6 21 21 City Council Proceedings OfficialCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on June 21, 2021.
Due to the COVID-19 pandemic and mandates for social distancing, this meeting was
conducted virtually and aired live on CityChannel Dubuque (Mediacom cable channels 8
and 117.2), streamed live on the City's website at www.citvofdubuque.org/media, and
streamed live on the City's Facebook page at www.facebook.com/citvofdubugue.
Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell,
Sprank; City Manager Van Milligen and 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
PRESENTATION(S)
1. COVID-19 Update: Mary Rose Corrigan, Public Health Specialist for the City of
Dubuque, provided an update on the COVID-19 pandemic and response activities.
PROCLAMATION(S)
1. Key City Pride Week Proclamation (June 21-27, 2021) was accepted by Rio Suave
on behalf of Key City Pride.
2. Pollinator Week Proclamation (June 21-27, 2021) was accepted by Gina Bell on
behalf of Sustainable Dubuque.
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Roussell. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council Proceedings of 6/7; City Council Com-
pensation Task Force of 6/9; Library Board of Trustees of 4/22; Zoning Advisory Com-
mission of 6/2; Zoning Board of Adjustment of 5/27; Proof of Publication for City Council
Proceedings of 5/17 and 5/19; Proof of Publication for List of Claims and Summary of
Revenue for Month Ending 4/30. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Connor Ambrosy for vehicle damage and Joseph Moez
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for personal injury. Upon motion the documents were received, filed, and referred to the
City Attorney.
3. Disposition of Claims: City Attorney advised that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As-
surance Pool: Connor Ambrosy for vehicle damage; Joseph Moez for personal injury.
Upon motion the documents were received, filed, and concurred.
4. Approval of City Expenditures: City Manager recommended City Council approval
for payment of City expenditures. Upon motion the documents were received and filed,
and Resolution No. 199-21 Authorizing the Director of Finance and Budget/City Treasurer
to make certain payments of bills that must be paid and approved for payment in accord-
ance with City procedures was adopted.
RESOLUTION NO. 199-21
AUTHORIZING THE DIRECTOR OF FINANCE AND BUDGET / CITY TREASURER TO
MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR
PAYMENT IN ACCORDANCE WITH CITY PROCEDURES
Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that
the Finance Director -City Treasurer shall keep an accurate account of all disbursements,
money, or property, specifying date, to whom, and from what fund paid; and
Whereas, the invoices, presented by those firms and persons providing such goods
and services have been pre -audited by Finance Department personnel in accordance
with generally accepted internal control procedures and have been determined to have
been requisitioned for a lawful municipal purpose; and
Whereas, the Finance Director -City Treasurer has provided a list of Expenditures at-
tached hereto, and by this reference made a part hereof, to be drawn to pay for goods
and services provided for City purposes; and
Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142-
18 adopted May 7, 2018, authorized the Finance Director -City Treasurer to issue checks
in payment of certain expenditures known as Exception Expenditures prior to City Council
approval and such list is attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Finance Director -City Treasurer is hereby authorized to issue payment
for goods and services provided for City purposes in response to the purchase orders
and contracts issued in compliance with state and municipal code requirements as re-
quested by designated requisitioning authorities in accordance with approved budget ap-
propriations.
Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance
Director are hereby authorized and directed to provide the statement of receipts and dis-
bursements to the City Council, and to publish a summary thereof.
Passed, approved, and adopted this 21 st day of June 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
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5. Resolution Appointing UMB Bank, N.A. as Substitute Paying Agent, Bond Registrar,
and Transfer Agent; terminating existing Paying Agent, Bond Registrar and Transfer
Agent Agreements with Wells Fargo Bank, N.A.; and Approving the Paying Agent, Bond
Registrar and Transfer Agent Agreement with UMB Bank, N.A. and Authorizing Execution
of the Agreement: City Manager recommended approval of the suggested proceedings
to appoint UMB Bank, N.A. to serve as the successor Paying Agent, Bond Registrar, and
Transfer Agent in connection with all outstanding bonds, terminate existing paying agent,
bond registrar and transfer agent agreements with Wells Fargo Bank, N.A.; and approve
the paying agent, bond registrar and transfer agent agreement with UMB Bank, N.A. and
authorize execution of the agreement. Upon motion the documents were received and
filed, and Resolution No. 200-21 Appointing UMB Bank, N.A. as Substitute Paying Agent,
Bond Registrar, and Transfer Agent; Terminating Existing Paying Agent, Bond Registrar
and Transfer Agent Agreements with Wells Fargo Bank, N.A.; and Approving the Paying
Agent, Bond Registrar and Transfer Agent Agreement with UMB Bank, N.A. and author-
izing execution of the agreement was adopted.
RESOLUTION NO. 200-21
APPOINTING UMB BANK, N.A. AS SUBSTITUTE PAYING AGENT, BOND REGIS-
TRAR, AND TRANSFER AGENT; TERMINATING EXISTING PAYING AGENT, BOND
REGISTRAR AND TRANSFER AGENT AGREEMENTS WITH WELLS FARGO BANK,
N.A.; AND APPROVING THE PAYING AGENT, BOND REGISTRAR AND TRANSFER
AGENT AGREEMENT WITH UMB BANK, N.A. AND AUTHORIZING EXECUTION OF
THE AGREEMENT
Whereas, the City of Dubuque (the "Issuer") has previously provided for the appoint-
ment of Wells Fargo Bank, N.A. to serve as Paying Agent, Bond Registrar and Transfer
Agent for the outstanding obligations listed in Exhibit "A" attached hereto and made a part
hereof (collectively the "Bonds"), pursuant to one or more Paying Agent, Bond Registrar,
and Transfer Agent Agreements (the "Agreements"); and
Whereas, the Issuer has now determined that it is in the best interest of the Issuer to
terminate the existing Agreements with Wells Fargo Bank, N.A. and substitute and ap-
point UMB Bank, N.A. of West Des Moines, Iowa ("UMB Bank, N.A."), to serve as the
successor Paying Agent, Bond Registrar and Transfer Agent for the Bonds to provide for
compliance with rules, regulations, and requirements governing the registration, transfer,
and payment of the Bonds; and
Whereas, the Agreements provide that they may be terminated by either party by giv-
ing the other party at least 90 days advance written notice, unless waived; and
Whereas, Wells Fargo Bank, N.A. has agreed to a transition date of July 2, 2021; and
Whereas, a new successor Paying Agent, Bond Registrar and Transfer Agent Agree-
ment appointing UMB Bank, N.A. as Paying Agent, Registrar and Transfer Agent for the
Bonds has been prepared.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
Section 1. That effective on July 2, 2021, UMB Bank, N.A. is appointed to serve as the
successor Paying Agent, Bond Registrar, and Transfer Agent in connection with the
Bonds.
Section 2. That the Issuer shall, if not previously done, provide for prompt written notice
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of termination to Wells Fargo Bank, N.A. or secure the waver thereof, and direct that
notice also be given to each registered bondholder.
Section 3. That the Director of Finance & Budget, City Clerk and Mayor are directed to
proceed on behalf of the Issuer to take all action necessary to as may be required to allow
UMB Bank, N.A. to assume duties as Paying Agent, Bond Registrar and Transfer Agent
for the Bonds listed on Exhibit "A" attached hereto.
Section 4. That the Paying Agent, Bond Registrar, and Transfer Agent Agreement with
UMB Bank, N.A. is hereby approved and that the Mayor and City Clerk are hereby au-
thorized to sign the Agreement on behalf of the Issuer.
Section 5. That Notice of this appointment shall be filed on the EMMA website within
10 business days after the effective date of the appointment of UMB Bank, N.A., pursuant
to this Resolution.
Passed and approved this 21 st day of June 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
6. Preliminary Plat of Silver Oaks Estates No. 3: Zoning Advisory Commission recom-
mended approval of the Preliminary Plat of Silver Oaks Estates No. 3. Upon motion the
documents were received, filed, and approved.
7. Preliminary Plat of Ridge View Acres: Zoning Advisory Commission recommend
approval of the Preliminary Plat of Ridge View Acres. Upon motion the documents were
received, filed, and approved.
8. Final Plat of Schmitt Estates: Zoning Advisory Commission recommended approval
of the Final Plat of Schmitt Estates, subject to waiving the lot frontage requirement for
Lots 3 & 4 of Schmitt Estates; and requiring that if the private portion of Robin Hood Drive
is not accepted as a public street, the property owner obtain an access easement along
Block 5 & Block 6 Sherwood Park to provide access from the publicly dedicated Robin
Hood Drive to the subject property. Upon motion the documents were received and filed,
and Resolution No. 201-21 Approving the Final Plat: Schmitt Estates, Dubuque County,
Iowa was adopted.
RESOLUTION NO. 201-21
APPROVING THE FINAL PLAT SCHMITT ESTATES, DUBUQUE COUNTY, IOWA
Whereas, there has been filed with the City Clerk a Final Plat Schmitt Estates, Dubu-
que County, Iowa that is within the City's 2-mile extraterritorial jurisdiction; and
Whereas, said Final Plat has been examined by the Zoning Advisory Commission and
its approval has been endorsed thereon; and
Whereas, said Final Plat has been examined by the City Council and they find that it
conforms to the statues and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, is waived to allow 0 feet of frontage on a public street or an
approved private street for Lots 3 & 4 of Schmitt Estates.
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Section 2. That if the private portion of Robin Hood Drive is not accepted as a public
street by the County, the property owner obtains an access easement along Block 5 &
Block 6 Sherwood Park to provide access from the publicly dedicated Robin Hood Drive
to Lots 3 & 4 of Schmitt Estates.
Section 3. That the Final Plat Schmitt Estates, Dubuque County, Iowa is hereby ap-
proved, 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 of Survey.
Passed, approved, and adopted this 21 st day of June 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
9. Pre -annexation Agreement - Dennis J. and Carol A. Schmitt Estates: City Manager
recommended approval of the Dennis J. and Carol A. Schmitt Pre -annexation agreement
in accordance with the Fringe Area Development Standards including authorization for
the Mayor to sign the agreement on behalf of the City of Dubuque. Upon motion the doc-
uments were received and filed, and Resolution No. 202-21 Approving a Pre -Annexation
Agreement between the City of Dubuque, Iowa and Dennis J. and Carol A. Schmitt was
adopted.
RESOLUTION NO. 202-21
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND DENNIS J. AND CAROL A. SCHMITT
Whereas, Dennis J. and Carol A. Schmitt, 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:
P.I.N. 1010276003- Lot 1 Of Lot 1 Of Lot 1 in the Southeast Quarter of the Northeast
Quart of Section 10, Township 89 North, Range 2 East of the 5th P.M., Dubuque
County, Iowa
P.I.N. 1010276002: Lot 2 Of Lot 1 Of Lot 1 in the Southeast Quarter of the Northeast
Quarter of Section 10, Township 89 North, Range 2 East of the 5th P.M., Dubuque
County, Iowa
Whereas, Dennis J. and Carol A. Schmitt 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 Dennis J. and Carol A.
Schmitt and the City of Dubuque is hereby approved.
Passed, approved, and adopted this 21 st day of June 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
10. Authorization of the City Manager or the City Manager's Designee to File and Re-
lease Liens on Properties Participating in the Downtown Rehabilitation Loan Program:
City Manager recommended approval of a resolution authorizing the City Manager or the
City Manager's Designee to File and Release Liens on Properties Participating in the
Downtown Rehabilitation Loan Program. Upon motion the documents were received and
filed, and Resolution No. 203-21 Authorizing the City Manager or the City Manager's de-
signee to file and release liens on properties participating in the Downtown Rehabilitation
Loan Program was adopted.
RESOLUTION NO. 203-21
AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO
FILE AND RELEASE LIENS ON PROPERTIES PARTICIPATING IN THE DOWNTOWN
REHABILITATION LOAN PROGRAM
Whereas, the City of Dubuque, Iowa by and through its Economic Development De-
partment, executes property liens and mortgage instruments on behalf of the City; and
Whereas, the various lien and mortgage instruments create an interest by the City in
the various parcels of real estate which have been rehabilitated or repaired under the
Downtown Rehabilitation Loan Program; and
Whereas, the City is frequently requested to release or dispose of its interest in said
real estate after the property owner has fulfilled the financial and other obligations of a
lien and /or mortgage instrument; and
Whereas, it is impractical to have each such release or disposition approved by the
City Council.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Manager, or the City manager's designee, is authorized to
release or dispose of the City of Dubuque interest in real estate which has been rehabili-
tated through the Downtown Rehabilitation Loan Program, upon the determination of City
Manager, or the City manager's designee that the owner has fulfilled all the terms and
conditions of the lien and/or mortgage instrument involved.
Section 2. That the City Council shall retain the authority to release or dispose of the
interest in any real estate upon which the original terms and conditions of the lien or
mortgage instruments are not fulfilled.
Section 3. That this authorization shall apply to all future releases and dispositions, as
well as to any here -to -fore released or disposed of by the Economic Development De-
partment as part of the Downtown Rehabilitation Loan Program.
Passed, approved, and adopted this 21 st day of June 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
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11. Sculptures Recommended for Inclusion in 2021-22 Art on the River Rotating Public
Art Exhibition: City Manager recommended approval of the Arts & Cultural Affairs Advi-
sory Commission's recommendations for the 2021-22 Art on the River sculpture selec-
tions and requests the use of a portion of the existing Fiscal Year 2021 program balances
to support expanding the 2021-22 exhibit from 10 to 11 sculptures. Upon motion the doc-
uments were received, filed, and approved.
12. Arts Economic Impact Study Opportunity: City Manager recommended approval
for Dubuque to participate in an economic impact study of the arts in Dubuque. Upon
motion the documents were received, filed, and approved.
13. Contracted Services Agreement - Dubuque Dream Center: City Manager recom-
mended approval of the Contracted Services Agreement with Dubuque Dream Center for
the City's financial support for Fiscal Year 2022. Upon motion the documents were re-
ceived, filed, and approved.
14. Contracted Services Agreement - Dubuque Area Labor -Management Council: City
Manager recommended approval of the Contracted Services Agreement with the Dubu-
que Area Labor -Management Council for the City's financial support for Fiscal Year 2022.
Upon motion the documents were received, filed, and approved.
15. Contracted Services Agreement - Dubuque Main Street City Manager recom-
mended approval of the Contracted Services Agreement with Dubuque Main Street for
the City's financial support for Fiscal Year 2022. Upon motion the documents were re-
ceived, filed, and approved.
16. Contracted Services Agreement - The Fountain of Youth Program: City Manager
recommended approval of the Contracted Services Agreement with the Fountain of Youth
Program for the City's financial support for Fiscal Year 2022. Upon motion the documents
were received, filed, and approved.
17. Contracted Services Agreement - Greater Dubuque Development Corporation: City
Manager recommended approval of the Contracted Services Agreement with the Greater
Dubuque Development Corporation for the City's financial support for Fiscal Year 2022.
Upon motion the documents were received, filed, and approved.
18. Contracted Services Agreement — Inclusive Dubuque: City Attorney recommended
approval of the Contracted Services Agreement with Inclusive Dubuque for the City's fi-
nancial support for Fiscal Year 2022. Upon motion the documents were received, filed,
and approved.
19. Contracted Services Agreement — Community Foundation of Greater Dubuque:
Project HOPE: City Attorney recommended approval of the Contracted Services Agree-
ment with the Community Foundation of Greater Dubuque: Project HOPE for the City's
financial support for Fiscal Year 2022. Upon motion the documents were received, filed,
and approved.
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20. FY 2022 Community Development Block Grant Updated Annual Action Plan: City
Manager recommended City Council approval of the updated Community Development
Block Grant Annual Action Plan and direct staff to transmit this plan to the U.S. Depart-
ment of Housing and Urban Development. Upon motion the documents were received
and filed, and Resolution No. 204-21 Adopting the Fiscal Year 2022 (Program Year 2021)
Community Development Block Grant (CDBG) Annual Action Plan for Inclusion in the City
Budget was adopted.
RESOLUTION NO. 204-21
ADOPTING THE FISCAL YEAR 2022 (PROGRAM YEAR 2021) COMMUNITY DEVEL-
OPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN FOR INCLUSION IN THE
CITY BUDGET
Whereas, the City of Dubuque, through a series of public meetings and hearings, pro-
posed an updated Fiscal Year 2022 (Program Year 2021) Community Development Block
Grant Annual Action Plan for inclusion in the City Budget addressing housing and non -
housing needs in the community; and
Whereas, the City Development Advisory
the proposed plan on June 16, 2021.
NOW, THEREFORE, BE IT RESOLVED
DUBUQUE, IOWA:
Commission has held a public hearing on
BY THE CITY COUNCIL OF THE CITY OF
Section 1. That the updated Community Development Block Grant Fiscal Year 2022
(Program Year 2021) Annual Action Plan, attached hereto and by this reference made a
part hereof, is hereby adopted for inclusion in the Fiscal Year 2022 City Budget on June
21, 2021.
Section 2. The City Manager is hereby authorized to directed staff to prepare and sub-
mit to the United States Department of Housing and Urban Development the updated
Fiscal Year 2022 (Program Year 2021) Annual Action Plan with all related documents, for
the use of Community Development Block Grant funds based on this adopted budget and
execute standard contracts and agreements.
Passed, approved, and adopted this 21 st day of June 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
21. Update on Rules for Use of American Rescue Plan Funds and American Rescue
Plan Act Community Engagement and Strategy Sessions: City Manager provided infor-
mation on the status of the City of Dubuque allocation of the federal American Rescue
Plan funds. Upon motion the documents were received and filed.
22. Certification of Consistency with Consolidated Plan for Legal Aid Fair Housing Ini-
tiatives Program Grant: City Manager recommended approval of the Certification of Con-
sistency with the Consolidated Plan for Legal Aid Fair Housing Initiatives Program. Upon
motion the documents were received, filed, and approved.
23. 2021 Construction Projects Impacting Traffic and Road Construction Toolkit for
Businesses: City Manager provided a copy of the 2021 Construction Projects Impacting
1.1
Traffic and Road Construction Toolkit for Businesses public information brochures. Upon
motion the documents were received and filed.
24. Clarke Drive Fiber Project from Asbury Road to North Grandview - CIP 1002871:
City Manager recommended acceptance of the construction contract for the Clarke Drive
Fiber Project from Asbury Road to North Grandview Avenue, as completed by Advanced
Directional Drillers, in the final contract amount of $88,781.00. Upon motion the docu-
ments were received and filed, and Resolution No. 205-21 Accepting the Clarke Dr Fiber
from Asbury Rd to N. Grandview Project and authorizing the payment to the contractor
was adopted.
RESOLUTION NO. 205-21
ACCEPTING THE CLARKE DR FIBER FROM ASBURY RD TO N. GRANDVIEW PRO-
JECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the Clarke Dr. Fiber from Asbury Rd. to
N. Grandview Ave. Project, (the Project) has been completed by the Contractor, Ad-
vanced Directional Drillers, (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 $88,781.00; and
Whereas, the Contractor has previously been paid $84,341.45, leaving a balance of
$4,439.05; 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 $4,439.05 as provided in Iowa Code chapter 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 21 st day of June 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
25. Northwest Arterial - Pennsylvania Avenue Right Turn Lane Project: Acceptance of
Public Improvement Contract - Iowa DOT Project No. CS-TSF-2100 (685)--85-31 CIP
3002675: City Manager recommended acceptance of the public improvement contract for
the Northwest Arterial — Pennsylvania Avenue Right Turn Lane Improvements Project, as
completed by Midwest Concrete, Inc., in the final contract amount of $370,116.25, which
is an 8.7% increase from the original contract amount of $340,575.10. Upon motion the
documents were received and filed, and Resolution No. 206-21 Accepting the Northwest
Arterial - Pennsylvania Avenue Right Turn Lane Improvement Project and authorizing the
final payment to the contractor was adopted.
RESOLUTION NO. 206-21
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ACCEPTING THE NORTHWEST ARTERIAL - PENNSYLVANIA AVENUE RIGHT
TURN LANE IMPROVEMENT PROJECT AND AUTHORIZING THE FINAL PAYMENT
TO THE CONTRACTOR
Whereas, the public improvement contract for the Northwest Arterial - Pennsylvania
Avenue Right Turn Lane Improvements Project, (the Project) has been completed by the
Contractor, Midwest Concrete, Inc. (Contractor), and the City Engineer has examined the
work and signed a certificate stating that the Project has been completed according to the
terms of the Public Improvement Contract and that the City Engineer recommends that
the Project be accepted; and
Whereas, the final contract amount for the Project is $370,116.25; and
Whereas, the Contractor has previously been paid $356,753.83, leaving a balance of
$13,362.42; 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 from the
Curb Ramp Program CIP appropriations for the contract amount of $370,116.25 less any
retained percentage provided for therein as provided in Iowa Code.
Section 3. The Finance Director is hereby directed to pay to the Contractor the balance
of the retainage of $13,362.42 as provided in Iowa Code chapter 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 the 21St day of June 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
26. Southwest Arterial Project: North Cascade Road, English Mill Road, Military Road
Bridges - Bridge Railing and Decorative Concrete Post Coloring Project Iowa DOT Project
No. STP-U-2100 (693)--70-31: City Manager recommended acceptance of the construc-
tion contract for the Southwest Arterial - North Cascade Road, English Mill Road, and
Military Road - Local Bridge Railing and Decorative Concrete Post Coloring Project, as
completed by Taylor Construction, Inc. in the final contract amount of $530,170, which is
a 0.7% decrease from the original contract amount of $533.905.00. Upon motion the doc-
uments were received and filed, and Resolution No. 207-21 Accepting Southwest Arterial
North Cascade Road, English Mill Road, and Military Road Local Bridge Railing and Dec-
orative Concrete Post Coloring Project, Iowa DOT Project No. Stp-U-2100 (693)--70-31
and authorizing the payment to the contractor was adopted.
RESOLUTION NO. 207-21
ACCEPTING SOUTHWEST ARTERIAL NORTH CASCADE ROAD, ENGLISH MILL
ROAD, AND MILITARY ROAD LOCAL BRIDGE RAILING AND DECORATIVE CON-
CRETE POST COLORING PROJECT, IOWA DOT PROJECT NO. STP-U-2100 (693)--
70-31 AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR
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Whereas, the public improvement contract for the Southwest Arterial - North Cascade
Road, English Mill Road, and Military Road - Local Bridge Railing and Decorative Con-
crete Post Coloring Project, Iowa DOT Project No. STP-U-2100 (693)--70-31, (the Pro-
ject) has been completed by the Contractor, Taylor Construction, 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 $530,170.00; and
Whereas, the Contractor has previously been paid $514,264.90, leaving a balance of
$15,905.10; 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 $15,905.10 as provided in Iowa Code chapter 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 21 st day of June 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
27. Fire Station 6 External Stairwell Addition Project: Award Construction Contract CIP:
350-2706: City Manager recommended award of the construction contract to the low bid-
der, Reed Construction, in the base bid amount of $280,000, which is 19.1 % below the
engineer's estimate. Upon motion the documents were received and filed, and Resolution
No. 208-21 Awarding the Public Improvement Contract for the Fire Station 6 External
Stairwell Addition Project was adopted.
RESOLUTION NO. 208-21
AWARDING THE PUBLIC IMPROVEMENT CONTRACT FOR THE FIRE STATION 6
EXTERNAL STAIRWELL ADDITION PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Whereas, sealed proposals have been submitted by contractors for the Fire Station 6
External Stairwell Addition Project, (the Project) pursuant to Resolution No. 172-21 and
Notice to Bidders published on the City of Dubuque, Iowa website and plan room service
with statewide circulation on the 21 st day of May 2021; and
Whereas, said sealed proposals were opened and read on the 9th day of June 2021
and it has been determined that Reed Construction of DeWitt, Iowa, with a low bid in the
amount of $280,000.00 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 Reed Con-
struction and the City Manager is hereby directed to execute a Public Improvement Con-
tract on behalf of the City of Dubuque for the Project.
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Passed, adopted, and approved this 21 st day of June 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
28. Dillon Street Drain Tile Project 2021: City Manager recommended that the award
for the Dillon Street Drain Tile Project 2021 be officially recorded in the minutes of the
City Council. Upon motion the documents were received, filed, and made a Matter of
Record.
29. United States Environmental Protection Agency Brownfields Multipurpose Grant
Project Request to Distribute RFQ and Create an RFQ Review Committee: City Manager
recommended approval to release the Request for Qualifications for professional services
for the EPA Brownfields Multipurpose Grant Project and further recommended that the
City Manager be authorized to negotiate and execute a final agreement with the recom-
mended consultant. Upon motion the documents were received, filed, and approved.
30. Iowa Department of Transportation State Recreational Trail Grant Application for
Bee Branch Creek Trail: Phase 2: City Manager recommended approval of a resolution
authorizing submission of the application to the Iowa Department of Transportation for
State Recreational Trail (SRT) grant funds for the Bee Branch Creek Trail: Phase 2 pro-
ject. Upon motion the documents were received and filed, and Resolution No. 209-21
Authorizing the City's Grant Application to the State Recreational Trail Program for the
Bee Branch Creek Trail: Phase 2 Project and assurance that the improvements will be
maintained following completion of the project was adopted.
RESOLUTION NO. 209-21
AUTHORIZING THE CITY'S GRANT APPLICATION TO THE STATE RECREATIONAL
TRAIL PROGRAM FOR THE BEE BRANCH CREEK TRAIL: PHASE 2 PROJECT AND
ASSURANCE THAT THE IMPROVEMENTS WILL BE MAINTAINED FOLLOWING
COMPLETION OF THE PROJECT
Whereas, the Iowa Department of Transportation (IDOT) has grant funds available in
the State Recreational Trail (SRT) Program to fund public recreational trails; and
Whereas, the Bee Branch Creek Trail was added to the Dubuque Metropolitan Area
Transportation Study (DMATS) 2045 Long Range Transportation Plan as part of the 16th
Street Improvements Project on November 9, 2017; and
Whereas, the City of Dubuque has allocated Sales Tax funds to match the requested
SRT grant funds for construction of the Bee Branch Creek Trail: Phase 2 Project; and
Whereas, the IDOT requires the City of Dubuque's official endorsement of the project
and the City's stated commitment to maintain the improvements for the intended public
use for a minimum of twenty (20) years following project completion.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor is authorized to sign and submit an application for SRT Program
Funds to the IDOT for the Bee Branch Creek Trail: Phase 2 Project.
Section 2. That the City Council hereby provides its written assurance that the Bee
Branch Creek Trail: Phase 2 Project will be adequately maintained for its intended public
12
use for a minimum of twenty (20) years following completion of the project.
Passed, adopted, and approved this 21St day of June 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
31. State of Iowa Federal -Aid Section 130 Railroad Grade Crossing Safety Improve-
ments Agreement for the Construction of Activated Signals at the Railroad Crossing Lo-
cated at East 14t" Street: Iowa DOT Project No. RRP-RR01(205)--8A-00: City Manager
recommended approval and authorization for the Mayor to execute the State of Iowa Fed-
eral -Aid Section 130 Railroad Grade Crossing Safety Improvements Agreement between
the Canadian Pacific Railway, d/b/a Dakota, Minnesota & Eastern Railroad Corporation,
the Iowa Department of Transportation, and the City of Dubuque for the construction of a
new activated signal systems at the East 14th Street railroad grade crossing. Upon motion
the documents were received and filed, and Resolution No. 210-21 State of Iowa Federal -
Aid Section 130 Railroad Grade Crossing Safety Improvements Agreement for the Con-
struction of Activated Signals at the Railroad Crossing located at East 14t" Street was
adopted.
RESOLUTION NO. 210-21
STATE OF IOWA FEDERAL -AID SECTION 130 RAILROAD GRADE CROSSING
SAFETY IMPROVEMENTS AGREEMENT FOR THE CONSTRUCTION OF ACTI-
VATED SIGNALS AT THE RAILROAD CROSSING LOCATED AT EAST 14TH STREET
Whereas, the Canadian Pacific Railroad dba Dakota, Minnesota & Eastern Railroad
Corporation, Iowa Department of Transportation, and City of Dubuque have agreed to
enter into a State of Iowa Federal -Aid Section 130 Railroad Grade Crossing Safety Im-
provements Agreement for the for the construction of a new activated signal systems at
the East 14t" Street railroad grade crossing: and
Whereas, the Iowa Department of Transportation has developed a Section 130 Rail-
road Grade Crossing Safety Improvements Agreement, outlining the terms and conditions
between the Canadian Pacific Railroad and the City for the construction and installation
of new signals, lights, and gates at the railroad crossing at East 14t" Street is being
granted: and
Whereas, per said Agreement, the City will be responsible for completing the associ-
ated pavement, curb, and sidewalk improvements and Canadian Pacific Railway will fully
reimburse the City all costs incurred.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the State of Iowa Federal -Aid Section 130 Railroad Grade Crossing
Safety Improvements Agreement between the Canadian Pacific Railroad, Iowa Depart-
ment of Transportation, and the City of Dubuque is hereby approved for the for the con-
struction of a new activated signal systems at the East 14t" Street railroad grade crossing.
Section 2. That the Mayor be authorized and directed to execute the State of Iowa
Federal -Aid Section 130 Railroad Grade Crossing Safety Improvements Agreement.
Section 3. That a certified copy of the resolution will be included with the Agreement
and submitted to Canadian Pacific Railroad and to Iowa Department of Transportation by
the City Clerk of the City of Dubuque.
13
Passed, approved, and adopted this 21 st day of June 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
32. Signed Contract(s): Scales Mound Packet Co. d/b/a River Cruises for Docking Li-
cense Agreement; Tricon General Construction, Inc. for the Purina Drive Flood Wall Re-
placement Project. Upon motion the documents were received and filed.
33. 2019 and 2020 City Council Official Proceedings: City Clerk submitted the com-
pleted and indexed City Council Official Proceedings for calendar years 2019 and 2020.
Upon motion the documents were received, filed, and approved.
34. Alcohol and Tobacco License Applications: City Manager recommended approval
of annual liquor, beer, wine, and tobacco license applications as submitted. Upon motion
the documents were received and filed, and Resolution No. 211-21 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. 212-21 Approving ap-
plications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa
Code Chapter 453A.47A were adopted.
RESOLUTION NO. 211-21
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 THAT:
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:
Pin nP%A/AIC
Adobo's Mexican Grill, 756 Main St
American Legion Post #6, 1306 Delhi St.
Dubuque Bowling Lanes, 1029 1/2 Main St.
Dubuque Museum of Art, 701 Locust St.
Five Flags Center, 405 Main St.
Hy-Vee Wine & Spirits "A", 3500 Dodge St.
Joliet Building Corporation, 781 Locust St.
Los Aztecas III Mexican Restaurant, 2345 NW Arterial
14
Neighborhood Quick Mart, 690 W. Locust St.
Ooh La La, 3460 Hillcrest Rd.
Pioneers Rest Stop, 4900 Old Highway Rd.
Rotary Club of Dubuque, 135 W. 8t" St.
The Smokestack, 62 E. 71" St.
Special Event(s) per Special Event Application Submittal
Hilton Garden Inn and Q Casino and Houlihan's, 1801 and 1855 Greyhound Park Dr.
Passed, approved, and adopted this 21 st day of June 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
RESOLUTION NO. 212-21
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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
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 permit.
Business Name, Business Address
Walmart Supercenter # 2004, 4200 Dodge St.
Casey's General Store #2420, 2699 Rockdale Rd.
Casey's General Store #2421, 4003 Peru Rd.
Casey's General Store #3473, 1072 Cedar Cross Rd.
Liquor Tobacco & Gas, 1401 Central Ave.
The Great Vape, 3250 Central Ave.
Sid's Beverage Store Inc., 2727 Dodge St.
Liquor Tobacco and Grocery, 1998 Jackson St.
Beecher Liquor, 1691 Asbury Rd.
Moondog Music, 806 Wacker Dr. #120
Vapor City Outlet, 3330 Asbury Rd.
Botanicanna, 3430 Dodge St. #24
Paro Food Mart, 3200 Central Ave.
Dubuque Mining Co., 555 John F. Kennedy Rd. #600
Hammerheads Bar and Billiards, 2095 Kerper Blvd. Suite #2
Walnut Tap, 709 University Ave.
The Konnexion, 1099 University Ave.
My Cap Vendors/ Machine located at Diamond Jo Casino, 301 Bell St.
Super Stop IV, 535 Hill St. Suite A
Super Star Tobacco, 1620 John F. Kennedy Rd.
Fareway Stores #114, 2050 John F. Kennedy Rd.
Hy-Vee Gas #2, 2435 NW Arterial
15
Hy-Vee Food Store #2, 2395 NW Arterial
Hy-Vee Gas #3, 300 S. Locust St.
Hy-Vee Food Store #3, 400 S. Locust St.
Hy-Vee Food C Store #1, 3270 Dodge St.
Hy-Vee Wine & Spirits #1, 3500 Dodge St.
Hy-Vee Food Store #1, 3500 Dodge St.
Walgreens #6154, 2260 John F. Kennedy Rd.
Walgreens #9708, 55 John F. Kennedy Rd.
Walgreens #11942, 345 East 20t" St.
Central Grocery and Beauty Inc., 1572 Central Ave.
Phillips 66/Arby's, 10 South Main St.
The Altered State, 1523 Central Ave.
Jayde's Vapor Lounge, 3220 Dodge St. #104
Kwik Stop #325, 1210 East 16t" St.
Kwik Stop #300, 1215 East 16th St.
Kwik Stop #86, 2150 Twin Valley Dr.
Kwik Stop #84, 2335 University Ave.
Kwik Stop #78, 4039 Pennsylvania Ave.
Kwik Stop #76, 2320 Gateway Dr.
Kwik Stop #74, 2360 Central Ave.
Kwik Stop #72, 2255 Kerper Blvd.
Kwik Stop #58, 3340 John F. Kennedy Rd.
Kwik Stop #48, 3201 Central Ave.
Q Casino, 1855 Greyhound Park Dr.
Big 10 Mart #10, 1875 John F. Kennedy Rd.
Big 10 Mart #11, 3300 Asbury Rd.
Big 10 Mart #12, 405 Rhomberg Ave.
Big 10 Mart #13, 2100 John F. Kennedy Rd.
Hartig Drug #8, 1600 University Ave.
Hartig Drug #4, 2225 Central Ave.
Hartig Drug #3, 2255 John F. Kennedy Rd.
Hartig Drug #2, 157 Locust St.
Dollar General Store #6896, 605 West Locust St.
Dollar General Store #7289, 3250 Kennedy Cir #8
Dollar General Store #10074, 2440 Gateway Dr.
Pioneer's Rest Stop, 4900 Old Hwy Rd.
Family Dollar #21599, 2013 Central Ave. #4
BP Fuel, 1450 Loras Blvd.
Kwik Star #236, 2035 John F. Kennedy Rd.
Kwik Star #495, 2685 Dodge St.
Tobacco Outlet Plus #504, 806 Wacker Dr. Suite 140
Midwest Vapors, 2600 Dodge St. Suite B4
Eagle Country Market, 1800 Elm St.
Dubuque Wine and Spirits LLC, 3305 Asbury Rd.
EZ Stop II, 700 Rhomberg Ave.
North Side Liquor and Tobacco, 2013 Central Ave. #1
16
Neighborhood Quick Mart, 690 W. Locust St.
Fas Mart #5159, 2175 Central Ave.
CDs 4 Change, 3305 Asbury Rd. #2
EZ Stop 1, 1101 Rhomberg Ave.
Dubuque Tobacco and Grocery, 1248 Iowa St.
Port of Dubuque Marina, 450 East 3rd St.
Spencer Gifts, 555 John F. Kennedy Rd.
Passed, approved, and adopted this 21 st day of June 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Resnick to receive and file the documents, adopt the resolutions, and set
the public hearings as indicated. Seconded by Farber. Motion carried 7-0.
1. 2021 Pavement Marking Project (CIP 3002245): City Manager recommended initia-
tion of the public bidding procedure for the 2021 Pavement Marking Project, and further
recommends that a public hearing be set for July 6, 2021. Upon motion the documents
were received and filed, and Resolution No. 213-21 Preliminary approval of plans, spec-
ifications, form of contract, and estimated cost; setting date of public hearing on plans,
specifications, form of contract, and estimated cost; and ordering the advertisement for
bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on
July 6, 2021 in the Historic Federal Building.
RESOLUTION NO. 213-21
2021 PAVEMENT MARKING PROJECT - PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The proposed plans, specifications, form of contract and estimated cost for
the 2021 Pavement Marking Project in the estimated amount $197,500.00, are hereby
preliminarily approved and ordered filed in the office of the City Clerk for public inspection.
Section 2. A public hearing will be held on the 6t" day of July, 2021, at 6.30 p.m. in the
Historic Federal Building Council Chambers (and/or by virtual means) 350 W. 6t" 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
place of such hearing to be published in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall be published not less than four days nor more
than twenty days prior to the date of such hearing. At the hearing, any interested person
may appear and file objections to the proposed plans, specifications, form of contract, or
estimated cost of the Project.
Section 3. The 2021 Pavement Marking Project is hereby ordered to be advertised for
17
bids for construction.
Section 4. 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.
Section 5. The City Engineer 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 circu-
lation, 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 8t" day of July 2021. Bids shall
be opened and read by the City Clerk at said time and will be submitted to the City Council
for final action at 6:30 p.m. on the 19t" day of July 2021, in the Historic Federal Building
Council Chambers (and/or by virtual means) 350 West 61" Street, Dubuque, Iowa.
Passed, adopted, and approved this the 21 St day of June 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
BOARDS/COMMISSIONS
Applications were reviewed for the following Boards and Commissions. Applicants
were invited to address the City Council regarding their desire to serve on the following
Boards/Commissions.
1. Housing Appeals and Mediation Board: One, 3-Year term through January 1, 2024.
Applicant: George Cooley, 2255 Francis St. Membership Requires Balance of Landlords,
Tenants and Other Interested Citizens 5 Commissioners total; currently 2 Landlords/1
Tenant/1 Interested Citizen.
Appointments were made to the following boards/commissions.
2. Arts and Cultural Affairs Advisory Commission: Three, 3-Year terms through June
30, 2024 (Expiring terms of Daugherty as At Large, Neuhaus as Business Professional
Living or Working Within District, and Siegert as Business Professional). Applicants: No-
elle Chesney, 1830 Links Glen Dr. - Qualifies for Business Professional and At -Large;
Paula Neuhaus, 793 West 3rd St. - Qualifies for Business Professional Living or Work-
ing Within District and At -Large; Thomas Robbins, 2361 Harvest View Dr. - Qualifies for
At -Large.
Motion by Jones to appoint Ms. Chesney to the Business Professional three-year
term through June 30, 2024; Ms. Neuhaus to the for Business Professional Living or
Working Within District three-year term through June 30, 2024; and Mr. Robbins to the
At -Large three-year term through June 30, 2024. Seconded by Resnick. Motion carried
7-0.
3. Historic Preservation Commission: Two, 3-Year terms through July 1, 2024 (Va-
cant terms of Klavitter as *At Large and Rapp as *Old Main Interim). Applicants: Tim
Gau 2529 Windsor Ave — Qualifies for At -Large; Alec Gustafson, 299 Main St. - Quali-
fies for Old Main and At -Large; John Link, 535 W 5th St. — Qualifies for At -Large. This
commission is subject to the State of Iowa Gender Balance Law 9 Commissioners total;
currently 2 males/2 females/5 openings. *Openings were advertised for 90 days while
non -male identifying applicants were sought in adherence with Iowa Code 69.16A Gen-
der Balance. Additional openings on the commission are being advertised for 90 days
while nonmale identifying applicants are sought in adherence with Iowa Code 69.16A
Gender Balance.
Motion by Roussell to appoint Mr. Gustafson to the Old Main three-year term through
July 1, 2024. Seconded by Sprank. Motion carried 7-0.
Upon roll call vote, Mr. Link was appointed to the At -Large three-year term through
July 1, 2024. Mr. Gau received 1 vote (Sprank), and Mr. Link received the remaining 6
votes.
4. Long Range Planning Advisory Commission: One, 3-Year term through July 1, 2024
(Expiring term of Stoffel). Applicant: Tyler Stoffel, 960 Boyer St. Motion by Resnick to
appoint Mr. Stoffel to the three-year term through July 1, 2024. Seconded by Cavanagh.
Motion carried 7-0.
5. Park and Recreation Advisory Commission: One, 3-Year term through July 1, 2024
(Expiring term of Tigges). Applicant: Jennifer Tigges, 4927 Wild Flower Dr. Motion by
Cavanagh to appoint Ms. Tigges to the three-year term through July 1, 2024. Seconded
by Sprank. Motion carried 7-0.
6. Resilient Community Advisory Commission: One, 3-Year term through July 1, 2024
(Expiring term of Hoffman). Applicant: Adam Hoffmann, 1910 Marion St. Motion by Rous-
sell to appoint Mr. Hoffman to the three-year term through July 1, 2024. Seconded by
Farber. Motion carried 7-0.
7. Zoning Advisory Commission: One, 3-Year term through July 1, 2024 (Expiring Term
of Russell). Applicant: Rich Russell, 2045 Embassy West Dr. This commission is subject
to the State of Iowa Gender Balance Law. 7 Commissioners total; currently 2 males/3
females/2 openings. Motion by Jones to appoint Mr. Russell to the three-year term
through July 1, 2024. Seconded by Resnick. Motion carried 7-0.
Wl 14Los: I=F_1N10[69
1. Amending Section 16-6-4 Flood Hazard Overlay District of the Unified Development
Code: Proof of publication on notice of public hearing to consider City Council approval
of a request from City of Dubuque to amend Section 16-6-4 Flood Hazard Overlay District
of the Unified Development Code by repealing the current ordinance and adopting a new
Section 16-6-4 Flood Hazard Overlay District, and Zoning Advisory Commission recom-
mending approval. Motion by Cavanagh 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 Sprank. Planning Services Manager Wally Wernimont provided a staff report. Mr. Wer-
nimont responded to questions from the City Council regarding how affected property
owners were notified and the mortgage options for residents in both designated and non -
designated flood plains. Motion carried 7-0.
19
Motion by Cavanagh for final consideration and passage of Ordinance No. 24-21
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, by repealing Section 6-4 Flood Hazard Overlay District and enacting a new Section
6-4 Flood Hazard Overlay District to comply with National Flood Insurance Program Re-
quirements. Seconded by Sprank. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 24-21
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY REPEALING SECTION 6-4 FLOOD HAZARD OVER-
LAY DISTRICT AND ENACTING A NEW SECTION 6-4 FLOOD HAZARD OVERLAY
DISTRICT TO COMPLY WITH NATIONAL FLOOD INSURANCE PROGRAM RE-
QUIREMENTS
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 Develop-
ment Code, be amended by repealing Section 6-4 and enacting a new Section 6-4 Flood
Hazard Overlay Districts, as follows:
16-6-4: FLOOD HAZARD OVERLAY DISTRICT
16-6-4-1: DEFINITIONS: Unless specifically defined below or in Chapter 2 of this title,
words or phrases used in Section 16-6-4 shall be interpreted so as to give them the mean-
ing they have in common usage and to give Section 16-6-4 its most reasonable applica-
tion.
1. APPURTENANT STRUCTURE - A structure which is on the same parcel of
the property as the principal structure to be insured and the use of which is incidental
to the use of the principal structure.
2. BASE FLOOD - The flood having one (1) percent chance of being equaled or
exceeded in any given year. (Also commonly referred to as the 100-year flood").
3. BASE FLOOD ELEVATION (BFE) - The elevation floodwaters would reach at
a particular site during the occurrence of a base flood event.
4. BASEMENT - Any enclosed area of a building which has its floor or lowest
level below ground level (subgrade) on all sides. Also see "lowest floor."
5. DEVELOPMENT - Any man-made change to improved or unimproved real es-
tate, including but not limited to buildings or other structures, mining, dredging, fill-
ing, grading, paving, excavation, drilling operations or storage of equipment or ma-
terials. "Development" does not include "minor projects" or "routine maintenance of
existing buildings and facilities" as defined in this section. It also does not include
gardening, plowing, and similar practices that do not involve filling or grading.
6. ENCLOSED AREA BELOW LOWEST FLOOR - The floor of the lowest en-
closed area in a building when all the following criteria are met:
A. The enclosed area is designed to flood to equalize hydrostatic pressure
during flood events with walls or openings that satisfy the provisions of Section
16-6-4-7(2)(D)(1) of Title 16, and
B. The enclosed area is unfinished (not carpeted, drywalled, etc.) and used
solely for low damage potential uses such as building access, parking, or storage,
and
20
C. Machinery and service facilities (e.g., hot water heater, furnace, electrical
service) contained in the enclosed area are located at least one (1) foot above
the base flood elevation, and
D. The enclosed area is not a "basement" as defined in this section.
7. EXISTING CONSTRUCTION - Any structure for which the "start of construc-
tion" commenced before the effective date of the first floodplain management regu-
lations adopted by the community.
8. EXISTING FACTORY -BUILT HOME PARK OR SUBDIVISION - A factory -built
home park or subdivision for which the construction of facilities for servicing the lots
on which the factory -built homes are to be affixed (including at a minimum, the in-
stallation of utilities, the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of the first floodplain
management regulations adopted by the community.
9. EXPANSION OF EXISTING FACTORY -BUILT HOME PARK OR SUBDIVI-
SION - The preparation of additional sites by the construction of facilities for servic-
ing the lots on which the factory -built homes are to be affixed (including at a mini-
mum, the installation of utilities, the construction of streets, and either final site grad-
ing or the pouring of concrete pads).
10. FACTORY -BUILT HOME - Any structure, designed for residential use which
is wholly or in substantial part, made, fabricated, formed or assembled in manufac-
turing facilities for installation or assembly and installation, on a building site. For the
purpose of Section 16-6-4 factory -built homes include mobile homes, manufactured
homes, and modular homes; and also include "recreational vehicles" which are
placed on a site for greater than 180 consecutive days and not fully licensed for and
ready for highway use.
11. FACTORY -BUILT HOME PARK OR SUBDIVISION - A parcel or contiguous
parcels of land divided into two or more factory -built home lots for sale or lease.
12. FIVE HUNDRED (500) YEAR FLOOD - A flood, the magnitude of which has
a two -tenths (0.2) percent chance of being equaled or exceeded in any given year
or which, on average, will be equaled or exceeded at least once every five hundred
(500) years.
13. FLOOD - A general and temporary condition of partial or complete inundation
of normally dry land areas resulting from the overflow of streams or rivers or from
the unusual and rapid runoff of surface waters from any source.
14. FLOOD INSURANCE RATE MAP (FIRM) - The official map prepared as part
of (but published separately from) the Flood Insurance Study which delineates both
the flood hazard areas and the risk premium zones applicable to the community.
15. FLOOD INSURANCE STUDY (FIS) - A report published by FEMA for a com-
munity issued along with the community's Flood Insurance Rate Map(s). The study
contains such background data as the base flood discharge and water surface ele-
vations that were used to prepare the FIRM.
16. FLOODPLAIN - Any land area susceptible to being inundated by water as a
result of a flood.
17. FLOODPLAIN MANAGEMENT - An overall program of corrective and pre-
ventive measures for reducing flood damages and promoting the wise use of flood -
plains, including but not limited to emergency preparedness plans, flood control
21
works, floodproofing and floodplain management regulations.
18. FLOODPROOFING - Any combination of structural and nonstructural addi-
tions, changes, or adjustments to structures, including utility and sanitary facilities,
which will reduce or eliminate flood damage to such structures.
19. FLOODWAY - The channel of a river or stream and those portions of the
floodplains adjoining the channel, which are reasonably required to carry and dis-
charge flood waters or flood flows so that confinement of flood flows to the floodway
area will not cumulatively increase the water surface elevation of the base flood by
more than one (1) foot.
20. FLOODWAY FRINGE - Those portions of the Special Flood Hazard Area
outside the floodway.
21. HIGHEST ADJACENT GRADE - The highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
22. HISTORIC STRUCTURE - Any structure that is:
A. Listed individually in the National Register of Historic Places, maintained by
the Department of Interior, or preliminarily determined by the Secretary of the In-
terior as meeting the requirements for individual listing of the National Register;
B. Certified or preliminarily determined by the Secretary of the Interior as con-
tributing to the historical significance of a registered historic district or a district
preliminarily determined by the Secretary to qualify as a registered historic district;
C. Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of the Interior;
or,
D. Individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified by either i) an approved
state program as determined by the Secretary of the Interior or ii) directly by the
Secretary of the Interior in states without approved programs.
23. LOWEST FLOOR - The floor of the lowest enclosed area in a building includ-
ing a basement except when the criteria listed in the definition of Enclosed Area
below Lowest Floor are met.
24. MAXIMUM DAMAGE POTENTIAL DEVELOPMENT - Hospitals and like in-
stitutions; buildings or building complexes containing documents, data, or instru-
ments of great public value; buildings or building complexes containing materials
dangerous to the public or fuel storage facilities; power installations needed in emer-
gency or other buildings or building complexes similar in nature or use.
25. MINOR PROJECTS - Small development activities (except for filling, grading
and excavating) valued at less than $500.
26. NEW CONSTRUCTION - (new buildings, factory -built home parks) - Those
structures or development for which the start of construction commenced on or after
the effective date of the first floodplain management regulations adopted by the
community.
27. NEW FACTORY -BUILT HOME PARK OR SUBDIVISION - A factory -built
home park or subdivision for which the construction of facilities for servicing the lots
on which the factory -built homes are to be affixed (including at a minimum, the in-
stallation of utilities, the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date of the first
22
floodplain management regulations adopted by the community.
28. RECREATIONAL VEHICLE - A vehicle which is:
A. Built on a single chassis;
B. Four hundred (400) square feet or less when measured at the largest hori-
zontal projection;
C. Designed to be self-propelled or permanently towable by a light duty truck;
and
D. Designed primarily not for use as a permanent dwelling but as a temporary
living quarters for recreational, camping, travel, or seasonal use.
29. ROUTINE MAINTENANCE OF EXISTING BUILDINGS AND FACILITIES -
Repairs necessary to keep a structure in a safe and habitable condition that do not
trigger a building permit, provided they are not associated with a general improve-
ment of the structure or repair of a damaged structure. Such repairs include:
A. Normal maintenance of structures such as re -roofing, replacing roofing tiles
and replacing siding;
B. Exterior and interior painting, papering, tiling, carpeting, cabinets, counter
tops and similar finish work;
C. Basement sealing;
D. Repairing or replacing damaged or broken window panes;
E. Repairing plumbing systems, electrical systems, heating, or air conditioning
systems and repairing wells or septic systems.
30. SPECIAL FLOOD HAZARD AREA (SFHA) - The land within a community
subject to the "base flood". This land is identified on the community's Flood Insur-
ance Rate Map as Zone A, Al -30, AE, AH, AO, AR, and/or A99.
31. START OF CONSTRUCTION - Includes substantial improvement, and
means the date the development permit was issued, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement, or other im-
provement, was within 180 days of the permit date. The actual start means either
the first placement or permanent construction of a structure on a site, such as pour-
ing of a slab or footings, the installation of pile, the construction of columns, or any
work beyond the stage of excavation; or the placement of a factory -built home on a
foundation. Permanent construction does not include land preparation, such as
clearing, grading and filling; nor does it include the installation of streets and/or walk-
ways; nor does it include excavation for a basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the installation on the property
of accessory buildings such as garages or sheds not occupied as dwelling units or
not part of the main structure. For a substantial improvement, the actual start of
construction means the first alteration of any wall, ceiling, floor, or other structural
part of the building, whether or not that alteration affects the external dimensions of
the building.
32. STRUCTURE - Anything constructed or erected on the ground or attached to
the ground, including, but not limited to, buildings, factories, sheds, cabins, factory -
built homes, storage tanks, grain storage facilities and/or other similar uses.
33. SUBSTANTIAL DAMAGE - Damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before damage condition would
equal or exceed fifty (50) percent of the market value of the structure before the
23
damage occurred. Volunteer labor and donated materials shall be included in the
estimated cost of repair.
34. SUBSTANTIAL IMPROVEMENT - Any improvement to a structure which sat-
isfies either of the following criteria:
A. Any repair, reconstruction, or improvement of a structure, the cost of which
equals or exceeds fifty (50) percent of the market value of the structure either (i)
before the "start of construction" of the improvement, or (ii) if the structure has
been "substantially damaged" and is being restored, before the damage oc-
curred. The term does not, however, include any project for improvement of a
structure to correct existing violations of state or local health, sanitary, or safety
code specifications which have been identified by the local code enforcement
official and which are the minimum necessary to assure safe living conditions.
The term also does not include any alteration of an "historic structure", provided
the alteration will not preclude the structure's designation as an "historic struc-
ture".
B. Any addition which increases the original floor area of a building by 25 per-
cent or more. All additions constructed after the effective date of the first flood -
plain management regulations adopted by the community shall be added to any
proposed addition in determining whether the total increase in original floor space
would exceed 25 percent.
35. VARIANCE - A grant of relief by a community from the terms of the floodplain
management regulations.
36. VIOLATION - The failure of a structure or other development to be fully com-
pliant with the community's floodplain management regulations.
16-6-4-2: STATUTORY AUTHORITY, FINDINGS OF FACT AND PURPOSE:
1. The Legislature of the State of Iowa has in Chapter 414, Code of Iowa, as
amended, delegated the power to cities to enact zoning regulations to secure safety
from flood and to promote health and the general welfare.
2. Findings of Fact
A. The flood hazard areas of the City of Dubuque are subject to periodic inunda-
tion which can result in loss of life and property, health and safety hazards, disrup-
tion of commerce and governmental services, extraordinary public expenditures for
flood protection and relief, and impairment of the tax base all of which adversely
affect the public health, safety and general welfare of the community.
B. These flood losses, hazards, and related adverse effects are caused by: (i)
The occupancy of flood hazard areas by uses vulnerable to flood damages which
create hazardous conditions as a result of being inadequately elevated or otherwise
protected from flooding and (ii) the cumulative effect of obstructions on the floodplain
causing increases in flood heights and velocities.
C.C. Section 16-6-4 relies upon engineering methodology for analyzing flood haz-
ards which is consistent with the standards established by the Department of Natural
Resources.
3. Statement of Purpose: It is the purpose of Section 16-6-4 to protect and preserve
the rights, privileges and property of the City of Dubuque and its residents and to pre-
serve and improve the peace, safety, health, welfare, and comfort and convenience of
its residents by minimizing those flood losses described in Section 16-6-4-2(2)(A) of
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Title 16 Unified Development Code with provisions designed to:
A. Reserve sufficient floodplain area for the conveyance of flood flows so that
flood heights and velocities will not be increased substantially.
B. Restrict or prohibit uses which are dangerous to health, safety, or property in
times of flood or which cause excessive increases in flood heights or velocities.
C. Require that uses vulnerable to floods, including public facilities which serve
such uses, be protected against flood damage at the time of initial construction or
substantial improvement.
D. Protect individuals from buying lands which may not be suited for intended
purposes because of flood hazard.
E. Assure that eligibility is maintained for property owners in the community to
purchase flood insurance through the National Flood Insurance Program.
16-6-4-3: GENERAL PROVISIONS:
1. Lands to Which Unified Development Code Section 16-6-4 Apply
The provisions of Section 16-6-4 shall apply to all lands within the jurisdiction of the
City of Dubuque shown on the Official Floodplain Zoning Map as being within the
boundaries of the Floodway, Floodway Fringe, and General Floodplain (Overlay) Dis-
tricts, as established in Section 16-6-4-5.
2. Establishment of Official Floodplain Zoning Map
The Flood Insurance Rate Map (FIRM) for Dubuque County and Incorporated Ar-
eas, City of Dubuque, Panels 19061 CO215F, 0217F, 0220F, 0236F, 0237F, 0238F,
0239F, 0241 F, 0330F, 0332F, 0335F, 0351 F, 0352F, 0354F, 0358F, 0365F, 0370F,
dated August 10th, 2021, and Panels 19061 CO242F, 0243F, 0244F, 0356F, 0360F,
dated August 19th, 2013 which were prepared as part of the Flood Insurance Study for
Dubuque County, is (are) hereby adopted by reference and declared to be the Official
Floodplain Zoning Map. The flood profiles and all explanatory material contained with
the Flood Insurance Study are also declared to be a part of Section 16-6-4.
3. Rules for Interpretation of District Boundaries
The boundaries of the zoning district areas shall be determined by scaling distances
on the Official Floodplain Zoning Map. When an interpretation is needed as to the exact
location of a boundary, the City Planner shall make the necessary interpretation. The
Board of Adjustment shall hear and decide appeals when it is alleged that there is an
error in any requirement, decision, or determination made by the City Planner in the
enforcement or administration of Section 16-6-4.
4. Compliance
No structure or land shall hereafter be used and no structure shall be located, ex-
tended, converted or structurally altered without full compliance with the terms of Sec-
tion 16-6-4 and other applicable regulations which apply to uses within the jurisdiction
of Section 16-6-4.
5. Abrogation and Greater Restrictions
It is not intended by Section 16-6-4 to repeal, abrogate or impair any existing ease-
ments, covenants, or deed restrictions. However, where Section 16-6-4 imposes
greater restrictions, the provision of Section 16-6-4 shall prevail. All other ordinances
inconsistent with Section 16-6-4 are hereby repealed to the extent of the inconsistency
only.
6. Interpretation
25
In their interpretation and application, the provisions of Section 16-6-4 shall be held
to be minimum requirements and shall be liberally construed in favor of the governing
body and shall not be deemed a limitation or repeal of any other powers granted by
State statutes.
7. Warning and Disclaimer of Liability
The standards required by Section 16-6-4 are considered reasonable for regulatory
purposes. Section 16-6-4 does not imply that areas outside the designated Floodplain
(Overlay) District areas will be free from flooding or flood damages. Section 16-6-4
shall not create liability on the part of the City of Dubuque or any officer or employee
thereof for any flood damages that result from reliance on Section 16-6-4 or any ad-
ministrative decision lawfully made there under.
8. Severability
If any section, clause, provision or portion of Section 16-6-4 is adjudged unconstitu-
tional or invalid by a court of competent jurisdiction, the remainder of Section 16-6-4
shall not be affected thereby.
16-6-4-4: Administration:
1. Appointment, Duties and Responsibilities of Local Official
A. The City Planner is hereby appointed to implement and administer the provi-
sions of Section 16-6-4 and will herein be referred to as the Administrator.
B. Duties and responsibilities of the Administrator shall include, but not neces-
sarily be limited to the following:
1) Review all floodplain development permit applications to assure that the
provisions of Section 16-6-4 will be satisfied.
2) Review floodplain development applications to assure that all necessary
permits have been obtained from federal, state and local governmental agencies
including approval when required from the Department of Natural Resources for
floodplain construction.
3) Record and maintain a record of (i) the elevation (in relation to North Amer-
ican Vertical Datum 1988) of the lowest floor (including basement) of all new or
substantially improved structures or (ii) the elevation to which new or substantially
improved structures have been floodproofed.
4) Notify adjacent communities/counties and the Department of Natural Re-
sources prior to any proposed alteration or relocation of a watercourse and sub-
mit evidence of such notifications to the Federal Emergency Management
Agency.
5) Keep a record of all permits, appeals and such other transactions and cor-
respondence pertaining to the administration of Section 16-6-4.
6) Submit to the Federal Insurance Administrator an annual report concerning
the community's participation, utilizing the annual report form supplied by the
Federal Insurance Administrator.
7) Notify the Federal Insurance Administrator of any annexations or modifica-
tions to the community's boundaries.
8) Review subdivision proposals to ensure such proposals are consistent with
the purpose of Section 16-6-4 and advise the Board of Adjustment of potential
conflict.
9) Maintain the accuracy of the community's Flood Insurance Rate Maps
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when;
a. Development placed within the Floodway (Overlay) District results in any
of the following:
(i) An increase in the Base Flood Elevations, or
(ii) Alteration to the floodway boundary
b. Development placed in Zones A, AE, AH, and Al -30 that does not include
a designated floodway that will cause a rise of more than one foot in the base
elevation; or
c. Development relocates or alters the channel. Within 6 months of the com-
pletion of the development, the applicant shall submit to FEMA all scientific
and technical data necessary for a Letter of Map Revision.
10) Perform site inspections to ensure compliance with the standards of Sec-
tion 16-6-4.
11) Forward all requests for Variances to the Board of Adjustment for consid-
eration. Ensure all requests include the information ordinarily submitted with ap-
plications as well as any additional information deemed necessary to the Board
of Adjustment.
10. 120 Floodplain Development Permit
A. Permit Required - A Floodplain Development Permit issued by the Administra-
tor shall be secured prior to any floodplain development (any man-made change to
improved and unimproved real estate, including but not limited to buildings or other
structures, mining, filling, grading, paving, storage of materials or equipment, exca-
vation or drilling operations), including the placement of factory -built homes.
B. Application for Permit - Application shall be made on forms furnished by the
Administrator and shall include the following:
1) Description of the work to be covered by the permit for which application is
to be made.
2) Description of the land on which the proposed work is to be done (i.e., lot,
block, track, street address or similar description) that will readily identify and
locate the work to be done.
3) Location and dimensions of all structures and additions
4) Indication of the use or occupancy for which the proposed work is intended.
5) Elevation of the base flood.
6) Elevation (in relation to North American Vertical Datum 1988) of the lowest
floor (including basement) of structures or of the level to which a structure is to
be floodproofed.
7) For structures being improved or rebuilt, the estimated cost of improvements
and market value of the structure prior to the improvements.
8) Such other information as the Administrator deems reasonably necessary
(e.g., drawings or a site plan) for the purpose of Section 16-6-4.
C. Action on Permit Application - The Administrator shall, within a reasonable
time, make a determination as to whether the proposed floodplain development
meets the applicable standards of Section 16-6-4 and shall approve or disapprove
the application. For disapprovals, the applicant shall be informed, in writing, of the
specific reasons therefore. The Administrator shall not issue permits for variances
except as directed by the Board of Adjustment.
27
D. Construction and Use to be as Provided in Application and Plans - Floodplain
Development Permits based on the basis of approved plans and applications au-
thorize only the use, arrangement, and construction set forth in such approved plans
and applications and no other use, arrangement or construction. Any use, arrange-
ment, or construction at variance with that authorized shall be deemed a violation of
Section 16-6-4. The applicant shall be required to submit certification by a profes-
sional engineer or land surveyor, as appropriate, registered in the State of Iowa, that
the finished fill, structure floor elevations, floodproofing, or other flood protection
measures were accomplished in compliance with the provisions of Section 16-6-4,
prior to the use or occupancy of any structure.
16-6-4-5: ESTABLISHMENT OF FLOODPLAIN (OVERLAY) DISTRICTS:
The floodplain areas within the jurisdiction of Section 16-6-4 are hereby divided into
the following districts:
1. Floodway (Overlay) District (FW) - those areas identified as Floodway on the Of-
ficial Floodplain Zoning Map;
2. Floodway Fringe (Overlay) District (FF) - those areas identified as Zone AE on
the Official Floodplain Zoning Map but excluding those areas identified as Floodway;
3. General Floodplain (Overlay) District (GF) - those areas identified as Zone A on
the Official Floodplain Zoning Map.
The boundaries shall be as shown on the Official Floodplain Zoning Map. Within
these districts, all uses not allowed as Permitted Uses are prohibited unless a variance
to the terms of Section 16-6-4 is granted after due consideration by the Board of Ad-
justment.
16-6-4-6: FLOODWAY (OVERLAY) DISTRICT (FW):
1. Permitted Uses
All development within the Floodway District shall be permitted to the extent that
they are not prohibited by any other ordinance (or underlying zoning district) and pro-
vided they meet applicable performance standards of the Floodway District.
2. Performance Standards
All Floodway District uses allowed as a Permitted Use shall meet the following
standards.
A. No development shall be permitted in the Floodway District that would result
in any increase in the base flood elevation. Consideration of the effects of any de-
velopment on flood levels shall be based upon the assumption that an equal degree
of development would be allowed for similarly situated lands.
B. All development within the Floodway District shall:
1) Be consistent with the need to minimize flood damage.
2) Use construction methods and practices that will minimize flood damage.
3) Use construction materials and utility equipment that are resistant to flood
damage.
C. No development shall affect the capacity or conveyance of the channel or
floodway of any tributary to the mainstream, drainage ditch or any other drainage
facility or system.
D. Structures, buildings, recreational vehicles, and sanitary and utility systems, if
permitted, shall meet the applicable performance standards of the Floodway Fringe
District and shall be constructed or aligned to present the minimum possible
resistance to flood flows.
E. Structures, if permitted, shall have a low flood damage potential and shall not
be for human habitation.
F. Storage of materials or equipment that are buoyant, flammable, explosive or
injurious to human, animal or plant life is prohibited. Storage of other material may
be allowed if readily removable from the Floodway District within the time available
after flood warning.
G. Watercourse alterations or relocations (channel changes and modifications)
must be designed to maintain the flood carrying capacity within the altered or relo-
cated portion. In addition, such alterations or relocations must be approved by the
Department of Natural Resources.
H. Any fill allowed in the floodway must be shown to have some beneficial pur-
pose and shall be limited to the minimum amount necessary.
I. Pipeline river or stream crossings shall be buried in the streambed and banks
or otherwise sufficiently protected to prevent rupture due to channel degradation
and meandering or due to the action of flood flows.
16-6-4-7: FLOODWAY FRINGE (OVERLAY) DISTRICT FF:
1. Permitted Uses
All development within the Floodway Fringe District shall be permitted to the extent
that they are not prohibited by any other ordinance (or underlying zoning district) and
provided they meet applicable performance standards of the Floodway Fringe District.
2. Performance Standards
All development must be consistent with the need to minimize flood damage and
meet the following applicable performance standards. Until a regulatory floodway is
designated, no development may increase the Base Flood Elevation more than one
(1) foot. The applicant will be responsible for providing the Department of Natural Re-
sources with sufficient technical information to make such determination.
A. All development shall:
1) Be designed and adequately anchored to prevent flotation, collapse, or lat-
eral movement.
2) Use construction methods and practices that will minimize flood damage.
3) Use construction materials and utility equipment that are resistant to flood
damage.
B. Residential structures - All new or substantially improved residential structures
shall have the lowest floor, including basement, elevated a minimum of one (1) foot
above the base flood elevation. Construction shall be upon compacted fill which
shall, at all points, be no lower than 1.0 ft. above the base flood elevation and extend
at such elevation at least 18 feet beyond the limits of any structure erected thereon.
Alternate methods of elevating (such as piers or extended foundations) may be al-
lowed where existing topography, street grades, or other factors preclude elevating
by fill. In such cases, the methods used must be adequate to support the structure
as well as withstand the various forces and hazards associated with flooding. All
new residential structures located in areas that would become isolated due to flood-
ing of surrounding ground shall be provided with a means of access that will be
passable by wheeled vehicles during the base flood. However, this criterion shall
not apply where the Administrator determines there is sufficient flood warning time
29
for the protection of life and property. When estimating flood warning time, consid-
eration shall be given to the criteria listed in 567-75.2(3), Iowa Administrative Code.
C. Non-residential structures - All new or substantially improved non-residential
structures shall have the lowest floor (including basement) elevated a minimum of
one (1) foot above the base flood elevation, or together with attendant utility and
sanitary systems, be floodproofed to such a level. When floodproofing is utilized, a
professional engineer registered in the State of Iowa shall certify that the floodproof-
ing methods used are adequate to withstand the flood depths, pressures, velocities,
impact and uplift forces and other factors associated with the base flood; and that
the structure, below the base flood elevation is watertight with walls substantially
impermeable to the passage of water. A record of the certification indicating the
specific elevation (in relation to North American Vertical Datum 1988) to which any
structures are floodproofed shall be maintained by the Administrator.
D. All new and substantially improved structures
1) Fully enclosed areas below the "lowest floor" (not including basements) that
are subject to flooding shall be designed to automatically equalize hydrostatic
flood forces on exterior walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be certified by a registered pro-
fessional engineer or meet or exceed the following minimum criteria:
a. A minimum of two (2) openings, with positioning on at least two (2) walls,
having a total net area of not less than one square inch for every square foot
of enclosed area subject to flooding shall be provided.
b. The bottom of all openings shall be no higher than one foot above grade.
c. Openings may be equipped with screens, louvers, valves, or other cov-
erings or devices provided they permit the automatic entry and exit of flood-
waters.
Such areas shall be used solely for parking of vehicles, building access and
low damage potential storage.
2) New and substantially improved structures must be designed (or modified)
and adequately anchored to prevent flotation, collapse, or lateral movement of
the structure resulting from hydrodynamic and hydrostatic loads, including the
effects of buoyancy.
3) New and substantially improved structures shall be constructed with electri-
cal, heating, ventilation, plumbing, air conditioning equipment and other service
facilities (including ductwork) elevated to a minimum of one (1) foot above the
base flood elevation.
E. Factory -built homes
1) All new and substantially improved factory -built homes, including those
placed in existing factory -built home parks or subdivisions, shall be elevated on
a permanent foundation such that the lowest floor of the structure is a minimum
of one (1) foot above the base flood elevation.
2) All new and substantially improved factory -built homes, including those
placed in existing factory -built home parks or subdivisions, shall be anchored to
resist flotation, collapse, or lateral movement. Anchorage systems may include,
but are not limited to, use of over -the -top or frame ties to ground anchors as
required by the State Building Code.
30
F. Utility and Sanitary Systems
1) On -site wastewater disposal and water supply systems shall be located or
designed to avoid impairment to the system or contamination from the system
during flooding.
2) All new and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the system as well as the
discharge of effluent into flood waters. Wastewater treatment facilities (other than
on -site systems) shall be provided with a level of flood protection equal to or
greater than one (1) foot above the base flood elevation.
3) New or replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system. Water supply treatment facil-
ities (other than on -site systems) shall be provided with a level of protection equal
to or greater than one (1) foot above the base flood elevation.
4) Utilities such as gas or electrical systems shall be located and constructed
to minimize or eliminate flood damage to the system and the risk associated with
such flood damaged or impaired systems.
G. Storage of materials and equipment that are flammable, explosive or injurious
to human, animal or plant life is prohibited unless elevated a minimum of one (1)
foot above the base flood elevation. Other material and equipment must either be
similarly elevated or (i) not be subject to major flood damage and be anchored to
prevent movement due to flood waters or (ii) be readily removable from the area
within the time available after flood warning.
H. Flood control structural works such as levees, flood walls, etc. shall provide,
at a minimum, protection from the base flood with a minimum of 3 ft. of design free-
board and shall provide for adequate interior drainage. In addition, the Department
of Natural Resources shall approve structural flood control works.
I. Watercourse alterations or relocations must be designed to maintain the flood
carrying capacity within the altered or relocated portion. In addition, the Department
of Natural Resources must approve such alterations or relocations.
J. Subdivisions (including factory -built home parks and subdivisions) shall be
consistent with the need to minimize flood damages and shall have adequate drain-
age provided to reduce exposure to flood damage. Development associated with
subdivision proposals (including the installation of public utilities) shall meet the ap-
plicable performance standards of Section 16-6-4. Subdivision proposals intended
for residential use shall provide all lots with a means of access which will be passa-
ble by wheeled vehicles during the base flood. Proposals for subdivisions greater
than five (5) acres or fifty (50) lots (whichever is less) shall include base flood ele-
vation data for those areas located within the Floodway Fringe (Overlay) District.
K. Accessory Structures to Residential Uses
1) Detached garages, sheds, and similar structures that are incidental to a
residential use are exempt from the base flood elevation requirements where the
following criteria are satisfied:
a. The structure shall be designed to have low flood damage potential. Its
size shall not exceed 600 sq. ft. in size. Those portions of the structure located
less than 1 foot above the base flood elevation must be constructed of flood -
resistant materials.
31
b. The structure shall be used solely for low flood damage potential pur-
poses such as vehicle parking and limited storage. The structure shall not be
used for human habitation.
c. The structure shall be constructed and placed on the building site so as
to offer minimum resistance to the flow of floodwaters.
d. The structure shall be firmly anchored to prevent flotation, collapse, and
lateral movement which may result in damage to other structures.
e. The structure's service facilities such as electrical and heating equipment
shall be elevated or floodproofed to at least one foot above the base flood
elevation.
f. The structure's walls shall include openings that satisfy the provisions of
Section 16-6-4-7(2)(D)(1) of Title 16 Unified Development Code.
2) Exemption from the base flood elevation requirements for such a structure
may result in increased premium rates for flood insurance coverage of the struc-
ture and its contents.
L. Recreational Vehicles
1) Recreational vehicles are exempt from the requirements of Section 16-6-4-
7(2)(E) of Title 16 Unified Development Code regarding anchoring and elevation
of factory -built homes when the following criteria are satisfied:
a. The recreational vehicle shall be located on the site for less than 180
consecutive days, and,
b. The recreational vehicle must be fully licensed and ready for highway
use. A recreational vehicle is ready for highway use if it is on its wheels or
jacking system and is attached to the site only by quick disconnect type utilities
and security devices and has no permanently attached additions.
2) Recreational vehicles that are located on the site for more than 180 consec-
utive days or are not ready for highway use must satisfy requirements of Section
16-6-4-7(2)(E) of Title 16 Unified Development Code regarding anchoring and
elevation of factory -built homes.
M. Pipeline river and stream crossings shall be buried in the streambed and
banks, or otherwise sufficiently protected to prevent rupture due to channel degra-
dation and meandering.
N. Maximum Damage Potential Development - All new or substantially improved
maximum damage potential development shall have the lowest floor (including
basement) elevated a minimum of one (1) foot above the elevation of the 500-year
flood, or together with attendant utility and sanitary systems, be floodproofed to such
a level. When floodproofing is utilized, a professional engineer registered in the
State of Iowa shall certify that the floodproofing methods used are adequate to with-
stand the flood depths, pressures, velocities, impact and uplift forces and other fac-
tors associated with the 0.2% annual chance flood; and that the structure, below the
0.2% annual chance flood elevation is watertight with walls substantially imperme-
able to the passage of water. A record of the certification indicating the specific ele-
vation (in relation to North American Vertical Datum 1988) to which any structures
are floodproofed shall be maintained by the Administrator. Where 0.2% chance flood
elevation data has not been provided in the Flood Insurance Study, the Iowa De-
partment of Natural Resources shall be contacted to compute such data. The
32
applicant will be responsible for providing the Department of Natural Resources with
sufficient technical information to make such determinations.
16-6-4-8: GENERAL FLOODPLAIN (OVERLAY) DISTRICT (GF):
1. Permitted Uses
A. All development within the General Floodplain District shall be permitted to the
extent that they are not prohibited by any other ordinance (or underlying zoning dis-
trict) and provided they meet the applicable performance standards of the General
Floodplain District.
B. Any development which involves placement of structures, factory -built homes,
fill or other obstructions, storage of materials or equipment, excavation or alteration
of a watercourse shall be reviewed by the Department of Natural Resources to de-
termine (i) whether the land involved is either wholly or partly within the floodway or
floodway fringe and (ii) the base flood elevation. The applicant shall be responsible
for providing the Department of Natural Resources with sufficient technical infor-
mation to make the determination.
C. Review by the Iowa Department of Natural Resources is not required for the
proposed construction of new or replacement bridges or culverts where:
1) The bridge or culvert is located on a stream that drains less than two (2)
square miles, and
2) The bridge or culvert is not associated with a channel modification that con-
stitutes a channel change as specified in 567-71.2(2), Iowa Administrative Code.
2. Performance Standards
A. All development, or portions thereof, to be located in the floodway as deter-
mined by the Department of Natural Resources shall meet the applicable provisions
and standards of the Floodway (Overlay) District Section 16-6-4-6.
B. All development, or portions thereof, to be located in the floodway fringe as
determined by the Department of Natural Resources shall meet the applicable pro-
visions and standards of the Floodway Fringe (Overlay) District Section 16-6-4-7.
16-6-4-9: APPOINTMENT AND DUTIES OF BOARD OF ADJUSTMENT:
1. Appointment and Duties of Board of Adjustment - A Board of Adjustment is hereby
established which shall hear and decide (i) appeals and (ii) requests for variances to
the provisions of Section 16-6-4, and shall take any other action which is required of
the Board.
2. Appeals - Where it is alleged there is any error in any order, requirement, deci-
sion, or determination made by an administrative official in the enforcement of Section
16-6-4, the aggrieved party may appeal such action. The notice of appeal shall be filed
with the Board of Adjustment and with the official from whom the appeal is taken and
shall set forth the specific reason for the appeal. The official from whom the appeal is
taken shall transmit to the Board of Adjustment all the documents constituting the rec-
ord upon which the action appealed from was taken.
3. Variance - The Board of Adjustment may authorize upon request in specific cases
such variances from the terms of Section 16-6-4 that will not be contrary to the public
interest where, owing to special conditions, a literal enforcement of the provisions of
Section 16-6-4 will result in unnecessary hardship. Variances granted must meet the
following applicable standards:
A. Variances shall only be granted upon: (i) a showing of good and sufficient
33
cause, (ii) a determination that failure to grant the variance would result in excep-
tional hardship to the applicant, and (iii) a determination that the granting of the
variance will not result in increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on or victimization of
the public or conflict with existing local codes or ordinances.
B. Variances shall not be issued within any designated floodway if any increase
in flood levels during the base flood would result. Consideration of the effects of any
development on flood levels shall be based upon the assumption that an equal de-
gree of development would be allowed for similarly situated lands.
C. Variances shall only be granted upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
D. In cases where the variance involves a lower level of flood protection for struc-
tures than what is ordinarily required by Section 16-6-4, the applicant shall be noti-
fied in writing over the signature of the Administrator that: (i) the issuance of a vari-
ance will result in increased premium rates for flood insurance up to amounts as
high as $25 for $100 of insurance coverage and (ii) such construction increases
risks to life and property.
E. All variances granted shall have the concurrence or approval of the Depart-
ment of Natural Resources.
4. Hearings and Decisions of the Board of Adjustment
A. Hearings. Upon the filing with the Board of Adjustment of an Appeal or a re-
quest for a Variance, the Board shall hold a public hearing. The Board shall fix a
reasonable time for the hearing and give public notice thereof, as well as due notice
to parties in interest. At the hearing, any party may appear in person or by agent or
attorney and present written or oral evidence. The Board may require the appellant
or applicant to provide such information as is reasonably deemed necessary and
may request the technical assistance and/or evaluation of a professional engineer
or other expert person or agency, including the Department of Natural Resources.
B. Decisions. The Board shall arrive at a decision on an Appeal or Variance within
a reasonable time. In passing upon an Appeal, the Board may, so long as such
action is in conformity with the provisions of Section 16-6-4, reverse or affirm, wholly
or in part, or modify the order, requirement, decision, or determination appealed
from, and it shall make its decision, in writing, setting forth the findings of fact and
the reasons for its decision. In granting a Variance, the Board shall consider such
factors as contained in this section and all other relevant sections of Section 16-6-4
and may prescribe such conditions as contained in Section 16-6-4-9(B)(2).
1) Factors Upon Which the Decision of the Board of Adjustment Shall be
Based. In passing upon applications for Variances, the Board shall consider all
relevant factors specified in other sections of Section 16-6-4 and:
a. The danger to life and property due to increased flood heights or veloci-
ties caused by encroachments.
b. The danger that materials may be swept on to other land or downstream
to the injury of others.
c. The proposed water supply and sanitation systems and the ability of
these systems to prevent disease, contamination, and unsanitary conditions.
d. The susceptibility of the proposed facility and its contents to flood damage
34
and the effect of such damage on the individual owner.
e. The importance of the services provided by the proposed facility to the
City.
f. The requirements of the facility for a floodplain location.
g. The availability of alternative locations not subject to flooding for the pro-
posed use.
h. The compatibility of the proposed use with existing development and de-
velopment anticipated in the foreseeable future.
i. The relationship of the proposed use to the comprehensive plan and flood -
plain management program for the area.
j. The safety of access to the property in times of flood for ordinary and
emergency vehicles.
k. The expected heights, velocity, duration, rate of rise and sediment
transport of the flood water expected at the site.
I. The cost of providing governmental services during and after flood condi-
tions, including maintenance and repair of public utilities (sewer, gas, electrical
and water systems), facilities, streets, and bridges.
m. Such other factors which are relevant to the purpose of Section 16-6-4.
2) Conditions Attached to Variances - Upon consideration of the factors listed
above, the Board of Adjustment may attach such conditions to the granting of
variances as it deems necessary to further the purpose of Section 16-6-4. Such
conditions may include, but not necessarily be limited to:
a. Modification of waste disposal and water supply facilities.
b. Limitation of periods of use and operation.
c. Imposition of operational controls, sureties, and deed restrictions.
d. Requirements for construction of channel modifications, dikes, levees,
and other protective measures, provided such are approved by the Depart-
ment of Natural Resources and are deemed the only practical alternative to
achieving the purpose of Section 16-6-4.
e. F000dproofing measures shall be designed consistent with the flood pro-
tection elevation for the particular area, flood velocities, duration, rate of rise,
hydrostatic and hydrodynamic forces, and other factors associated with the
regulatory flood. The Board of Adjustment shall require that the applicant sub-
mit a plan or document certified by a registered professional engineer that the
floodproofing measures are consistent with the regulatory flood protection el-
evation and associated flood factors for the particular area.
5. Appeals to the Court - Any person or persons, jointly or severally, aggrieved by
any decision of the Board of Adjustment may present to a court of record a petition,
duly verified, setting forth that such decision is illegal, in whole or in part, specifying the
grounds of the illegality. Such petition shall be presented to the court within thirty days
after the filing of the decision in the office of the Board.
16-6-4-10: NONCONFORMING USES:
1. A structure or the use of a structure or premises which was lawful before the
passage or amendment of Section 16-6-4, but which is not in conformity with the pro-
visions of Section 16-6-4, may be continued subject to the following conditions:
A. If such use is discontinued for six (6) consecutive months, any future use of
35
the building premises shall conform to Section 16-6-4.
B. Uses or adjuncts thereof that are or become nuisances shall not be entitled to
continue as nonconforming uses.
C. If any nonconforming use or structure is destroyed by any means, including
flood, it shall not be reconstructed if the cost is more than fifty (50) percent of the
market value of the structure before the damage occurred, unless it is reconstructed
in conformity with the provisions of Section 16-6-4. This limitation does not include
the cost of any alteration to comply with existing state or local health, sanitary, build-
ing or safety codes or regulations or the cost of any alteration of a structure listed
on the National Register of Historic Places, provided that the alteration shall not
preclude its continued designation.
2. Except as provided in Section 16-6-4-10(1)(B), any use which has been permitted
as a Variance shall be considered a conforming use.
16-6-4-11: PENALTIES FOR VIOLATION:
Violations of the provisions of Unified Development Code Section 16-6-4 or failure to
comply with any of the requirements (including violations of conditions and safeguards
established in connection with grants of Variances) shall constitute a misdemeanor. Any
person who violates Section 16-6-4 or fails to comply with any of its requirements shall
upon conviction thereof be fined not more than $500.00 (FIVE HUNDRED DOLLARS) or
imprisoned for not more than 30 (THIRTY) days. Each day such violation continues shall
be considered a separate offense. Nothing herein contained prevent the City of Dubuque
from taking such other lawful action as is necessary to prevent or remedy violation.
16-6-4-12: AMENDMENTS:
The regulations and standards set forth in Unified Development Code Section 16-6-4
may from time to time be amended, supplemented, changed, or repealed. No amend-
ment, supplement, change, or modification shall be undertaken without prior approval of
the Department of Natural Resources.
Section 2. The ordinance shall take effect on August 10, 2021.
Passed, approved, and adopted this 21 st day of June 2021.
/s/Danny C. Sprank, Mayor Pro Tern
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on the 16th day of July 2021.
/s/Adrienne N. Breitfelder, City Clerk
2. Amending the Planned Residential (PR) zoning district to facilitate the construction
of an Administration and Outreach addition - Quasi -Judicial Rezoning: Proof of publication
on notice of public hearing to consider City Council approval to amend the Planned Res-
idential (PR) zoning district located at 3485 Windsor Ave. to facilitate the construction of
an Administration and Outreach addition, and Zoning Advisory Commission recommend-
ing approval. Motion by Cavanagh to receive and file the documents and that the require-
ment 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. Planning Services Manager Wally Wernimont provided a staff report. Motion car-
ried 7-0.
Motion by Cavanagh for final consideration and passage of Ordinance No. 25-21
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
36
Code, rescinding Ordinance 36-19 and approving an amended Conceptual Development
Plan for the Padre Pio Health Care Center and Assisi Village Planned Unit Development.
Seconded by Farber. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 25-21
AMENDING TITLE 16 OF THE CITY OF DUBUQUE. CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE RESCINDING ORDINANCE 36-19 AND APPROVING AN
AMENDED CONCEPTUAL DEVELOPMENT PLAN FOR THE PADRE PIO HEALTH
CARE CENTER AND ASSISS VILLAGE PLANNED UNIT DEVELOPMENT
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 Ordinance Unified development
Code is hereby amended by resending ordinance number 36-19, and adopting a revised
campus development plan for the Padre Pio Health Care Center and Assissi Village
planned unit development, to wit:
Lot 1 Padre Pio Subdivision No. 1, and to the centerline of the adjoining public right-
of-way, all in the City of Dubuque, Iowa.
Section 2. That in order to accomplish the purposes of this Planned Unit Development
District, the above -described property is subject to the following conditions and re-
strictions:
A. Use Regulations - The following regulations shall apply to all uses made of land
in the above- described Planned Residential District:
1. Principal permitted uses shall be limited to the following:
a. Nursing or convalescent homes.
b. Residential care facilities.
c. Multi -family dwellings limited to 53 congregate apartments and 25 cottages
for independent living.
d. Offices for administrative personnel or other employees and affiliates.
e. Off-street parking and loading.
2. Conditional use shall be regulated by Section 5-22.2 of the Unified Develop-
ment Code.
3. Accessory uses shall be regulated by Section 5-22.3 of the Unified Develop-
ment Code.
B. Lot and Bulk Regulations - Development of land in the Planned Residential Dis-
trict shall be regulated as follows:
1. That all previously approved campus development plans are hereby amended
to allow for the attached development plan.
C. Site Development Standards - The site development standards for this Planned
Residential District shall be established as follows:
1. That the proposed access road from Sheridan Road shall be located in sub-
stantial conformance with the conceptual development plan.
2. The 24-foot-wide private roadway serving the Assisi Village development shall
have no on -street parking allowed.
3. Off -Street parking for the Assissi Village development shall be 5 space per
congregate apartment unit and 2 spaces per cottage dwelling.
37
4. Sidewalks shall be provided within the Assisi Village development as depicted
in the approved conceptual plan.
5. Site plans shall be submitted in compliance with Section 12 Site Plans of the
Unified Development Code.
6. New outdoor lighting shall comply with Section 13-3.1 Site Lighting of the Uni-
fied Development Code.
7. That storm water from new facilities shall comply with Section 13-3.3 Storm
Water Management of the Unified Development Code.
8. Landscaping and screening requirements shall be established in accordance
with the requirements of Section 13-4.4 of the Unified Development Code.
9. Trash enclosures shall comply with Section 13-4.9 Exterior Trash Collection
Areas of the Unified Development Code.
D. Sign Regulations - The sign regulations for the Padre Pio Health Center shall be
in accordance with the ID District in Section 15-11.13 of the Unified Development Code
of the City of Dubuque, Iowa.
1. The sign regulations for the Assisi Village Development shall be in accordance
with the R-4 Multi -Family Residential District in Section 15-11.1 of the Unified De-
velopment Code.
E. Parking Standards - The off-street parking requirement for the principal permitted
uses for the herein described Planned Residential District shall be regulated as follows:
1. That new off-street parking spaces shall be designed and constructed in com-
pliance with Section 13-3.5 Parking Lot Layout of the Unified Development Code.
2. Any significant expansion or reduction in the number of off-street parking
spaces must be reviewed by Planning Services staff for compliance with the
adopted Padre Pio Health Center/Assisi Village Planned Residential District.
F. Ordinance History
1. 66-95: Rezoned Stonehill Care Center property from R-4 Multi -Family Resi-
dential District to ID Institutional District.
2. 25-97: Amended existing Planned Unit Development District to allow the de-
velopment of the Assisi Village.
3. 45-11: Amend Institutional District to allow construction of 4-story nursing ad-
dition and a single -story therapy addition.
4. 36-16: Amend Institutional District by rezoning 3160 Sheridan Road from - R-
1 Single Family District to Institutional District and allow construction of a new ac-
cess drive to Sheridan Road.
5. 36-19: Amend the Institutional District rescinding Ordinances 66-95, 25-97, 45-
11 and 36-16 and approving an amended conceptual development plan for the Pa-
dre Pio Health Care Center and Assisi Village, rezone the existing Institutional Dis-
trict to Planned Unit Development, and rezone property along Sheridan Road from
R-1 to Planned Unit Development
G. Transfer of Ownership - Transfer of ownership or lease of property in this Planned
Residential District shall include the transfer or lease agreement, the provision that the
purchaser or leasee acknowledges awareness of the conditionals authorizing the es-
tablishment of this district.
H. Modifications - Any modifications of this Ordinance must be approved by the City
council in accordance with zoning reclassification proceedings of Section 9-5 of the
Unified Development Code.
Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Ad-
visory Commission of the City of Dubuque, Iowa.
Section 4. This Ordinance shall take effect immediately upon publication, as provided
by law.
Passed, approved, and adopted this 21 st day of June 2021.
/s/Danny C. Sprank, Mayor Pro Tern
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on the 251" day of June 2021.
/s/Adrienne N. Breitfelder, City Clerk
3. Jule Public Hearing Iowa Department of Transportation's Consolidated Funding Ap-
plication: Proof of publication on notice of public hearing to consider City Council approval
of the annual Consolidated Funding Application as submitted to the Iowa Department of
Transportation, and approval of signature on the Certificate of Cost Allocation Plan and
Authorizing Resolution, and City Manager recommending approval. Motion by Roussell
to receive and file the documents and adopt Resolution No. 214-21 Authorizing Resolu-
tion: Approval of Consolidated Funding Application to Iowa DOT. Seconded by Resnick.
Motion carried 7-0.
RESOLUTION NO. 214-21
AUTHORIZING RESOLUTION - APPROVAL OF CONSOLIDATED FUNDING APPLI-
CATION TO IOWA DOT
Whereas, the City of Dubuque provides fixed -route and paratransit services for the
citizens of Dubuque; and
Whereas, the Iowa Department of Transportation (IDOT) is a pass -through funding
entity for federal capital and operating funds; and
Whereas, the City has historically applied through the IDOT for these funds; and
Whereas, the City Council finds that the applying for the funds to be beneficial to the
continued provision of transit service for the citizens of Dubuque.
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 endorses the attached
application to the Iowa Department of Transportation, which includes a City match.
Section 2. The Iowa Department of Transportation application will include requests and
mandatory certifications by the City of Dubuque as follows:
From the State Transit Assistance Program: 2.02% of formula funds, Total:
$327,654, From federal funds for transit in non -urbanized areas and/or for transit
serving primarily elderly persons and persons with disabilities: $61,397, We under-
stand acceptance of federal transit assistance involves an agreement to comply with
certain labor protection provisions. We certify that the City of Dubuque/The Jule has
sufficient non-federal funds or sufficient in -kind match to provide required local
match for capital projects and at time of delivery will have the funds to operate and
maintain vehicles and equipment purchased under this contract. We request that
State Transit Assistance formula funding be advanced as allowed by law, to improve
system cash flow.
39
Section 3. That Russell Stecklein, Director of Transportation Services, is authorized to
on behalf of the City Council, to apply for financial assistance and to enter into related
contract(s) with the Iowa Department of Transportation.
Passed, adopted, and approved this 21 st day of June 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
4. Public Hearing on the Issuance of Not to Exceed $3,800,000 Water Revenue Re-
funding Bonds, Series 2021 C: Proof of publication on notice of public hearing to consider
City Council approval of the suggested proceedings for the public hearing on the issuance
of not to exceed $3,800,000 in Water Revenue Refunding Bonds, Series 2021 C, and City
Manager recommending approval. Motion by Cavanagh to receive and file the documents
and adopt Resolution No. 215-21 Instituting proceedings to take additional action for the
issuance of not to exceed $3,800,000 Water Revenue Refunding Bonds. Seconded by
Roussell. Responding to a question from the City Council, City Manager Van Milligen
stated that Moody's upgrade is unsurprising based on the City Council being strategic
with City funds. Motion carried 7-0.
RESOLUTION NO. 215-21
INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE
OF NOT TO EXCEED $3,800,000 WATER REVENUE REFUNDING BONDS
Whereas, pursuant to notice published as required by law, the City Council has held a
public meeting and hearing upon the proposal to institute proceedings for the issuance of
not to exceed $3,800,000 Water Revenue Refunding Bonds, in order to provide funds to
pay the costs of refunding outstanding revenue obligations of the City, including Water
Revenue Bonds, Series 2010D dated September 21, 2010, and Water Revenue Bonds,
Series 2008D dated November 4, 2008, and has considered the extent of objections re-
ceived from residents or property owners as to the proposed issuance of Bonds; and
accordingly the following action is now considered to be in the best interests of the City
and residents thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA-
That this Council does hereby institute proceedings and take additional action for the
authorization and the issuance in the manner required by law of not to exceed $3,800,000
Water Revenue Refunding Bonds, for the foregoing purposes.
Passed and approved this 21 st day of June 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
5. Grant of Easement to Ehrlich Properties, L.L.C.: Proof of publication on notice of
public hearing to consider City Council approval of the Grant of Retaining Wall Easement
to Ehrlich Properties, L.L.C. for a private retaining wall over City owned right-of-way prop-
erty on Helen Ridge Court in North Grandview Estates No. 2 as part of the North
Grandview Estates development project, and City Manager recommending approval. Mo-
tion by Farber to receive and file the documents and adopt Resolution No. 216-21 Dis-
posing of city interest by Grant of Retaining Wall Easement to Ehrlich Properties, L.L.C.
we
across part of the Helen Ridge Court right of way in North Grandview Estates No. 2, City
of Dubuque, Iowa; and Resolution No. 217-21 Granting a Retaining Wall Easement to
Ehrlich Properties, L.L.C. across part of the Helen Ridge Court right of way in North
Grandview Estates No. 2, City of Dubuque, Iowa. Seconded by Resnick. Motion carried
7-0.
RESOLUTION NO. 216-21
DISPOSING OF CITY INTEREST BY GRANT OF RETAINING WALL EASEMENT TO
EHRLICH PROPERTIES, L.L.C. ACROSS PART OF THE HELEN RIDGE COURT
RIGHT OF WAY IN NORTH GRANDVIEW ESTATES NO. 2, CITY OF DUBUQUE,
IOWA
Whereas, pursuant to resolution and published notice of time and place of hearing,
published in the Telegraph Herald, a newspaper of general circulation published in the
City of Dubuque, Iowa on the 11 t" day of June, 2021, the City Council of the City of Dubu-
que, Iowa met on this 21 st day of June, 2021, at 6:30 p.m. in the Historic Federal Building,
350 W. 6t" Street, Dubuque, Iowa, to consider the proposal for the granting of easement
across City owned property described as:
Part of the Helen Ridge Court right of way in North Grandview Estates No. 2, City
of Dubuque, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec-
tions, oral or written to the proposed granting of easement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Grant of Retaining Wall Easement to Ehrlich Properties, L.L.C.
across part of the Helen Ridge Court right of way in North Grandview Estates No. 2, City
of Dubuque, Iowa, be and the same is hereby approved.
Section 2. That the Mayor be authorized and directed to execute the Grant of Retaining
Wall Easement and the City Clerk be and is hereby authorized and directed to deliver
said Grant of Easement to Ehrlich Properties, L.L.C.
Section 3. That the City Clerk be and is hereby authorized and directed to record a
certified copy of this Grant of Retaining Wall Easement in the office of the Dubuque
County Recorder.
Passed, approved, and adopted this 21 st day of June 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
RESOLUTION NO. 217-21
GRANTING A RETAINING WALL EASEMENT TO EHRLICH PROPERTIES, L.L.C.
ACROSS PART OF THE HELEN RIDGE COURT RIGHT OF WAY IN NORTH
GRANDVIEW ESTATES NO. 2, CITY OF DUBUQUE, IOWA
Whereas, Ehrlich Properties, L.L.C. has requested a "Grant of Retaining Wall Ease-
ment" across part of the Helen Ridge Court right of way in North Grandview Estates No.
2, City of Dubuque, Iowa, for a private retaining wall; and
Whereas, Buesing and Associates Inc. has prepared and submitted to the City Council
an exhibit showing the easement area for the proposed private retaining wall across part
of the Helen Ridge Court right of way in North Grandview Estates No. 2, City of Dubuque,
41
Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa, has determined that the por-
tion of Part of the Helen Ridge Court right of way in North Grandview Estates No. 2, City
of Dubuque, Iowa, can be utilized for the for a private retaining wall, as shown on the
Exhibit A, in the City of Dubuque, Iowa, and should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Grant of Retaining Wall Easement to Ehrlich Properties, L.L.C. be
and the same is hereby approved.
Passed, approved, and adopted this 21 st day of June 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
6. Corps of Engineers Acceptance of Consent to Easement Structures: Proof of publi-
cation on notice of public hearing to consider City Council approval of the Corps of Engi-
neers Acceptance of Consent to Easement Structures, and City Manager recommending
approval. Motion by Resnick to receive and file the documents and adopt Resolution No.
218-21 Disposing of an Interest in Real Estate through Agreement with the Army Corps
of Engineers. Seconded by Roussell. Motion carried 7-0.
RESOLUTION NO. 218-21
DISPOSING OF AN INTEREST IN REAL ESTATE THROUGH AGREEMENT WITH
THE ARMY CORPS OF ENGINEERS
Whereas, the City Council, by Resolution No. 185-21, dated June 7, 2021, declared its
intent to dispose of City interest in real property; and
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on June 21, 2021, at 6:30 p.m. and conducted virtually, at which meeting the
City Council proposes to take action on the Acceptance of Consent to Easement Struc-
tures between the City and the United States government; and
Whereas, Dubuque has a flood control system along the Mississippi River, and
Whereas, the United States has acquired a perpetual flowage easement over Tract
Nos. FIA-117, Mississippi River Project, Pool 12, and which was recorded in Record Book
114, Pages 1-21, in the records in Dubuque, Iowa, and
Whereas, the United States has been requested to give consent for the installation,
operation, and maintenance to repair an existing concrete floodwall that is part of the
Dubuque, Iowa Flood Risk Management Project, and
Whereas, the City of Dubuque is required to enter into an Acceptance of Consent to
Easement Structures; and
Whereas, the City Council finds that it is in the best interest of the City to approve the
Acceptance of Consent to Easement Structures.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council approves the Acceptance of Consent to Easement Struc-
tures with the Corps of Engineers.
Section 2. The Mayor is hereby authorized and directed to sign the agreement.
Passed, adopted, and approved this 21 st day of June 2021.
42
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
PUBLIC INPUT
Due to the COVID-19 pandemic and mandates for social distancing, public input was
made available through GoToMeeting chat function, and City Council and City Clerk email
accounts. Staff stated that no online public input was received.
ACTION ITEMS
1. John F. Kennedy Road Sidewalk Installation Project 2021 (CIP 3002773): City Man-
ager recommended City Council recission of Resolution Nos. 187-21, 188-21, 189-21 and
190-21, resulting in the cancellation of the current public bidding process for the John F.
Kennedy Road Sidewalk Installation Project, and approving City staff to apply for a
$190,000 Transportation Alternatives Program (TAP) grant through the Dubuque Metro-
politan Area Transportation Study (DMATS). Motion by Roussell to receive and file the
documents and adopt Resolution No. 219-21 Rescinding Resolution Nos. 187-21, 188-
21, 189-21, 190-21; and Resolution No. 220-21 Authorizing the City's Grant Application
to the Transportation Alternatives Program for the John F. Kennedy Sidewalks Installation
Project and assurance that the improvements will be maintained following completion of
the project. Seconded by Jones. City Council thanked city staff for their work and ex-
pressed support for applying for the TAP grant. Responding to a question from the City
Council, City Manager Van Milligen stated that obtaining the TAP grant will cover the
entire cost of the retaining wall, therefore decreasing the residents' assessments. City
Manager Van Milligen stated that city staff will bring the final cost calculations to City
Council once confirmed. Motion carried 7-0.
RESOLUTION NO. 219-21
RESCINDING RESOLUTION NOS. 187-21, 188-21, 189-21, 190-21
Whereas, on 7th day of June 2021, the City Council of the City of Dubuque, Iowa
adopted Resolution No. 187-21 for approving the Preliminary Plans and Specifications,
Resolution 188-21 for approving the Preliminary Plats and Schedule of Assessments,
Resolution 189-21 for approving the Resolution of Necessity and Resolution 190-21 for
approving Fixing the Date for the Public Hearing all for the John F. Kennedy Sidewalk
Installation Project; and
Whereas, City staff became aware of a federal Transportation Alternative Program
(TAP) that can assist with funding for the John F. Kennedy Sidewalk Installation Project;
and
Whereas, the current project development process must stop and follow the federal
aid process to utilize the funding.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE,
IOWA:
Section 1. Resolution Nos. 187-21, 188-21, 189-21, 190-21 are hereby rescinded.
Passed, approved, and adopted this 21 st day of June 2021.
Danny C. Sprank, Mayor Pro Tern
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Attest: Adrienne N. Breitfelder, City Clerk
RESOLUTION NO. 220-21
AUTHORIZING THE CITY'S GRANT APPLICATION TO THE TRANSPORTATION AL-
TERNATIVES PROGRAM FOR THE JOHN F. KENNEDY SIDEWALKS INSTALLA-
TION PROJECT AND ASSURANCE THAT THE IMPROVEMENTS WILL BE MAIN-
TAINED FOLLOWING COMPLETION OF THE PROJECT
Whereas, the Iowa Department of Transportation (IDOT) has grant funds available in
the Transportation Alternatives (TAP) Program to fund alternative transportation; and
Whereas, the John F. Kennedy Road corridor is part of the Dubuque Metropolitan Area
Transportation Study (DMATS) 2045 Long Range Transportation Plan; and
Whereas, the City of Dubuque has allocated city funds to match the requested TAP
grant funds for construction of the John F. Kennedy Road Sidewalks Installation Project;
and
Whereas, the IDOT requires the City of Dubuque's official endorsement of the project
and the City's stated commitment to maintain the improvements for the intended public
use for a minimum of twenty (20) years following project completion.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor is authorized to sign and submit an application for TAP Program
Funds to the IDOT for the John F. Kennedy Road Sidewalk Installation Project.
Section 2. That the City Council hereby provides its written assurance that the John F.
Kennedy Road Sidewalk Installation Project will be adequately maintained for its intended
public use for a minimum of twenty (20) years following completion of the project.
Passed, adopted, and approved this 21 st day of June 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
2. City Council Salary Compensation Task Force Recommendation: City Council Com-
pensation Task Force submitted its recommendation for Mayor and City Council Member
salaries effective January 1, 2022. Motion by Resnick to receive and file the documents
and refer to the City Council. Seconded by Cavanagh. City Council expressed support for
the salary increases due to the number of hours involved in City Council service and to
eliminate barriers to serving. The City Council also expressed support for the process and
thanked the City Council Compensation Task Force for their time and efforts. Responding
to a question from the City Council, City Attorney Brumwell stated that this compensation
process occurs every time the majority of City Council members are up for election. Re-
sponding to a question from the City Council, City Manager Van Milligen stated the pro-
posed salary increase will have minimal impact on the city's budget. Per suggestion from
City Clerk Breitfelder, Council Member Resnick amended the motion to receive and file
the information, concur with the recommendation, and direct city staff to present an ordi-
nance reflecting the compensation changes. Seconded by Cavanagh. Motion carried 7-
0.
3. Code of Conduct: City Attorney recommended the City Council pass a resolution
adopting the Code of Conduct. Motion by Sprank to receive and file the documents and
Es
adopt resolution No. 221-21 Adopting a City Council Code of Conduct. Seconded by
Jones. City Council expressed support for the guide and stated that the guide was one of
City Council's goals. Motion carried 7-0.
RESOLUTION NO. 221-21
ADOPTING A CITY COUNCIL CODE OF CONDUCT
Whereas, the City Council made adopting a Code of Conduct for the Mayor and City
Council a high priority during its 2020 Goal Setting Session; and
Whereas, the City Council has been involved in development and review of the at-
tached Code of Conduct; and
Whereas, the City Council believes it is in the best interest of the City of Dubuque and
the City Council to have a formal set of rules guiding the City Council in its actions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby adopts the attached Code of Conduct.
Section 2. The Code of Conduct is effective immediately.
Passed, approved, and adopted this 21 st day of June 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
4. Contracted Services Agreement - Travel Dubuque/Dubuque Area Convention and
Visitors Bureau: City Manager recommended approval of the Contracted Services Agree-
ment with the Travel Dubuque/Dubuque Area Convention and Visitors Bureau for the
City's financial support for Fiscal Year 2022. Motion by Jones to receive and file the doc-
uments and approve the agreement. Seconded by Cavanagh. Motion carried 7-0.
5. Amending City Ordinance 9-7-321.285 (C) Speed Limit Reduction — Seippel Road
from U.S Highway 20 to Old Highway Road: City Manager recommended an amendment
to City Ordinance 9-7-321.285 (C) that reduces the speed limit from 45 mph to 35 mph
on Seippel Road from U.S. Highway 20 to Old Highway Road. Motion by Cavanagh 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 Roussell. Motion carried 7-0.
Motion by Cavanagh for final consideration and passage of Ordinance No. 26-21
Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chap-
ter 7 Operation, Division 5 Speed Restrictions, Section 9-7-321.285 Limits Generally by
amending the speed limit for a portion of Seippel Road from 45 M.P.H. to 35 M.P.H. Se-
conded by Roussell. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 26-21
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHI-
CLES AND TRAFFIC, CHAPTER 7 OPERATION, DIVISION 5 SPEED RESTRICTIONS,
SECTION 9-7-321.285 LIMITS GENERALLY BY AMENDING THE SPEED LIMIT FOR
A PORTION OF SEIPPEL ROAD FROM 45 M.P.H. TO 35 M.P.H.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9-7-321.285 of the City of Dubuque Code of Ordinances is hereby
amended as follows:
9-7-321.285: LIMITS GENERALLY:
C. When signs are erected giving notice thereof, the following shall be the lawful speed
on the streets or portions thereof designated herein:
Thirty-five (35) miles per hour:
• Airport Road, from U.S. Highway 61 to a point two thousand three hundred
feet (2,300') west of U.S. Highway 61.
• Asbury Road, from a point five hundred feet (500') west of St. John's Drive to
city limits.
• Carter Road, from Kane Street to West 32nd Street.
• Cedar Cross Road, Fremont Street to a point eight hundred feet (800') east of
Ace Avenue.
• Dodge Street (U.S. Highway 20), from Locust Street to a point one thousand
five hundred thirty feet (1,530') east of Locust Street.
• Dodge Street (U.S. Highway 20), Locust Street to a point one thousand one
hundred feet (1,100') west of Locust Street.
• Grandview Avenue, Balboa Street to 32nd Street.
• Grandview Avenue, from a point approximately four hundred feet (400') north
of Ungs Street to Kaufman Avenue.
• John F. Kennedy Road, Dodge Street (U.S. Highway 20) to Sunset Park Cir-
cle.
• Kerper Boulevard, 11 t" Street to Hawthorne Street.
• Pennsylvania Avenue, John F. Kennedy Road to westerly city limits.
• Peru Road, Sheridan Road to Roosevelt Road (Valley Road).
• Radford Road, from Chavenelle Road to the northerly city limits.
• Roosevelt Road (Valley Road and Pebman Road), Peru Road to a point five
hundred feet (500') north of Amelia Drive.
• Seippel Road, U.S. Highway 20 to the northerly city limits.
• University Avenue, Prysi Street to John F. Kennedy Road.
• Wacker Drive, Dodge Street (U.S. Highway 20) to John F. Kennedy Road.
• 16t" Street, East, Kerper Boulevard to Sycamore Street.
• 32nd Street, West, Grandview Avenue to Highland Park.
Forty-five (45) miles per hour:
• Dodge Street (U.S. Highway 20), from a point one thousand five hundred thirty
feet (1,530') east of Locust Street to the easterly city limits on the Julien Dubu-
que bridge.
• Dodge Street (U.S. Highway 20), from a point one thousand one hundred feet
(1,100') west of Locust Street to a point five hundred feet (500') east of Cres-
cent Ridge Road.
• Locust Street ramps to U.S. 52/61/151, from Locust Street to U.S. 52/61/151.
• Northwest Arterial (IA 32), U.S. Highway 20 to U.S. Highway 52.
• Peru Road, Roosevelt Road (Valley Road) to northerly city limits.
• U.S. 61/151/52, from a point one hundred fifty feet (150') north of 5t" Street to
a point one thousand one hundred feet (1,100') south of the Julien Dubuque
bridge.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 21 St day of June 2021
/s/Danny C. Sprank, Mayor Pro Tern
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on the 25t" day of June, 2021.
/s/Adrienne N. Breitfelder, City Clerk
6. City Council Hybrid Meetings in Council Chambers: City Clerk transmitted infor-
mation for City Council returning to Council Chambers for City Council meetings starting
July 6, 2021. Motion by Cavanagh to receive and file the information and refer to the City
Council. Seconded by Resnick. City Council collectively agreed that they should follow
CDC guidance by not wearing masks in Council Chambers due to being vaccinated. After
discussing the various options for public input, City Council agreed that members of the
public can attend City Council meetings and remain in Council Chambers throughout the
entire meeting unless Council Chambers reaches the maximum capacity as determined
by city staff. If Council Chambers reach capacity, then city staff may impose restrictions,
such as only allowing people with business for the City Council in Council Chambers or
requesting people exit Council Chambers at the conclusion of the item they are speaking
about. Per suggestion from City Clerk Breitfelder, Council Member Cavanagh amended
his motion to receive and file the documents and approve the recommendations while
incorporating the updates discussed by the City Council. Seconded by Resnick. Motion
carried 7-0.
7. Request for Work Session: Black Hills Energy Project Updates: Black Hills Energy
requested the City Council schedule a work session for Monday, August 16, 2021 at 5:30
p.m. to receive updates on recent projects and potential partnerships that support the
City's climate action goals. Motion by Resnick to receive and file the documents and
schedule the work session as recommended. Seconded by Farber. No schedule conflicts
were expressed. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Farber reported on attending a Sister City Committee meeting and
the committee's plans to host a photo exhibit in October.
Council Member Resnick reported on recent downtown recovery efforts in the North
End and on attending the Juneteenth Celebration in Comiskey Park.
Council Member Jones reported on the Dubuque Racing Association (DRA) approving
Alan Dickson to the Director of Operations role. Council Member Jones also reported on
the upcoming Major League Baseball (MLB) game at the Field of Dreams and the positive
economic impact the event will have on Dubuque.
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Council Member Sprank thanked Ernest Jackson and his team for hosting the
Juneteenth Celebration. Mr. Sprank also reported on the Comiskey Park remodel, Liberty
Recovery House, and the Pride Parade scheduled for Saturday.
Council Member Roussell also reported on attending the Juneteenth Celebration.
Mayor Buol encourage people to get vaccinated, stating that the new variants of the
COVID-19 virus are worrisome to the medical community.
There being no further business, Mayor Buol declared the meeting adjourned at 8:54
p.m.
/s/Adrienne N. Breitfelder, City Clerk