9 19 11 City Council Proceedings Official_RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on September 19, 2011 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Pro -Tem Sutton, Council Members Braig, Connors, Jones, Lynch, Resnick,
Acting City Manager Peck, City Attorney Lindahl
Absent: Mayor Buol, City Manager Van Milligen
Mayor Pro -Tem Sutton read the call and stated this is a regular session of the City Council
to conduct such business that may properly come before the Council.
Pledge of Allegiance
Invocation was provided by Reverend Eugene Kutsch.
PROCLAMATION
Crop Walk Day (October 2, 2011) was accepted by Dorothy Krayer, 1205 Park Street.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated with exception to #11 (Request to Rezone 340 Olympic Heights). Seconded by
Jones. Motion carried 6 -0.
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 7/26;
Cable Community Teleprogramming Commission of 7/5; City Council proceedings of 9/6 and
9/12; Civil Service Commission of 9/5 and 9/6; Housing Trust Fund Committee of 8/19 and
9/23/10; Human Rights Commission of 7/25; Park and Recreation Advisory Commission of 8/9;
Zoning Advisory Commission of 9/7; Zoning Board of Adjustment of 8/25
Library Board of Trustees Update from Meeting of August 25, 2011
Proofs of Publication for City Council Proceedings of August 24 and 24, 2011
Upon motion the documents were received and filed.
Notice of Claims /Suits: Curt and LuAnn Callahan for property damage; Lorraine Lattner for
property damage; Sarah Ryan for property damage; Peter Sweeney for personal injury. Upon
motion the documents were received, filed and referred to the City Attorney.
City Attorney advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Nichole Bauer for
vehicle damager; Curt Callahan for property damage; Lorraine Lattner for property damage;
Sarah Ryan for property damage; Charles Sulcer for vehicle damage; Peter Sweeney for
personal injury; Katy Wethal for property damage; Kim Yoko for personal injury. Upon motion
the documents were received, filed and concurred.
2011 Justice Assistant Grant (JAG): City Manager recommending approval to accept the
2011 Justice Assistance Grant (JAG) award in the amount of $57,858 from the Edward Byrne
Memorial Assistance Grant program and authorize the signing of the award document and
special conditions. Upon motion the documents were received, filed, and approved.
Fiscal Year 2011 City Street Financing Report: City Manager recommending approval of the
City of Dubuque's Fiscal Year 2011 City Street Financing Report. Upon motion the documents
were received and filed and Resolution No. 313 -11 Approving the City of Dubuque Fiscal Year
2011 City Street Financing Report was adopted.
RESOLUTION NO. 313 -11
APPROVING THE CITY OF DUBUQUE FISCAL YEAR 2011 CITY STREET FINANCING
REPORT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBQUE, IOWA:
Section 1. That the City Street Finance Report for the period of July 1, 2010, to June 30,
2011, is hereby approved and that the City Clerk is hereby authorized and directed to file said
report with the Iowa Department of Transportation.
Passed, approved and adopted this 19th day of September, 2011
Lynn V. Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
Manson Road Bridge and Watermain Emergency Repair: City Manager recommending
emergency repairs to the Manson Road bridge and watermain and to retain IIW Engineers &
Surveyors, PC to provide engineering consultant services. Upon motion the documents were
received and filed and Resolution No. 314 -11 Authorizing emergency repairs to the bridge and
watermain on Manson Road and to retain the services of IIW Engineers & Surveyors, PC to
provide engineering consultant services was adopted.
RESOLUTION NO. 314 -11
AUTHORIZING EMERGENCY REPAIRS TO THE BRIDGE AND WATERMAIN ON MANSON
ROAD AND TO RETAIN THE SERVICES OF IIW ENGINEERS & SURVEYORS, PC TO
PROVIDE ENGINEERING CONSULTANT SERVICES
Whereas, the Manson Road bridge and watermain are need of repair due to the July 27 -28,
2011 severe storm event; and
Whereas, Iowa Code § 384.103 provides that when emergency repair of a public
improvement is necessary and the delay of advertising and a public letting might cause serious
loss or injury to the city, the governing body shall, by resolution, make a finding of the
necessity to institute emergency proceedings and shall procure a certificate from a competent
registered professional engineer or architect, not in the regular employ of the city, certifying
that emergency repairs are necessary, and that in that event the governing body may contract
for emergency repairs without holding a public hearing and advertising for bids; and
Whereas, the City Council finds that the damaged condition of the watermain and bridge
along Manson Road constitutes an emergency and that an emergency repair is in the best
interest of public welfare and safety and the delay of advertising and a public letting might
cause serious loss or injury to the city; and
Whereas, the City has procured a certificate from IIW Engineers & Surveyors, PC, a
competent professional engineer registered in the State of Iowa, not in the regular employ of
the City, certifying that emergency repairs to the bridge and watermain are necessary.
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NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council finds that it is necessary to institute emergency proceedings to
repair the bridge and watermain along Manson Road.
Section 2. The City Manager is hereby authorized to proceed with instituting such
emergency repairs as provided by law.
Section 3. The City Council approves that IIW Engineers & Surveyors, PC be retained to
provide the consultant engineering services for Manson Road Bridge and Watermain Repairs
Emergency Repair Project.
Passed, adopted and approved this 19th day of September, 2011.
Lynn V. Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
Consent Decree Semiannual Report: City Manager submitting the Environmental Protection
Agency (EPA) Consent Decree, September 30, 2011 semiannual report. Upon motion the
documents were received and filed.
Bishop Block Subordination: City Manager recommending approval of the subordination of
the City's mortgage on the Bishop's Block Building at the request of Mercy Housing, Inc., in
order to refinance existing indebtedness on the property. Upon motion the documents were
received, filed, and approved.
Fiscal Year 2011 Consolidated Annual Performance and Evaluation Report (CAPER): City
Manager recommending approval of the submission to U.S Department of Housing and Urban
Development of the Consolidated Annual Performance and Evaluation Report (CAPER) for the
period of July 1, 2010 through June 30, 2011. Upon motion the documents were received and
filed and Resolution No. 315 -11 Authorizing the submission of a Consolidated Performance
and Evaluation Report (CAPER) for the period commencing July 1, 2010 and concluding June
30, 2011 was adopted.
RESOLUTION NO. 315 -11
AUTHORIZING THE SUBMISSION OF A CONSOLIDATED ANNUAL PERFORMANCE AND
EVALUATION REPORT (CAPER) FOR THE PERIOD COMMENCING JULY 1, 2010 AND
CONCLUDING JUNE 30, 2011.
Whereas, the City of Dubuque, Iowa, is an entitlement grant recipient under the Community
Development Block Grant (CDBG) Program of the U.S. Department of Housing and Urban
Development (HUD); and
Whereas, the City of Dubuque, Iowa was awarded Community Development Block Grant
Recovery (CDBG -R) funds and Homelessness Prevention and Rapid Re- Housing Program
(HPRP) funds in FY 2009; and
Whereas, the CDBG regulations require that no later than ninety (90) days after the
completion of a program year, each entitlement recipient must submit a performance and
evaluation report, Consolidated Annual Performance and Evaluation Report (CAPER); and,
Whereas, the City has 1) prepared a CAPER for the program year commencing July 1, 2010
and concluding June 30, 2011; 2) published notice of availability of the CAPER in the
Telegraph Herald and City of Dubuque website on August 19,2011; 3) made copies of the
CAPER available for public review at the Carnegie Stout Public Library, City Hall, Housing and
Community Development Department and City of Dubuque website; 4) held a public hearing
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pursuant to published notice before the Community Development Advisory Commission on
September 7, 2011; and
Whereas, the Community Development Advisory Commission has voted to approve the
CAPER and to recommend City Council approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Consolidated Annual Performance and Evaluation Report (CAPER) for
the period commencing July 1, 2010 and concluding June 30, 2011 is hereby approved for
submission.
Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to
execute the Consolidated Annual Performance and Evaluation Report (CAPER) on behalf of
the City of Dubuque, Iowa.
Section 3. That the City Manager is hereby authorized and directed to submit the
Consolidated Annual Performance and Evaluation Report (CAPER) to the U.S. Department of
Housing and Urban Development.
Passed, approved and adopted this 19th day of September, 2011.
Lynn V. Sutton, Mayor Pro -Tem
Attest: Kevin Firnstahl, City Clerk
PEG Capital Grant Expenditure Requests: City Manager recommending approval of a
request from the City of Dubuque for up to $37,500 for two 60- terabyte servers to provide
storage and back up of the media files generated by the Cable TV Division and from
Mediacom for up to $23,500 to replace and upgrade the equipment in the public access studio.
Upon motion the documents were received, filed, and approved.
Final Plat — Pine View Subdivision: Zoning Advisory Commission recommending approval of
the Final Plat for Pine View Subdivision (12724 Pine View Drive) as requested by John Sibley.
Upon motion the documents were received and filed and Resolution No. 316 -11 Approving the
Final Plat of Pine View Subdivision in Dubuque County, Iowa, was adopted.
RESOLUTION NO.316 -11
APPROVING THE FINAL PLAT OF PINE VIEW SUBDIVISION IN DUBUQUE COUNTY,
IOWA.
Whereas, there has been filed with the City Clerk the Final Plat of Pine View Subdivision in
Dubuque County, Iowa; and
Whereas, said Final Plat provides 40 feet of frontage for Lot 2 on a public or private street,
where 50 feet is required by Section 11 -14 of Title 16 of the Dubuque County Code of
Ordinances, Unified Development Code; and
Whereas, said Final Plat has been examined by the Zoning Advisory Commission and had
its approval endorsed thereon; and
Whereas, said Final Plat has been examined by the City Council and they find that it
conforms to the statues and ordinances relating to it.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE DUBUQUE
COUNTY, 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 40 feet of frontage on a public or private street
for Lot 2.
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Section 2. That the Final Plat of Pine View Subdivision is hereby approved and the Mayor
and City Clerk are hereby authorized and directed to endorse the approval of the City of
Dubuque, Iowa upon said Final Plat.
Passed, approved and adopted this 19th day of September 2011.
Lynn V. Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
Plat of Survey — Olympic Heights: Zoning Advisory Commission recommending approval of
the Plat of Survey of Gillespie's Third Addition (340 Olympic Heights) as submitted by Allen
Weber. Upon motion this item was removed from the agenda.
Plat of Survey — Asbury Plaza No. 16: Zoning Advisory Commission recommending
approval of the Plat of Survey for Asbury Plaza No. 16 (Asbury Drive) as submitted by Dave
Schneider. Upon motion the documents were received and filed and Resolution No. 317 -11
Approving the Plat of Survey for Asbury Plaza No. 16 in City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 317 -11
APPROVING THE PLAT OF SURVEY ASBURY PLAZA NO. 16 IN CITY OF DUBUQUE,
IOWA
Whereas, there has been filed with the City Clerk a Plat of Survey Asbury Plaza No. 16 in
the city of Dubuque, Iowa ; and
Whereas, said Plat of Survey provides 0 feet of frontage for Lot 2 on a public or approved
private street, where street frontage is required by Section 11 -14 of Title 16 of the City of
Dubuque Code of Ordinances, Unified Development Code; and
Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and
had its approval endorsed thereon; and
Whereas, said Plat of Survey has been examined by the City Council and they find that it
conforms to the statutes and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, is waived to allow 0 feet of frontage on a public street or an
approved private street for Lot 2.
Section 2. That the Plat of Survey Asbury Plaza No. 16 is hereby approved and the Mayor
and City Clerk are hereby authorized and directed to endorse the approval of the City of
Dubuque, Iowa upon said Plat of Survey.
Passed, approved and adopted this 19th day of September 2011.
Lynn V. Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
Setting Fees for Memorial Benches in Various City Areas: City Manager recommending
approval to set the cost of sponsorship of a bench at $2,000 for community parks and high
service /impact areas such as the Bee Branch and Historic Millwork District, and $1,600 for mini
and neighborhood parks and trails. Upon motion the documents were received, filed, and
approved.
Collective Bargaining — International Union of Operating Engineers Local No. 234
Amendment to Agreement: City Manager recommending approval of the annual amendment
for full -time Public Safety Dispatchers to have a schedule of ten hours per day and four days
5
per week effective October 1, 2011 through September 30, 2012. Upon motion the documents
were received, filed, and approved.
Civil Service Commission: Civil Service Commission submitting the Certified Lists for the
positions of Lead Public Safety Dispatcher, Mechanic, Sanitation Driver, and Police Officer.
Upon motion the documents were received, filed and made a Matter of Record.
July 6, 2011
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position of
Lead Public Safety Dispatcher was administered on June 21, 2011. We hereby certify that the
individuals listed below have passed this written examination and the vacancy for this position
should be made from this list and that this list is good for two (2) years from above date.
LEAD PUBLIC SAFETY DISPATCHER
1. Mark Meyer
2. Angela Jones
3. Julie Rooney
4. Brenda Hernandez
5. Jessica George
Respectfully submitted,
Daniel White
Jim Schilling
Betty Takes
Civil Service Commission
July 6, 2011
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position of
Mechanic was administered on June 28, 2011. We hereby certify that the individuals listed
below have passed this written examination and the vacancy for this position should be made
from this list and that this list is good for two (2) years from above date.
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MECHANIC
1. Mark Conner
2. Chad Schneider
3. Cary Gentz
4. Charles Klein
5. Francis Thomas
6. Patrick Herrig
7. Steven Christ
8. John Greenwood
9. Jay Valentine
10. Kenneth Klinkhammer
11. Russell Duve
12. Robert Moyer
13. Luke Hartmann
14. Thomas Spoerl
15. Jacob Connor
16. Tracy Gerhard
17. Ricky Dickerson
18. Dennis Schmid
19. Steve Schulz
20. Michael Frommelt
21. Robert Hall
22. Brian Kelly
23. Brian Wessels
24. Ben Ginter
25. John Smith
26. Jared Kueter
Respectfully submitted,
Daniel White
Jim Schilling
Betty Takes
Civil Service Commission
July 6, 2011
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position of
Sanitation Driver was administered on May 10, 2011. We hereby certify that the individuals
listed below have passed this written examination and the vacancy for this position should be
made from this list and that this list is good for two (2) years from above date.
1. Albert Stuart
2. Rodney Weires
3. Adam Kruser
4. Corey Leach
5. Mark Pottebaum
6. Kevin Hammond
7. Nathan Miller
8. Greg Schuckert
9. Richard Asbell
10. Mason Birch
11. Patrick Donovan
12. Brian Kelly
13. Jacob Leyten
14. James Lindecker
15. John Shepherd
SANITATION DRIVER
16. Jay Valentine
17. Nicholas Connolly
18. William Hefei
19. Dawson Williams
20. Vincent Jellison
21. Kenneth Klinkhammer
22. Rodney Kretz
23. Shawn Perkins
24. Terry Dunkel
25. Brian Heim
26. Timothy Lawler
27. Michael Pottebaum
28. Shawn Thomas, Jr.
29. Andrew Bertsch
30. Michael Conner
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31. Robert Harjehausen
32. Chris Quinones
33. Ryan Revenig
34. Neal Sweeney
35. Shaun Gilligan
36. David Healey
37. Robert Kenneally, Jr.
38. Neil Scott
39. Charles Wehrspann
40. Jason DeMaio
41. Steve Dunne
42. John Hennings
43. Jeremy Hubanks
44. Kenneth Miller
45. Steven Viertel
Respectfully submitted,
Daniel White
Jim Schilling
Betty Takes
Civil Service Commission
July 6, 2011
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position of
Police Officer was administered on March 12, 2011. We hereby certify that the individuals
listed below have passed this written examination and the vacancy for this position should be
made from this list and that this list is good until May 6, 2012.
POLICE OFFICER
1. Jeffrey George
2. Anthony Dalsing
3. Danielle McNally
4. Lauren Blum
5. Keith Varner
6. Richard Fullmer
7. Sara McDonough
8. Jay Murray
9. Mark Beasley
10. Isaiah Hoff
11. Garrett Bisinger
12. Josh Lawler
13. Matthew Drosopoulos
14. Andrew Gillip
15. Austin Weitz
16. Adam McKay
17. Thomas Ammon
18. Matthew Tauke
19. Brian Pelock
20. Albert Williams
21. Adam Schmerbach
22. Cole Hedrick
23. Billy Dieujuste
24. Mitchell Ottenhausen
25. Jeremy Vondal
26. Dennis Larson
27. Michael Arthur
28. Jase Guetter
29. Cale Loewen
30. Ben Watts
Respectfully submitted,
Daniel White
Jim Schilling
Betty Takes
Civil Service Commission
Tri -State Business Times- Rising Stars: City Manager transmitting information from the Tri-
State Business Times featuring Assistant Economic Development Director Aaron DeJong as
one of eight rising stars of the tri -state business world. Upon motion the document was
received and filed.
U.S. Department of Housing and Urban Development (HUD): Communication from Director
Michelle Miller, Programs Division Director for the U.S. Department of Housing and Urban
Development informing the City that it's Green and Healthy Homes and Lead Hazard Control
program's overall performance is outstanding. Upon motion the documents were received and
filed.
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Federal Emergency Management Agency (FEMA): Correspondence from Sandra Knight,
Deputy Federal Insurance and Mitigation Administrator for the Federal Emergency
Management Agency (FEMA) advising that the City has until October 18, 2011 to adopt and
have the Department of Homeland Security's Federal Emergency Management Agency
(FEMA) Regional Office approve floodplain management measures that satisfy 44 Code of
Federal Regulations (CFR) Section 60.3(d) of the National Flood Insurance Program (NFIP)
regulations. Upon motion the documents were received, filed and referred to the City Manager.
Sustainable Dubuque: City Manager recommending purchase of Sustainable Dubuque
promotional items for use at the Growing Sustainable Communities conference and for
community activities. Upon motion the documents were received, filed, and approved.
City of Dubuque Code of Ordinances — Supplement No. 5: City Manager recommending
adoption of Supplement No. 5 to the City of Dubuque Code of Ordinances. Upon motion the
documents were received and filed and Resolution No. 318 -11 Adopting Supplement No. 5 to
the Code of Ordinances of the City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 318 -12
ADOPTING SUPPLEMENT NO. 5 TO THE CODE OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA
Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No.
43 -09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and
Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has
adopted certain ordinances amending the Code of Ordinances and said amendments have
been printed as supplements to the Code of Ordinances; and
Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolution,
become part of the Code of Ordinances.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Supplement No. 5 of the Code of Ordinances of the City of Dubuque,
Iowa, covering Ordinances 31 -11 and 35 -11 passed by Council and enacted through August
30, 2011, prepared by the Sterling Codifiers, Inc., and filed in the Office of the City Clerk of the
City of Dubuque, Iowa is hereby adopted and becomes part of the Code of Ordinances of the
City of Dubuque, Iowa.
Passed, approved and adopted this 19th day of September, 2011.
Lynn V. Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
Housing Trust Fund Committee: Housing Commission recommending approval of the
appointment of Dorothy Schwendinger as the Commission's representative to the Housing
Trust Fund Committee. Upon motion the documents were received, filed, and approved.
Dubuque Metropolitan Area Transportation Study (DMATS): City Manager transmitting a
letter of support for the Dubuque Metropolitan Area Transportation Study (DMATS) for a
Sustainable Communities Regional Planning grant to the U.S. Department of Housing and
Urban Development (HUD). Upon motion the documents were received and filed.
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Alcohol Compliance — Civil Penalties for Alcohol License Holders — Casey's #2421: City
Manager recommending approval of the Alcohol Compliance Settlement Agreement with
Casey's General Store #2421. Upon motion the documents were received, filed, and
approved.
Alcohol Compliance — Civil Penalties for Alcohol License Holders — Hilton Garden Inn /
Houlihan's Restaurant: City Manager recommending approval of the Alcohol Compliance
Settlement Agreement with Hilton Garden Inn / Houlihan's Restaurant. Upon motion the
documents were received, filed, and approved.
Alcohol Compliance — Civil Penalties for Alcohol License Holders — Instant Replay: City
Manager recommending approval of the Alcohol Compliance Settlement Agreement with
Instant Replay. Upon motion the documents were received, filed, and approved.
Alcohol Compliance — Civil Penalties for Alcohol License Holders — Murph's South End Tap:
City Manager recommending approval of the Alcohol Compliance Settlement Agreement with
Murph's South End Tap. Upon motion the documents were received, filed, and approved.
Tobacco Compliance — Civil Penalties for Tobacco License Holders — Casey's Store #2421:
City Manager recommending approval of the Tobacco Compliance Settlement Agreement with
Casey's General Store #2421. Upon motion the documents were received, filed, and
approved.
Tobacco Compliance — Civil Penalties for Tobacco License Holders — Kwik Star #495: City
Manager recommending approval of the Tobacco Compliance Settlement Agreement with
Kwik Star #495. Upon motion the documents were received, filed, and approved.
Liquor License Refund: Request by Rick Worcester of the Lift Bar requesting a refund on
Beer and Liquor Combination License No. LC0037590 in the amount of $633.75. Upon motion
the documents were received, filed, and approved.
Signed Contracts: A) Port of Dubuque Ramp Repairs — RAM Change Order; B) Dubuque
Community School District agreement with Jule Transportation; C) Water Pollution Control
Plant Modifications Project contract with Terracon Consultants for site investigation services.
Upon motion the documents were received and filed.
Liquor License Applications: City Manager recommending approval of annual liquor license
renewals as submitted. Upon motion the documents were received and filed and Resolution
No. 319 -11 Granting the issuance of a Class "C" Beer /Liquor License to Happy's Place, the
Grand Tap, Manna Java World Cafe, Angie's Bar, and The District; a Class "B" Wine License
to Eagle Country Market; and Resolution No. 320 -11 Granting the issuance of a Class "C"
Beer Permit to Eagle Country Market were adopted.
RESOLUTION NO. 319 -12
Whereas, applications for Liquor Licenses have been submitted to this Council for approval
and the same have been examined and approved; and
Whereas, the premises to be occupied by such applicants were inspected and found to
comply with the State Laws and all City Ordinances relevant thereto and they have filed proper
bonds.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named applicants a
Liquor License.
P.M.S.T. Inc.
James /Janet Kohl
Manna Java World Cafe
Angela Mangeno
The District, Inc.
Downtown Eagle, Inc.
CLASS "C" BEER /LIQUOR LICENSE
Happy's Place +(Sunday Sale)
The Grand Tap +(Sunday Sale)
LLC Manna Java World Cafe +(Sunday Sale)
Angie's Bar +(Sunday Sale)
The District +(Sunday Sale)
2323 Rockdale Rd.
802 Central Ave.
700 Locust St.
1401 Elm St.
1700 Central
CLASS "B" WINE
Eagle Country Market 1800 Elm St.
Passed, approved and adopted this 19th day of September, 2011
Lynn V. Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 320 -12
Whereas, applications for Beer Permits have been submitted and filed to this Council for
approval and the same have been examined and approved; and
Whereas, the premises to be occupied by such applicants were inspected and found to
comply with the Ordinances of the City and have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named applicants a
Beer Permit.
Downtown Eagle, Inc.
CLASS "C" BEER PERMIT
Eagle Country Market +(Sunday Sale) 1800 Elm St.
Passed, approved and adopted this 19th day of September, 2011.
Lynn V. Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Connors to receive and file the documents, adopt the resolutions, set the public
hearings as indicated, and direct the City Clerk to publish notice as prescribed by law.
Seconded by Braig. Motion carried 6 -0.
Dubuque Regional Airport — Conservation Easement: City Manager recommending setting a
public hearing for October 3, 2011 to consider disposal of an interest in City -owned property as
set forth in the Declaration of Conservation Covenants and Restrictions Conservation
Easement on the specified property at the Dubuque Regional Airport. Upon motion the
documents were received and filed and Resolution No. 321 -11 Resolution of intent to dispose
of an interest in City of Dubuque real estate and fixing the date for a public hearing of the City
Council of the City of Dubuque, Iowa, on the proposed disposition of City owned - property in
the form of a Declaration of Conservation Covenants and Restrictions and providing for the
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publication of notice thereof was adopted setting a public hearing for a meeting to commence
at 6:30 p.m. on October 3, 2011 in the Historic Federal Building.
RESOLUTION NO. 321 -11
INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE
AND
FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA ON THE PROPOSED DISPOSITION OF CITY OWNED PROPERTY IN
THE FORM OF A DECLARATION OF CONSERVATION COVENANTS AND
RESTRICTIONS AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City) is the owner of the real property described in the
attached Declaration of Conservation Covenants and Restrictions; and
Whereas, the City Council has determined that it would be in the best interests of the City to
restrict the use of the property described in the Declaration of Conservation Covenants and
Restrictions.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of an interest in the foregoing- described
Property as described in the attached Declaration of Conservation Covenants and Restrictions.
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a
notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the
City's intent to dispose of the foregoing- described Property, to be held on the 3rd day of
October, 2011, at 6:30 o'clock p.m. in the City Council Chambers at the Historic Federal
Building, 350 W. 6th Street, Dubuque, Iowa.
Section 3. The City Clerk is hereby directed to cause at least one publication to be made of
a notice of said meeting, in a newspaper, printed wholly in the English language, published at
least once weekly, and having general circulation in said City, said publication to be not less
than four days nor more than twenty days before the date of said meeting on the issuance of
said obligations.
Passed, approved and adopted this 19th day of September, 2011.
Lynn V. Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper the 23rd day of September, 2012.
/s /Kevin S. Firnstahl, City Clerk
BOARDS /COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on the
following Boards /Commissions: Civic Center Commission: One 3 -year term through June, 29,
2013 (vacant term of Fields). Applicant: Jody Willenborg, 3497 Hillcrest Road, #2. Ms.
Willenborg spoke in support of her appointment.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
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Request to Rezone — 3400 Block of Keymont Drive: Request from Tom Thompson to
rezone property located at 3400 Keymont Drive from R -2 Two - Family Residential District to R-
3 Moderate Density Multi - Family Residential District and the Zoning Advisory Commission
recommending approval. Motion by Connors to receive and file the documents and that the
requirement that a proposed ordinance be considered and voted on for passage at two Council
meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones.
Charles Daoud, 396 Moore Heights, spoke in support of the proposed ordinance. Planning
Services Manager Laura Carstens provided a staff report. Responding to questions from City
Council, Zoning Advisory Commission Chairperson Charles Miller, Mr. Daoud and Ms.
Carstens addressed sustainability elements, security and ownership issues. Motion carried 6-
0.
Motion by Connors for final consideration and passage of Ordinance No. 44 -11 Amending
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located in the 3400 block of Keymont Drive from
R -2 Two - Family Residential District to R -3 Moderate Density Multi - Family Residential District.
Seconded by Jones. Motion carried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 44 -11
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED
DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY
LOCATED IN THE 3400 BLOCK OF KEYMONT DRIVE FROM R -2 TWO- FAMILY
RESIDENTIAL DISTRICT TO R -3 MODERATE DENSITY MULTI - FAMILY RESIDENTIAL
DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, is hereby amended by reclassifying the hereinafter - described property from R -2 Two -
Family Residential District to R -3 Moderate Density Multi - Family Residential District, to wit:
As shown in Exhibit A, and to the centerline of the adjoining public right -of -way, all in the
City of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided by
law.
Passed, approved and adopted this 19th day of September, 2011.
/s /Lynn V. Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph - Herald newspaper on the 23rd day of September, 2011.
/s /Kevin S. Firnstahl, City Clerk
Request to Rezone — 3485 Windsor Avenue: Request from William Peterson Architects to
amend the Padre Pio Healthcare Center Institutional District to allow construction of a four -
story nursing addition and a one -story therapy center and the Zoning Advisory Commission
recommending approval. Motion by Lynch to receive and file the documents and that the
requirement that a proposed ordinance be considered and voted on for passage at two Council
meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors.
Planning Services Manager Laura Carstens provided a staff report. Responding to questions
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from City Council, the architect stated that parking will still meet requirements and a generator -
powered elevator is planned for emergency situations. Motion carried 6 -0.
Motion by Lynch for final consideration and passage of Ordinance No. 45 -11 Amending Title
16 of the City of Dubuque Code of Ordinances, Unified Development Code, rescinding
Ordinance 66 -95, and approving an amended Campus Development Plan for Padre Pio Health
Care Center Institutional District for a new four -story nursing addition and a one -story therapy
addition. Seconded by Connors. Motion carried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 45 -11
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED
DEVELOPMENT CODE, RESCINDING ORDINANCE 66 -95, AND APPROVING AN
AMENDED CAMPUS DEVELOPMENT PLAN FOR PADRE PIO HEALTH CARE CENTER
INSTITUTIONAL DISTRICT FOR A NEW FOUR -STORY NURSING ADDITION AND A ONE -
STORY THERAPY ADDITION.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances Unified Development
Code and rescind Ordinance No. 66 -95 and adopting a revised campus development plan for
a new nursing and therapy additions for the Padre Pio Health Care Center Institutional District
for the following property, to wit:
Lot 1 and Lot 2 of Stonehill Community Subdivision No. 2, 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 the ID Institutional district and of the
Zoning Ordinance, the above - described property is subject to the following conditions and
restrictions:
A. Use Regulations
The following regulations shall apply to all uses made of land in the above - described
ID Institutional District:
1. Principal permitted uses shall be limited to the following:
a. Nursing or convalescent homes.
b. Residential care facilities.
c. Multi- family dwellings for the housing of institutional residents or affiliates.
d. Offices for administrative personnel or other institutional employees and
affiliates.
e. Off - street parking and loading.
2. Conditional use shall be regulated by Section 5 -22.2 of the Unified Development
Code.
3. Accessory uses shall be regulated by Section 5 -22.3 of the Unified Development
Code.
A. Lot and Bulk Regulations
Development of land in the ID Institutional District shall be regulated as follows:
1. That the proposed nursing and therapy additions shall be located in substantial
conformance with the attached amended conceptual development plan.
2. A maximum height of 50 feet shall be allowed for call campus buildings.
3. That all previously- approved campus development plans are hereby superseded
to allow for the attached development plan.
B. Site Development Standards
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The site development standards for this ID Institutional District shall be established
as follows:
1. Site plans shall be submitted in compliance with Section 12 Site Plans of the
Unified Development Code.
2. New outdoor lighting shall comply with Section 13 -3.1 Site Lighting of the Unified
Development Code.
3. That storm water from new facilities shall comply with Section 13 -3.3 Storm
Water Management of the Unified Development Code.
4. Landscaping and screening requirements shall be established in accordance with
the requirements of Section 13 -4.4 of the Unified Development Code.
5. Trash enclosures shall comply with Section 13 -4.9 Exterior Trash Collection
Areas of the Unified Development Code.
C. Sign Regulations
The sign regulations shall be the same as that which are allowed for ID Districts in
Section 15 -11.13 of the Unified Development Code of the City of Dubuque, Iowa.
D. Parking Standards
The off - street parking requirement for the principal permitted uses for the herein
described ID Institutional District shall be regulated as follows:
1. That new off - street parking spaces shall be designed and constructed in
compliance 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 Institutional District.
E. Transfer of Ownership
Transfer of ownership or lease of property in this ID Institutional District shall include
the transfer or lease agreement, the provision that the purchaser or leasee
acknowledges awareness of the conditionals authorizing the establishment of this
district.
F. 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 Advisory
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 19th day of September, 2011.
/s /Lynn V. Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph - Herald newspaper on the 23rd day of September, 2011.
/s /Kevin S. Firnstahl, City Clerk
Unified Development Code: City of Dubuque: Request from the City of Dubuque to amend
Section 6 -4 Flood Hazard Overlay of the Unified Development Code and the Zoning Advisory
Commission recommending approval. Motion by Jones to receive and file the documents and
that the requirement that a proposed ordinance be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by
Braig. Planning Services Manager Laura Carstens provided a staff report. Motion carried 6 -0.
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Motion by Jones for final consideration and passage of Ordinance No. 46 -11 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 Requirements. Seconded by
Braig. Motion carried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 46 -11
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 REQUIREMENTS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, be amended by repealing Section 6 -4 and enacting a new Section 6 -4 Flood Hazard
Overlay Districts, as follows:
6 -4 Flood Hazard Overlay Districts
6 -4.1 - Purpose
The provisions of the Flood Hazard Overlay Districts are intended to promote the public
health, safety, and general welfare and to minimize the extent of floods and the losses incurred
in flood hazard areas. The regulations of this Section are designed to:
A. Restrict or prohibit uses which are dangerous to health, safety, or property in times of
flooding or cause undue increases in flood heights or velocities;
B. Require that uses vulnerable to floods, including public facilities which serve such
uses, be provided with flood protection at the time of initial construction;
C. Protect individuals from buying lands which are unsuited for intended purposes
because of flood hazard; and
D. Assure that eligibility is maintained for property owners in the City to purchase flood
insurance in the National Flood Insurance Program.
6 -4.2 - Lands to Which Regulations Apply
This section shall apply to all lands within the jurisdiction of the City shown on the Official
Zoning Map as being within the boundaries of the 100 -year floodplain.
6 -4.3 - Establishment of Official Floodplain Zoning Map
The official floodplain zoning map, together with all explanatory matter thereon and is
hereby adopted by reference and declared to be a part of this Code. The Official Zoning Map
bears the signature of the Mayor attested by the City Clerk and shall be on file in the office of
the Planning Services Department. The Flood Insurance Rate Map (FIRM) for Dubuque
County and incorporated areas, City of Dubuque, Panels 19061CO215E, 0217D, 0220E,
0236E, 0237E, 0238E, 0239E, 0241E, 0242E, 0243E, 0244E, 0330E, 0332E, 0335E, 0351E,
0352E, 0354E, 0356E, 0358E, 00360E dated October 18, 2011, which were prepared as part
of the Flood Insurance Study for Dubuque County, 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 this
ordinance.
6 -4.4 - Rules for Interpretation of District Boundaries
The boundaries of the zoning district shall be determined by scaling distances on the official
floodplain zoning map. Where interpretation is needed as to the exact location of the
boundaries of the district as shown on the Official Zoning Map, the City Planner shall make the
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necessary interpretation. The person contesting the location of the district boundary shall be
given a reasonable opportunity to present their case and submit technical evidence.
6 -4.5 - Compliance
No structure or land shall hereafter be used and no structure shall be located, extended,
converted or structurally altered to cause a substantial improvement without full compliance
with the terms of this Code and other applicable regulations which apply to uses within the
jurisdiction of this Code. Existing structures which suffer substantial damage shall also be
required to meet full compliance with the terms of this Code should the damaged structure be
repaired or rebuilt.
6 -4.6 - Abrogation and Greater Restrictions
It is not intended by this Code to repeal, abrogate or impair any existing easements,
covenants, or deed restrictions. However, where this Code imposes greater restrictions, the
provisions of this Code shall prevail. All other ordinances inconsistent with this Code are
hereby repealed to the extent of the inconsistency only.
6 -4.7 - Interpretation
In their interpretation and application, the provisions of this Code 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.
6 -4.8 - Warning and Liability Disclaimer
The degree of flood protection required by this Code is considered reasonable for regulatory
purposes and is based on engineering and scientific methods of study. Larger floods may
occur on rare occasions. Flood heights may be increased by manmade or natural causes,
such as ice jams and bridge openings restricted by debris. This Code does not imply that
areas outside the flood plain districts or land uses permitted within such districts will be free
from flooding or flood damages. This Code shall not create liability on the part of the City or
any officer or employee thereof for any flood damages that result from reliance on this Code or
any administrative decision lawfully made thereunder.
6 -4.9 - Establishment of Floodplain Overlay Districts
The floodplain areas within the jurisdiction of this Code are hereby divided into the following
districts:
A. Floodway Overlay District (FW). Floodway Fringe Overlay District (FF) and General Flood
Plain Overlay District (FP). The boundaries are shown on the official floodplain zoning map.
Within these districts all uses not allowed as permitted uses are prohibited.
B. Floodway Overlay District (FW). The Floodway Overlay District shall be consistent with
the boundaries of the floodway as shown on the official floodplain zoning map Overlay and
indicated on the FIRM maps as Zone AE (hatched).
C. Floodway Fringe Overlay District (FF). The Floodway Fringe Overlay District shall be
those areas shown as floodway fringe on the official floodplain zoning map and indicated on
the FIRM maps as Zone AE.
D. General Floodplain Overlay District (FP). The General Floodplain Overlay District shall be
those areas shown as being within the approximate 100 -year flood boundary on the official
floodplain zoning map and indicated on the FIRM maps as Zone A.
6 -4.10 - FW Floodway Overlay District
A. Permitted uses. The following uses shall be permitted within the FW District to the extent
they are not prohibited by any other ordinance (or underlying zoning district) and provided they
do not include placement of structures, factory -built homes, fill or other obstruction, the storage
of materials or equipment, excavation, or alteration of a watercourse.
1. Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries,
horticulture, viticulture, truck farming, forestry, sod farming, and wild crop harvesting.
17
2. Accessory uses of land for industrial /commercial uses such as loading areas, parking
areas, airport landing strips.
3. Private and public recreational uses such as golf courses, tennis courts, ball fields,
driving ranges, archery ranges, picnic grounds, transient camping and recreational vehicle
facilities, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game
farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting
and fishing areas, hiking and horseback riding trails.
4. Residential uses of land such as lawns, gardens, parking areas and play areas.
5. Such other open space uses similar in nature to the above uses.
6. Conditional uses. The following uses which involve structures (temporary or
permanent), fill, and storage of materials or equipment may be permitted only upon
issuance of a conditional use permit by the Zoning Board of Adjustment as provided for in
Article 8. Such uses must also meet the applicable provisions of the Floodway District
performance standards.
7. Uses or structures accessory to open -space uses.
8. Circuses, carnivals, and similar transient amusement enterprises.
9. Drive -in theaters, new and used car lots, roadside stands, signs, and billboards.
10. Extraction of sands, gravel, and other materials.
11. Marinas, boat rentals, docks, piers, wharves.
12. Utility transmission lines, underground pipelines.
13. Other uses similar in nature to the above described uses and which are consistent
with the general spirit and purposes of this Code.
B. Performance standards. All permitted or conditional uses must be consistent with the
need to minimize flood damage and shall meet the following applicable performance
standards:
1. No use shall be permitted in the Floodway Overlay District that would result in any
increase in the one hundred -year flood level. Consideration of the effects of any
development on flood levels shall be based upon the assumption that an equal degree of
development would be allowed for similarly situated lands.
2. All uses within the Floodway Overlay District shall:
i. Be consistent with the need to minimize flood damage.
ii. Use construction methods and practices that will minimize flood damage.
iii. Use construction materials and utility equipment that are resistant to flood damage.
3. No use shall affect the capacity or conveyance of the channel or floodway or any
tributary to the main stream, drainage ditch, or any other drainage facility or system.
4. Structures and sanitary and utility systems, if permitted, shall meet the applicable
performance standards of the Floodway Fringe Overlay District and shall be constructed or
aligned to present the minimum possible resistance to flood flows.
5. Structures, if permitted, shall have a low flood damage potential and shall not be for
human habitation.
6. 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.
7. Watercourse alterations or relocations (channel changes and modifications) must be
designed to maintain the flood carrying capacity within the altered or relocated portion. In
addition, such alterations or relocations must be approved by the IDNR.
8. Any fill allowed in the floodway must be shown to have some beneficial purpose and
shall be limited to the minimum amount necessary.
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9. 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.
6 -4.11 FF Floodway Fringe Overlay District
A. Permitted uses. All uses within the Floodway Fringe Overlay 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 Overlay
District. However, on the Mississippi River or on islands therein, no use will be allowed unless
identified as not being a floodway area by the IDNR. In which case, if a floodway area is
identified, the provisions of the FW Floodway Overlay District will apply.
B. Performance standards. All uses must be consistent with the need to minimize flood
damage and shall meet the following applicable performance standards:
1. All structures shall be:
i. Adequately anchored to prevent flotation, collapse or lateral movement of the structure;
ii. Constructed with materials and utility equipment resistant to flood damage; and
iii. Constructed by methods and practices that minimize flood damage.
2. All new and substantially improved structures:
i. Such areas shall be used solely for parking vehicles, building access and low damage
potential storage.
ii. 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.
iii. A minimum of two openings 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.
iv. The bottom of all openings shall be no higher than one foot above grade.
v. Openings may be equipped with screens, louvers, valves, or other coverings or
devices provided they permit the automatic entry and exit of floodwaters.
Designs for meeting this requirement must be certified by a professional engineer
registered in the State of Iowa.
vi. New and substantially improved structures must be adequately anchored to prevent
flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy. Designs for meeting this requirement
must be certified by a professional engineer registered in the State of Iowa.
vii. New and substantially improved structures must be constructed with electrical,
heating, ventilation, plumbing, and air conditioning equipment and other service facilities
that are designed and located so as to prevent water from entering or accumulating within
the components during conditions of flooding. Designs for meeting this requirement must be
certified by a professional engineer registered in the State of Iowa.
3. Residential buildings. All new or substantially improved residential structures shall have
the lowest floor, including basements, elevated a minimum of one foot above the 100 -year
flood level. Construction shall be upon compacted fill which shall, at all points, be no lower
than one foot above the 100 -year flood level and extend at such elevation at least 18 feet
beyond the limits of any structure erected thereon. Alternate methods of elevating (such as
piers) may be allowed, subject to favorable consideration by the Zoning Board of Adjustment
and issuance of a variance, 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 withstanding the various forces and hazards associated with flooding. All new
residential buildings shall be provided with a means of access which will be passable by
wheeled vehicles during the 100 -year flood.
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4. Nonresidential buildings. All new and substantially improved nonresidential buildings shall
have the lowest floor (including basement) elevated a minimum of one foot above the 100 -year
flood level, 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 withstand the flood depths,
pressures, velocities, impact and uplift forces and other factors associated with the 100 -year
flood; and that the structures, below the 100 -year flood level, are 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 City Planner.
5. Factory -built homes:
i. Factory -built homes including those placed in existing factory -built home parks or
subdivisions shall be anchored to resist flotation, collapse, or lateral movement.
ii. 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 foot above the 100 -year flood level.
6. Utility and sanitary systems:
i. All new and replacement sanitary sewage systems shall be designed to minimize and
eliminate infiltration of flood waters into the system as well as the discharge of effluent into
flood water. Wastewater treatment facilities shall be provided with a level of flood protection
equal to or greater than one foot above the 100 -year flood elevation.
ii. On -site waste disposal systems shall be located or designed to avoid impairment to the
system or contamination from the system during flooding.
iii. New or replacement water supply systems shall be designed to minimize or eliminate
infiltration of flood waters into the system. Water supply treatment facilities shall be provided
with a level of protection equal to or greater than one foot above the 100 -year flood
elevation.
iv. 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.
v. All such systems shall be certified as meeting these requirements by a professional
engineer registered in the State of Iowa.
7. 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 foot above the 100 -year
flood level. 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.
8. Flood control structural works such as levees and flood walls shall provide, at a minimum,
protection from a 100 -year flood with a minimum of three feet of design freeboard and shall
provide for adequate interior drainage. In addition, structural flood control works shall be
approved by the IDNR.
9. No use shall affect the capacity or conveyance of the channel or floodway of any tributary
to the main stream, drainage ditch, or other drainage facility or system.
10. Subdivisions (including factory -built home parks and subdivisions) shall be consistent
with the need to minimize flood damages and shall have adequate drainage provided to
reduce exposure to flood damage. Development associated with subdivision proposals shall
meet the applicable performance standards. Subdivision proposals intended for residential
development shall provide all lots with a means of vehicular access that will remain dry during
occurrence of the 100 -year flood. Proposals for subdivisions greater than five (5) acres or fifty
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(50) lots (whichever is less) shall include 100 -year flood elevation data for those areas located
within the Floodplain (Overlay) District.
11. The exemption of detached garages, sheds, and similar structures less than 300 square
feet in area from the 100 -year flood elevation requirements may result in increased premium
rates for insurance coverage of the structure and contents; however, said detached garages,
sheds, and similar accessory type structures are exempt from the 100 -year flood elevation
requirements, provided:
i. The structures shall not be used for human habitation.
ii. The structure shall be designed to have low flood damage potential.
iii. The structure shall be constructed and placed on the building site so as to offer
minimum resistance to the flow of floodwaters.
iv. Structures shall be firmly anchored to prevent flotation which may result in damage to
other structures.
v. The structure's service facility such as electrical and heating equipment shall be
elevated or floodproofed to at least one foot above the 100 -year flood level.
vi. All such structures shall be certified as meeting these requirements by a professional
engineer registered in the State of Iowa.
12. Recreational Vehicles
i. Recreational vehicles are exempt from the requirements of Section 6- 4.11(8)(5) of this
Ordinance 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.
ii. Recreational vehicles that are located on the site for more than 180 consecutive days
or are not ready for highway use must satisfy requirements of Section 6- 4.11(8)(5) of this
Ordinance regarding anchoring and elevation of factory -built homes.
13. Pipeline river and stream crossings shall be buried in the streambed and banks, or
otherwise sufficiently protected to prevent rupture due to channel degradation and
meandering.
6 -4.12 FP General Floodplain Overlay District
A. Permitted uses. The following uses shall be permitted within the FP General Floodplain
Overlay District to the extent they are not prohibited by any other ordinance (or underlying
zoning district) and provided they do not include placement of structures, factory -built homes,
fill or other obstruction, the storage of materials or equipment, excavation, or alteration of a
watercourse.
1. Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries,
horticulture, viticulture, truck farming, forestry, sod farming, and wild crop harvesting.
2. Accessory uses of land for industrial /commercial uses such as loading areas, parking
areas, airport landing strips.
3. Private and public recreation uses such as golf courses, tennis courts, ball fields,
driving ranges, archery ranges, picnic grounds, transient camping and recreational vehicle
facilities, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game
farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting
and fishing areas, hiking and horseback riding trails.
4. Residential uses of land such as lawns, gardens, parking areas and play areas.
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5. Such other open space uses similar in nature to the above uses.
B. Conditional uses. Any uses which involve placement of structures, factory -built homes, fill
or other obstructions, the storage of materials or equipment, excavation or alteration of a
watercourse may be allowed only upon issuance of a conditional use permit by the Zoning
Board of Adjustment. All such uses shall be reviewed by the IDNR to determine: (i) whether
the land involved is either wholly or partly within the floodway or floodway fringe, and (ii) the
100 -year flood level. The applicant shall be responsible for providing the IDNR with sufficient
technical information to make the determination.
C. Performance standards.
1. All conditional uses, or portions thereof, to be located in the floodway as determined by
the IDNR shall meet the applicable provisions and standards of the Floodway Overlay
District.
2. All conditional uses, or portions thereof, to be located in the floodway fringe as
determined by the IDNR shall meet the applicable standards of the Floodway Fringe
Overlay District.
6 -4.13 Floodplain Overlay District Administration
A. Appointment, duties and responsibilities of City Planner.
1. A City Planner designated by the City Manager shall administer and enforce this Code
and will herein be referred to as the Administrator.
2. Duties and responsibilities of the Administrator shall include, but not necessarily be
limited to, the following:
i. Review all floodplain development permit applications to ensure that the provisions
of this Code will be satisfied.
ii. Review all floodplain development permit applications to ensure that all necessary
permits have been obtained from federal, state or local governmental agencies.
iii. Record and maintain a record of: (a) the elevation On relation to North American
Vertical Datum, 1988) of the lowest floor of all new or substantially improved structures,
or (b) the elevation to which new or substantially improved structures have been
floodproofed.
iv. Notify adjacent communities and /or counties and the IDNR prior to any proposed
alteration or relocation of a watercourse and submit evidence of such notifications to the
Federal Insurance Administrator.
v. Keep a record of all permits, conditional uses, appeals, variances and such other
transactions and correspondence pertaining to the administration of this Code.
vi. Submit to the Federal Insurance Administrator an annual report concerning the
City's participation in the National Flood Insurance Program, utilizing the annual report
form supplied by the Federal Insurance Administrator.
vii. Notify the Federal Insurance Administration of any annexations or modifications to
the City's boundaries as part of the annual report.
viii. Review subdivision proposals to ensure such proposals are consistent with the
purpose of this Code and advise the City Council of potential conflicts.
B. Floodplain development permit.
1. Permit required. A floodplain development permit issued by the Administrator shall be
secured prior to initiation of any floodplain development (any manmade change to improved
or unimproved real estate, including but not limited to buildings or other structures, mining,
filling, grading, paving, excavation or drilling operations) including the placement of factory -
built homes in both the Floodway, Floodway Fringe and General Floodplain Overlay
Districts.
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2. Application for permit. Application for a floodplain development permit shall be made
on forms supplied by the Administrator and shall include the following information.
i. Description of and plans for the work to be covered by the permit for which
application is to be made.
ii. Description of the land on which the proposed work is to be done (i.e., lot, block,
tract, street address or similar description) that will readily identify and locate the work to
be done.
iii. Identification of the use or occupancy for which the proposed work is intended.
iv. Elevation of the 100 -year flood.
v. Elevation (in relation to North American Vertical Datum, 1988) of the lowest floor
(including basement) of the structure or of the level to which a structure is to be
floodproofed.
vi. For structures being improved or rebuilt, the estimated cost of improvements and
market value of the structure prior to the improvements.
vii. All certifications by a professional engineer registered in the State of Iowa as
required by this Code.
viii. Such other information as the Administrator deems reasonably necessary for the
purpose of this Code.
3. Action for permit application. The Administrator shall make a determination as to whether
the proposed floodplain development meets the applicable provisions and standards of this
Code 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 conditional uses or variances except as directed by the Zoning Board of Adjustment.
4. As -built certification. The applicant shall be required, prior to the use or occupancy of any
structure or development, to submit certification by a professional engineer registered in the
State of Iowa that the work authorized by the floodplain development permit was accomplished
in compliance with this Code. Any use, arrangement, or construction in conflict with that
authorized shall be deemed a violation of this Code.
6 -4.14 - Zoning Board of Adjustment Action Authorized.
A. The Zoning Board of Adjustment shall hear and decide applications for conditional uses,
appeals and variances.
B. Conditional uses. Requests for conditional uses shall be submitted to the Administrator,
who shall forward such to the Board for consideration. Such requests shall include information
ordinarily submitted with applications as well as any additional information deemed necessary
by the Board.
C. Appeals. Where it is alleged there is any error in any order, requirement, decision, or
determination made by an administrative official in the enforcement of this Code, the aggrieved
party may appeal such action. The notice of appeal shall be filed with the Board 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 all the papers
constituting the record upon which the action appealed from was taken.
D. Variances. The Board may authorize, upon request in specific cases, such variances
from the terms of this Code that will not be contrary to the public interest, where owing to
special conditions a literal enforcement of the provisions of this Code will result in unnecessary
hardship. Variances granted must meet the following applicable standards:
1. No variances shall be granted for any development within the Floodway Overlay
District which would result in any increase in the 100 -year level. Consideration of the effects
of any development on flood levels shall be based upon the assumption that an equal
degree of development would be allowed for similarly situated lands.
23
2. Variances shall only be granted upon: (1) a showing of good and sufficient cause, (ii) a
determination that failure to grant the variance would result in exceptional 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, or extraordinary public expense,
create nuisances, or cause fraud on or victimization of the public.
3. A variance shall only be granted upon a determination that the variance is the
minimum necessary considering the flood hazard, to afford relief.
4. In cases where the variance involves a lower level of flood protection for structures
than what is ordinarily required by this Code, the applicant shall be notified in writing over
the signature of the Administrator that: (i) the issuance of a variance will result in increased
premium rates for flood insurance, and (ii) such construction increases risks to life and
property.
5. All variances granted shall have the concurrence or approval of the IDNR.
E. Board decisions. In passing upon requests for conditional uses and variances, the Board
shall consider all relevant factors specified in other sections of this Code and:
1. The danger to life and property due to increased flood heights or velocities caused by
encroachments.
2. The danger that materials may be swept on to other lands or downstream to the injury
of others.
3. The proposed water supply and sanitation systems and the ability of these systems to
prevent disease, contamination and unsanitary conditions.
4. The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner.
5. The importance of the services provided by the proposed facility to the community.
6. The requirements of the facility for a floodplain location.
7. The availability of alternative locations not subject to flooding for the proposed use.
8. The compatibility of the proposed use with existing development and development
anticipated in the foreseeable future.
9. The relationship of the proposed use to the Comprehensive Plan and floodplain
management program for the area.
10. The safety of access to the property in times of flood for ordinary and emergency
vehicles.
11. The expected heights, velocity, duration, rate of rise and sediment transport of the
flood water expected at the site.
12. Such other factors which are relevant to the purpose of this Code.
F. Conditions attached to conditional uses or variances. Upon consideration of the factors
listed above, the Board may attach such conditions to the granting of conditional uses and
variances as it deems necessary to further the purpose of this Code. Such conditions may
include, but not necessarily be limited to:
1. Modification of waste disposal and water supply facilities;
2. Limitation on periods of use and operation;
3. Imposition of operational controls, sureties and deed restrictions;
4. Requirements for construction of channel modification, dikes, levees, and other
protective measures, provided such are approved by the IDNR and are deemed the only
practical alternative to achieving the purposes of this Code; and
5. Floodproofing measures which shall be designed consistent with the flood protection
elevation for the particular area, flood velocities, durations, rate of rise, hydrostatic and
hydrodynamic forces, and other factors associated with the regulatory flood and that the
applicant submit a plan or document certified by a professional engineer registered in the
24
State of Iowa that the floodproofing measures are consistent with the regulatory flood
protection elevation and associated flood factors for the particular area.
6 -4.15 Definitions
Unless specifically defined below or in Article 2, words or phrases used in this Ordinance
shall be interpreted so as to give them the meaning they have in common usage and to give
this ordinance its most reasonable application.
Base Flood: The flood having one (1) percent chance of being equaled or exceeded in any
given year (See 100 -year flood).
Basement: Any enclosed area of a structure which has its floor or lowest level below ground
level (subgrade) on all sides. Also see "lowest floor."
Development: Any man -made change to improved or unimproved real estate, including but
not limited to buildings or other structures, the storage of equipment or materials, mining,
dredging, filling, grading, paving, excavation or drilling operations.
Existing Construction: Any structure for which the "start of construction" commenced before
the effective date of the first floodplain management regulations adopted by the community on
April 16, 1990. May also be referred to as "existing structure."
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 installation 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 on April 16, 1990.
Expansion of Existing Factory-Built Home Park or Subdivision: The preparation of additional
sites by the construction of facilities for servicing the lots on which the factory -built homes are
to be affixed (including at a minimum, the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads).
Factory-Built Home: Any structure, designed for residential use, which is wholly or in
substantial part, made, fabricated, formed or assembled in manufacturing facilities for
installation or assembly and installation on a building site. For the purpose of this ordinance,
factory -built homes include mobile homes, manufactured homes and modular homes and also
include park trailers, travel trailers and other similar vehicles placed on a site for greater than
180 consecutive days.
Factory-Built Home Park: A parcel or contiguous parcels of land divided into two or more
factory -built home lots for rent or sale.
Flood: A general or 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.
Flood Elevation: The elevation floodwaters would reach at a particular site during the
occurrence of a specific flood. For instance, the 100 -year flood elevation is the elevation of
flood waters related to the occurrence of the 100 -year flood.
Flood Insurance Rate Map: 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.
Flood Insurance Study: A study initiated, funded and published by the Federal Insurance
Administration for the purpose of evaluating in detail the existence and severity of flood
hazards; providing the City with the necessary information for adopting a flood plain
management program and establishing actuarial flood insurance rates.
Flood Plain: Any land area susceptible to being inundated by water as a result of a flood.
Flood Plain Management: An overall program of corrective and preventive measures for
reducing flood damages and promoting the wise use of flood plains, including but not limited to
25
emergency preparedness plans, flood control works, flood - proofing and flood plain
management regulations.
Floodproofing: Any combination of structure and non - structural additions, changes, or
adjustments to structures, including utility and sanitary facilities, which will reduce or eliminate
flood damage to such structures.
Floodway: The channel of a river or stream, and those portions of the flood plains adjoining
the channel, which are reasonably required to carry and discharge flood waters or flood flows
so that confinement of flood flows to the floodway area will not result in substantially higher
flood levels or flow velocities.
Floodway Fringe: Those portions of the flood plain, other than the floodway, which can be
filled, leveed, or otherwise obstructed without causing substantially higher flood levels or flow
velocities.
Historic Structure: Any structure that is:
1. Listed individually in the National Register of Historic Places, maintained by the
Department of Interior, or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing of the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to
the historical significance of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
3. 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
4. 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.
Lowest Floor. The floor of the lowest enclosed area in a structure, including a basement,
except when all the following criteria are met:
1. The enclosed area is designated to satisfy the provisions of Section 6- 4.11(4); and
2, 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
3. Machinery and service facilities (e.g., hot water heater, furnace, electrical service)
contained in the enclosed area are located at least one (1) food above the 100 -year flood level;
and
4. The enclosed area is not a "basement" as defined in this section.
In cases where the lowest enclosed area satisfies criteria 1, 2, 3, and 4 above, the lowest
flood is the floor of the next highest enclosed area that does not satisfy the criteria above.
Minor Projects: Small development activities (except for filling, grading and excavating)
valued at less than $500.
New Construction: Those structures or development for which the start of construction
commenced on or after the effective date of the Flood Insurance Rate Map (September 6,
1989).
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 installation 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 floodplain management regulations adopted by the community on April 16,
1990.
26
One Hundred (100) Year Flood: A flood, the magnitude of which has a one (1) percent
chance of being equaled or exceeded in any given year or which, on the average, will be
equaled or exceeded at least once every one hundred (100) years.
Recreational Vehicle: A vehicle which is:
1. Built on a single chassis;
2. Four hundred (400) square feet or less when measured at the largest horizontal
projection;
3. Designed to be self - propelled or permanently towable by a light duty truck; and
4. Designed primarily not for use as a permanent dwelling but as a temporary living
quarters for recreational, camping, travel, or seasonal use.
Routine Maintenance of Existing Buildings and Facilities: Repairs necessary to keep a
structure in a safe and habitable condition, provided they are not associated with a general
improvement of the structure or repair of a damaged structure. Such repairs include:
1. Normal maintenance of structures such as re- roofing, replacing roofing tiles and
replacing siding;
2. and similar finish work;
3. Basement sealing;
4. Repairing or replacing damaged or broken window panes;
5. Repairing plumbing systems, electrical systems, heating or air conditioning systems
and repairing wells or septic systems.
Special Flood Hazard Area: The land within a community subject to the 100 -year flood. This
land is identified as Zone A on the community's Flood Insurance Rate Map.
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 improvement, 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 pouring 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 cleaning, grading or filling, nor does it include the installation of streets and /or
walkways; 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 dimension of the building.
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, and other similar uses.
Substantial Damage: Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed 50 percent of
the market value of the structure before the damage occurred.
Substantial Improvement: Any improvement to a structure which satisfies either of the
following criteria:
1. Any repair, reconstruction, rehabilitation, addition or improvement of a structure, the cost
of which would equal or exceed 50 percent of the market value of the structure either (i) before
the improvement or repair is started, or (ii) if the structure has been damaged, and was being
restored, before the damaged occurred. For the purposes of this definition, "substantial
27
improvement" is considered to occur when the first alteration affects the external dimensions of
the structure. This term does not, however, include any project for improvement of a structure
to comply with existing state or local health, sanitary, or safety code specifications which are
solely necessary to assure safe conditions for the existing use.
2. Any addition which increases the original floor area of a building by 25 percent or more.
All additions constructed after September 6, 1989 shall be added to any proposed addition in
determining whether the total increase in original flood space would exceed 25 percent.
Variance: A grant of relief by a community from the terms of the floodplain management
regulations as defined in Article 2.
Violation: The failure of a structure or other development to be fully compliant with the
community's floodplain management regulations.
Section 3. The foregoing amendment shall take affect upon publication, as provided by law.
Passed, approved and adopted this 19th day of September, 2011.
/s /Lynn V. Sutton, Mayor Pro -Tem
Attest: /s /Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph - Herald on the 23rd day of September, 2011.
/s /Kevin S. Firnstahl, City Clerk
Fiscal Year 2012 Budget Amendment No. 1: Proof of publication on notice of public hearing
to consider the Fiscal Year 2012 Budget Amendment No. 1, and the City Manager
recommending approval. Motion by Connors to receive and file the documents and adopt
Resolution No. 322 -11 Amending the current budget for the fiscal year ending June 30, 2012.
Seconded by Jones. Responding to questions from City Council, Budget Director Jenny
Larson clarified that this involves carryover of funds for projects and grants which cross
multiple fiscal years. Motion carried 6 -0.
CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION
To the Auditor of Dubuque County, Iowa: The City Council of Dubuque in said
County /Counties met on 09/19/2011, at the place and hour set in the notice, a copy of which
accompanies this certificate and is certified as to publication. Upon taking up the proposed
amendment, it was considered and taxpayers were heard for and against the amendment.
The Council, after hearing all taxpayers wishing to be heard and considering the statements
made by them, gave final consideration to the proposed amendment(s) to the budget and
modifications proposed at the hearing, if any. thereupon, the following resolution was
introduced.
28
RESOLUTION NO. 322 -11
A resolution amending the current budget for the Fiscal Year ending June 30, 2012. Be it
Resolved by the Council of the City of Dubuque.
Section 1. Following notice published and the public hearing held, 09/19/2011, the current
budget (as previously amended) is amended as set out herein and in the detail by fund type
and activity that supports this resolution which was considered at that hearing:
Passed this 19th day of September 2011.
Kevin S. Firnstahl City Clerk
29
Roy D. Buol, Mayor
Total Budget
as certified
or last amended
20,559,847
Current
Amendment
0
Total Budget
after Current
Amendment
20,559,847
Revenues & Other Financing Sources
Taxes Levied on Property 1
Less Uncollectted Property Taxes -Levy Year 2
0
0
0
Net Current Property Taxes 3
20,559,847
0
20,559,847
Delinquent Property Taxes 4
0
0
0
TIF Revenues 5
10,151,097
0
10,151,097
Other City Taxes 6
14,904,342
0
14,904,342
Licenses & Permits 7
1,254,672
0
1,254,672
Use of Money and Property 8
12,639,846
135,000
12,774,846
Intergovernmental 9
33,190,214
60,110,019
93,300,233
Charges for Services 10
32,758,317
81,480
32,839,797
Special Assessments 11
244,100
197,000
441,100
Miscellaneous 12
6,556,190
1,634,709
8,190,899
Other Financing Sources 13
66,978,000
37,141,675
104,119,675
Total Revenues and Other Sources 14
199,236,625
24,073,368
99,299,883
616,997
298,536,508
24,690,365
Expenditures & Other Financing Uses
Public Safety 15
Public Works _ 16
11,669,809
368,554
12,038,363
Health and Social Services _ 17
914,521
105,983
1,020,504
Culture and Recreation 18
9,891,483
107,623
9,999,106
Community and Economic Development 19
13,006,091
342,906
13,348,997
General Government 20
6,912,736
233,650
7,146,386
Debt Service 21
7,019,294
0
7,019,294
Capital Projects 22
32,035,166
77,624,991
109,660,157
Total Government Activities Expenditures 23
105,522,468
79,400,704
184,923,172
Business Type / Enterprises 24
76,139,146
38,562,757
114,701,903
Total Gov Activities & Business
Expenditures
25
181,661,614
117,963,461
299,625,075
Transfers Out 26
21,147,963
6,865,744
28,013,707
Total Expenditures /Transfers Out 27
202,809,577
- 3,572,952
124,829,205
- 25,529,322
327,638,782
- 29,102,274
Excess Revenues & Other Sources Over
(Under) Expenditures /Transfers Out Fiscal Year 28
Continuing Appropriation 29
0
N/A
0
Beginning Fund Balance July 1 30
22,846,457
16,872,124
39,718,581
Ending Fund Balance June 30 31
19,273,505
- 8,657,198
10,616,307
Passed this 19th day of September 2011.
Kevin S. Firnstahl City Clerk
29
Roy D. Buol, Mayor
Rose of Dubuque, LLP — Development Agreement: Proof of publication on notice of public
hearing to consider a Development Agreement with the Rose of Dubuque, LP for a 70 -unit
affordable living facility on Lake Ridge Drive and the City Manager recommending approval.
Motion by Jones to receive and file the documents and adopt Resolution No. 323 -11 Approving
a Development Agreement with the Rose of Dubuque, L.P. for property located on Lake Ridge
Drive. Seconded by Resnick. Responding to questions from City Council, developer Greg
McClenahan addressed the issue that all residents are encouraged to wear electronic
pendants for the 24 -hour emergency safety system. Motion carried 6 -0.
RESOLUTION NO. 323 -11
APPROVING A DEVELOPMENT AGREEMENT WITH THE ROSE OF DUBUQUE, L.P. FOR
PROPERTY LOCATED ON LAKE RIDGE DRIVE
Whereas, the City of Dubuque, Iowa, has undertaken an Urban Renewal project for the
purpose of advancing the community's ongoing economic development efforts in the Lake
Ridge Urban Renewal District; and
Whereas, the City Council, by Resolution No. 302 -11, dated September 6, 2011 declared its
intent to enter into a Development Agreement with The Rose of Dubuque, L.P. for property
located on Lake Ridge Drive; and
Whereas, pursuant to published notice, a public hearing was held on the proposed disposition
on September 19, 2011 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque,
Iowa; and
Whereas, the City of Dubuque, Iowa is encouraging the use of urban renewal tax
obligations for the purpose of developing property located on Lake Ridge Drive into a seventy
(70) unit affordable assisted living facility; and
Whereas, it is the determination of this Council that approval of the Development Agreement
for the purpose of developing property located on Lake Ridge Drive by The Rose of Dubuque,
L.P. according to the terms and conditions set out in the Development Agreement is in the
public interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Development Agreement with The Rose of Dubuque, L.P. is hereby
accepted and approved.
Section 2. That the Mayor is hereby authorized to execute, on behalf of the City Council of
the City of Dubuque, Iowa, the attached Development Agreement with The Rose of Dubuque,
L.P.
Section 3.That the City Manager is authorized to take such actions as are necessary to
comply with the terms of the Development Agreement as herein approved.
Passed, approved and adopted this 19th day of September, 2011.
Lynn V. Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
Dubuque River Rides, Inc. — Docking Lease Agreement: Proof of publication on notice of
public hearing to consider the proposed Docking License Agreement between the City of
Dubuque and Dubuque River Rides, Inc., and the City Manager recommending approval.
Motion by Jones to receive and file the documents and adopt Resolution No. 324 -11 Disposing
of an Interest in real property by License Agreement with Dubuque River Rides, Inc. Seconded
by Braig. Motion carried 6 -0.
30
RESOLUTION NO. 324 -11
DISPOSING OF AN INTEREST IN REAL PROPERTY BY LICENSE AGREEMENT WITH
DUBUQUE RIVER RIDES, INC.
Whereas, the City of Dubuque, Iowa (City) is the owner of the real property shown on Exhibit A
attached hereto (the Property); and
Whereas, Dubuque River Rides, Inc. (River Rides) desires to license the Property for docking
its vessels and other related uses upon the terms set forth in a Docking License Agreement now
on file in the Office of the City Clerk at City Hall, Dubuque, Iowa, which provides among other
things for a term of five years; and
Whereas, the City Council, pursuant to notice published as required by law, held a public
hearing on the proposed disposition of the Property on September 19, 2011, and overruled all
objections thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque approves of the Docking License
Agreement disposing of the City's interest in the Property.
Section 2. The Mayor is authorized and directed to execute the Docking License Agreement
on behalf of the City.
Passed, approved and adopted this 19th day of September 2011.
Roy D. Buol, Mayor, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Electrical Code Amendments: City Manager recommending approval of amendments to the
City of Dubuque's Electrical Code that have been recommended by the Electrical Board of
Appeals. Motion by Connors to receive and file the documents and that the requirement that a
proposed ordinance be considered and voted on for passage at two Council meetings prior to
the meeting at which it is to be passed be suspended. Seconded by Resnick. Motion carried 6-
0.
Motion by Connors for final consideration and passage of Ordinance No. 47 -11 Amending
City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building
Codes, Section 14-1D-2 National Electrical Code Amendments by removing replacement,
installation, and alteration from activities allowed as routine maintenance and performed by a
maintenance electrician and by removing Section 83 -8 Bonding, Article 250.104(B) Other
Metal Piping, and Article 250.104(E) Gas Piping System Bonding requirement. Seconded by
Braig. Motion carried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 47 -11
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING CODES, SECTION 14 -1D -2 NATIONAL
ELECTRICAL CODE AMENDMENTS BY REMOVING REPLACEMENT, INSTALLATION,
AND ALTERATION FROM ACTIVITIES ALLOWED AS ROUTINE MAINTENANCE AND
PERFORMED BY A MAINTENANCE ELECTRICIAN AND BY REMOVING SECTION 83 -8
BONDING, ARTICLE 250.104(B) OTHER METAL PIPING, AND ARTICLE 250.104(E) GAS
PIPING SYSTEM BONDING REQUIREMENT
31
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 14 -1 D -2 of the City of Dubuque Code of Ordinances is amended to read
as follows:
14-1D-2: NATIONAL ELECTRICAL CODE AMENDMENTS:
The national electrical code adopted by section 14 -1 D -1 of this article is hereby amended
as follows:
80 -3. Definitions, General. For the purpose of these provisions, certain terms, phrases,
words, and their derivatives shall be construed as specified in this section. Where terms are
not defined, they shall have their ordinarily accepted meanings within the context with which
they are used. Webster's third new international dictionary of the English language,
unabridged, copyright 1981, shall be considered as providing ordinarily accepted meanings.
Words used in the singular include the plural and the plural the singular. Words used in
masculine gender include the feminine and the feminine the masculine.
Routine maintenance means the servicing, maintaining, or repairing of existing electrical
apparatus or equipment for which no changes in wiring are made.
8▪ 3 -1. Definitions. For use within this article, the following words and phrases are defined:
Maintenance electrician means a person who has the necessary training, experience,
and technical knowledge to undertake the work of servicing, maintaining, and repairing
electrical devices, appliances, and equipment within the stipulated confines of property
owned or controlled by the firm, business, or company by whom employed. An electrical
maintenance certificate of competency may be issued to an individual and will entitle the
holder thereof to undertake the work of servicing, maintaining, and repairing electrical
devices, appliances, and equipment only within the confines of the property owned by such
individual for use or application to such property.
Sec▪ t▪ ion 2. This Ordinance takes effect upon publication.
Passed, approved and adopted the 19th day of September, 2011.
/s /Lynn V. Sutton, Mayor Pro -Tem
Attest: /s /Kevin S. Firnstahl, Acting City Clerk
Published officially in the Telegraph - Herald newspaper on the 23rd day of September, 2011.
/s /Kevin S. Firnstahl, City Clerk
Iowa Clean Air Attainment Program (ICAAP) Grant Application: City Manager
recommending approval of the submission of the Iowa Clean air Attainment Program (ICAAP)
grant in the amount of $2,535,832 to fund the IBM research and pilot route services for two
years. Motion by Lynch to receive and file the documents and adopt Resolution No. 325 -11
Endorsing the submission of an Iowa Clean Air Attainment Program (ICAAP) grant application
to the Iowa Department of Transportation to fund IBM research and for implementation of two
pilot route services. Seconded by Jones. Motion carried 6 -0.
32
RESOLUTION NO. 325 -11
ENDORSING THE SUBMISSION OF AN IOWA CLEAN AIR ATTAINMENT PROGRAM
(ICAAP) GRANT APPLICATION TO THE IOWA DEPARTMENT OF TRANSPORTATION TO
FUND IBM RESEARCH AND FOR IMPLEMENTATION OF TWO PILOT ROUTE SERVICES
Whereas, the Iowa Clean Air Attainment Program (ICAAP) provides funding for reducing
congestion, reducing travel or single- occupant vehicle usage, and improving air quality; and
Whereas the ICAAP program is an 80/20 match, 80% federal funds, 20% local match funds;
and
Whereas, the City Council finds that the IBM Smarter Travel project, college route and the
midtown circulator and downtown feeder route would promote clean air standards in Dubuque
and provide a new form of public transit service for the citizens of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council of the City of Dubuque, Iowa hereby endorses the attached
application to the Iowa Clean Air Attainment Program which includes for a 20% local match for
the midtown circulator and downtown feeder routes.
Section 2. That the City Manager is authorized to sign, on behalf of the City Council, the
application for ICAAP.
Passed, approved and adopted this 19th day of September, 2011.
Lynn V. Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
Request for Work Session: City Manager requesting setting a work session on Monday,
December 5, at 5:30 p.m. for a presentation on Council Bluffs activities related to the 2011
Missouri River flooding. Motion by Connors to receive and file the document and set a work
session for the requested date and time. Council Member Lynch stated that he will not be able
to attend. Seconded by Jones. Motion carried 6 -0.
COUNCIL MEMBER REPORTS
Council Member Braig and Mayor Pro -Tem Sutton reported on the Midwest Culturally Inclusive
Conference they attended in Platteville on September 16 and 17.
There being no further business, upon motion the City Council adjourned at 7:31 p.m.
Kevin S. Firnstahl
City Clerk
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