply loading and unloading spaces so as not to obstruct
public streets or create traffic or safety hazards;
b. All licenses have been issued or have been applied for and are awaiting the
outcome of the state's decision; and
c. Such use shall not be located within the same structure as any gas station,
bar/tavern, automated gas station or any facility selling, servicing, repairing,
or renting vehicles.
d. The conditional use applicant certifies that the premises on which the li-
censed child care center will be located complies with, and will for so long as
the licensed child care center is so located, continue to comply with all local,
state and federal regulations governing hazardous substances, hazardous
conditions, hazardous wastes, and hazardous materials.
18
e. If the applicant is subject to the requirements of Section 302 of the Superfund
Amendments and Reauthorization Act of 1986, as amended, 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 sub-
stances, and the physical and health hazards presented by such substances.
f. Applicant shall submit an evacuation plan for approval by the City, both writ-
ten and drawn, that details where the children will go in the event of a haz-
ardous materials incident. The plan shall include a "house in place" scenario
in which the children can be kept safely within a room of the building that has
no penetration to the outside (windows, doors, etc.).
g. Applicant shall submit plans for approval by the City that indicate the installa-
tion of a main emergency shut-off switch for the heating, ventilation, and air
conditioning (HVAC) system to minimize the infiltration risk of airborne haz-
ardous materials.
B. Lot and Bulk Regulations.
The following bulk regulations shall apply in the Historic Millwork District PUD, sub-
ject to the provisions of the Unified Development Code.
1. Setbacks:
a) Front yard = 0 feet
b) Side yard = 0 feet
c) Rear yard = 0 feet
2. Building Height = no maximum.
3. New Construction Transition. New construction on the blocks between 12th Street
and 11th Street should transition in scale from the Washington Neighborhood to
the District PUD.
C. Sign Regulations.
1. The number, size and location of signs in the Historic Millwork District PUD shall
be regulated in accordance with Exhibit C and all other applicable regulations of
Article 15 of the Unified Development Code.
2. A comprehensive sign plan is required as part of the sign permit submittal for all
multi -tenant buildings.
3. Free-standing signs in the District PUD shall be monument -style signs.
4. The design of signage shall comply with the Downtown Design Guidelines for
signs. Waiver requests from these guidelines shall be reviewed by the Historic
Preservation Commission in accordance with the provisions of Article 10 of the
Unified Development Code.
5. Variance requests from sign requirements established in Article 15 of the Unified
Development Code shall be reviewed by the Zoning Board of Adjustment in ac-
cordance with provisions of Article 8 of the Unified Development Code.
Off -premise signs are prohibited in the Historic Millwork District PUD.
D. Performance Standards.
Creation of a viable, equitable, and livable mixed-use neighborhood in the Historic
Millwork District PUD that includes residential, retail, office, commercial, and industrial
19
uses requires both strategy and flexibility for its sustainability. The development and
maintenance of uses in the Historic Millwork District PUD conceptually should follow the
goals, objectives, and recommendations of the Historic Millwork District Master Plan,
incorporated herein by reference and on file in the Planning Services Department. The
development and maintenance of uses in the Historic Millwork District PUD shall be
regulated as follows:
1. Conceptual Development Plan
a. Referenced herein as Section 5. Development Summary of the Historic Millwork
District Master Plan, and shown on Exhibit B, on file in the Planning Services
Department, and made a part of this zoning reclassification by reference as the
Conceptual Development Plan for the Historic Millwork District PUD.
b. It is recognized that minor shifts or modifications to the general plan layout may
be necessary and compatible with the need to acquire workable street patterns,
grades and usable building sites.
c. The Land Use / Development Patterns depicted in the Historic Millwork District
Master Plan for ground floor uses reflect a predominance of residential uses;
however, for District sustainability, these ground floor uses shall be character-
ized by a flexible designation for the Historic Millwork District PUD Conceptual
Development Plan as shown in Exhibit B.
d. That the Historic Millwork District PUD Conceptual Development Plan as shown
in Exhibit B is hereby amended to allow for a surface parking lot at the north-
west corner of Elm and 11th Streets.
2. Parking Regulations
Off-street parking is not required as part of the Historic Millwork District PUD. Off-
street parking spaces may be provided in a building as an accessory use, subject to
review and approval under Building, Fire, and other applicable City Codes. If a prop-
erty owner chooses to provide surface off-street parking within the District PUD, the
City Council must first approve the request and the following regulations shall apply:
a. Parking lot design shall comply with the Downtown Design Guidelines for sur-
face parking lots.
b. All vehicle-related features shall be surfaced with standard or permeable as-
phalt, concrete, or pavers.
c. Curbing and proper surface drainage of storm water shall be provided.
d. All parking and loading spaces shall be delineated on the surfacing material by
painted stripes or other permanent means.
e. The size and design of parking spaces shall be governed by applicable provi-
sions of the Unified Development Code enforced at the time of development of
the lot.
f. 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.
3. Parking Structures. Parking structures (ramps) are allowed in the Historic Millwork
District PUD subject to City Council review and the following standards:
a. Parking structures shall comply with the Downtown Design Guidelines for park-
ing facilities.
20
b. The size and design of parking spaces shall be governed by applicable provi-
sions of the Unified Development Code enforced at the time of development.
c. The number, size, design, and location of parking spaces designated for per-
sons with disabilities shall be according to the local, state or federal require-
ments in effect at the time of development.
4.Site Lighting
a. Exterior illumination of site features shall be limited to the illumination of the fol-
lowing:
i. Parking areas, driveways and loading facilities.
ii. Pedestrian walkway surfaces and entrances to building.
iii. Building exterior.
b. Location and Design
i. All exterior lighting luminaries shall be designed and installed to shield light
from the luminaries at angles above 72-degrees from vertical.
ii. Fixtures mounted on a building shall not be positioned higher than the roof-
line of the building.
iii. All electrical service lines to posts and fixtures shall be underground and
concealed inside the posts.
iv. The design of exterior lighting luminaries shall comply with the Downtown
Design Guidelines for signs. Waiver requests from these guidelines shall be
reviewed by the Historic Preservation Commission in accordance with the
provisions of Article 10 of the Unified Development Code.
5. Open Space
It is the intent of these regulations that the development of open spaces (if provided)
shall reflect a high quality of environmental design. The following provisions shall apply.
i. Open space plans are required as part of submittals for site plan review. Such
plans are to include type, number and size of proposed plantings, paving and
other open space amenities. Open space areas shall be designed in compli-
ance with Downtown Design Guidelines and the Historic Millwork District
Master Plan.
ii. Within one (1) year following completion of construction, or by the date that a
building is issued an occupancy certificate by the Building Services Depart-
ment of the City of Dubuque, whichever occurs first, required open space
amenities shall be installed.
6. Stormwater Management
The developer shall be responsible for providing stormwater management in a means
that is satisfactory to the City Engineer and consistent with the Historic Millwork District
Master Plan. Sustainable, low impact development techniques for stormwater manage-
ment approved by the City Engineer will be used where feasible. Other applicable regu-
lations also enforced by the City Engineer relative to stormwater management and
drainage shall apply to the subject property.
7. Exterior Trash Collection Areas
a. The storage of trash and debris shall be limited to that produced by the principal
permitted use and accessory uses of the lot.
b. All exterior trash collection areas and the materials contained therein shall be
visually screened from view. The screening shall be completely opaque fence,
21
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. All exterior entrances to a
screened trash area shall be provided with a gate or door of similar design to
that of the screen.
c. Exterior trash collection areas shall comply with the Downtown Design Guide-
lines for service areas.
8. Exterior Storage
a. Exterior storage is allowed in the Historic Millwork PUD District. Exterior storage
areas shall comply with the Downtown Design Guidelines for service areas.
b. The use of semi-trailers and/or shipping containers for storage is prohibited.
9. Final site development plans shall be submitted in accordance with provisions of
Article 12 and Article 13 of the Unified Development Code prior to construction or
expansion of any buildings, free-standing signs, or parking facilities. The Down-
town Design Guidelines shall apply to site development in the District PUD, and
shall take precedence over the Design Standards for Big Box Retail Uses (over
100,000 square feet) and the Design Standards for Retail Commercial Uses (over
60,000 square feet) and Regional Shopping Centers in Article 13 of the Unified
Development Code.
10. Retail uses should be clustered around each other and adjacent to public spaces,
such as at the intersection of 10th and Washington Streets, in the Farley & Loe-
tscher and Kirby Buildings along 7th Street, and in a highly visible commercial cor-
ridor at the east edge of the District along Elm Street.
11. Land uses should transition from industrial on the south to residential on the
north, with new commercial or mixed use buildings along the new block to be cre-
ated by realigning Elm Street in accordance with the Historic Millwork District Mas-
ter Plan.
E. Other Codes and Regulations
1. Service Lines. All electric, telephone, cable, or other similar utility lines serving the
building and other site features shall be located underground, where feasible.
2. These regulations do not relieve the owner from other applicable city, county, state
or federal codes, regulations, laws and other controls relative to the planning, con-
struction, operation and management of property within the city of Dubuque.
F. Transfer of Ownership
Transfer of ownership or lease of property in the Historic Millwork District PUD shall
include in the transfer or lease agreement a provision that the purchaser or lessee
acknowledges awareness of the conditions authorizing the establishment of the District
PUD.
G. Recording
A copy of this PUD Ordinance shall be recorded, at the expense of the City of Dubu-
que, with the Dubuque County Recorder as a permanent record of the conditions ac-
cepted as part of this reclassification approval. This ordinance shall be binding upon the
undersigned and his/her heirs, successors and assigns.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
22
Section 3. The foregoing amendment shall take effect upon publication, as provided
by law.
Passed, approved and adopted this 21st day of December, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 25th day of December,
2015.
/s/Kevin S. Firnstahl, City Clerk
2. Request to Rezone - 2222 Queen Street (former Sacred Heart School): Proof of
publication on notice of public hearing to consider a request by Cohen -Esrey Affordable
Partners to rezone property located at 2222 Queen Street from R -2A Alternate Two -
Family Residential District to OR Office Residential District and the Zoning Advisory
Commission recommending approval. Motion by Connors to receive and file the docu-
ments 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. Brian Sweeney of Cohen Esrey spoke in support of
the request and responded to questions from the City Council. Planning Services Man-
ager Laura Carstens provided a staff report. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 76-15
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, by reclassifying hereinafter described property located at 2222 Queen Street
from R -2A Alternate Two -Family Residential District to OR Office Residential District.
Seconded by Braig. Motion carried 7-0.
OFFICIAL PUBLICATIOL
ORDINANCE NO. 76-15
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 2222 QUEEN STREET FROM R -2A ALTERNATE TWO-
FAMILY RESIDENTIAL DISTRICT TO OR OFFICE RESIDENTIAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel-
opment Code, is hereby amended by reclassifying the hereinafter—described property
from R -2A Alternate Two -Family Residential District to OR Office Residential District, to
wit:
Lot 31-34 Inclusive of Sanford's Subdivision, and to the centerline of the adjoining
public right-of-way, all in the City of Dubuque, Iowa.
Section 2. That the foregoing amendment has heretofore been reviewed by the Zon-
ing Advisory Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect immediately upon publication as provided
by law.
23
Passed, approved and adopted this 21 st day of December, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 25th day of December,
2015.
/s/Kevin S. Firnstahl, City Clerk
3. General Obligation Bonds Series 2016BC - Essential Corporate Purpose: Proof of
publication on notice of public hearing to approve the suggested proceedings for the
public hearing on the issuance of General Obligation Bonds Series 2016BC and the City
Manager recommending approval. Motion by Jones to receive and file the documents
and adopt Resolution No. 438-15 Instituting proceedings to take additional action for the
issuance of not to exceed $15,555,000 General Obligation Bonds. Seconded by Con-
nors. Responding to questions from Council Member Resnick, the City Manager Van
Milligen reviewed the handout included in the agenda that addressed city debt and the
top 10 city projects that utilize debt issuance. Council Member Resnick suggested that
the City Council demonstrate a commitment to debt reduction by considering a policy of
50% debt reduction by 2030 or for possible discussion at a later date. Mayor Buol and
Council Members Connors and Jones stated that the City has a debt repayment stream
and such a stringent policy would not allow flexibility for projects already in progress or
unforeseen catastrophes. Motion carried 7-0.
RESOLUTION NO. 438-15
INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSU-
ANCE OF NOT TO EXCEED $15,555,000 GENERAL OBLIGATION BONDS
Whereas, pursuant to notice published as required by law, the City Council has held
a public meeting and hearing upon the proposal to institute proceedings for the issu-
ance of not to exceed $15,555,000 General Obligation Bonds, for the essential corpo-
rate purposes, in order to provide funds to pay the costs of:
a) the opening, widening, extending, grading, and draining of the right-of-way of
streets, highways, avenues, alleys and public grounds; and
b) the acquisition, construction, reconstruction, extension, improvement, and equip-
ping of works and facilities useful for the collection, treatment, and disposal of
sewage and industrial waste in a sanitary manner and for the collection and dis-
posal of surface waters and streams; and
c) the reconstruction, extension and improvement of an airport owned or operated by
the city; and
d) the acquisition, construction, reconstruction, improvement, repair, and equipping of
waterworks, water mains, and extensions, and real and personal property, useful
for providing potable water to residents of a city; and
e) settlement, adjustment, renewing, or extension of any part or all of the legal in-
debtedness of a city, whether evidenced by bonds, warrants, or judgments, or the
funding or refunding of the same, whether or not such indebtedness was created
for a purpose for which general obligation bonds might have been issued in the
original instance, and has considered the extent of objections received from resi-
24
dents or property owners as to the proposed issuance of Bonds; and following ac-
tion is now considered to be in the best interests of the City and residents thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
That this Council does hereby institute proceedings and take additional action for the
authorization and issuance in the manner required by law of not to exceed $15,555,000
General Obligation Bonds, for the foregoing essential corporate purposes.
This Resolution shall serve as a declaration of official intent under Treasury Regula-
tion 1.150-2 and shall be maintained on file as a public record of such intent. It is rea-
sonably expected that the general fund moneys may be advanced from time to time for
capital expenditures which are to be paid from the proceeds of the above Bonds. The
amounts so advanced shall be reimbursed from the proceeds of the Bonds not later
than eighteen months after the initial payment of the capital expenditures or eighteen
months after the property is placed in service. Such advancements shall not exceed the
amount authorized in this Resolution unless the same are for preliminary expenditures
or unless another declaration of intention is adopted.
Passed and approved this 21st day of December, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. General Obligation Bonds Series 2016ABC - General Corporate Purpose: Proof of
publication on notice of public hearing to consider approval of the suggested proceed-
ings for the public hearing on the issuance on the issuance of not to exceed $505,000 in
Tax -Exempt General Obligation Bonds Series 2016ABC and the City Manager recom-
mending approval. Motion by Braig to receive and file the documents and adopt Resolu-
tion No. 439-15 Instituting the proceedings to take additional action for the issuance of
not to exceed $505,000 General Obligation Bonds. Seconded by Connors. Motion car-
ried 6-1 with Resnick voting nay.
RESOLUTION NO. 439-15
INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSU-
ANCE OF NOT TO EXCEED $505,000 GENERAL OBLIGATION BONDS
Whereas, pursuant to notice published as required by law, the City Council has held
a public meeting and hearing upon the proposal to institute proceedings for the issu-
ance of not to exceed $505,000 General Obligation Bonds, for the general corporate
purposes, in order to provide funds to pay the costs of improvement and equipping of
the Federal Building and Ham House, and has considered the extent of objections re-
ceived from residents or property owners as to the proposed issuance of Bonds; and no
petition was filed calling for a referendum thereon. The following action is now consid-
ered to be in the best interests of the City and residents thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
That this Council does hereby institute proceedings and take additional action for the
authorization and issuance in the manner required by law of not to exceed $505,000
General Obligation Bonds, for the foregoing general corporate purposes.
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This Resolution shall serve as a declaration of official intent under Treasury Regula-
tion 1.150-2 and shall be maintained on file as a public record of such intent. It is rea-
sonably expected that the general fund moneys may be advanced from time to time for
capital expenditures which are to be paid from the proceeds of the above Bonds. The
amounts so advanced shall be reimbursed from the proceeds of the Bonds not later
than eighteen months after the initial payment of the capital expenditures or eighteen
months after the property is placed in service. Such advancements shall not exceed the
amount authorized in this Resolution unless the same are for preliminary expenditures
or unless another declaration of intention is adopted.
Passed and approved this 21st day of December, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
1. Request to Address Council from the Alternative Learning Center Students: Re-
quest from the students of the Alternative Learning Center to address the City Council
regarding what they have learned this semester about Sustainable Dubuque. Motion by
Jones to receive and file the information and listen to the presentation. Seconded by
Braig. Sustainability Coordinator Cori Burbach introduced Tim Hitzler of the Alternative
Learning Center and Global Science students Evelyn Rose-Tolstedt, Wade Murphy
Kissling, Dillon Thill, and Steffon Baldwin who provided the City Council with a handout
and presented facts, pros and cons, and survey results related to glass recycling. A
question and answer period with the City Council followed the presentation. Motion car-
ried 7-0.
2. Name Change Proposal - Multicultural Family Center Building (Tabled from
9/21/15): Correspondence from the Multicultural Family Center Board President John
Stewart supporting the renaming of 1157 Central Avenue to the "Ruby Sutton Building."
City Manager submitting information on potential costs related to the proposed name
change. Motion by Sutton to remove from the table. Seconded by Braig. Motion carried
7-0. Motion by Sutton to receive and file the documents and rename the building at
1157 Central Avenue as the "Ruby Sutton Building." Seconded by Braig. Motion carried
7-0.
3. Human Rights Commission Recommendations on Criminal Justice: Human Rights
Commission submitting its recommendations on criminal justice. Motion by Jones to re-
ceive and file the documents. Seconded by Connors. The City Council specifically dis-
cussed the proposed topic of banning the check box on job applications that indicates
the applicant has had a felony conviction and questioned the City's authority in becom-
ing involved in the hiring practices of private business. Motion carried 6-1 with Lynch
voting nay.
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4. Poison Free Parks Information and Call to Action: City Manager recommending the
formation of a City Work Group to draft an Integrated Pest Management Plan for the city
to be presented to the City Council for approval by July 1, 2015. It is also recommended
that the Park and Recreation Commission as well as the Environmental Stewardship
Advisory Commission appoint one representative each to the work group in addition to a
member of the Dubuque Poison Free Parks group. Restated motion by Connors to re-
ceive and file the documents, approve the recommendation and that the additional ap-
pointment from the Dubuque Poison Free Parks group be a resident of the city. Se-
conded by Braig. Motion carried 7-0.
5. Donation Requests and Bench Agreements for 2 New Benches on Riverwalk: City
Manager transmitting two agreements for approval by the City Council for two new me-
morial benches on the Riverwalk. Motion by Jones to receive and file the documents
and approve the recommendation. Seconded by Lynch. Motion carried 7-0.
6. Bee Branch Creek Restoration Project Property Acquisition - 2496 Washington
Street: City Manager recommending the City Council establish the fair market value of
the property owned by Morrison Brothers on Washington Street between E. 24th Street
and E. 25t Street, authorize the City Manager to begin negotiations to acquire the
property required for the Bee Branch Creek Restoration Project, and approve authoriza-
tion to acquire the property through eminent domain proceedings should negotiations
fail. Motion by Jones to receive and file the documents and adopt Resolution No. 440-
15 Establishing the fair market value and authorizing the acquisition by Eminent Domain
of Certain Real Property owned by Morrison Brothers in the City of Dubuque, Iowa. Se-
conded by Connors. Motion carried 7-0.
RESOLUTION NO. 440-15
ESTABLISHING THE FAIR MARKET VALUE AND AUTHORIZING THE ACQUISI-
TION BY EMINENT DOMAIN OF CERTAIN REAL PROPERTY OWNED BY MORRI-
SON BROTHERS IN THE CITY OF DUBUQUE, IOWA
Whereas, the City of Dubuque (City) intends to acquire certain real property owned
by Morrison Brothers (Owner), at 2496 Washington Street and six lots along the same
block legally described as follows (the Property):
Lots 13, 14, 15, 16, 17, N. YZ 18 and 20 of O. S. Langworthy's Addition, all in the
City of Dubuque, Dubuque County, Iowa
for the purpose of expanding the limits and function of a City park, Comiskey Park;
and
Whereas, Iowa law requires that City must make a good faith effort to negotiate with
the Owner to purchase the Property before proceeding with condemnation; and
Whereas, City has caused an appraisal of the property to be made and the appraised
value of the property is $98,000.00; and
Whereas, the City Council now desires to establish the fair market value of the prop-
erty.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. The fair market value of the Property is hereby established to be
$98,000.00.
Section 2. The City Manager is hereby authorized to commence negotiations with the
Owner of the Property and any other interested parties for the purchase of the Property
for a purchase price which is not less than the fair market value established by this
resolution.
Section 3. The City Manager is hereby authorized to commence proceedings for the
acquisition of the Property by eminent domain should negotiations fail.
Passed, approved and adopted this 21 st day of December, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
7. J. Thomas Zaber vs. City of Dubuque - Franchise Fees Litigation: City Manager
recommending that the Mayor and City Council designate any remaining funds following
distribution from the Settlement Fund from J. Thomas Zaber vs. City of Dubuque fran-
chise fee litigation be used to reduce the principal of the Judgment Bond. Motion by
Jones to receive and file the documents and adopt Resolution No. 441-15 Providing that
any unclaimed funds in the escrow account from the Franchise Fee Class Action Set-
tlement in Zaber V. City of Dubuque be used for payment of the Judgment Bond. Se-
conded by Braig. Motion carried 7-0.
RESOLUTION NO. 441-15
PROVIDING THAT ANY UNCLAIMED FUNDS IN THE ESCROW ACCOUNT FROM
THE FRANCHISE FEE CLASS ACTION SETTLEMENT IN ZABER V. CITY OF
DUBUQUE BE USED FOR PAYMENT OF THE JUDGMENT BOND
Whereas, the City of Dubuque, Iowa and J. Thomas Zaber entered into a Settlement
Agreement on behalf of the class of all persons who were gas and electric customers
who paid franchise fees to Interstate Power Company (Alliant Energy Company), Peo-
ples Natural Gas (Aquila, Black Hills Corporation) and Maquoketa Valley Electric Coop-
erative for the period between September 5, 2001 and May 25, 2009; and
Whereas, the Settlement Agreement was approved by the Iowa District Court for
Dubuque County on August 28, 2015; and
Whereas, the Settlement Agreement requires the City to cause to be paid into an Es-
crow Account as the Settlement Fund the sum of $2,600,000 for distribution of refunds
of franchise fees to gas and electric customers; and
Whereas in order to fund the Settlement Fund the City will issue a judgment bond;
and
Whereas, in the event that there are funds remaining in the Settlement Fund after all
distributions and all other costs required to be paid out of the Settlement Fund and such
funds are ordered returned to the City by the Court, the City Council desires to state its
intent with respect to such funds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby declares that in the event there are funds remain-
ing in the Settlement Fund after all distributions and all other costs required to be paid
out of the Settlement Fund and such funds are ordered returned to the City by the
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Court, the City Council will use all such funds to reduce the principal of the judgment
bond issued to fund the Settlement Fund.
Passed, approved and adopted this 21 st day of December, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Wisconsin Independent Network, LLC (WIN) Co -location and Shared Services
Agreement: City Manager recommending approval of a Co -Location and Shared Ser-
vices Agreement between the City of Dubuque and Wisconsin Independent Network,
LLC. Motion by Lynch to receive and file the documents and approve the recommenda-
tion. Seconded by Connors. Motion carried 7-0.
9. Request for Work Session - Dubuque Area Convention and Visitors Bureau: City
Manager requesting approval to schedule a work session on February 15, 2016, at 5:15
p.m. with the Dubuque Area Convention and Visitors Bureau. Motion by Jones to re-
ceive and file the documents and schedule the work session as recommended. Se-
conded by Connors. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Members Braig and Sutton thanked the citizens of the City of Dubuque, City
staff and fellow Council Members for their support through the years as they come to
the end of their elected terms.
Mayor Buol reported on the 2015 COP21 climate conference in Paris, France, during
the week of December 7, 2015 where he presented on Dubuque's Water & Resource
Recovery Center, Historic Millwork District and the Bee Branch Creek Restoration Pro-
ject.
There being no further business, upon motion the City Council adjourned at 8:20 p.m.
/s/Kevin S. Firnstahl, CMC City Clerk
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