7 16 18 City Council Proceedings Official_Regilar1
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:00 p.m. on July 16, 2018 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Del Toro, Jones, Larson, Resnick, Shaw; City
Manager Van Milligen, City Attorney Brumwell
Absent: Council Member Rios
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 prop erly come before the City
Council.
PLEDGE OF ALLEGIANCE
PRESENTATION
1. Iowa Department of Transportation Transit Manager of the Year Award : City Man-
ager Van Milligen recognized Transportation Services Manager Candace Eudaley-Loe-
bach with the “Transit Manager of the Year” from the Iowa Public Transit Association and
the Iowa DOT.
PROCLAMATION(S)
1. Abraham Lincoln Day (July 17, 2018) was accepted by John Pregler, 1525 Pego
Court.
2. Dubuque County Fair Week (July 24-29, 2018) was accepted by Kevin Kotz, Gen-
eral Manager for the Dubuque County Fair Grounds.
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Jones. Council Member Shaw requested #14 be held
for separate discussion. Council Member Del Toro requested that #18 be held for sepa-
rate discussion Motion carried 6-0
1. Minutes and Reports Submitted: Cable TV Commission of 7/11; City Council Pro-
ceedings of 7/2, 7/9; Five Flags Civic Center Commission of 6/25, Housing Commission
of 6/26; Library Board of Trustees Council Update #172 or 6/28/18; Zoning Advisory Com-
mission of 7/5; Zoning Board of Adjustment of 6/28; Proof of Publication for City Council
Proceedings of 6/18, 6/25. Upon motion the documents were received and filed.
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2. Notice of Claims and Suits: Kimberly Erickson for vehicle damage, Robert Johnsen
for vehicle damage, Anthony King for vehicle damage, Justin Mills for vehicle damage,
Jane Marie Walsh for property damage. 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: Kimberly Erickson for vehicle damage, Robert Johnsen for vehicle damage,
Anthony King for vehicle damage, Justin Mills for vehicle damage, Jane Marie Walsh for
vehicle damage. Upon motion the documents were received, filed, and concurred.
4. Approval of City Expenditures: City Manager recommending Council approval for
payment of City expenditures. Upon motion the documents were received, filed and ap-
proved.
5. Rock Farm Holdings, Inc. Contract Amendment with Iowa Economic Development
Authority (IEDA): City Manager recommending approval of an amendment to a Contract
among the Iowa Economic Development Authority, Rockfarm Holdings, Inc. and the City
of Dubuque for financial benefits for Rockfarm Holdings, Inc. Upon motion the documents
were received and filed, and Resolution No. 204-18 Approving an Amendment to the
Economic Development Financial Assistance Contract by and among Rockfarm Hold-
ings, Inc., the City of Dubuque, and the Iowa Economic Development Authority was
adopted.
RESOLUTION NO. 204-18
APPROVING AN AMENDMENT TO THE ECONOMIC DEVELOPMENT FINANCIAL
ASSISTANCE CONTRACT BY AND AMONG ROCKFARM HOLDINGS, INC., THE
CITY OF DUBUQUE, AND THE IOWA ECONOMIC DEVELOPMENT AUTHORITY
Whereas, Rockfarm Holdings, Inc. (Rockfarm) and the City of Dubuque (City) entered
into an Economic Development Financial Assistance Contract (the Contract) with the
Iowa Economic Development Authority (IEDA) for the location and expansion of Rock-
farm’s operations in Dubuque, Iowa; and
Whereas, Rockfarm has requested an extension of the Project Completion Date in the
Contract from February 28, 2018 to February 28, 2019; and
Whereas, the IEDA Board approved the requested extension; and
Whereas, the parties now desire to amend the Contract as set forth in the attached
Contract Amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Contract Amendment is hereby approved.
Section 2. The Mayor is hereby authorized and directed to execute and the City Man-
ager is hereby directed to submit the Contract Amendment to the Iowa Economic Devel-
opment Authority together with such other documents as may be required.
Passed, approved, and adopted this 16th day of July, 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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6. Continuum of Care (CoC) Special Needs Assistance Program (SNAP): City Man-
ager recommending authorization of a one -year renewal application to the U.S. Depart-
ment of Housing & Urban Development (HUD) for the administration of the Continuum of
Care Special Needs Assistance Program, which provides rental assistance to homeless
persons with disabilities. Upon motion the documents were received and filed, and Res-
olution No. 205-18 Authorizing the Mayor to execute an application for the Continuum of
Care Grant and Authorizing the Director of Housing and Community Development and
the City Manager to approve the application was adopted.
RESOLUTION NO. 205-18
AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR THE CONTIN-
UUM OF CARE GRANT AND AUTHORIZING THE DIRECTOR OF HOUSING AND
COMMUNITY DEVELOPMENT AND THE CITY MANAGER TO APPROVE THE APPLI-
CATION
Whereas, the U.S. Department of Housing and Urban Development has published the
availability of the Continuum of Care grant for the Collaborative Applicants including the
Iowa Balance of the Continuum of Care; and
Whereas, the U.S. Department of Housing and Urban Development will publish the
availability of the Continuum of Care grant for the Project Applicants including the City of
Dubuque Phoenix Housing Project; and
Whereas, the City of Dubuque has administered the Continuum of Care grant since
2007; and
Whereas, the City of Dubuque proposes to continue administering the Continuum of
Care grant to assist homeless, disabled persons with permanent supportive housing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE IOWA:
Section 1: That the Mayor is hereby authorized and directed to submit an application
to HUD for the Continuum of Care program grant.
Section 2: That the Director of Housing and Community Development and the City
Manager are hereby authorized to approve the application that is submitted to HUD.
Section 3: That the City Manager is hereby authorized and directed to forward said
application and resulting standard executed contract to the respec tive agency in a timely
fashion and as required by U. S. Department of Housing and Urban Development.
Passed, approved and adopted this 16th day of July, 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
7. Contracted Service Agreement with America's River Corporation for Fiscal Year
2019: City Manager recommending execution of the Fiscal Year 2019 Contracted Service
Agreement with America’s River Corporation. Upon motion the documents were received,
filed and approved.
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8. Creek Wood Park - Timber-Hyrst Estates Covenant Variance: City Manager trans-
mitting a covenant variance for the second lot received from North Cascade Developers,
LLC for Creek Wood Park in Timber-Hyrst Estates. Upon motion the documents were
received and filed.
9. Washington Park Gazebo Painting Project Award: City Manager recommending that
the award for the Washington Park Gazebo Painting Project to Colonial Painting and Dec-
orating be officially recorded in the minutes of the City Council. Upon motion the docu-
ments were received, filed and made a Matter of Record.
10. Final Plat for Jule Place: Zoning Advisory Commission recommending approval of
the Final Plat for Jule Place. Upon motion the documents were received and filed, and
Resolution No. 206-18 Approving the Final Plat of Jule Place in the City of Dubuque, Iowa
was adopted.
RESOLUTION NO. 206-18
APPROVING THE FINAL PLAT OF JULE PLACE, IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk the Final Plat of Jule Plac e, in the
City of Dubuque, Iowa; and
Whereas, said Final Plat has been examined by the Zoning Advisory Commission and
had its approval endorsed thereon; and
Whereas, said Final Plat has been examined by the City Council and they find that it
conforms to the statutes and ordinances relating to it.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Final Plat of Jule Place 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 final plat.
Passed, approved and adopted this 16th day of July, 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
11. Pre-Annexation Agreement - Donald and Carol March: City Manager recommend-
ing approval of a Pre-Annexation Agreement with Donald J. and Carol S. March, for prop-
erty located at 14483 North Cascade Road, in conjunction with their request to connect
to City water. Upon motion the documents were received and filed, and Resolution No.
207-18 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and
Donald J. and Carol S. March was adopted.
RESOLUTION NO. 207-18
APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND DONALD J. AND CAROL S. MARCH
Whereas, Donald J. and Carol S. March, 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:
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Lot 1 in Woodland Estates in Section 7, Township 88 North, Range 2 East of the
5th P.M., according to the United States Government Survey and the recorded plats
thereof, subject to highways and easements of record; and
Whereas, Donald J. and Carol S. March have entered into a Pre-annexation Agree-
ment 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
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre-annexation Agreement by and between Donald J. and Carol S.
March and the City of Dubuque is hereby approved.
Passed, approved and adopted this 16th day of July, 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. Fiscal Year 2019 Workers Compensation Excess Insurance Renewal: City Man-
ager recommending approval of the workers compensation excess insurance renewal
rate submitted by Safety National, our current carrier, effective July 1, 2018 through June
30, 2019. Upon motion the documents were received, filed and approved.
13. Public, Educational, and Government (PEG) Capita l 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 to purchase equipment for the Dubuque Regional Airport and the Cable TV
Control Room in the City Hall Annex. Upon motion the documents were received, filed
and approved.
14. Monthly Rental Assistance Payment Approval: City Manager recommending ap-
proval of the Consolidated Annual Contributions Con tract and approval of all monthly
rental assistance payments to participating landlords not to exceed the agreement thresh-
old for spending. Motion by Shaw to receive and file and adopt Resolution No. 208-18
Approval of certain Housing Department Construction Contracts to allow for timely pay-
ment to vendors. Seconded by Resnick. Council Member Shaw expressed his opposition
to the State Auditor’s demands on municipal expenditures and agreed with the City Man-
ager’s process to expedite payments. Motion carried 6-0.
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RESOLUTION NO. 208-18
APPROVAL OF CERTAIN HOUSING DEPARTMENT CONSTRUCTION CONTRACTS
TO ALLOW FOR THE TIMELY PAYMENT TO VENDORS
Whereas, the City of Dubuque Housing and Community Development Department has
several construction contracts that are approved by the City Manager or his Designee to
help meet grant required timelines; and
Whereas, the City Council recently adopted Resolution No. 142-18 related to payment
of claims requiring preapproval for certain payments; and
Whereas, delayed payment to contractors is a hardship for landlords paid under the
Consolidated Annual Contributions Contract with Housing & Urban Development; and
Whereas, the City Council believes it is in the best interests of the City of Dubuque to
approve this contract allowing for periodic payments in accordance with the terms of the
Consolidated Annual Contributions contract.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
1. The Consolidated Annual Contributions contract attached hereto is approved.
2. The City Manager or the City Manger’s Designee is hereby authorized and directed
to execute such construction contracts on behalf of the City of Dubuque, Iowa and make
periodic payments according to the terms of the contract.
Passed, approved and adopted this 16th day of July, 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
15. Grant Application for Lead and Healthy Homes Submission : City Manager recom-
mending approval of an application to the U.S. Department of Housing and Urban Devel-
opment (HUD) for continuation of the Lead-Based Paint Hazard Reduction Program.
Upon motion the documents were received and filed, and Resolution No. 209-18 Author-
izing the Mayor to execute and application for HUD Lead Paint Hazard Contro l and
Healthy Homes Program Grant was adopted.
RESOLUTION NO. 209-19
AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR A HUD LEAD
PAINT HAZARD CONTROL AND HEALTHY HOMES PROGRAM GRANT
Whereas, the City of Dubuque has operated a local childhood lead poiso ning preven-
tion program since 1994; and
Whereas, the City initially received a HUD Lead Hazard Control Program Grant in
1997, and had administered a program from 1997-2014 and November 2015 to present;
and
Whereas, the U.S. Department of Housing and Urban Development has made availa-
ble additional funds for the Lead-Based Paint Hazard Control Program, including for lead-
based paint hazard control, lead hazard awareness, training, community outreach, envi-
ronmental assessments and treatment; and
Whereas, the City of Dubuque proposes a Lead Paint Hazard Control Program
throughout the entire City of Dubuque with a focus on historically significant properties in
Census Tracts 1, 2, 5, 6, 7.01 and 7.02.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1: That the Mayor is hereby authorized and directed to execute an application
to the U.S. Department of Housing and Urban Development for a Lead Based -Paint Haz-
ard Control Grant in the amount up to $4,100,000.
Section 2: Funds from the Community Development Block Grant Program in the
amount of $200,000 will be committed in fiscal years 2019 -2022 as required match.
Section 3: That the City Manager is hereby authorized and directed to forward said
application and resulting standard executed contract to the respective agencies in a timely
fashion and as required by the U. S. Department of Housing and Urban Development.
Passed, approved and adopted this 16th day of July, 2018.
Roy D Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
16. Downtown Rehabilitation and Housing Grant Programs: City Manager recommend-
ing approval of six Downtown Rehabilitation and Housing Grant Awards for the 2nd Quar-
ter of 2018. Upon motion the documents were received and filed, and Resolution No. 210-
18 Approving Grant Agreements by and between the City of Dubuque, Iowa and TBill’s
Properties, LLC; Melissa Hammerand; Janice Esser; Westward Capital Management,
LLC; Lakeside Investments, LLC; and Brian Lammers, providing for Downtown Rehabili-
tation Grants for the redevelopment of certain properties in the City of Dubuque was
adopted.
RESOLUTION NO. 210-18
APPROVING GRANT AGREEMENTS BY AND BETWEEN THE CITY OF DUBUQUE,
IOWA AND TBILL’S PROPERTIES, LLC; MELISSA HAMMERAND; JANICE ESSER;
WESTWARD CAPITAL MANAGEMENT, LLC; LAKESIDE INVESTMENTS, LLC; AND
BRIAN LAMMERS, PROVIDING FOR DOWNTOWN REHABILITATION GRANTS FOR
THE REDEVELOPMENT OF CERTAIN PROPERTIES IN THE CITY OF DUBUQUE
Whereas, the City Council, by Resolution No. 44-18, dated February 28, 2018, ap-
proved funding for Downtown Rehabilitation Grants as part of the Five -Year Capital Im-
provement Program for the period beginning July 1, 2018 and ending June 30, 2023; and
Whereas, the aforementioned Capital Improvement Program provides funding for
Downtown Rehabilitation Grants, to be awarded to eligible projects; and
Whereas the attached Grant Agreements by and between the City of Dubuque, Iowa
and Tbill’s Properties, LLC; Melissa Hammerand; Janice Esser; Westward Capital Man-
agement, LLC; Lakeside Investments, LLC; and Brian Lammers, are for projects eligible
for Downtown Rehabilitation Grants for the following properties:
TBill’s Properties, LLC - 1358 Locust Street; Melissa Hammerand - 2237-2241
Washington Street; Janice Esser - 1072 Locust Street; W estward Capital Manage-
ment, LLC - 1176 Iowa Street; Lakeside Investments, LLC - 1902 Central Avenue;
Brian Lammers - 84 Main Street
(the Properties); and
Whereas, it is the determination of the City Council that approval of the Grant Agree-
ments for redevelopment of the above Properties according to the terms and conditions
set out in the Grant Agreements 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 Grant Agreements by and between the City of Dubuque and Tbill’s
Properties, LLC; Melissa Hammerand; Janice Esser; Westward Capital Management,
LLC; Lakeside Investments, LLC; and Brian Lammers, copies of which are attached
hereto, are hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Grant
Agreements on behalf of the City of Dubuque and the City Clerk is authorized and directed
to attest to his signature.
Section 3. That the City Manager is authorized to take such actions as are nece ssary
to comply with the terms of the Grant Agreements as herein approved.
Passed, approved and adopted this 16th day of July, 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
17. National Recreation and Park Association Grant Application for Comiskey Park:
City Manager recommending authorization to apply for a grant from the 2018 Great Urban
Parks Campaign sponsored by the National Recreation and Park Association for imple-
mentation of the Comiskey Park Development Project. Upon motion the documents were
received and filed, and Resolution No. 211-18 Authorizing Grant Application to National
Recreation and Park Association for Comiskey Park Development was adopted.
RESOLUTION NO. 211-18
AUTHORIZING GRANT APPLICATION TO NATIONAL RECREATION AND PARK AS-
SOCIATION FOR COMISKEY PARK DEVELOPMENT
Whereas, the National Recreation and Park Association has allocated $2,000,000 in
funding for the 2018 Great Urban Parks Campaign for improving environmental and social
outcomes in underserved communities by promoting and advancing green infrastructure;
and
Whereas, the City of Dubuque’s 2017 Comprehensive Plan includes recommendations
to conserve natural areas, preserve key environmental features and provide recreational
opportunities for all in park and open space areas.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Leisure Services Manager hereby is authorized to submit the City’s
2018 National Recreation and Park Association application for the Great Urban P arks
Campaign for the Comiskey Park Development Project on behalf of the City of Dubuque.
Section 2. That the City Council hereby provides its written assurance that the com-
pleted project will be adequately maintained for its intended use in accordance wit h state
and federal requirements.
Passed, approved and adopted this 16th day of July, 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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18. City Manager Employment Agreement: City Manager's employment agreement
submitted for Council approval. Motion by Jones to receive and file the documents and
adopt Resolution No. 212-18 Establishing the Compensation of the City Manager. Se-
conded by Larson. Council Member Del Toro expressed his concerns with the automatic,
annual increase in the Manager’s car allowance and could not support it being tied to the
salary increase without exhibiting a need appropriate to the position. Mr. Del Toro also
expressed support for hard caps on salaries. Motion carried 4-2 with Del Toro and Shaw
voting nay.
RESOLUTION NO. 212-18
ESTABLISHING THE COMPENSATION OF THE CITY MANAGER
Whereas, the City Council appoints the City Manager; and
Whereas, the City Council from time to time establishes the compensation of the City
Manager.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The base salary of the City Manager is hereby established, effective the 1 st
day of July, 2018, at $8,654.54, payable bi-weekly.
Section 2. The annual base salary of the City Manager shall be adjusted July 1 st of
each succeeding year, by the same percentage as for all other non -bargaining unit em-
ployees.
Section 3. The City Manager’s deferred compensation contribution by the City of Dubu-
que shall be sixteen percent (16%) of the City Manager’s annual salary, including longev-
ity, on the first payroll of each calendar year for the succeeding year and City agrees to
transfer ownership to succeeding employers upon the City Manager’s resignation or ter-
mination.
Section 4. The City Manager shall be entitled to an automobile allowance, payable bi -
weekly equal to $311.45. The City Manager shall also be entitled to payment for mileage
for out-of-county travel.
Section 5. The automobile allowance of the City Manager shall be adjusted July 1st of
each succeeding year by the same percentage of the increase in base salary in Section
1.
Section 6. Any sections of the 1992 Employment Agreement, as amended, not incon-
sistent with the forgoing are hereby preserved.
Passed, approved and adopted this 16th day of July, 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
19. City Assessor's Office - Notification of Property Tax Appeals: Correspondence from
City Assessor Rick Engelken advising the City of two property tax appeals before the
Iowa Property Assessment Board. Upon motion the documents were received and filed.
20. Proposed Amendment to Master Co-location and Shared Services Agreement with
CS Technologies: City Manager recommending approval of an amendment to the Master
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Co-Location and Shared Services Agreement between the City of Dubuque and CS Tech-
nologies that would provide broadband capacity and support for a new development in
the Historic Millwork District. Upon motion the documents were received, filed and ap-
proved.
21. Improvement Contracts / Performance, Payment and Maintenance Bonds: Colonial
Painting & Decorating for the Washington Park Gazebo Painting Project; Drew Cook &
Sons Excavating Co., Inc. for the John F. Kennedy Rd. Concrete Pane l Replacement
Project and the Dubuque Skate Park; Game Time/Cunningham Recreation for the Creek
Wood Park Playground. Upon motion the documents were received, filed and approved.
22. Signed Contract(s): Agreement with Kim Herrig for cleaning, housekeeping, and/or
janitorial services at City offices at 300 Main Street; Revocable License for River City
Church Signage; Michael Beck for a bench at 1166 Main St.; LPIKON Properties, LLC for
ADA access at 123 Main St. Upon motion the documents were received and filed.
23. Alcohol and Tobacco License Applications: City Manager recommending approval
of annual liquor, beer, wine and tobacco license applications as submitted. Upon motion
the documents were received and filed, and Resolution No. 213-18 Approving applica-
tions for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordi-
nances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B
Liquor, Beer and Wine Licenses and Permits ; and Resolution No. 214-18 Approving ap-
plications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa
Code Chapter 453A.47A were adopted.
RESOLUTION NO. 213-18
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 approved;
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 p ending submission of the locally required
documentation:
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Renewals
1st & Main 101 Main St. Class C Liquor (Outdoor) (Sun-
day)
American Legion Post #6 1306 Delhi St. Class C Liquor (Catering) (Out-
door) (Sunday)
Applebee's Neighborhood
Grill and Bar
1395 Associates Dr. Class C Liquor (Sunday)
Fas Mart # 5159 2175 Central Ave. Class E Liquor, Class B Wine,
Class C Beer (Sunday)
House of China, Co. 170 J.F. Kennedy Rd. Class C Liquor (Sunday)
Hy-Vee Club Room 2395 NW Arterial Special Class C Liquor (Sun-
day)
Keywest Conoco 2150 Twin Valley Dr. Class E Liquor, Class B Wine,
Class C Beer (Sunday)
Knicker's Saloon 2186 Central Ave. Class C Liquor (Living) (Out-
door) (Sunday)
Kwik Stop C-Stores 2335 University Ave. Class E Liquor, Class B Wine,
Class C Beer (Sunday)
Shannon's Bar & Grill 521 E 22nd St. Class C Liquor (Sunday)
The Lift 180 Main St. Class C Liquor (Sunday)
Vinny Vanucchi’s Little Italy 164 Main St. Class C Liquor (Outdoor) (Sun-
day)
Walnut Tap Tavern 709 University Ave. Class C Liquor (Sunday)
New
Oolong Asia Cuisine 145 W. 11th St. Special Class C Liquor, Class
B Native Wine
Catfish Charlie’s 1630 East 16th St. Class E Liquor, Class B Native
Wine (Sunday)
Special Event(s) per Special Event Application Submittal
Dubuque Irish Hooley Alliant Amphitheater Class C Liquor (Outdoor)
Passed, approved, and adopted this 16th day of July, 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 214-18
APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICO-
TINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A
Whereas, applications for Cigarette/Tobacco Sales have been submitted and filed with
the City 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 the applicants have filed the proper fees
and otherwise complied with the requirements of the Code of Ordinances.
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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
following named applicants and locations for cigarette/tobacco sales perm it.
Business Name Business Address
DBA Change from Locust Quick Mart to
Neighborhood Quick Mart
690 W. Locust St.
Passed, approved, and adopted this 16th day of July, 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Jones 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 Resnick. Motion carried 6-0.
1. Asbestos Abatement Project for Former Bowling & Beyond Site : City Manager rec-
ommending initiation of the public bidding procedure for the Bowling & Beyond Site –
Asbestos Abatement Project, and further recommends that a public hearing be set for
August 6, 2018. Upon motion the documents were received and filed, and Resolution No.
215-18 Preliminary approval of plans, specifications, form of contract, and estimated cost;
setting date of public hearing on plans, specifications, fo rm of contract, and estimated
cost; and ordering the advertisement for bids was adopted setting a public hearing for a
meeting to commence at 6:00 p.m. on August 6, 2018 in the Historic Federal Building.
RESOLUTION NO. 215-18
BOWLING & BEYOND SITE – ASBESTOS ABATEMENT PROJECT
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC-
IFICATIONS, 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 Bowling
& Beyond Site – Asbestos Abatement Project in the estimated amount $140,000 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 6th day of August, 2018, at 6:00 p.m. in the Historic
Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa, 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 pla ce 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
13
file objections to the proposed plans, specifications, form of contract, or estimated cost of
the Project.
The Bowling & Beyond Site – Asbestos Abatement Project 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 im-
provements herein provided, by publishing the attached Notice to Bidders to be published
in the Master Builders of Iowa Plan Room, The Construction Update Network and posted
on the City of Dubuque website at www.cityofdubuque.org/bids and which notice shall be
published not less than thirteen but not more than forty-five days before the date for filing
bids before 2:00 p.m. on the 7th day of August, 2018. 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 6:00
p.m. on the 20th day of August, 2018, in the Historic Federal Building Council Chambers
(second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 16th day of July, 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Dimensional Brewery Company Development Agreement: City Manager recom-
mending that the City Council set a public hearing for August 6, 2018 to approve a De-
velopment Agreement with Easy Steve, LLC d/b/a Dimensional Brewing Company for
redevelopment of 67 Main Street, including the proposed issuance of Urban Renewal Tax
Increment Revenue Obligations. Upon motion the documents were received and filed,
and Resolution No. 216-18 Fixing the date for a public hearing of the City Council of the
City of Dubuque, Iowa on the approval of a Development Agreement between the City of
Dubuque and Easy Steve, LLC d/b/a Dimensional Brewing Company, including the pro-
posed issuance of Urban Renewal Tax Increment Revenue Obligations, and providing for
the publication of notice thereof was adopted setting a public hearing for a meeting to
commence at 6:00 p.m. on August 6, 2018 in the Historic Federal Building.
RESOLUTION NO. 216-18
FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA ON THE APPROVAL OF A DEVELOPMENT AGREEMENT BE-
TWEEN THE CITY OF DUBUQUE AND EASY STEVE, LLC DBA DIMENSIONAL
BREWING COMPANY, INCLUDING THE PROPOSED ISSUANCE OF URBAN RE-
NEWAL TAX INCREMENT REVENUE OBLIGATIONS, AND PROVIDING FOR THE
PUBLICATION OF NOTICE THEREOF
Whereas, City of Dubuque, Iowa (City) and Easy Steve, LLC dba Dimensional Brewing
Company have entered into a Development Agreement, subject to the approval of the
City Council, a copy of which is now on file at the Office of the City Clerk, City Hall, 50 W.
13th Street, Dubuque, Iowa; and
Whereas, the City Council has tentatively determined that it would be in the best inter-
ests of the City to approve the Development Agreement with Easy Steve, LLC dba Di-
mensional Brewing Company; and
14
Whereas, it is deemed necessary and advisable that the City Council should authorize
Urban Renewal Tax Increment Revenue Obligations, as provided by Iowa Code Chapter
403, and to enter into the Development Agreement for the purpose o f carrying out the
expansion of property located at 67 Main Street as described in the Development Agree-
ment; and
Whereas, before said obligations may be approved, Iowa Code Chapter 403 requires
that the City Clerk publish a notice of the proposal and of the time and place of the meeting
at which the City Council proposes to take action thereon and at which meeting the City
Council shall receive oral and/or written objections from any resident or property owner
of said City to such proposed action.
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 a notice to be
published as prescribed by Iowa Code Section 403.9 of a public hearing on the City's
intent to enter into a Development Agreement with Easy Steve, LLC dba Dimensional
Brewing Company and to authorize Urban Renewal Tax Increment Revenue Obligations,
to be held on the 6th day of August, 2018, at 6:00 o'clock p.m. in the City Council Cham-
bers at the Historic Federal Building, 350 W. 6th St., Dubuque, Iowa.
Section 2. The City Council will meet at said time and place for the purpose of taking
action on the approval of the Development Agreement with Easy Steve, LLC dba Dimen-
sional Brewing Company, and authorizing Urban Renewal Tax Increment Revenue Obli-
gations, the proceeds of which obligations will be used to carry out certain of the special
financing activities described in the Amended and Restated Urban Renewal Plan for the
Greater Downtown Urban Renewal District, consisting of the funding of economic devel-
opments grants to Easy Steve, LLC dba Dimensional Brewing Company, pursuant to the
Development Agreement. It is expected that the aggregate amount of the Tax Increment
Revenue obligations to be issued will be approximately $22,000.00.
Section 3. The Clerk is hereby directed to cause at least one publication to be made
of a notice of said meeting, in a newspaper, printed wholly in the English language, and
having general circulation in said City, said publication to be not less than four days nor
more than twenty days before the date of said meeting on the issuance of said obligations.
Section 4. That the notice of the proposed action to issue said obligations shall be in
substantially the form attached hereto.
Passed, approved and adopted this 16th day of July, 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on
the following Boards/Commissions.
1. Building Code and Advisory Appeals Board: One, 3-year term through August 1,
2021 (Expiring term of Wilberding). Applicant: Katrina Wilberding, 3715 Asbury Rd.
15
2. Historic Preservation Commission: One, 3-year term through July 1, 2019 (Vacant
West 11th Street Historic District term of Nieto). Applicant: Charles Richard (Rick) Stuter,
1296 Prairie St. (Qualifies as 11th District Rep.). Mr. Stuter spoke in support of his ap-
pointment and provided a brief biography.
3. Housing Commission: Three, 3-year terms through August 17, 2021 (Vacant At-
Large term of McDonell, Expiring At-Large term of Weitz and Expiring Section 8 Recipient
term of Shumaker). Applicants: Brad Cavanagh, 565 Fenelon Pl.; Coralita Shumaker,
2109 Washington St. (Qualifies as Section 8 Recipient); Gail Weitz, 1630 Lori Crt.
4. Housing Trust Fund Advisory Committee: One, 3-year term through August 17, 2021
(Expiring term of Holz)). Applicant: Jim Holz, 3010 Indiana Crt.
5. Civil Service Commission: One, 4-year term through April 6, 2022 (Vacant term of
Neuhaus). Applicant: Phil Baskerville, 2945 Van Buren St. Upon Council concurrence,
Mayor Buol appointed Mr. Baskerville to the 4-year term.
6. Electrical Code Board: One, 3-year term through May 21, 2020 (Expiring term of
Dowell). Applicant: Tom Townsend, 1940 Amelia Dr. Motion by Larson to appoint Mr.
Townsend to the 3-year term. Seconded by Jones. Motion carried 6-0.
PUBLIC HEARINGS
1. Request to Rezone - Royal Oaks Development Corporation in Conjunction with An-
nexation - Tabled from May 21, 2018 Meeting: City Manager recommending that the City
Council table the public hearing on the rezoning request for Royal Oaks Development
Corporation to a future date to be determined, to allow time for the Zoning Advisory Com-
mission to reconsider the rezoning at a future date to be determined, and then provide a
recommendation to the City Council. Motion by Jones to remove from the table. Seconded
by Resnick. Motion carried 6-0. Motion by Jones to table the item to a future date to be
determined. Seconded by Del Toro. Motion carried 6 -0.
2. Voluntary Annexation -Portion of Silver Oaks Estates (Tabled from the May 21, 2018
Meeting): City Manager recommending that the City Council table the public hearing on
the voluntary annexation request for Royal Oaks Development Corporation to a future
date to be determined, to allow time for the Zoning Advisory Commission to reconsider
the rezoning at a future date to be determined, and then provide a recommendation to
the City Council. Motion by Jones to removed from the table. Seconded by Resnick. Mo-
tion carried 6-0. Motion by Jones to table to a future date to be determined. Seconded by
Del Toro. Motion carried 6-0.
3. Request to Rezone - 255 John F. Kennedy Road: Proof of publication on notice of
public hearing to consider approval of a request from Key City Investment Company/
Georgie Yiannias to amend the ShopKo PUD Planned Unit Development Zoning District
located at 255 JFK Road to allow development of an out lot and the Zoning Advisory
Commission recommending approval. Motion by Larson to receive and file the documents
16
and that the requirement that a proposed ordinance be considered and voted on for pas-
sage at two Council meetings prior to the meeting at which it is to be passed be sus-
pended. Seconded by Resnick. Real Estate Agent for the applicant, Steve Moore, spoke
in support of the rezoning adding that the lot is “over parked” and can accommodate the
out lot. Planning Services Manager Laura Carstens provided a staff report. Motion carried
6-0.
Motion by Larson for final consideration and passage of Ordinance No. 25-18 Amend-
ing Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances
by rescinding Ordinance 61-89 and 14-99 which established regulations for the ShopKo
PUD Planned Unit Development District with a Planned Commercial Designation and now
being amended to allow for the development of an out-lot building. Seconded by Resnick.
Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 25-18
AMENDING TITLE 16, THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBU-
QUE CODE OF ORDINANCES BY RESCINDING ORDINANCE 61-89 AND 14-99
WHICH ESTABLISHED REGULATIONS FOR THE SHOPKO PUD PLANNED UNIT
DEVELOPMENT DISTRICT WITH A PLANNED COMMERCIAL DESIGNATION AND
NOW BEING AMENDED TO ALLOW FOR THE DEVELOPMENT OF AN OUT-LOT
BUILDING
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 61-89 and 14-99, which es-
tablished regulations for the Shopko Planned Unit Development District with a Planned
Commercial District designation, and now being amended to allow the development of an
out-lot building, to wit:
A. Use Regulations
The following regulations shall apply to all uses made of land in the above -described
Planned Unit Development:
Principal permitted uses: The following uses are permitted in the this Planned Unit
Development:
1. All principal permitted, accessory, conditional and temporary uses allowed in
the C-3 General Commercial District as established in Section 16-5-13 of the Unified
Development Code.
B. Lot and Bulk Regulations.
The following bulk regulations shall apply in the Shopko Planned Unit Development,
subject to the provisions of the Unified Development Code.
1. All shopping center buildings and structures shall be limited to a maximum
height of 40 feet.
2. All buildings and structures located on out lots shall be developed in compli-
ance with the bulk regulations of the C-3 General Commercial district as established
in Section 16-5-13 of the Unified Development Code.
C. Sign Regulations.
17
1. The provisions of the City of Dubuque Unified Development Code, Section 15
Signs shall apply unless further regulated by this section.
2. That the freestanding sign for the principal retail building shall be a maximum
of 350 square feet in area and a maximum of 40 feet in height.
3. Off-premise signs: Off-premise signs shall be prohibited.
4. Variances: Variances from sign requirements for size, number, and height may
be requested. Such variances shall be reviewed by the Zoning Board of Adj ustment
in accordance with Article 8-6 of the Unified Development Code.
D. Parking Regulations
1. Parking requirements for the principle retail building shall be one space per
250 square feet of retail space accessible to the general public.
2. All vehicle-related features shall be surfaced with standard or permeable as-
phalt, concrete, or pavers.
3. Curbing and proper surface drainage of storm water shall be provided .
4. All parking and loading spaces shall be delineated on the surfacing material by
painted stripes or other permanent means.
5. 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.
6. The number, size, design, and location of parking spaces designated for per-
sons with disabilities shall be according to the local, state, or federal requirements
in effect at the time of development.
7. Parking requirements for businesses located on out lots shall comply with the
provisions of Section 14 of the Unified Development Code.
E. Site Lighting
1. Exterior illumination of site features shall be limited to the illumination of the
following:
a. Parking areas, driveways and loading facilities.
b. Pedestrian walkway surfaces and entrances to building.
c. Building exterior.
2. Location and Design
a. All exterior lighting luminaries shall be designed and installed to shield light
from the luminaries at angles above 72-degrees from vertical.
b. Fixtures mounted on a building shall not be positioned higher than the roof-
line of the building.
c. All electrical service lines to posts and fixtures shall be underground and
concealed inside the posts.
F. Exterior Trash Collection Areas
1. The storage of trash and debris shall be limited to that produced by the principal
permitted use and accessory uses of the lot.
2. 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 he ight 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.
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G. Performance Standards
The development and maintenance of uses in this Planned Unit Development shall be
established in conformance with the following standards.
1. Platting: Subdivision plats shall be submitted in accordance with Section 11
Land Subdivision of the City of Dubuque Unified Development Code.
2. Site Plans: Final site development plans shall be submitted in accordance with
Section 12 Site Plans and Section 13 Site Design Standards of the City of Dubuque
Unified Development Code prior to construction of each building and vehicle-related
feature unless otherwise exempted by Article 12.
3. Storm Water 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 the flow line of open drainage ways outside the lot in a means
that is satisfactory to the Engineering Department of the City of Dubuque. Other
applicable regulations enforced by the City of Dubuque relative to storm water man-
agement and drainage shall apply to properties in the Planned Unit Development.
H. 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,
construction, operation and management of property within the city of Dubuque.
I. Transfer of Ownership
Transfer of ownership or lease of property in the Shopko PUD shall include in the
transfer or lease agreement a provision that the purchase r or lessee acknowledges
awareness of the conditions authorizing the establishment of the District PUD.
J. Recording
A copy of this PUD Ordinance shall be recorded, at the expense of the property owner,
with the Dubuque County Recorder as a permanent record of the conditions accepted as
part of this reclassification approval. This ordinance shall be binding upon the under-
signed and his/her heirs, successors and assigns.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Ad-
visory Commission of the City of Dubuque, Iowa.
Section 3. The foregoing amendment shall take effect upon publication, as provided
by law.
Passed, approved and adopted this 16th day of July, 2018.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 20 th day of July, 2018.
/s/Kevin S. Firnstahl, City Clerk
4. Thompson Truck and Trailer, LLC Lease : Proof of publication on notice of public
hearing to consider approval of a Lease Agreement between the City of Dubuque and
Thompson Truck and Trailer, LLC and the City Manager recommending approval. Motion
by ones to receive and file the documents and adopt Resolution No. 217-18 Approving a
19
Lease Agreement between the City of Dubuque, Iowa (City) and Thompson Truck and
Trailer, LLC, a Delaware Corporation (Thompson). Seconded by Del Toro. Motion carried
6-0.
RESOLUTION NO. 217-18
APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA
(CITY) AND THOMPSON TRUCK AND TRAILER LLC, A DELAWARE CORPORATION
(THOMPSON)
Whereas, the City of Dubuque, Iowa (City) is the owner of the real property shown on
the attached Exhibit A attached hereto and by this reference made a part hereof; and
Whereas, Thompson Truck and Trailer, LLC a Delaware Corporation, (Thompson) de-
sires a lease agreement for part of the property shown on Exhibit A for parking vehicles
and trucks on the property upon the terms set forth in the attached Lease Agreement
between the City and Thompson; and
Whereas, City and Thompson have tentatively agreed to the terms of the Lease Agree-
ment, which among other things, provides for a term through June 30, 2023; and
Whereas, the City Council believes it is in the best interest of the City of Dubuque to
approve the Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Lease Agreement between the City of Dubuque, Iowa and Thompson
Truck and Trailer LLC, a Delaware Corporation is hereby approved.
Section 2. Mayor is hereby authorized and directed to execute the Lease Agreement
on behalf of the City of Dubuque.
Passed, approved and adopted this 16th day of July, 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
PUBLIC INPUT
Christian Stillings, 1298 Locust Street, expressed his support for net neutrality with
respect to the ongoing enhanced broadband discussions, but was concerned with the
public/private partnerships giving preference to the vendors that provide internet access.
Mr. Stillings added that on behalf of the Campaign for a neutral and democratic internet,
he asked that the City keep moving forward with exploring options.
ACTION ITEMS
1. Follow-up to June 25, 2018 Work Session on Enhanced Broadband Capacity, Ac-
cess and Equity in Dubuque: Information Services Manager Chris Kohlmann, Public and
Sustainable Innovation Consultant David Lyons facilitated a follow-up discussion to the
June 25, 2018 City Council Work Session on Enhanced Broadband Capacity, Access and
Equity in Dubuque prior to City Council Goal Setting. The presenters responded to ques-
tions from the City Council regarding the definition of net neutrality; the inability to guar-
antee net-neutral providers, service and privacy; financial capacity for net -neutral compe-
20
tition; country-wide state legislation prohibiting municipal internet, possible litigation; as-
sistance from public/private partnerships; data harvesting at the application level and net-
work level; ultimate control of a system, the potential for state and federal pre-emption at
any time; and the need for lobbying public policy at the state and federal levels.
2. Mural Information: City Attorney providing information on murals. Motion by Larson
to receive and file the information Seconded by Del Toro. Motion carried 6 -0. City Council
discussion included murals remaining an issue for private property owners, retaining ar-
tistic expression and control, over-saturation, preserving historic accuracy, Council’s and
the public’s perception of art, long-term maintenance responsibility and ownership, re-
viewing other communities’ best practices. The Council concurred that continued discus-
sion is needed.
3. Code of Ordinances Amendment Title 14 Vacant and/or Abandoned Buildings : City
Manager recommending approval of an amendment to the City of Dubuque Code of Or-
dinances, Title 14, Chapter 4 Licensing of Vacant and/or Abandoned Buildings. 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 Del Toro. Motion carried
6-0.
Motion by Jones for final consideration and passage of Ordinance No. 26-18 Amending
City of Dubuque Code of Ordinances Title 14 Building and Development, Chapte r 4 Li-
censing of Vacant and/or Abandoned Buildings, Section 14-4-1 Definitions. Seconded by
Del Toro. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 26-18
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 4 LICENSING OF VACANT AND/OR ABANDONED
BUILDINGS, SECTION 14-4-1 DEFINITIONS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 14-4-1 of the City of Dubuque Code of Ordinances is amended to
read as follows:
14-4-1: DEFINITIONS:
For the purpose of this chapter, certain terms, phrases, words and their derivatives
shall be construed as specified in either this chapter or as specified in the Building Code
or the Property Maintenance Code. Where terms are not defined, they shall have their
ordinary accepted meanings within the context in which they are used. Unless otherwise
expressly stated or unless the context clearly indicates a different intent, the following
terms shall, for the purpose of this chapter, have the following meanings:
ABANDONED BUILDING: Any building or portion thereof which has stood with an in-
complete exterior shell for six (6) months or longer which meets one (1) or more of the
following criteria:
A. Is unsecured;
B. Is unoccupied; or
21
C. Is in violation of the International Property Maintenance Code, International
Building Code, International Residential Code, or International Fire Code adopted
by the City of Dubuque.
BUILDING CODE: The International Building Code promulgated by the International
Code Council, as adopted in section 14-1A-1 of this title.
CITY MANAGER: Includes the City Manager's designee.
DANGEROUS BUILDING: Any building or structure which has any or all of the condi-
tions or defects hereinafter described; provided, that such conditions or defects exist to
the extent that the life, health, property or safety of the public or the occupants of the
building are endangered:
A. Whenever any door, aisle, passageway, stairway or other means of exit is not
of sufficient width or size or is not so arranged as to provide safe and adequate
means of exit in case of fire or panic.
B. Whenever the walking surface of any aisle, passageway, stairway or other
means of exit is warped, worn, loose, torn or otherwise unsafe as to not provide safe
and adequate means of exit in case of fire or panic.
C. Whenever the stress in any materials, member or portion thereof, due to all
dead and live loads, is more than one and one-half (11/2) times the working stress
or stresses allowed in the Building Code for new buildings of similar structure, pur-
pose or location.
D. Whenever any portion thereof has been damaged by fire, earthquake, wind,
flood or by any other cause, to such an extent that the structural strength or stability
thereof is materially less than it was before such catastrophe and is less than the
minimum requirements of the Building Code for new buildings of similar structure,
purpose or location.
E. Whenever any portion or member or appurtenance thereof is likely to fail, or
to become detached or dislodged, or to collapse and thereby injure persons or dam-
age property.
F. Whenever any portion of a building, or any member, appurtenance or orna-
mentation on the exterior thereof is not of sufficient strength or stability, or is not so
anchored, attached or fastened in place so as to be capable of resisting a wind
pressure of one-half (1/2) of that specified in the building code for new buildings of
similar structure, purpose or location without exceeding the working stresses per-
mitted in the building code for such buildings.
G. Whenever any portion thereof has wracked, warped, buckled or settled to such
an extent that walls or other structural portions have materially le ss resistance to
winds or earthquakes than is required in the case of similar new construction.
H. Whenever the building or structure, or any portion thereof, is likely to partially
or completely collapse because of:
1. Dilapidation, deterioration or decay;
2. Faulty construction;
3. The removal, movement or instability of any portion of the ground necessary
for the purpose of supporting such building;
4. The deterioration, decay or inadequacy of its foundation; or
5. Any other cause.
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I. Whenever, for any reason, the building or structure, or any portion thereof, is
manifestly unsafe for the purpose for which it is being used.
J. Whenever the exterior walls or other vertical structural members list, lean or
buckle to such an extent that a plumb line passing through the center of gravity does
not fall inside the middle one-third (1/3) of the base.
K. Whenever the building or structure, exclusive of the foundation, shows thirty
three percent (33%) or more damage or deterioration of its supporting member or
members, or fifty percent (50%) damage or deterioration of its nonsupporting mem-
bers, enclosings or outside walls or coverings.
L. Whenever the building or structure has been so damaged by fire, wind, earth-
quake or flood, or has become so dilapidated or deteriorated as to become: 1) an
attractive nuisance to children; 2) a harbor for vagrants or criminals; or as to 3) en-
able persons to resort thereto for the purpose of committing unlawful acts.
M. Whenever any building or structure has been constructed, exists or is main-
tained in violation of any specific requirement or prohibition applicable to such build-
ing or structure provided by the building regulations of this city, as specified in the
building code or property maintenance code, or of any law or ordinance of this state
or city relating to the condition, location or structure of buildings.
N. Whenever any building or structure which, whether or not erected in accord-
ance with all applicable laws and ordinances, has in any nonsupporting part, mem-
ber or portion less than fifty percent (50%), or in any supporting part, member or
portion less than sixty six percent (66%) of the: 1) strength; 2) fire resisting qualities
or characteristics; or 3) weather resisting qualities or characteristics required by law
in the case of a newly constructed building of like area, height and occupancy in the
same location.
O. Whenever a building or structure, used or intended to be used for dwelling
purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty
construction or arrangement, inadequate light, air or sanitation facilities, or other-
wise, is determined by the health officer to be unsanitary, unfit for human habitation
or in such a condition that is likely to cause sickness or disease.
P. Whenever any building or structure, because of obsolescence, dilapidated
condition, deterioration, damage, inadequate exits, lack of sufficient fire resistive
construction, faulty electric wiring, gas connections or heating apparatus, or other
cause, is determined by the fire marshal to be a fire hazard.
Q. Whenever any building or structure is in such condition as to constitute a public
nuisance known to the common law or in equity jurisprudence.
R. Whenever any portion of a building or structure remains on a site after t he
demolition or destruction of the building or structure or whenever any building or
structure is abandoned for a period in excess of six (6) months so as to constitute
such building or portion thereof an attractive nuisance or hazard to the public.
FIRE CODE: International fire code, as adopted by chapter 1, article E of this title.
NUISANCE: Each of the following shall be defined as a "nuisance":
A. Any public nuisance known at common law or in equity jurisprudence.
B. Any attractive nuisance which may prove detrimental to persons whether in a
building, on the premises of a building, or upon an unoccupied lot.
23
C. Whatever is dangerous to human life or is a menace to the public health, wel-
fare or safety as determined by the city manager.
D. A building that is structurally unsafe, unsanitary or not provided with adequate
safe egress, or that constitutes a fire hazard, or otherwise constitutes a hazard by
reason of inadequate maintenance, dilapidation or obsolescence or abandonment.
E. Uncleanliness to the risk of unhealthiness, as determined by the city manager.
F. Whatever renders air, food or drink unwholesome or detrimental to the health
of human beings, as determined by the city manager.
PROPERTY MAINTENANCE CODE: The city of Dubuque property maintenance code,
as adopted in chapter 1, article J of this title.
UNOCCUPIED: Not engaged in any principal permitted uses or conditional uses des-
ignated for the zoning district in which a building is located.
VACANT BUILDING: Any building or portion thereof which has been unoccupied for a
continuous period of time over twelve (12) months and wh ich meets one or more of the
following criteria:
A. Unsecured;
B. Secured by means other than those used in the design of the building;
C. Declared a "dangerous building" as defined in this section;
D. Unfit for occupancy as determined by the city manager;
E. Noncompliant with the international property maintenance code;
F. Has housing, building, fire, health, or zoning code violations;
G. Open to vagrants, vandals, children or the unwary; or
H. Not consuming or using one or more utilities provided by any o ne or more of
the public utilities.
1. For purposes of this chapter, public utilities are defined as water, natural
gas, and electricity.
2. The minimum fee billed for properties having a water meter, stop box, or
service line but not actually using water does not constitute water consumption
for purposes of this chapter.
3. Storm water does not constitute a public utility for purposes of this chapter.
Section 2. This Ordinance takes effect on publication.
Passed, approved, and adopted the 16th day of July, 2018.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 20 th day of July, 2018.
/s/Kevin S. Firnstahl, City Clerk
4. Request to Schedule Work Session - Inclusive Dubuque: City Manager recommend-
ing that the City Council schedule the Inclusive Dubuque work session for September 10,
2018 at 6:00 p.m. in the Historic Federal Building. Motion by Resnick to receive and file
the documents and schedule the work session as recommended. Sec onded by Del Toro.
Motion carried 6-0.
24
5. Request to Schedule Work Session - Project HOPE: City Manager recommending
that the City Council schedule a work session for a Project HOPE Update at 5:30 p.m. on
August 6, 2018 in the Historic Federal Building. Motion by Del Toro to receive and file the
documents and schedule the work session as recommended. Seconded by Larson. Mo-
tion carried 6-0.
COUNCIL MEMBER REPORTS
Council Member Jones reported on the death of Key West Vo lunteer Fire Chief Brian
Arnold and Dubuque County Sheriff’s Deputy Mark Oberhoffer.
Council Member Resnick reported on a citizen inquiry concerned with the closure of
5th Street being considered with the possible Five Flags Civic Center redesign requesting
that Council discuss traffic flow concerns during the August Council goal setting.
Council Member Larson congratulated the Leisure Services Department, the Park and
Recreation Commission and the Kids in Dubuque Skate (KIDS) Campaign for the success
of the skate park project and recent ground breaking.
There being no further business, upon motion the City Council adjourned at 7:33 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk