10 15 18 City Council Proceedings Official_Regular1
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:00 p.m. on October 15, 2018 in
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Del Tor, Jones, Larson, Resnick, Rios, Shaw;
City Manager Van Milligen, City Attorney Brumwell
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
PROCLAMATION(S)
1. Gentleman Day (October 17, 2018) was accepted by Alexis Chadwick and
representatives of Waypoint Domestic Violence Victim Services Program.
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Jones. Council Member Shaw requested Item #16
be held for separate discussion. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council Proceedings of 10/1; Historic
Preservation Commission of 9/20; Library Board of Trustees Minutes of 7/26, 8/23 and
Council Update #175 of 7/26; Park and Recreation Advisory Commission of 9/26; Zoning
Advisory Commission of 10/3; Zoning Board of Adjustment of 9/27; Proof of publication
for City Council Proceedings of 9/17; Proof of Publication for List of Claims and Summary
of Revenues for Month Ending 8/31/18. Upon motion the documents were received and
filed.
2. Notice of Claims and Suits: Jeffrey Kostein for property damage, Lindsay Lannen
for vehicle damage, and Andrew Topping for ve hicle damage. Upon motion the
documents were received, filed, and referred to the City Attorney.
3. Notice of Claims and Suits: City Attorney advising that the following claims have
been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities
Assurance Pool: Jeffrey Kostein for property damage and Andrew Topping for vehicle
damage. Upon motion the documents were received, filed, and concurred.
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4. Letter of Support for Regional Transit Authority (RTA) Grant Application : City
Manager providing a copy of a letter supporting the ICAAP grant application in support of
a van pool program submitted by Delaware, Dubuque and Jackson Counties to the Iowa
Department of Transportation (IDOT). Upon motion the documents were received and
filed.
5. Approval of City Expenditures: City Manager recommending City Council approval
for payment of City expenditures. Upon motion the documents were received, filed and
approved.
6. Federal Emergency Management Agency (FEMA) Flood Map Meeting Information:
City Manager transmitting information that the Federal Emergency Management Agency
(FEMA) and the Iowa Department of Natural Resources (IDNR) will be hosting two
meetings on October 17 to share and discuss the preliminary floodplain maps with city
and county officials and the public. Upon motion the documents were received and filed.
7. 2018 Justice Assistance (JAG) Grant: City Manager recommending approval to
accept the 2018 Justice Assistance Grant (JAG). Upon motion the documents were
received, filed and approved.
8. Iowa Clean Air Attainment (ICAAP) Grant Submission: City Manager recommending
approval of the submission of an Iowa Clean Air Attainment Grant by DJMP Engine
Solutions on behalf of Newt Marine Services. Upon motion the documents were received
and filed, and Resolution No. 297-18 Authorizing the filing of an Iowa Clean Air Attainment
Program application with the Iowa Department of Transportation (IDOT) with sponsorship
provided by the City of Dubuque to assist with funding of EPA Certified Towboat Engines
that will reduce carbon emission and improve regional air quality was adopted.
RESOLUTION NO. 297-18
AUTHORIZING THE FILING OF AN IOWA CLEAN AIR ATTAINMENT PROGRAM
APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION (IADOT)
WITH SPONSORSHIP PROVIDED BY THE CITY OF DUBUQUE TO ASSIST WITH
FUNDING OF EPA CERTIFIED TOWBOAT ENGINES THAT WILL REDUCE CARBON
EMISSIONS AND IMPROVE REGIONAL AIR QUALITY
Whereas, Newt Marine Service (Newt) wants to apply for a grant from the Iowa Clean
Air Attainment Program (ICAAP) for Congestion Mitigation/Air Quality (CMAQ) to assist
with Repowering Newt Marine Towboats with new EPA Certified Engines (the “Project”);
and
Whereas, the ICAAP CMAQ grant is managed by the Iowa Department of
Transportation (IDOT) and requires sponsorship of the Project; and
Whereas, as sponsor the City is agreeing to many requirements which are a condition
of receiving the funding; and
Whereas, City is willing to sponsor the project upon the terms and conditions agreed
upon by the parties; and
Whereas, the Newt project would positively impact air quality in the community.
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NOW, THEREFORE, in consideration of the mutual covenants and agreements of the
City and Newt, each to the other, it is agreed as follows:
Section 1. Sponsorship of the Newt Project by the City is hereby approved subject to
the terms and conditions of the Agreement between the City and Newt.
Section 2. The Agreement between the City and Newt is hereby approved and the City
Manager is authorized to sign necessary paperwork to facilitate the Newt application.
Passed, approved and adopted this 15th day of October 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
9. Pre-Annexation Agreement - William H. Richard, Jr. Living Trust: City Manager
recommending approval of a Pre-Annexation Agreement with William H. Richard Jr. as
Trustee of the William H. Richard, Jr. Living Trust for Ric hard 2nd Addition in Dubuque
County. Upon motion the documents were received and filed, and Resolution No. 298 -18
Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and William
H. Richard, Jr. as Trustee of the William H. Richard, Jr. Living Trust was adopted.
RESOLUTION NO. 298-18
APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND WILLIAM H. RICHARD, JR. AS TRUSTEE OF THE WILLIAM
H. RICHARD, JR. LIVING TRUST
Whereas, William H. Richard, Jr. as Trustee of the William H. Richard, Jr. Living Trust,
the owner 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 :
The east one-half (E ½) of the Northeast one quarter (NE ¼) of the Northwest
one quarter (NW ¼); the West one-half (W ½) of the Northwest one quarter (NW ¼)
of the Northeast one quarter (NE ¼); Lot One (1) of Lot Two (2) of the Southwest
one quarter (SW1/4) of the Northeast one quarter (NE ¼); Lot One (1) and Lot Two
(2) of Richard Addition, all in Section 18, Township 88 North, Range 2 East of the
5th Prime Meridian in Dubuque County, Iowa, according to the Government Survey
and the recorded plats thereof, subject to Highway; and
Whereas, William H. Richard, Jr. as Trustee of the William H. Richard, Jr. Living Trust
has entered into 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
interest.
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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 and between William H. Richard, Jr. as
Trustee of the William H. Richard, Jr. Living Trust and the City of Dubuque is hereby
approved.
Passed, approved and adopted this 15th day of October 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10. Pre-Annexation Agreement - E. William and Margaret Walser: City Manager
recommending approval of a Pre-Annexation Agreement with E. William Walser and
Margaret Walser for property in Walser Addition in Dubuque County. Upon motion the
documents were received and filed, and Resolution No. 299-18 Approving a Pre-
Annexation Agreement between the City of Dubuque, Iowa and E. William and Margaret
Walser was adopted.
RESOLUTION NO. 299-18
APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND E. WILLIAM AND MARGARET WALSER
Whereas, E. William and Margaret Walser, 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 2 of Walser Addition and the balance of Lot 1 -2-1-1-1-1-2 of the West
Fractional one-half (W ½) of the northeast quarter (NE ¼) in Section 4, Township
88 North, Range 2 East of the 5th Principal Meridian, Dubuque County, Iowa,
according to the recorded Plat thereof; and
Whereas, Christopher L. Wagner has entered into a Pre -annexation Agreement with
the City of Dubuque a copy of which is attached hereto gove rning 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 volun tary 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 E. William and Margaret
Walser and the City of Dubuque is hereby approved.
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Passed, approved and adopted this 15th day of October 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
11. Pre-Annexation Agreements - Roeder Realty LLLP: City Manager recommending
approval of three Pre-Annexation Agreements with Roeder Realty, LLLP property owners,
for property located at 2550, 2554 and 2580 Rockdale Road, in conjunction with their
request to connect to City water. Upon motion the documents were received and filed,
and Resolution No. 300-18 Approving a Pre-Annexation Agreement between the City of
Dubuque, Iowa and Roeder Realty, LLLP was adopted.
RESOLUTION NO. 300-18
APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND ROEDER REALTY, LLLP
Whereas, Roeder Realty, LLLP, 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 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Mineral
Lot 482, and Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot
1 of Lot 1 of Mineral Lot 482, in Section 1, Township 88 North, Range 2 East of the
5th P.M.
Lot 2 of Lot 3 of Annie Waller’s Subdivision No. 2.
Lot 2 of Lot 1 of Lot 1 of Lot 3, Lot 1 of Lot 2 of Lot 1 of Lot 3, and Lot 2 of Lot 2
of Lot 1 of Lot 3, in Annie Waller’s Subdivision No. 2 in Sections 1 & 12, Township
88 North, Range 2 East of the 5th P.M.
Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 3 in Annie Waller’s
Subdivision, No. 2, all in Table Mound Township, Dubuque County, Iowa, according
to the recorded Plat thereof.
Whereas, Roeder Realty, LLLP has entered into 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 th e 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 Roeder Realty, LLLP and
the City of Dubuque is hereby approved.
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Passed, approved, and adopted this 15th day of October 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. Thomas Place Retaining Wall Repair Project Acceptance : City Manager
recommending acceptance of the construction contract for the Thomas Place Retaining
Wall Repair Project, as completed by Drew Cook & Sons Excavating, Co, Inc. Upon
motion the documents were received and filed, and Resolution No. 301 -18 Accepting the
Thomas Place Retaining Wall Repair Project and authorizing the payment to the
contractor was adopted.
RESOLUTION NO. 301-18
ACCEPTING THE THOMAS PLACE RETAINING WALL REPAIR PROJECT AND
AUTHORIZING THE PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the Thomas Place Retaining Wall Repair
Project (the Project) has been completed by the Contractor, Drew Cook & Sons
Excavating, Co., Inc. (Contractor), the City Engineer has examined the work and
recommends that the Project be accepted; and
Whereas, the final contract amount for the Project is $81,014.17; and
Whereas, the Contractor has previously been paid $76,963.46, leaving a balance of
$4,050.71; and
Whereas, the City Council finds that the recommendation of the City Engineer should
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 the balance
of the retainage of $4,050.71 as provided in Iowa Code ch apter 573, and to pay such
retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code
chapter 26.13.
Passed, approved and adopted this 15th day of October 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE THOMAS
PLACE RETAINING WALL REPAIR PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the Thomas Place Retaining Wall Repair Project, and that said Project has
been performed in compliance with the terms of the Public Improvement Contract, and
that the total cost of the completed work is $91,974.97.
Dated this 8th day of October 2018.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 8th day of October 2018.
/s/Kevin S. Firnstahl, City Clerk
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13. Cedar Lake East 13th Addition - Acceptance of Water Main Improvements: City
Manager recommending acceptance of the public improvements that the developers,
Hansel Properties, LLC have recently completed in Cedar Lake East 13th Addition. Upon
motion the documents were received and filed, and Resolution No. 302 -18 Accepting
public improvements on Windmill Lane in Cedar Lake East 13th Addition in the City of
Dubuque, Iowa was adopted.
RESOLUTION NO. 302-18
ACCEPTING PUBLIC IMPROVEMENTS ON WINDMILL LANE IN CEDAR LAKE
EAST 13TH ADDITION THE CITY OF DUBUQUE, IOWA
Whereas, pursuant to Water Main Construction Agreement dated August 27, 2018, a
copy of which is attached hereto, certain public improvemen ts including water main and
appurtenances, were installed by Hansel Properties, LLC; and
Whereas, the improvements have been completed and the City Manager has
examined 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 on Windmill Lane in Cedar Lake East 13 th Addition be and the same
is hereby accepted.
Section 2. That maintenance of said public improvements shall be the responsibility of
the owners, Hansel Properties, for a period of two (2) years from the date of this
resolution.
Passed, approved and adopted this 15th day of October 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
14. Acceptance of Grant of Easement for Water Main and Fiber Optics - Jon D.
Luckstead Property: City Manager recommending acceptance of a Grant of Easement for
Water Main and Fiber Optics Utility across Jon D. Luckstead property, being part of Lots
D, 3, and 4 of Tamarack S.E. Fourth Subdivision, in Dubuque County, as part of the
Tamarack Park Water Main Extension Project 2018. Upon motion the documents were
received and filed, and Resolution No. 303-18 Accepting a Grant of Easement for water
main and fiber optics utility through, over and across part of Lots D, 3, and 4 of Tamarack
S.E. Fourth Subdivision, in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 303-18
ACCEPTING A GRANT OF EASEMENT FOR WATER MAIN AND FIBER OPTICS
UTILITY THROUGH, OVER AND ACROSS PART OF LOTS D, 3, AND 4 OF
TAMARACK S.E. FOURTH SUBDIVISION, IN DUBUQUE COUNTY, IOWA
Whereas, Jon D. Luckstead, has executed a Grant of Easement for Water Main and
Fiber Optics Utility through, over and across Part of Lots D, 3, and 4 of Tamarack S.E.
Fourth Subdivision, in Dubuque County, Iowa.
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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, Iowa, hereby approves of, accepts
and consents to the Grant of Easement for Water Main and Fiber Optics Utility through,
over and across Part of Lots D, 3, and 4 of Tamarack S.E. Fourth Subdivision, in Du buque
County, Iowa as shown on the Grant of Easement for Water Main and Fiber Optic Utility,
from Jon D. Luckstead, a copy of which is attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Section 3. The City Clerk is hereby authorized to and directed to record this resolution
and Grant of Easement for Water Main and Fiber Optics Utility with the Dubuque County
Recorder.
Passed, approved, and adopted this 15th day of October 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
15. Eagle Point Park Indian Room Roof Replacement Project Acceptance: City
Manager recommending acceptance of the Eagle Point Park Indian Room Roof
Replacement Project, as completed by Gronen Restoration, Inc. Upon motion the
documents were received and filed, and Resolution No. 304-18 Accepting the Eagle Point
Park Indian Room Roof Replacement Project and authorizing the payment of the contract
amount to the contractor was adopted,
RESOLUTION NO. 304-18
ACCEPTING THE EAGLE POINT PARK INDIAN ROOM ROOF REPLACEMENT
PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO
THE CONTRACTOR
Whereas, the Public Improvement Contract for the Eagle Point Park Indian Room Roof
Replacement Project (the Project) has been completed by the contractor and the Park
Division Manager has examined the work and filed a certificate stating tha t the Project
has been completed according to the terms of the Public Improvement Contract and that
the Park Division Manager 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 Park Division Manager is approved, and the
Project is hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the
Eagle Point Park Indian Room Roof Replacement Project capital improvemen t
appropriation for the contract amount of $55,040.00 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, adopted, and approved this 15th day of October 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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16. John Deere Dubuque Works 28E Agreement: City Manager recommending
approval for the Mayor to execute a 28E Agreement between Dubuque County, the City
of Dubuque and John Deere Dubuque Works for a Traffic Improvement Study along John
Deere Road. Motion by Resnick to receive and file the documents and adopt Resolution
No. 305-18 Approving a 28E Funding Agreement between Dubuque County, the City of
Dubuque and John Deere Dubuque Works for a Traffic Improvement Study along John
Deere Road. Seconded by Jones. Motion carried 6 -0 with Shaw abstaining for conflict of
interest because he is an employee of John Deere.
RESOLUTION NO. 305-18
APPROVING A 28E FUNDING AGREEMENT BETWEEN DUBUQUE COUNTY, THE
CITY OF DUBUQUE AND JOHN DEERE DUBUQUE WORKS FOR A TRAFFIC
IMPROVEMENT STUDY ALONG JOHN DEERE ROAD
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Whereas, Dubuque County, the City of Dubuque and John Deere Dubuque Works
desire to improve safety for motorists on Herber Road, West John Deere Road, South
John Deere Road and Peru Road accommodating excising and future traffic from John
Deere Dubuque Works Plant; and
Whereas, The County, City and John Deere agree to partner on the John Deere Traffic
Improvement Study and agree to contribute funding as follows:
Funding Source Amount
Dubuque County Funds $ 10,000.00
City of Dubuque Funds 10,000.00
John Deere Dubuque Works Funds 10,000.00
Total Engineering Study Funding $ 30,000.00
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
Section 1. The City Council of the City of Dubuque, Iowa hereby approves of, accepts,
and consents to the 28E Agreement between the Dubuque County, the City of Dubuque
and John Deere Dubuque Works.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque the 28E Agreement.
Passed, adopted and approved this 15th day of October 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
17. U.S. EPA Semi Annual Consent Decree: City Manager transmitting the September
30, 2018 Semi Annual Consent Decree Report that has been submitted to the United
States Environmental Protection Agency as required by the Consent Decree. Upon
motion the documents were received and filed.
18. Upper Bee Branch Railroad Culvert Crossing Project, Property Acquisition
(Easement) from Robert F. Klauer (430 Garfield Ave.): City Manager is recommending
approval of the acquisition of a temporary easement from Robert F. Klauer, owner of 430
Garfield Avenue, as required for the Upper Bee Branch Railroad Culverts Project. Upon
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motion the documents were received and filed, and Resolution No. 306 -18 Approving a
purchase agreement between the City of Dubuque and Robert F. Klauer was adopted.
RESOLUTION NO. 306-18
APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF DUBUQUE AND
ROBERT F. KLAUER
Whereas, the City of Dubuque (City) intends to acquire a temporary easement through
certain real property owned by Robert F. Klauer (Owner), at 430 Garfield Avenue as
shown on Temporary Easement Exhibit A (the Easement) attached hereto for the purpose
of constructing, operating, and maintaining the Bee Branch Railroad Culverts, a
stormwater management project; and
Whereas, a Purchase Agreement attached hereto has been executed by the Owner,
which provides for the temporary use of the property for the construction of the storm
water management project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council of the City of Dubuque, Iowa hereby approves the
Purchase Agreement.
Section 2. That the City Manager is hereby authorized to execute the Purchase
Agreement on behalf of the City of Dubuque and to take such actions as may be
necessary to carry out the Agreement.
Passed, approved and adopted this 15th day of October 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
19. Upper Bee Branch Railroad Culvert Crossing Project Property Acquisition from
HWY 151 & 61 Development, LLC: City Manager recommending approval of the
acquisition of a permanent easement and a temporary easement (the Easem ents) at the
E. 16th Street property legally described as Lot 2 Riverview Plaza No. 3, owned by HWY
151 & 61 Development, LLC, for the construction and maintenance of the Upper Bee
Branch Railroad Culverts Project. Upon motion the documents were received and filed,
and Resolution No. 307-18 Approving the acquisition of easements through certain real
property owned by HWY 151 & 61 Development, LLC in the City of Dubuque, Iowa was
adopted.
RESOLUTION NO. 307-18
APPROVING THE ACQUISITION OF EASEMENTS THROUGH CERTAIN REAL
PROPERTY OWNED by HWY 151 & 61 DEVELOPMENT, LLC IN THE CITY OF
DUBUQUE, IOWA
Whereas, the City of Dubuque (City) intends to acquire a temporary easement through
certain real property owned by HWY 151 & 61 Development, LLC (Owner), at their E.
16th Street property legally described as Lot 2 Riverview Plaza No. 3 as shown on
Permanent Easement Exhibit A and Temporary Easement Exhibit B (the Easements)
attached hereto for the purpose of constructing, operating, and maintaining the Bee
Branch Railroad Culverts, a stormwater management project; and
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Whereas, a Purchase Agreement attached hereto has been finalized for the
Easements scheduled for acquisition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council of the City of Dubuque, Iowa hereby a pproves the
Purchase Agreement.
Section 2. That the City Manager is hereby authorized to execute the Purchase
Agreement on behalf of the City of Dubuque and to take such actions as may be
necessary to carry out the Agreement.
Section 3. That the City of Dubuque be and is hereby authorized to accept a Warranty
Deed from the Owner, conveying the Owner’s interest to the City of Dubuque, Iowa for
the Property.
Section 4. That the City Clerk be and is hereby authorized and directed to cause said
Warranty Deed to be recorded in the office of the Dubuque County Recorder, together
with a certified copy of this Resolution.
Passed, approved, and adopted this 15th day of October 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
20. Upper Bee Branch Creek Railroad Culverts Project Property Acquisition
(easements) from B&M Properties and Storage, LLC: City Manager recommending
approval to make the final offer for permanent and temporary easem ents through certain
real property owned by B&M Properties & Storage, LAG, at 525 E. 19 th Street, for the
purpose of constructing, operating, and maintaining the Upper Bee Branch Creek
Railroad Culverts, a stormwater management project. Upon motion the documents were
received and filed, and Resolution No. 308-18 Authorizing the City Manager to make the
final offer for the acquisition of easements through certain real property owned by B&M
Properties & Storage, LLC in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 308-18
AUTHORIZING THE CITY MANAGER TO MAKE THE FINAL OFFER FOR THE
ACQUISITION OF EASEMENTS THROUGH CERTAIN REAL PROPERTY OWNED BY
B&M PROPERTIES & STORAGE, LLC IN THE CITY OF DUBUQUE, IOWA
Whereas, the City of Dubuque (City) intends to acquire permanent and temporary
easements (the Easements) through certain real property owned by B&M Properties &
Storage, LLC (Owner), at 525 E. 19th Street for the purpose of constructing, operating,
and maintaining the Bee Branch Railroad Culverts, a storm water management project;
and
Whereas, City has caused an appraisal of the Easements to be made and the
appraised value of the easements is $35,000.00; and
Whereas, in Resolution No. 229-18, the City Council established the fair market value
of the Easements as $35,000.00, authorized the City Manager 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
therein, and authorized the City Manager to commence proceedings for the acquisition of
the Property by eminent domain should negotiations fail; and
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Whereas, Iowa law requires that City must make a good faith effort to negotiate with
the Owner to purchase the Easements before proceeding with condemnation; and
Whereas, City has been unable to reach an agreement with the Owner for the purchase
of the Easements; and
Whereas, City intends to commence eminent domain proceedings to acquire the
Easements; and
Whereas, the City Manager has requested authority to make a final offer to the Owner
for the purchase of the Easements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Manager is hereby authorized to make a final offe r to the Owner
for the purchase of the Easements in the amount of $45,000.00.
Section 2. If the Owner of the Property does not accept the City’s Final Offer on or
before October 15, 2018, the City Manager is directed to commence eminent domain
proceedings to acquire the Easements.
Passed, approved and adopted this 15th day of October 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
21. Signed Contract(s): Blackstone Environmental, Inc., contracts (3) for West Blum
Site environmental cleanup; Four Mounds Usage Agreement for use of 1101 Central for
the 2018-2019 Winter Farmer's Market; Hillcrest Family Services Usage Agreement for
use of Murphy Park for 2018 Reflections in the Park event. Upon motion the documents
were received and filed.
22. Alcohol Compliance Civil Penalty for Alcohol License Holder – Beecher Liquor: City
Manager recommending approval of the Acknowledgment/Settlement Agreement for an
alcohol compliance violation for Beecher Liquor, 1695 Asbury Road. Upon motion the
documents were received, filed and approved.
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. 309-18 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 Liquor, Beer and Wine Licenses and
Permits was adopted.
RESOLUTION NO. 309-18
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
LIQUOR, 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
13
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
Carlos O'Kelly's Mexican
Cafe
1355 Associates Dr. Class C Liquor (Catering)
(Outdoor) (Sunday)
Dog House Lounge 1646 Asbury Rd. Class C Liquor (Outdoor)
(Sunday)
Europa Haus Restaurant &
Bierstube
1301 Rhomberg Ave. Class C Liquor (Catering)
Happy Joe's Old-Fashioned
Ice Cream & Pizza Parlor
855 Century Dr. Class B Beer (Sunday)
Huhot Mongolian Grill 555 J.F. Kennedy Rd. #685 Special Class C Liquor
(Sunday)
Jumpers Sports Bar & Grill 2600 Dodge St. Class C Liquor (Outdoor)
(Sunday)
L. May Eatery 1072 Main St. Class C Liquor, Class B
Wine (Catering)
(Outdoor) (Sunday)
Loras College - Athletic and
Wellness Center
1600 Loras College
Parkway
Class C Liquor (Catering)
(Outdoor) (Sunday)
Rainbow Lounge 36 W . 4th St. Class C Liquor (Sunday)
New
Dimensional Brewing
Company
67 Main St. Class B Beer (Outdoor)
Sunday)
Fast Freddy's 3130 Jackson St. Class C Liquor (Sunday)
TownePlace Suites by
Marriott
1151 Washington St. Special Class C Liquor,
Class B Wine (Living)
(Sunday)
Passed, approved and adopted this 15th day of October 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Resnick 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 Shaw. Motion carried 7-0.
14
1. Kerper Blvd. Sanitary Sewer Reconstruction Project Initiate: City Manager
recommending preliminary approval of the construction plans and specifications and
authorize the public bidding procedure for the Kerper Blvd. Sanitary Sewer
Reconstruction Project. It is further recommended that a public hearing be set for
November 5, 2018. Upon motion the documents were received and filed, and Resolution
No. 310-18 Kerper Blvd. Sanitary Sewer Reconstruction was adopted setting a public
hearing for a meeting to commence at 6:00 p.m. on November 5, 2018 in the Historic
Federal Building.
RESOLUTION NO. 310-18
KERPER BLVD. SANITARY SEWER RECONSTRUCTION
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 Kerper
Blvd. Sanitary Sewer Reconstruction in the estimated amount $3,894,152.10, 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 5th day of November 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 agai nst the
proposed plans and specifications, form of contract and estimated cost of said Project,
and the City Clerk be and is hereby directed to cause the attached notice of the time and
place of such hearing to be published in a newspaper having general ci rculation in the
City of Dubuque, Iowa, which notice shall be published not less than four days nor more
than twenty days prior to the date of such hearing. At the hearing, any interested person
may appear and file objections to the proposed plans, specifi cations, form of contract, or
estimated cost of the Project.
The Kerper Blvd. Sanitary Sewer Reconstruction is hereby ordered to be advertised
for bids for construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the
improvements herein provided, by publishing the Notice to Bidders to be published on the
City of Dubuque website and a contractor plan room service with statewide circulation,
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 8 th day of November 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 19th day of November 2018, in the Historic
Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this the 15th day of October 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Residential Parking Permit District H Amendment: City Manager recommending that
a public hearing be set for November 5, 2018, to increase the existing Residential Parking
Permit District H to include both sides of Phyllrich Drive between Keymont Drive and
15
Keystone Drive. Upon motion the documents were received and filed, and Resolution No.
311-18 Setting a public hearing on amending Residential Parking Permit District H to
include both sides of Phyllrich Drive between Keystone Drive and Keymont Drive was
adopted setting a public hearing for a meeting to commence at 6:00 p.m. on November
5, 2018 in the Historic Federal Building.
RESOLUTION NO. 311-18
SETTING A PUBLIC HEARING ON AMENDING RESIDENTIAL PARKING PERMIT
DISTRICT H TO INCLUDE BOTH SIDES OF PHYLLRICH DRIVE BETWEEN
KEYSTONE DRIVE AND KEYMONT DRIVE
Whereas, the City of Dubuque, pursuant to Ordinance 9 -14-321.740 of the Code of
Ordinances, has received a letter from Mr. Trevor Blum requesting that the area described
as follows be included in Residential Parking Permit District H:
Phyllrich Drive between Keystone Drive and Keymont Drive; and
Whereas, the City Manager, in accordance with Ordinance 9-14-321.740 recommends
that Residential Parking Permit District H be amended to include such areas and that the
City Council set a public hearing on the request to amend Residential Parking Permit
District H.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council finds and determines that the request from Mr. Trevor
Blum is valid for Phyllrich Drive, in Residential Parking Permit District H.
Section 2. That the City Clerk be authorized and directed to publish a notice of public
hearing on amending Residential Parking Permit District H, to be held on November 5,
2018.
Passed, approved and adopted this 15th day of October 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. State Revolving Fund (SRF) Sanitary Sewer Capital Loan Notes Series 2018C : City
Manager recommending that a public hearing be set for November 5, 2018, on the
proposition of selling not to exceed $4,900,000 in Sewer Revenue Capital Loan Notes
(State Revolving Loan Fund Program), the proceeds of which will be used to pay costs
for Kerper Boulevard Sanitary Sewer Reconstruction and the Eagle Point Park
Environmental Restoration Sponsorship project. Upon motion the documents were
received and filed, and Resolution No. 312-18 Fixing Date for a meeting on the
authorization of a Loan and Disbursement Agreement and the issuance of not to exceed
$4,900,000 Sewer Revenue Capital Loan Notes of the City of Dubuque, Iowa, and
providing for publication of notice thereof was adopted setting a public hearing for a
meeting to commence at 6:00 p.m. on November 5, 2018 in the Historic Federal Building.
RESOLUTION NO. 312-18
FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AND
DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED
$4,900,000 SEWER REVENUE CAPITAL LOAN NOTES OF THE CITY OF DUBUQUE,
IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF
16
Whereas, it is deemed necessary and advisable that the City of Dubuque, Iowa should
provide for the authorization of a Loan and Disbursement Agreement and the issuance of
Sewer Revenue Capital Loan Notes, in the amount of not to exceed $4,900,000, as
authorized by Sections 384.24A and 384.83, Code of Iowa, as amended, for the purpose
of providing funds to pay costs as hereinafter described; and
Whereas, the City has applied for a loan through the Iowa Water Pollution Control
Works Financing Program pursuant to which the Iowa Finance Authority has agreed to
purchase the City's Notes and has requested that such Notes be issued as a single Note
in a denomination equal to the total amount of the issue as authorized by Chapter 384
Code of Iowa; and
Whereas, the Loan and Disbursement Agreement and Note shall be payable solely
and only out of the Net Revenues of the Municipal Sewer System and shall be a first lien
on the future Net Revenues of the Utility; and shall not be general obligations of the City
or payable in any manner by taxation and the City shall be in no manner liable by reason
of the failure of the Net Revenues to be sufficient for the payment of the Loan and
Disbursement Agreement and Note; and
Whereas, before a Loan and Disbursement Agreement may be authorized and Sewer
Revenue Capital Loan Notes issued to evidence the obligation of the City thereunder, it
is necessary to comply with the provisions of the Code of Iowa, as amended, and to
publish a notice of the proposal and of the time and place of the meeting at which the
Council proposes to take action for the authorization of the Loan and Disbursement
Agreement and Notes and to receive oral and/or written objections from any resident or
property owner of the City to such action.
NOW, THEREFORE, BE IT RESOLVED BY THE City Council OF THE City of
Dubuque, STATE OF IOWA:
Section 1. That this City Council meet in the Historic Federal Building, 350 West 6th
Street, Dubuque, Iowa, at 6:00 o'clock p.m., on the 5th day of November, 2018, for the
purpose of taking action on the matter of the authorization of a Loan and Disbursement
Agreement and the issuance of not to exceed $4,900,000 Sewer Revenue Capital Loan
Notes to evidence the obligations of the City thereunder, the proceeds of which will be
used to provide funds to pay the costs of acquisition, construction, reconstruction,
extending, remodeling, improving, repairing and equipping all or part of the Municipal
Sewer System, including those costs associated with the Kerper Boulevard sanitary
sewer reconstruction project and the Eagle Point Park Environmental Restoration Project.
Section 2. That the Clerk is hereby directed to cause at least one publication to be
made of a notice of said meeting, in a legal newspaper, printed wholly in the English
language, published at least once weekly, and having general circulation in said City, said
publication to be not less than four clear days nor more than twenty days before the date
of said public meeting on the issuance of the Notes.
Section 3. The notice of the proposed action shall be in substantially the [provided]
form:
Passed, approved, and adopted this 15th day of October 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
17
BOARDS/COMMISSIONS
Appointments were made to the following commissions.
1. Airport Commission: One, 4-year term through July 1, 2022 (Vacant term of
Chambers). Applicant: Michael Phillips, 1029 Dunham Dr. Motion by Jones to appoint Ms.
Phillips to the 4-year term. Seconded by Resnick. Motion carried 7-0.
2. Housing Commission: One, 3-year term through August 17, 2021 (Vacant term of
Hoeper). Applicants: Michelle Becwar, 2115 Coates St.; Antonino T. Erba, 1505 Fairview
Pl. Upon roll-call vote: (Becwar = 4, Jones, Resnick, Buol, Del Toro; Erba =3, Larson,
Shaw Rios), Ms. Becwar was appointed to the 3 -year term.
3. Human Rights Commission: One, 3-year term through January 1, 2020 (Vacant term
of Perry). Applicants: Jason Keeler, 3259 Arrowwood Ln. (Additional Application); Erin
Muenster, 2030 Embassy West Dr.; David Olson, 909 Spires Dr.; Samuel Wright, 508
West Locust St. Upon roll-call vote (Keeler = -0-; Muenster = 4, Resnick, Larson, Shaw
Rios; Olson =3, Jones, Buol, Del Toro; Wright = -0-), Ms. Muenster was appointed to the
3-year term.
4. Resilient Community Advisory Commission: One, 3-year term through July 1, 2020
(Vacant term of Hoeper). Applicants: Lalith Jayawickrama, 2360 Cherry St.; Laura
Loucks, 444 ½ 5th St., (application pulled by applicant). Motion by Larson to appoint Mr.
Jayawickrama to the 3-year term. Seconded by Del Toro. Motion carried 7 -0.
PUBLIC HEARINGS
1. John F. Kennedy Road Sidewalk Installation Project: Proof of publication on notice
of public hearing to consider approval of the plans, specifications, form of contract and
the estimated cost for the John F. Kennedy Road Sidewalk Installation Project, and the
City Manager recommending approval. Motion by Jones to receive and file the documents
and adopt the proposed resolutions. Motion failed 5-2 with Del Toro and Rios voting nay.
[unanimous vote required due to percentage of opposition]. City Council listened to public
input, engaged in a lengthy discussion and reviewed options before voting.
Residents who spoke in opposition to the project: Victoria Nauman, 2571 JFK Rd.;
Jolene Rettenberger, 2291 Gordon Dr.; Tina Medley, 2690 Marywood Dr.; Kathy Spear,
2531 JFK. Rd. and father, 2639 JFK Rd.; Sheri Clancy, 2691 Marywood Dr.; Carol Meyer,
2644, JFK Rd.; Dave Unsen, 3078 JFK Rd.
Residents who spoke in favor of the project: Dr. Sara Jacobite-Kizzier, 2491 Millstone
Dr.; Daughter of Steve Moline, 3285 Spring Valley Rd.; Bill Stoffel, 2905 Fox Hollow Dr.;
Nathan Gilmore, 3240 Spring Valley Rd.; Charles Winterwood, 1555 Montrose Tr.; Ron
Tallman, 3135 Castlewood Ln.; Drew Kluesner, 3070 Spring Valley Rd.
2. Miracle League of Dubuque Lease Agreement - Veterans' Memorial Park: Proof of
publication on notice of public hearing to consider approval of a Lease Agreement
between the City of Dubuque, Iowa, and the Miracle League of Dubuque for a portion of
18
Veterans’ Memorial Park, and the City Manager recommending approval. Merlin Santjer,
2955 Arbor Hills Dr., spoke in favor of this agreement. Motion by Jones to receive and file
the documents and adopt Resolution No. 316-18 Approving the disposal of an interest in
real property owned by the City of Dubuque by Lease between the City of Dubuque, Iowa
and the Miracle League of Dubuque. Seconded by Larson. Motion carried 7-0.
RESOLUTION NO. 316-18
APPROVING THE DISPOSAL OF AN INTEREST IN REAL PROPERTY OWNED BY
THE CITY OF DUBUQUE BY LEASE BETWEEN THE CITY OF DUBUQUE, IOWA,
AND THE MIRACLE LEAGUE OF DUBUQUE
Whereas, the City of Dubuque, Iowa (City) owns the real property described as
Veterans Memorial Park, located at 2700 Northview Drive in the City of Dubuque, Iowa;
and
Whereas, City and Miracle League of Dubuque have negotiated a Lease Agreement
for part of Veterans Memorial Park. A copy of Lease Agreement is on file at the office of
the City Clerk, City Hall, 13th and Central Avenue, Dubuque, Iowa; and
Whereas, on October 1, 2018, the City Council approved the Miracle League Field
Agreement; and
Whereas, pursuant to notice published as required by law the City Council of the City
of Dubuque held a public hearing on its intent to dispose of the foregoing interest in real
property by Lease Agreement and overruled all objections thereto; and
Whereas, the City Council believes it is in the best interests 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. That the Lease Agreement between the City of Dubuque and Miracle
League of Dubuque attached hereto is hereby approved and the Mayor is authorized to
execute said Lease Agreement on behalf of the City of Dubuque.
Section 2. That the City Manager is authorized to take such actions as are necessary
to carry out the terms of the Lease Agreement as herein approved.
Passed, approved and adopted this 15th day of October, 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Planned Unit Development (PUD) Amendment for South Pointe Subdivision : Proof
of publication on notice of public hearing to consider approval of a request from Dubuque
South Pointe, LLC to amend the South Pointe PUD to revise townhouse setback
requirements in the South Pointe Subdivision, and the Zoning Advisory Commission
recommending approval subject to decks having a rear-yard setback of two feet. Planning
Services Manager Laura Carstens provided a staff report. 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 Resnick. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 39-18 Amending
Title 16 of the City of Dubuque Code of Ordinanc es Unified Development Code by
rescinding Ordinance 14-18 which provides regulations for the South Pointe PUD
19
Planned Unit Development District with a Planned Residential Designation and now being
amended to modify setback requirements for Townhouse Dwellings. Seconded by
Resnick. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 39-18
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES UNIFIED
DEVELOPMENT CODE BY RESCINDING ORDINANCE 14-18 WHICH PROVIDES
REGULATIONS FOR THE SOUTH POINTE PUD PLANNED UNIT DEVELOPMENT
DISTRICT WITH A PLANNED RESIDENTIAL DESIGNATION AND NOW BEING
AMENDED TO MODIFY SETBACK REQUIREMENTS FOR TOWNHOUSE
DWELLINGS
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
Development Code, is hereby amended by rescinding Ordinance 14-16 which provides
regulations for a Planned Unit Development District with a Planned Commercial District
designation for South Pointe, and now being amended to modify setback requirements
for townhouse dwellings.
As shown in Exhibit 1, and to the centerline of the adjoining public right -of-way,
all in the City of Dubuque, Iowa.
Section 2. Attached hereto and made a part of this zoning reclassific ation approval is
the Conceptual Development Plan for the South Pointe Planned Unit Development
marked Exhibit 1. It is recognized that minor shifts or modifications to the general plan
layout may be necessary and compatible with the need to acquire workab le street
patterns, grades, and usable building sites. The general plan layout, including the
relationship of land uses to the general plan framework and the development
requirements shall be used as the implementation guide.
A. Use Regulations
Zone A: General Purpose and Description: Zone A is intended to provide building
lots for single-family detached dwellings and accessory structures as well as park and
open space.
1. Development of property within Zone A of the South Pointe Planned Unit
Development shall be regulated by Section 16-5-2 of the City Code, R-1 Single-
Family Residential.
Zone B: General Purpose and Description: Zone B is intended to provide building
lots for multi-Family Residential dwellings including two-unit and three-unit laterally
attached dwellings and accessory structures.
1. Development of property with Zone B of the South Pointe Planned Unit
Development shall be regulated by Section 16 -5-5 of the Unified Development
Code, R-3 Moderate Density Multi-Family Residential, except that lots with two-unit
townhomes and duplexes are allowed 50 percent maximum lot coverage, 10 -foot
front yard and rear yard setbacks. Open decks are allowed a 2-foot rear yard
setback, but may not encroach on access and utility easements.
Zone C: General Purpose and Description: Zone C is intended to provide space for
commercial businesses to serve South Pointe and the surrounding community.
20
1. Development of property within Zone C of the South Pointe Planned Unit
Development shall be regulated by the provisions of Section 16-5-11 of the Unified
Development Code, C-2 Neighborhood Shopping Center District.
B. Bulk Regulations
Development of land within Zones A, B and C shall be regulated as follows:
Min
Lot
Area
Min Lot
Frontage
Max Lot
Coverage
Setbacks
Max
Height
Front
(feet)
Min
Side
Min
Rear
Zone A
(sq.
feet) (feet)
(% lot
area) Min Max (feet) (feet) (feet)
Permitted Uses
Place of religious exercise or assembly,
school 20,000 100 40 20 --- 20 20 75 1
Single family detached dwelling 5,000 50 40 20 50 6 20 30
Conditional Uses
Bed and breakfast home 5,000 50 40 20 50 6 20 30
Licensed adult day services, Licensed
child care center 5,000 50 40 20 --- 6 20 30
Mortuary, funeral home or crematorium 20,000 100 40 20 --- 20 20 30
1 May be erected to a height not exceeding 75 feet, provided that such buildings shall provide at least one
additional foot of yard space on all sides for each additional foot by which such building exceeds the maximum
height limit of the district in which it is located.
Min Lot
Area
Min Lot
Frontage
Max Lot
Coverage
Setbacks
Max
Height
Front
(feet)
Min
Side
Min
Rear
Zone B
(sq.
feet) (feet)
(% lot
area) Min Max (feet) (feet) (feet)
Permitted Uses
Multiple-family (six du max) 2,000/du 50 40 20 --- 4 20 30
Place of religious exercise or assembly,
School 20,000 100 40 20 --- 20 20 75 1
Single-family detached dwelling 5,000 50 40 20 50 4 20 30
Townhouse (six du max) 1,600/du 16/du 50 10 --- 4/0 10 30
Two-family dwelling 5,000 50 50 10 50 4 10 30
Conditional Uses
Individual zero lot line dwelling 5,000 50 40 20 50 10/0 20 30
Bed and breakfast home 5,000 50 40 20 50 4 20 30
Group home 5,000 50 40 20 --- 4 20 30
Hospice 5,000 50 40 20 --- 4 20 30
Housing for the elderly or disabled 20,000 100 40 20 --- 20 20 30
Licensed adult day services, Licensed
child care center 5,000 50 40 20 --- 4 20 40
Mortuary, funeral home, or crematorium 20,000 100 40 20 --- 20 20 30
Nursing or convalescent home 20,000 100 40 20 --- 20 20 30
Off-premise residential garage --- --- --- 20 --- 4 6 15
Rooming or boarding house 5,000 50 40 20 --- 4 20 30
1 May be erected to a height not exceeding 75 feet, provided that such buildings shall provide at least one
additional foot of yard space on all sides for each additional foot by which such building exceeds the maximum
height limit of the district in which it is located.
21
Min Lot
Area
Min Lot
Frontage
Max Lot
Coverage
Setbacks
Max
Height
Front (feet) Min
Side 2
Min
Rear 3
Zone C (sq. feet) (feet) (% lot area) Min Max (feet) (feet) (feet)
All Uses 10 1 30
1 Minimum 20 feet for garages facing a street
2 When abutting a residential or office-residential district, a 20-foot side setback is required
3 When abutting a residential or office-residential district, a 20-foot rear setback is required
C. Parking and Loading Regulations
1. The number, size and design of parking spaces shall be governed by
applicable provisions in Articles 13 and 14 of the City of Dubuque Unified
Development Code.
2. The number, size and 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. The location and number of private driveway intersections with public streets
shall be reviewed and approved by the City Engineer.
D. Sign Regulations
1. Applicability of City of Dubuque Ordinances: The provisions of the City of
Dubuque Unified Development Code Article 15 Signs shall apply unless further
regulated by this section
2. Signage for development zones within the South Pointe Planned Unit
Development shall be regulated as follows:
a. Within Zone A, Sign Regulations for the R-1 Single-Family Residential
District, Section 16-15-11.1 of the Unified Development Code, shall be
followed.
b. Within Zone B. Sign Regulations for the R-3 Moderate Density Multi-
Family Residential District, Section 16-14-11.1 of the Unified Development
Code, shall be followed.
c. Within Zone C, Sign Regulations for the C-3 Neighborhood Shopping
Center District, Section 16-156-11.6 of the Unified Development Code, shall
be followed.
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
Adjustment in accordance with Article 8-6 of the Unified Development Code.
E. Performance Standards
The development and maintenance of uses in this PUD District shall be established in
conformance with the following standards
1. No more than 100 dwelling units shall be allowed to be developed until such
time that a second public street access or secondary emergency access is
developed to serve South Pointe.
2. A six-foot high privacy fence along South Pointe Drive shall be allowed
provided the fence is installed in compliance with SUDAS standards.
3. Platting: The conceptual development plan shall serve as the preliminary
plat for this PUD District. Subdivision plats and improvement plans shall be
22
submitted in accordance with Article 11. Land Subdivision, of the City of Dubuque
Unified Development Code.
4. Site Plans: Final site development plans shall be submitted in accordance
with Article 12 Site Plans and Article 13 Site Design Standards prior to
construction of each building and vehicle-related feature unless otherwise
exempted by Article 12.
5. 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 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 Dub uque relative to storm
water management and drainage shall apply to properties in the PUD District.
6. Other Codes and Regulations: These regulations do not relieve an 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 in the PUD District.
F. Ordinance History
1. Ordinance 14-16 established regulations for the South Pointe Planned Unit
Development.
2. Ordinance 43-17 amended South Pointe Planned Unit Development
regulations to designate additional building lots for townhomes.
3. Ordinance 14-18 amended South Pointe Planned Unit Development
regulations to modify setback and lot coverage requirements for double -frontage
lots and allow for a privacy fence along South Pointe Drive.
G. Transfer of Ownership: Transfer of ownership or lease of property in this PUD
District shall include in the transfer or lease agreement a provision that the purchaser or
lessee acknowledges awareness of the conditions authorizing the establishment of the
district.
H. Modifications: Any modifications of this Ordinance must be approved by the City
Council in accordance with zoning reclassification proceedings of Article 9-5 of the Unified
Development Code.
I. Recording: A copy of this ordinance shall be recorded at the expense of the property
owner(s) with the Dubuque County Recorder a permanent record of the conditions
accepted as part of this reclassification approval within thirty (30) days after the adopti on
of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs,
successors and assigns.
Section 3. The foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 4. This Ordinance shall take effect upon publication as provided by law.
Passed, approved, and adopted this 15th day of October 2018.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 19th day of October 2018.
/s/Kevin S. Firnstahl, City Clerk
23
4. Request to Rezone - 701 Bluff Street: Proof of publication on notice of public hearing
to consider approval of a request from K&L Leasing, LLC to rezone property at 701 Bluff
Street from OR Office Residential to C-4 Downtown Commercial Zoning District, and the
Zoning Advisory Commission recommending approval. Applicant Ken Lin was present to
answer questions. Planning Services Manager Laura Carstens provided a staff report.
Motion by Shaw 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 Jones. Motion
carried 7-0.
Motion by Shaw for final consideration and passage of Ordinance No. 40-18 Amending
Title 16 of the City of Dubuque Code of Ordinances Unified Development Code by
rescinding Ordinance 14-18 which provides regulations for the South Pointe PUD
Planned Unit Development District with a planned Residential Designation and now being
amended to modify setback requirements for Townhouse Dwellings . Seconded by Jones.
Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 40-18
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES,
UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 701 BLUFF STREET FROM OR OFFICE RESIDENTIAL
DISTRICT TO C-4 DOWNTOWN COMMERCIAL 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
Development Code, is hereby amended by reclassifying the hereinafter described
property from OR Office Residential District to C-4 Downtown Commercial District, to wit:
Lot 1 of 2 of 2 City Lot 653 and Lot 1 of 3 City Lot 653A, and to the centerline of
the adjoining public right-of-way, all in the city of Dubuque, Iowa.
Section 2. The foregoing amendment has heret ofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided
by law.
Passed, approved and adopted this 15th day of October 2018.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 19 th day of October 2018.
/s/Kevin S. Firnstahl, City Clerk
PUBLIC INPUT
Residents who spoke in opposition to the 5G small cell tower installations: Bryan Blair
3895 Creston St.; Karin Harbin, 1805 Rosemont St.; Jim Earles, 2811 Buena Vista St.;
Cynthia Cachota, 8 Lindberg Tr.
Daniel Scott, 611 University Avenue, expressed his concerns with drug abuse in
Dubuque and provided a resume.
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ACTION ITEMS
1. Water Main Extension to Tamarack Park Project Award: City Manager
recommending award of the Tamarack Park Water Main Extension Project 2018 contract
to the low bidder Top Grade Excavating, Inc. Motion by Resnick to receive and file the
documents and adopt Resolution No. 317-18 Awarding Water Main Extension to
Tamarack Park Project. Seconded by Del Toro. Motion carried 7-0.
RESOLUTION NO. 317-18
AWARDING WATER MAIN EXTENSION TO TAM ARACK PARK
Whereas, sealed proposals have been submitted by contractors for the Water Main
Extension to Tamarack Park Project, (the Project) pursuant to Resolution No. 265-18 and
the Notice to Bidders was posted on the Master of Builders of Iowa plan room and the
City of Dubuque, Iowa website on the 7th day of September 2018; and
Whereas, said sealed proposals were opened and read on the 25 th day of September
2018, and it has been determined that Top Grade Excavating Inc. of Farley, Iowa with a
bid in the amount of $443,292.41 is the lowest responsive, responsible bidder for the
Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Top Grade
Excavating, Inc. and the City Manager is hereby directed to execute a Public
Improvement Contract on behalf of the City of Dubuque for the Project.
Passed, approved, and adopted this 15th day of October 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Request to Reconsider - Southwestco Wireless, LLC Lease Supplements (October
1, 2018): Correspondence from Council Member Jake Rios requesting reconsideration of
the October 1, 2018 Public Hearing Item: Intent to Dispose of an Interest in Real Property
Owned by the City of Dubuque by Lease Supplements Between the City of Dubuque,
Iowa and Southwestco Wireless, Inc. D/B/A Verizon Wireless. Motion by Rios to Receive
and file and reconsider the vote previously taken regarding Lease Supplement DBQ
Asbury SC7—Lease Supplement known as the Creston Street tower location. Seconded
by Larson. City Attorney Crenna Brumwell supplied the City Council with documentation
citing the potential legal ramifications for breaking a fully executed lease agreement.
Public Health Specialist Mary Rose Corrigan responded to questions regarding health
risks to low-frequency towers at this time. Motion carried 4-3 with Jones, Resnick and
Buol voting nay.
Motion by Larson to receive and file the document and direct staff to request a change
in the location of the Creston Street tower with the understanding that if Soutwestco
Wireless denies the request, the license agreement stands as is. Seconded by Del Toro,
Motion carried 4-3 with Jones, Resnick and Buol voting nay.
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3. Replace Part-Time with Full-Time Bus Operator Positions: City Manager
recommending that three part-time positions be eliminated December 1, 2018 and
replaced with three full-time positions effective that same date. Personnel Manager
Randy Peck provided a staff report. Motion by Jones to receive and file the documents
and approve the recommendation. Seconded by Del Toro. Motion carried 7 -0.
4. Code of Ordinances Amendment - Title 10 Use of Personal Cooking Devices in
Parks, Parkways, Trails or Open Spaces: City Manager recommending approval of an
amendment to Section 10-5B-17 of the Code of Ordinances to add language that allows
the use of personal cooking devices in parks, parkways, trails or open spaces. This
amendment will allow the use of portable charcoal and gas grills. 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 To ro. Motion carried 6-0 with
Jones having momentarily left the chambers.
Motion by Resnick for final consideration and passage of Ordinance No. 41 -18
Amending the City of Dubuque Code of Ordinances Title 10 Public Ways and Property,
Chapter 5 Parks and Recreation, Article B Use Regulations, Section 10-5B-17 Fires.
Seconded by Del Toro. Motion carried 6-0 with Jones having momentarily left the
chambers.
OFFICIAL PUBLICATION
ORDINANCE NO. 41-18
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 10 PUBLIC WAYS
AND PROPERTY, CHAPTER 5 PARKS AND RECREATION, ARTICLE B USE
REGULATIONS, SECTION 10-5B-17 FIRES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 10-5B-17 of the City of Dubuque Code of Ordinances is amended
to read as follows:
10-5B-17: FIRES: No person shall start any fire in any park or upon any parkway, trail,
or open space, except small fires for cooking, heat, or recreation may be made in the
places in parks, parkways, trails, or open spaces in accordance with policies adopted by
the City Manager. Every person who starts or uses any such fire is hereby charged with
the duty of completely extinguishing such fire before leaving the park, parkway, trail, or
open space.
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 15th day of October 2018.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 19 th day of October 2018.
/s/Kevin S. Firnstahl, City Clerk
5. Iowa Department of Transportation Iowa Clean Air Attainment Program (ICAAP)
Federal Fiscal Year 2020 Grant Funding for Smart Traffic Routing with Efficient and
Effective Traffic Signals (STREETS) Improvements: City Manager recommending
26
approval to submit an application in partnership with Dubuque Metropolitan Area
Transportation Study (DMATS) for an Iowa Department of Transportation Iowa Clean Air
Attainment Program (ICAAP) application to assist with funding Smart Traffic Routing with
Efficient and Effective Traffic Signals (STREETS) improvements. Chandra Ravada of
East Central Intergovernmental Association gave a brief description of the Dubuque
Metropolitan Area Transportation Study (DMATS). Motion by Del Toro to receive and file
the documents and adopt Resolution No. 317 -18 Authorizing the filing of an Iowa Clean
Air Attainment Program Application with the Iowa Department of Transportation (IADOT)
in partnership with Dubuque Metropolitan Area Transportation Study (DMATS) to assis t
with the funding of Smart Traffic Routing with Efficient and Effective Traffic Signals
(Streets) Improvements. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 317-18
AWARDING WATER MAIN EXTENSION TO TAMARACK PARK
Whereas, sealed proposals have been submitted by contractors for the Water Main
Extension to Tamarack Park Project, (the Project) pursuant to Resolution No. 265-18 and
the Notice to Bidders was posted on the Master of Builders of Iowa plan room and the
City of Dubuque, Iowa website on the 7th day of September 2018; and
Whereas, said sealed proposals were opened and read on the 25 th day of September
2018, and it has been determined that Top Grade Excavating, Inc. of Farley, Iowa with a
bid in the amount of $443,292.41 is the lowest responsive, responsible bidder for the
Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Top Grade
Excavating, Inc. and the City Manager is hereby directed to execute a Public
Improvement Contract on behalf of the City of Dubuque for the Project.
Passed, approved, and adopted this 15th day of October 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. Additional General Fund Reserve Contribution and Frozen Positions: City Manager
recommending approval of an additional contribution to the general fund reserve in Fiscal
Year 2019 and funding all frozen positions effective January 1, 2019, with exception of
the Parks Division maintenance worker which will be funded March 1, 2019. Motion by
Larson to receive and file the documents and approve the recommendation. Seconded
by Jones. Motion carried 7-0.
7. Request for Work Session - Travel Dubuque Quarterly Work Session: Travel
Dubuque President & CEO Keith Rahe requests the City Council schedule a work session
for November 5, 2018 at 5:30 p.m. in the Council Chambers for the Travel Dubuque
quarterly update. Motion by Jones to receive and file the documents and set the work
session as recommended. Seconded by Resnick. Motion carried 7-0.
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8. Request for Work Session - Sustainable Dubuque Quarterly Work Session: City
Manager requesting that the City Council schedule the Sustainable Dubuque quarterly
work session for Monday, November 26, 2018 at 6:00 p.m. in City Council Chambers.
Motion by Jones to receive and file the documents and set the work session as
recommended. Seconded by Rios. Motion carried 7-0.
There being no further business, upon motion the City Council adjourned at 10:26 p.m.
/s/Trish L. Gleason, CMC, Assistant City Clerk