5 2 16 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:30 p.m. on May 2, 2016 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Lynch, Resnick,
Rios; City Manager Van Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a special session of the City Council called
for the purpose of conducting a work session on Skills Gap.
WORK SESSION
SKILLS GAP ANALYSIS
Rick Dickinson, CEO/President, and Kristin Dietzel, VP of Workforce Solutions for
Greater Dubuque Development Corp. provided a slide presentation on Skills Gap Anal-
ysis. Topics included:
• Labor market overview
• Employment growth
• Working age population growth
• Earnings per worker
• Skills gap: methodology
• Population by race/ethnicity and gender
• Education attainment overview for Dubuque 7 -county region
• Skills gap by occupation
• EMSI data calculation and projections
The City Council had discussion with Mr. Dickinson and Ms. Dietzel following the
presentation.
There being no further business, upon motion the City Council adjourned at 6:20 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on May 2, 2016 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Lynch, Resnick,
Rios; City Manager Van Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
KDTH Day (May 4, 2016) was accepted by KDTH News Director Jesse Gavin;
Historic Preservation Month (May 2016) was accepted by Historic Preservation
Commission Chairperson Christina Monk;
Mental Health Month (May 2016) was accepted by Matt Zanger of Mental Health
America — Dubuque County.
ICMA FELLOWSHIP EXCHANGE
Assistant City Manager Cindy Steinhauser introduced members of the latest Interna-
tional City/County Fellowship Exchange Program Mr. Sothy Roth Sam Oeurn of Cam-
bodia, Mr. Alfian of Indonesia, Ms. Rina Rachmawati of Indonesia, Ms. Walaiporn (Bee)
Phumirat of Thailand.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Resnick. Council Member Jones requested (#4)
Chris Kohlmann Receives Women of Achievement Award be held for separate discus-
sion. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council Proceedings of 4/18; Housing Com-
mission of 3/22; Zoning Advisory Commission of 4/6; Proof of Publication for City Coun-
cil Proceedings of 4/4. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Cafe Fraiche for property damage/loss of revenue,
Terry Leibold for vehicle damage, and Agnes Nadermann for property damage; Devon
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Phillips for lost property. Upon motion the documents were received, filed and referred
to the City Attorney.
3. Disposition of Claims: City Attorney advising that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As-
surance Pool: Cafe Fraiche for property damage/loss of revenue; Terry Leibold for vehi-
cle damage; Agnes Nadermann for property damage. Upon motion the documents were
received, filed and concurred.
4. Chris Kohlmann Receives Women of Achievement Award: City Manager transmit-
ting information on Information Services Manager Chris Kohlmann receiving the
Achievements in Her Field Award from the Women's Leadership Network that recogniz-
es and honors women who have already, or aspire to, provide significant contributions
in their professional, personal and volunteer roles in the community. Motion by Jones to
receive and file the documents. Seconded by Resnick. Council Member Jones recog-
nized Ms. Kohlmann for her achievements. Motion carried 7-0.
5. Ken Kringle Historic Preservation Awards: Historic Preservation Commission sub-
mitting information on the 2016 Ken Kringle Historic Preservation Awards that were pre-
sented at the April 2016 Architecture Days and recognize exemplary rehabilitation ef-
forts of eight properties. Upon motion the documents were received and filed.
6. Historic Tax Credit Workshop: Historic Preservation Commission transmitting in-
formation on a free Historic Tax Credits Workshop on May 24, 2016 at Inspire Cafe
sponsored by the Commission. Upon motion the documents were received and filed.
7. Sustainable Dubuque Community Grant Recommendations: City Manager recom-
mending approval of four projects for funding from the Sustainable Dubuque Community
Grant Program. Upon motion the documents were received, filed and approved.
8. Community Development Block Grant (CDBG) Fiscal Year 2016 Annual Action
Plan Amendment 4: City Manager recommending adoption of the FY2016 Annual Ac-
tion Plan — Amendment 4 for the Community Development Block Grant (CDBG) Pro-
gram that reallocates funding for the FY2017 Annual Action Plan. Upon motion the doc-
uments were received and filed and Resolution No. 164-16 Approving Fiscal Year 2016
(Program Year 2015) Annual Action Plan Amendment 4 for Community Development
Block Grant (CDBG) Funds was adopted.
RESOLUTION NO. 164-16
APPROVING FISCAL YEAR 2016 (PROGRAM YEAR 2015) ANNUAL ACTION PLAN
AMENDMENT 4 FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
FUNDS
Whereas, the City of Dubuque prepared and filed an Annual Action Plan for Fiscal
Years 2016; and
Whereas, the City of Dubuque now desires to amend said Annual Plan by reallocat-
ing funds between existing activities; and
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Whereas, said amendment is a non -substantial amendment as provided in the City's
Citizen Participation Plan and therefore must be approved by resolution of the City
Council after recommendation by the Community Development Advisory Commission;
and
Whereas, the Community Development Advisory Commission reviewed said
amendment during a public meeting on April 20, 2016 and voted to approve said
amendment and recommend approval by the City Council.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Annual Action Plan for Fiscal Year 2016 (Program Year 2015) is
hereby amended to reallocate funding from Multicultural Family Center to Neighborhood
Infrastructure Activities as described in the FY 2016 Annual Action Plan — Amendment
4, attached hereto as Exhibit A.
Section 2. That said Fiscal Year 2016 (Program Year 2015) Annual Action Plan
Amendment 4 attached hereto as Exhibit A is hereby approved.
Section 4. That the City Manager is hereby authorized and directed to submit a copy
of this resolution and amendment to the U.S. Department of Housing and Urban Devel-
opment.
Passed, approved and adopted this 2nd day of May, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
9. Community Development Block Grant (CDBG) Fiscal Year 2017 Annual Action
Plan: City Manager recommending approval of a resolution adopting the Fiscal Year
2017 Annual Action Plan and authorizes the City Manager to prepare and submit the
Plan to the U.S. Department of Housing and Urban Development (HUD). Upon motion
the documents were received and filed and Resolution No. 165-16 Adopting the Fiscal
Year 2017 (Program Year 2016) Community Development Block Grant (CDBG) Annual
Action Plan was adopted.
RESOLUTION NO. 165-16
ADOPTING THE FISCAL YEAR 2017 (PROGRAM YEAR 2016) COMMUNITY DE-
VELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN
Whereas, the City of Dubuque has, through a series of public meetings and hearings,
proposed a Fiscal Year 2017 (Program Year 2016) Community Development Block
Grant Annual Action Plan addressing both housing and non -housing needs in the com-
munity; and
Whereas, copies of the draft Fiscal Year 2017 (Program Year 2016) CDBG Annual
Action Plan have been available for public comment 30 days prior to City Council action;
and
Whereas, the City's Community Development Advisory Commission has reviewed
and recommended adoption of an Annual Action Plan following a public hearing; and
Whereas, the City Council has held a public hearing on the proposed plan on Febru-
ary 17, 2016 following a 30 day public comment period; and
Whereas, City Council has included the Fiscal Year 2017 Annual Action Plan in the
Fiscal Year 2017 City Budget on March 14, 2016.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Community Development Block Grant Fiscal Year 2017 (Program
Year 2016) Annual Action Plan, attached hereto as Exhibit A and by this reference
made a part hereof, is hereby adopted.
Section 2. That the Community Development Block Grant Fiscal Year 2017 (Program
Year 2016) Annual Action Plan, shall be included in the Five Year Consolidated Plan for
the use of Community Development Block Grant Funds for Fiscal Year 2016-2020.
Section 3. The City Manager is hereby authorized and directed to prepare and submit
to the United States Department of Housing and Urban Development the Fiscal Year
2017 (Program Year 2016) Annual Action Plan with all related documents for the use of
Community Development Block Grant funds based on this adopted budget and execute
standard contracts and agreements.
Passed, approved and adopted this 2nd day of May 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10. Contract for Services with Circles® USA: City Manager recommending approval
of a contract with Circles® USA for consulting services for the Dubuque Circles® Initia-
tive. Upon motion the documents were received, filed and approved.
11. 2016 Pavement Marking Project Award: City Manager recommending award of
the public improvement contract or the 2016 Pavement Marking Project to SELCO, Inc.
Upon motion the documents were received and filed and Resolution No. 166-16 Award-
ing the public improvement contract for the 2016 Pavement Marking Project was adopt-
ed.
RESOLUTION NO. 166-16
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE 2016 PAVEMENT
MARKING PROJECT
Whereas, sealed proposals have been submitted by contractors for the 2016 Pave-
ment Marking Project, (the Project) pursuant to Resolution No. 115-16 and Notice to
Bidders published in a newspaper published in the City of Dubuque, Iowa on the 8th
day of April, 2016; and
Whereas, said sealed proposals were opened and read on the 21st day of April,
2016 and it has been determined that SELCO, Inc. of Dubuque, Iowa, with a bid in the
amount of $117,843.63 is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to SELCO,
Inc. and the City Manager is hereby directed to execute a Public Improvement Contract
on behalf of the City of Dubuque for the Project.
Passed, approved and adopted this 2nd day of May, 2016.
Attest: Kevin S. Firnstahl, City Clerk
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Roy D. Buol, Mayor
12. Fiscal Year 16 Sewershed 5, 7, 11, 12 Manhole Project Award: City Manager
recommending that the that the award for the FY16 Sewershed 5, 7, 11 and 12 Sanitary
Sewer Manhole Project be officially recorded in the minutes of the City Council. Upon
motion the documents were received, filed and made a Matter of Record.
13. Compensation Package for Non -bargaining Unit Employees: City Manager rec-
ommending that effective July 1, 2016 through June 30, 2017, the wage plans in effect
on June 30, 2016 for general employee classifications and non -assigned classifications
be increased by 2.5% across the board. Upon motion the documents were received and
filed and Resolution No. 167-16 Approving the compensation package for Non -
Bargaining Unit Employees for Fiscal Year 2016 was adopted.
RESOLUTION NO. 167-16
APPROVING THE COMPENSATION PACKAGE FOR NON -BARGAINING UNIT EM-
PLOYEES FOR FISCAL YEAR 2017
Whereas, the City Manager has recommended the compensation package for Non -
bargaining Unit Employees for Fiscal Year 2017; and
Whereas, the recommended compensation package for Non -bargaining Unit em-
ployees is consistent with the compensation package to be received by Bargaining Unit
employees.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the compensation package for Non -bargaining Unit employees for
Fiscal Year 2017 is hereby approved.
Passed, approved and adopted this 2nd day of May, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
14. Southwest Arterial Project Property Acquisition - Neztrop, LLC and Portzen Build-
ing Firm, LLC: City Attorney recommending approval of a Purchase Agreement for ac-
quisition of property and easements for the Southwest Arterial Project from Neztrop,
LLC and Portzen Building Firm, LLC. Upon motion the documents were received, filed
and approved.
15. Pre -Annexation Agreement — Culbertson: City Manager recommending approval
of a Pre -Annexation Agreement with Thomas R. and Carrie A. Culbertson, property
owners of Lot 18 in Twin Ridge Subdivision. Upon motion the documents were received
and filed and Resolution No. 168-16 Approving a Pre -Annexation Agreement between
the City of Dubuque, Iowa and Thomas R. and Carrie A. Culbertson was adopted.
RESOLUTION NO. 168-16
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND THOMAS R. AND CARRIE A. CULBERTSON
Whereas, Thomas R. and Carrie A. Culbertson , owners of the following described
property in Dubuque County, Iowa (the Property) have submitted to the City Council of
6
the City of Dubuque an application for voluntary annexation of the Property to the City of
Dubuque:
Lots 18 in Twin Ridge Subdivision No. 5 in Section 12 in Table Mound Township,
Dubuque County, Iowa, according to the recorded plat thereof.
Whereas, Thomas R. and Carrie A. Culbertson have entered into a Pre -annexation
Agreement with the City of Dubuque a copy of which is attached hereto governing the
future annexation of the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property
in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan
of the City of Dubuque, necessary for the future orderly growth and development of the
City of Dubuque, and will promote efficient and cost effective extension of municipal
services; and
Whereas, the City Council finds that the annexation of the Property is in the public in-
terest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre -annexation Agreement by and between Thomas R. and Carrie A.
Culbertson and the City of Dubuque is hereby approved.
Passed, approved and adopted this 2nd day of May, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
16. Pre -Annexation Agreement — Noel: City Manager recommending approval of a
Pre -Annexation Agreement with Dennis J. and Jean M. Noel, property owners of Lot 3
in Twin Ridge Subdivision. Upon motion the documents were received and filed and
Resolution No. 169-16 Approving a Pre -Annexation Agreement between the City of
Dubuque, Iowa and Dennis J. and Jean M. Noel was adopted.
RESOLUTION NO. 169-16
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND DENNIS J. AND JEAN M. NOEL
Whereas, Dennis J. and Jean M. Noel, owners of the following described property in
Dubuque County, Iowa (the Property) have submitted to the City Council of the City of
Dubuque an application for voluntary annexation of the Property to the City of Dubuque:
Lots 3 in Twin Ridge Subdivision No. 4 in Section 12, Table Mound Township,
Dubuque County, Iowa, according to the recorded plat thereof; and
Whereas, Dennis J. and Jean M. Noel have entered into a Pre -annexation Agree-
ment with the City of Dubuque a copy of which is attached hereto governing the future
annexation of the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property
in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
7
Whereas, the annexation of the Property is consistent with the Comprehensive Plan
of the City of Dubuque, necessary for the future orderly growth and development of the
City of Dubuque, and will promote efficient and cost effective extension of municipal
services; and
Whereas, the City Council finds that the annexation of the Property is in the public in-
terest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre -annexation Agreement by and between Dennis J. and Jean M.
Noel and the City of Dubuque is hereby approved.
Passed, approved and adopted this 2" day of May, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
17. Pre -Annexation Agreement — Welsh: City Manager recommending approval of a
Pre -Annexation Agreement with Donald and Margery A. Welsh, property owners of
property located at the northeast corner of Key West Drive and Lake Eleanor Drive. Up-
on motion the documents were received and filed and Resolution No. 170-16 Approving
a Pre -Annexation Agreement between the City of Dubuque, Iowa and Donald and Mar-
gery A. Welsh was adopted.
RESOLUTION NO. 170-16
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND DONALD AND MARGERY A. WELSH
Whereas, Donald and Margery A. Welsh, owners of the following described property
in Dubuque County, Iowa (the Property) have submitted to the City Council of the City of
Dubuque an application for voluntary annexation of the Property to the City of Dubuque:
Lots 2 of Margery Welsh Place in Dubuque County, Iowa; south 15 feet of Lot 1
of Lot 78; and south 15 feet of Lot 2 of Lot 78; all in Key West, Dubuque County,
Iowa, according to the recorded plats thereof; subject to highway and easements
of record; and
Whereas, Donald and Margery A. Welsh have entered into a Pre -annexation Agree-
ment with the City of Dubuque a copy of which is attached hereto governing the future
annexation of the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property
in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan
of the City of Dubuque, necessary for the future orderly growth and development of the
City of Dubuque, and will promote efficient and cost effective extension of municipal
services; and
Whereas, the City Council finds that the annexation of the Property is in the public in-
terest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. The Pre -annexation Agreement by and between Donald and Margery A.
Welsh and the City of Dubuque is hereby approved.
Passed, approved and adopted this 2nd day of May, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
18. Urban Deer Management Plan 2016-2017: City Manager transmitting the City of
Dubuque 2015-2016 Urban Deer Management Report and recommending approval of
the 2016-2017 Urban Deer Management Plan. Upon motion the documents were re-
ceived, filed and approved.
19. Weaver Castle, LLC - Third Amendment to Development Agreement for 1576-
1580 Locust Street: City Manager recommending approval of a Third Amendment to the
Development Agreement with Weaver Castle, LLC for the redevelopment of the proper-
ty at 1576-1578-1580 Locust Street extending the completion date to June 30, 2016.
Upon motion the documents were received and filed and Resolution No. 171-16 Ap-
proving the Third Amendment to Development Agreement between the City of Dubu-
que, Iowa and Weaver Castle, LLC was adopted.
RESOLUTION NO. 171-16
APPROVING THE THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF DUBUQUE, IOWA AND WEAVER CASTLE, LLC
Whereas the City of Dubuque, Iowa (City) and Weaver Castle, LLC (Developer) en-
tered into a Development Agreement dated for reference purposes the 6th day of April,
2014 for the redevelopment of the property at 1576-1578-1580 Locust Street; and
Whereas City and Developer now desire to amend the Development Agreement as
set forth in the Third Amendment to Development Agreement attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby approves the Third Amendment to Development
Agreement.
Section 2. The Mayor is authorized and directed to sign the Third Amendment to De-
velopment Agreement on behalf of the City of Dubuque.
Passed, approved and adopted this 2nd day of May, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
20. Code of Ordinances - Adoption of Supplement 21: City Clerk recommending
adoption of Supplement No. 21 to the City of Dubuque Code of Ordinances. Upon mo-
tion the documents were received and filed and Resolution No. 172-16 Adopting Sup-
plement No. 21 to the Code of Ordinances of the City of Dubuque, Iowa was adopted.
9
RESOLUTION NO. 172-16
ADOPTING SUPPLEMENT NO. 21 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 entire-
ty; 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 resolu-
tion, 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. 21 of the Code of Ordinances of the City of Dubu-
que, Iowa, covering Ordinance Nos. 13-15, 16-15 through 20-15, 23-15, 24-15, 73-15,
74-15 and 1-16 as adopted by the City Council through March 7, 2016, 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 2nd day of May, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
21. Signed Contracts: Area Residential Care, Inc., Vocation Services (ARC) agree-
ment with the City of Dubuque for performing clean-up services in City parks. Upon mo-
tion the documents were received and filed.
22. Improvement Contracts / Performance, Payment and Maintenance Bonds: Con-
nolly Construction for the FY16 Sewershed 7, 11, and 12 Manhole Project; McDermott
Excavating for the FY16 Sewershed 5 Manhole Project; Tschiggfrie Excavating. Co. for
the 2016 Bridge Repairs and Maintenance Project. Upon motion the documents were
received, filed and approved.
23. Alcohol Compliance Civil Penalty for Alcohol License Holder — Days Inn & Spirits
Bar & Grill: City Manager recommending approval of the Acknowledgment/Settlement
Agreement for an alcohol compliance violation for Days Inn & Spirits Bar & Grill, 1111
Dodge Street. Upon motion the documents were received, filed and approved.
24. Tobacco Compliance — Civil Penalty for Tobacco License Holder — Tott's Tap:
City Manager recommending approval of the Acknowledgement/Settlement Agreement
for a tobacco compliance violation for Tott's Tap, 3457 Jackson Street. Upon motion the
documents were received, filed and approved.
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25. Alcohol License Applications: City Manager recommending approval of annual
beer, liquor and wine licenses as submitted. Upon motion the documents were received
and filed and Resolution No. 173-16 Approving applications for beer, liquor, and/or wine
permits, as required by City of Dubuque Code of Ordinances Title 4 Business and Li-
cense Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses
and Permits was adopted.
RESOLUTION NO. 173-16
APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS
REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS
AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQ-
UOR, BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted
and filed with the City Council for approval and the same have been examined and ap-
proved; and
Whereas, the premises to be occupied by such applicants were inspected and found
to comply with the Ordinances of the City and the applicants have filed the proper fees
and bonds and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Renewals
Easy Street
30 Main St.
Ichiban Hibachi Steakhouse &
Sushi Bar
3187 University Ave.
Kmart # 4018
2600 Dodge St.
Marco's Italian American Food
2022 Central Ave.
Oky Doky #1
250 W 1s St.
Paradise Distilling Company
245 Railroad Ave.
Paro Food Mart
Shenanigans Pub, LLC
Shot Tower Inn
Class C Liquor (Outdoor)
(Sunday)
Class C liquor (Sunday)
Class C Beer, Class B
Wine (Sunday)
Class C Liquor
Class C Beer, Class B
Wine (Sunday)
Class A Mico -distilled
Spirits
3200 Central Ave. + Class C Liquor (Sunday)
3203 Jackson St. Class C Liquor (Sunday)
390 Locust St. Class C (Sunday)
Tobacco Outlet Plus #504
806 Wacker Dr.
Tott's Tap
3457 Jackson St.
Special Events
Class C Beer, Class B
Wine (Sunday)
Class C Liquor (Sunday)
America's River Corporation
6-9
300 Main St.
Catfish Charlie's
5-10, 6-5, 7-10, 8-7
145 N Crescent Ridge
Dubuque County Fine Arts Society
Class C Liquor (Outdoor)
Class B Beer (Outdoor)
Town Clock Plaza Class B Beer (Outdoor)
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5-20
Dubuque Jaycees
6-17, 7-15, 8-9, 9-2
7Th and Main St.
Kickoff to Summer - Music N More
5-26
Town Clock Plaza
(Sunday)
Class B Beer (Outdoor)
Class B Beer (Outdoor)
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the
noted permit types to the following applicants pending submission of the locally required
documentation:
Passed, approved and adopted this 2nd day of May, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolutions, set the
public hearings as indicated, and direct the City Clerk to publish notice as prescribed by
law. Seconded by Connors. Motion carried 7-0.
1. Carnegie -Stout Public Library - Maker Space Project: City Manager recommending
preliminary approval of the construction plans and specifications, authorize the public
bidding process and set a public hearing for May 16, 2016 for the Carnegie -Stout Public
Library's Maker Space Project. Upon motion the documents were received and filed and
Resolution No. 174-16 Preliminary approval of plans, specifications, form of contract,
and estimated cost; setting date of public hearing on plans, specifications, form of con-
tract, and estimated cost; and ordering the advertisement for bids was adopted setting a
public hearing for a meeting to commence at 6:30 p.m. on May 16, 2016 in the Historic
Federal Building.
RESOLUTION NO. 174-16
CARNEGIE-STOUT PUBLIC LIBRARY MAKER SPACE PROJECT
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC-
IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING
THE ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the Car-
negie -Stout Public Library Maker Space Project in the estimated amount $123,750.00,
are hereby preliminarily approved and ordered filed in the office of the City Clerk for
public inspection.
A public hearing will be held on the 16th day of May, 2016, at 6:30 p.m. in the Historic
Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa, at
which time interested persons may appear and be heard for or against the proposed
plans and specifications, form of contract and estimated cost of said Project, and the
City Clerk be and is hereby directed to cause the attached notice of the time and place
12
of such hearing to be published in a newspaper having general circulation in the City of
Dubuque, Iowa, which notice shall be published not less than four days nor more than
twenty days prior to the date of such hearing. At the hearing, any interested person may
appear and file objections to the proposed plans, specifications, form of contract, or es-
timated cost of the Project.
The Carnegie -Stout Public Library Maker Space Project is hereby ordered to be ad-
vertised for bids for construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the im-
provements herein provided, by publishing the attached Notice to Bidders to be pub-
lished in a newspaper having general circulation in the City of Dubuque, Iowa and which
notice shall be published not less than thirteen but not more than forty-five days before
the date for filing bids before 2:00 p.m. on the 3rd day of June, 2016. Bids shall be
opened and read by the City Clerk at said time and will be submitted to the City Council
for final action at 6:30 p.m. on the 20th day of June, 2016, in the Historic Federal Build-
ing Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 2nd day of May, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Transit Advisory Board Student Fare Recommendation: City Manager recommend-
ing that a public hearing be set for June 6, 2016 for discussion and approval of the Jule
Transit student fares for the 2016-2017 school year as recommended by the Transit
Advisory Board. Upon motion the documents were received and filed and Resolution
No. 175-16 Setting the date for a public hearing establishing a fixed -route student fare
was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June
6, 2016 in the Historic Federal Building.
RESOLUTION NO. 175-16
SETTING THE DATE FOR A PUBLIC HEARING ESTABLISHING A FIXED -ROUTE
STUDENT FARE
Whereas, the City of Dubuque provides fixed -route and paratransit services for the
citizens of Dubuque; and
Whereas, the number of rides to students has increased; and
Whereas, the cost to provide said services have continued to increase; and
Whereas, The City of Dubuque desires to continue to provide fixed -route and para -
transit services to its citizens; and
Whereas, the proposed fare will impact student riders and
Whereas, a student fare is proposed to include a per -ride and low-cost annual pass
option for students, the following student fare type categories and fares are proposed:
Student Fixed -Route Fares
Student under 11 years Free with Jule -issued Swipe Card
Student 11-18 years annual pass $10 annual pass with proof of age
Student 11-18 years per ride , $0.75 per ride with student ID
13
If approved, the proposed fixed -route fare type and related revisions take effect on
August 1, 2016.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1: A public hearing will be held as part of the City Council Budget Hearing
meeting on June 6, 2016. The meeting will begin at 6:30 p.m. and will be held in the City
Council Chambers of the Historic Federal Building, 350 W 6th Street, Dubuque, Iowa.
The purpose of the hearing is to allow public comment on the establishment of a student
fare type.
Section 2: Interested persons may comment on the proposed fare increase either in
writing by filing with the City Clerk prior to the time of the public hearing or in person at
the public hearing. Any comments submitted will be considered by the City Council and
following the public hearing, the City Council will act to adopt or reject the proposed fare
increase.
Passed, approved and adopted this 2nd day of May, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on
the following Boards/Commissions.
1. Building Code and Advisory Appeals Board: One, 3 -year term through August 1,
2018 (Vacant term of Carr — Residential Contractor). Applicant: Mark Gudenkauf, 1251
Deer Creek Ridge. Mr. Gudenkauf spoke in support of his appointment and provided a
brief biography.
Appointments were made to the following Board/Commission.
2. Human Rights Commission: Two, 3 -year terms through January 1, 2017 (Vacant
terms of Engling and Melchert). Applicants: Jeff Lenhart, 1274 Locust St. #3; and Jay
Schiesl, 195 W. 17th St. Motion by Lynch to appoint Mr. Lenhart and Mr. Schiesl to 3 -
year terms through January 2017. Seconded by Jones. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council on the following items.
1. Request to Amend Plaza 20 Planned Unit Development District: Proof of publica-
tion on notice of public hearing to consider approval of a request from Sara Hutchinson
to amend the Plaza 20 Planned Unit Development (PUD) District at 2600 Dodge Street
to allow construction of new retail space and rezone property from R-1 Single -Family
Residential to Planned Unit Development and the Zoning Advisory Commission recom-
14
mending approval with the condition that the landscaping added along the east side of
the PUD be a shade tree variety.
Motion by Jones to receive and file the documents and that the requirement that a
proposed ordinance be considered and voted on for passage at two Council meetings
prior to the meeting at which it is to be passed be suspended. Seconded by Resnick.
Applicant Sara Hutchinson spoke in favor of the request. Planning Services Laura Car-
stens provided a staff report. Ms. Hutchinson and Ms. Carstens responded to questions
from the City Council regarding fencing and landscaping and litter control concerns
raised by the neighboring property owners. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 13-16 Amend-
ing Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances
by rescinding Ordinances 15-62, 67-78, 52-91, and 6-99 which established regulations
for the Plaza 20 PUD Planned Unit Development District with a Planned Commercial
Designation and now being amended to allow for the development of new retail space
at the east side of the shopping plaza, and the rezoning of an adjacent parcel from R-1
Single -Family Residential to PUD Planned Unit Development. Seconded by Connors.
Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 13-16
AMENDING TITLE 16, THE UNIFIED DEVELOPMENT CODE OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY RESCINDING ORDINANCES 15-62, 67-78,
52-91, AND 6-99 WHICH ESTABLISHED REGULATIONS FOR THE PLAZA 20 PUD
PLANNED UNIT DEVELOPMENT DISTRICT WITH A PLANNED COMMERCIAL DES-
IGNATION AND NOW BEING AMENDED TO ALLOW FOR THE DEVELOPMENT OF
NEW RETAIL SPACE AT THE EAST SIDE OF THE SHOPPING PLAZA, AND THE
REZONING OF AN ADJACENT PARCEL FROM R-1 SINGLE-FAMILY RESIDENTIAL
TO PUD PLANNED UNIT DEVELOPMENT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16, the Unified Development Code of the City of Dubuque Code
of Ordinances is hereby amended by rescinding Ordinance 15-62, 67-78, 52-91, and 6-
99 which established regulations for the Plaza 20 Planned Unit Development District
with a Planned Commercial District designation, and now being amended to allow for
the development of new retail space and the rezoning of an adjacent parcel from R-1
Single -Family Residential to Planned Unit Development for the following described
property, 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.
A. Use Regulations
The following regulations shall apply to all uses made of land in the above-
described Planned Unit Development:
Principal permitted uses: The following uses are permitted in the Plaza 20 Planned
Unit Development:
1. Regional shopping center
2. Retail sales/service
15
3. Indoor restaurant
4. Drive-in/carry-out restaurant
5. General offices
6. Indoor recreation
7. Outdoor recreation
8. Auto sales and service
9. Auto service centers
10. Automated gas station
11. Self-service car wash
12. Business services
13. Hotel
14. Motel
15.Auditorium or assembly hall
Accessory Uses: The following accessory uses are permitted in the Plaza 20
Planned Unit Development:
1. Any use customarily incidental and subordinate to the principal use it serves.
2. Outdoor seating as part of an indoor restaurant, bar or tavern.
Conditional Uses: The following conditional uses are permitted in the Plaza 20
Planned Unit Development, subject to the provisions of Section 8 of the Unified
Development Code that establishes requirements for application to the Zoning
Board of Adjustment for a conditional use permit, and any other specific conditions
listed below for a conditional use.
1. Licensed child care centers, provided that:
a. Such facility shall supply loading and unloading spaces so as not to ob-
struct public streets or create traffic or safety hazards;
b. All licenses have been issued or have been applied for and are awaiting
the outcome of the state's decision; and
c. Such use shall not be located within the same structure as any gas sta-
tion, bar/tavern, automated gas station or any facility selling, servicing,
repairing, or renting vehicles.
d. The conditional use applicant certifies that the premises on which the li-
censed child care center will be located complies with, and will for so long
as the licensed child care center is so located, continue to comply with all
local, state and federal regulations governing hazardous substances,
hazardous conditions, hazardous wastes, and hazardous materials.
e. If the applicant is subject to the requirements of Section 302 of the Super -
fund Amendments and Reauthorization Act of 1986, as amended, the
Emergency Management Director shall certify whether or not the appli-
cant has submitted a current inventory of extremely hazardous substanc-
es kept or stored on the premises. If any such extremely hazardous sub-
stances are kept or stored on the premises, the applicant shall also post
in a conspicuous place on the premises a notice indicating a description
of the extremely hazardous substances, and the physical and health haz-
ards presented by such substances.
f. Applicant shall submit an evacuation plan for approval by the City, both
written and drawn, that details where the children will go in the event of a
16
hazardous materials incident. The plan shall include a "house in place"
scenario in which the children can be kept safely within a room of the
building that has no penetration to the outside (windows, doors, etc).
g. Applicant shall submit plans for approval by the City that indicate the in-
stallation of a main emergency shut-off switch for the heating, ventilation,
and air conditioning (HVAC) system to minimize the infiltration risk of air-
borne hazardous materials.
B. Lot and Bulk Regulations
The following bulk regulations shall apply in the Plaza 20 Planned Unit Develop-
ment, subject to the provisions of the Unified Development Code.
1. All shopping center buildings, structures, and activities shall be developed in
substantial conformance with the attached conceptual development plan.
2. All shopping center buildings and structures shall be limited to a maximum
height of 40 feet.
3. All buildings and structures located on out lots shall be developed in compli-
ance with the bulk regulations of the C-3 General Commercial district.
C. Sign Regulations
1. The provisions of the City of Dubuque Unified Development Code, Section
15 Signs shall apply unless further regulated by this section.
2. On-premise signs: On-premise signs shall be regulated in accordance with
the provisions of Exhibit B.
3. Off-premise signs: Off-premise signs shall be prohibited.
4. Variances: Variances from sign requirements for size, number, and height
may be requested. Such variances shall be reviewed by the Zoning Board of
Adjustment in accordance with Article 8-6 of the Unified Development Code.
D. Parking Regulations
1. Parking requirements for Plaza 20 shall be one space per 250 square feet of
retail space accessible to the general public.
2. All vehicle-related features shall be surfaced with standard or permeable
asphalt, concrete, or pavers.
3. Curbing and proper surface drainage of storm water shall be provided.
4. All parking and loading spaces shall be delineated on the surfacing material
by painted stripes or other permanent means.
5. The size and design of parking spaces shall be governed by applicable pro-
visions of the Unified Development Code enforced at the time of develop-
ment of the lot.
6. The number, size, design, and location of parking spaces designated for
persons with disabilities shall be according to the local, state, or federal re-
quirements in effect at the time of development.
7. Parking requirements for businesses located on out lots shall comply with
the provisions of Section 14 of the Unified Development Code.
E. Site Lighting
1. Exterior illumination of site features shall be limited to the illumination of the
following:
a. Parking areas, driveways and loading facilities.
b. Pedestrian walkway surfaces and entrances to building.
17
c. Building exterior.
2. Location and Design
a. All exterior lighting luminaries shall be designed and installed to shield
light from the luminaries at angles above 72 -degrees from vertical.
b. Fixtures mounted on a building shall not be positioned higher than the
roofline of the building.
c. All electrical service lines to posts and fixtures shall be underground and
concealed inside the posts.
F. Exterior Trash Collection Areas
1. The storage of trash and debris shall be limited to that produced by the prin-
cipal permitted use and accessory uses of the lot.
2. All exterior trash collection areas and the materials contained therein shall
be visually screened from view. The screening shall be completely opaque
fence, wall or other feature not exceeding a height of 10 feet measured from
the ground level outside the line of the screen. Screens built on sloping
grades shall be stepped so that their top line shall be horizontal. All exterior
entrances to a screened trash area shall be provided with a gate or door of
similar design to that of the screen.
G. Performance Standards
The development and maintenance of uses in this Planned Unit Development shall
be established in conformance with the following standards.
1. That the east side of Plaza 20 adjacent to the new retail space be planted
with species of shade trees that will provide an effective screen in the future
between the commercial plaza and residential properties to the east.
2. Platting: Subdivision plats shall be submitted in accordance with Section 11
Land Subdivision of the City of Dubuque Unified Development Code.
3. Site Plans: Final site development plans shall be submitted in accordance
with Section 12 Site Plans and Section 13 Site Design Standards of the City
of Dubuque Unified Development Code prior to construction of each building
and vehicle -related feature unless otherwise exempted by Article 12.
4. Storm Water Conveyance: The developer of each lot shall be responsible for
providing surface or subsurface conveyance(s) of storm water from the lot to
existing storm sewers or to the flow line of open drainage ways outside the
lot in a means that is satisfactory to the Engineering Department of the City
of Dubuque. Other applicable regulations enforced by the City of Dubuque
relative to storm water management and drainage shall apply to properties
in the Planned Unit Development.
H. Other Codes and Regulations
1. Service Lines. All electric, telephone, cable, or other similar utility lines serv-
ing the building and other site features shall be located underground, where
feasible.
2. These regulations do not relieve the owner from other applicable city, coun-
ty, state or federal codes, regulations, laws and other controls relative to the
planning, construction, operation and management of property within the city
of Dubuque.
I. Transfer of Ownership
18
Transfer of ownership or lease of property in the Plaza 20 PUD shall include in the
transfer or lease agreement a provision that the purchaser or lessee acknowledg-
es awareness of the conditions authorizing the establishment of the District PUD.
J. Recording
A copy of this PUD Ordinance shall be recorded, at the expense of the property
owner, with the Dubuque County Recorder as a permanent record of the condi-
tions accepted as part of this reclassification approval. This ordinance shall be
binding upon the undersigned and his/her heirs, successors and assigns.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 3. The foregoing amendment shall take effect upon publication, as provided
by law.
Passed, approved and adopted this 2nd day of May, 2016.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 6th day of May, 2016.
/s/Kevin S. Firnstahl, City Clerk
2. Request to Amend Tower Hills Planned Unit Development District on Rockdale
Road / South Pointe Village: Proof of publication on notice of public hearing to consider
approval of a request by Chris Miller to amend the Tower Hills Planned Unit Develop-
ment (PUD) District on Rockdale Road to allow development of South Pointe Village;
comprised of two Commercial lots and Single and Multi -Family residences and the Zon-
ing Advisory Commission recommending approval with the condition that the secondary
emergency access be required when 100 dwelling units are completed.
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 Lynch. Ap-
plicant Chris Miller spoke in support of the request. Planning Services Laura Carstens
provided a staff report. Ms. Carstens and City Manager Van Milligen responded to ques-
tions from the City Council regarding the number of units as it relates to the secondary
emergency access road, increased traffic, evaluation of future repairs to Rockdale Road
and citizen concerns about the noise ordinance and waivers as they apply to construc-
tion sites. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 14-16
Amending Title 16 of the City of Dubuque Code of Ordinances Unified Development
Code by reclassifying hereinafter described property located at 2475 Rockdale Rd. from
R-1 Single -Family Residential Zoning District to PUD Planned Unit Development with a
PR Planned Residential Designation and amending the Tower Hills Planned Unit De-
velopment to allow the development of the South Pointe Planned Unit Development
comprised of single and multi -family residential dwellings and commercial building lots.
Seconded by Lynch. Motion carried 7-0.
19
OFFICIAL PUBLICATION
ORDINANCE NO. 14-16
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES UNI-
FIED DEVELOPMENT CODE BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 2475 ROCKDALE RD FROM R-1 SINGLE -FAMILY RESI-
DENTIAL ZONING DISTRICT TO PUD PLANNED UNIT DEVELOPMENT WITH A PR
PLANNED RESIDENTIAL DESIGNATION AND AMENDING THE TOWER HILLS
PLANNED UNIT DEVELOPMENT TO ALLOW THE DEVELOPMENT OF THE SOUTH
POINTE PLANNED UNIT DEVELOPMENT COMPRISED OF SINGLE AND MULTI-
FAMILY RESIDENTIAL DWELLINGS AND COMMERCIAL BUILDING LOTS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel-
opment Code, is hereby amended by reclassifying the hereinafter described property
from R-1 Single -Family Residential Zoning District to PUD Planned Unit Development
District with a PR Planned Residential designation and adopting a new conceptual de-
velopment plan, a copy of which is attached to and made a part hereof, for the South
Pointe project as stated below, to wit:
As shown in Exhibit 1, and to the centerline of the adjoining public right-of-way, all
in the City of Dubuque, Iowa.
Section 2. Attached hereto and made a part of this zoning reclassification approval is
the Conceptual Development Plan for the South Pointe Planned Unit Development
marked Exhibit 1. It is recognized that minor shifts or modifications to the general plan
layout may be necessary and compatible with the need to acquire workable street pat-
terns, grades, and usable building sites. The general plan layout, including the relation-
ship of land uses to the general plan framework and the development requirements
shall be used as the implementation guide.
A. Use Regulations
Zone A: General Purpose and Description: Zone A is intended to provide building
lots for single -family detached dwellings and accessory structures as well as park
and open space.
1. Development of property within Zone A of the South Pointe Planned Unit
Development shall be regulated by Section 16-5-2 of the City Code, R-1
Single -Family Residential.
Zone B: General Purpose and Description: Zone B is intended to provide building
lots for multi-Family Residential dwellings including two-unit and three-unit laterally
attached dwellings and accessory structures.
1. Development of property with Zone B of the South Pointe Planned Unit De-
velopment shall be regulated by Section 16-5-5 of the Unified Development
Code, R-3 Moderate Density Multi-Family Residential.
Zone C: General Purpose and Description: Zone C is intended to provide space
for commercial businesses to serve South Pointe and the surrounding community.
1. Development of property within Zone C of the South Pointe Planned Unit
Development shall be regulated by the provisions of Section 16-5-11 of the
Unified Development Code, C-2 Neighborhood Shopping Center District.
B. Bulk Regulations
20
Development of land within Zones A, B and C shall be regulated as follows:
Zone A
Min Lot
Area
(Square Feet)
Min Lot
Footage
(Feet)
Max Lot
Coverage
(% Lot Area)
Set backs
Max
Height
(Feet)
Front
(Feet)
Min
Side
(Feet)
Min
Rear
(Feet)
Min
Max
Permitted Uses
Multiple -family (six du max)
Place of religious exercise or
assembly, School
20,000
100
40
20
4
20
20
75*
Single -Family detached
dwelling
5,000
50
40
20
50
6
20
30
Conditional Uses
50
40
20
50
4
20
30
Townhouse (six du max)
Bed and breakfast home
5,000
50
40
20
50
6
20
30
Licensed adult day services,
licensed child care center
5,000
50
40
20
4
6
20
30
Mortuary, funeral home or
crematorium
20,000
100
40
20
20
20
30
* May be erected to a height not exceeding 75 eet, provided that such buildings shall provide at least one additional
foot of yard space on all sides for each additional foot by which such building exceeds the maximum height limit of
the district in which it is located.
Zone B
Min Lot Area
(square feet)
Min Lot
Frontage
(feet)
Max Lot
Coverage
(% lot area)
Setbacks
Max
Height
(feet)
Front (feet)
Min
Side
(feet)
Min
Rear
(feet)
Min
Max
Permitted Uses
Multiple -family (six du max)
2,000/du
50
40
20
---
4
20
30
Place of religious exercise
or assembly, School
20,000
100
40
20
---
20
20
75 r
Single-family detached
dwelling
5,000
50
40
20
50
4
20
30
Townhouse (six du max)
1,600/du
16/du
40
20
---
4/0
20/0
30
Two-family dwelling
5,000
50
40
20
50
4
20
30
Conditional Uses
Individual zero lot line
dwelling
5,000
50
40
20
50
10/0
20
30
Bed and breakfast home
5,000
50
40
20
50
4
20
30
Group home
5,000
50
40
20
---
4
20
30
Hospice
5,000
50
40
20
---
4
20
30
Housing for the elderly or
disabled
20,000
100
40
20
---
20
20
30
Licensed adult day ser-
vices, Licensed child care
center
5,000
50
40
20
---
4
20
40
Mortuary, funeral home or
crematorium
20,000
100
40
20
---
20
20
30
Nursing or convalescent
home
20,000
100
40
20
---
20
20
30
Off -premise residential gar-
age
20
---
4
6
15
Rooming or boarding house
5,000
50
40
20
---
4
20
30
1 May be erected to a height no exceeding 75 feet, provided that such buildings shall provide at least one additional
foot of yard space on all sides for each additional foot by which such building exceeds the maximum height limit of
the district in which it is located.
21
Zone C
Min Lot Area
(Square
Feet)
Min Lot
Footage
(Feet)
Max Lot
Coverage
(% Lot Area)
Set backs
Max
Height
(Feet)
Front (Feet)
Min
Side
(Feet)
Min
Rear
(Feet)
Min
Max
All Uses
10*
30
* Minimum 20 feet for garages facing a street
** When abutting a residential or office-residen ial district, a 20 foot side setback is required
***When abutting a residential or office -residential district, a 20 foot rear setback is required.
C. Parking and Loading Regulations
1. The number, size and design of parking spaces shall be governed by appli-
cable provisions in Articles 13 and 14 of the City of Dubuque Unified Devel-
opment Code.
2. The number, size and design and location of parking spaces designated for
persons with disabilities shall be according to the local, state or federal re-
quirements in effect at the time of development.
3. The location and number of private driveway intersections with public streets
shall be reviewed and approved by the City Engineer.
D. Sign Regulations
1. Applicability of City of Dubuque Ordinances: The provisions of the City of
Dubuque Unified Development code Article 15 Signs shall apply unless fur-
ther regulated by this section
2. Signage for development zones within the South Pointe Planned Unit De-
velopment shall be regulated as follows:
a. Within Zone A, Sign Regulations for the R-1 Single -Family Residential
District, Section 16-15-11.1 of the Unified Development Code, shall be
followed.
b. Within Zone B. Sign Regulations for the R-3 Moderate Density Multi -
Family Residential District, Section 16-14-11.1 of the Unified Develop-
ment Code, shall be followed.
c. Within Zone C, Sign Regulations for the C-3 Neighborhood Shopping
Center District, Section 16-156-11.6 of the Unified Development Code,
shall be followed.
3. Off -Premise Signs: Off -premise signs shall be prohibited.
4 Variances: Variances from sign requirements for size, number, and height
may be requested. Such variances shall be reviewed by the Zoning Board of
Adjustment in accordance with Article 8-6 of the Unified Development Code.
E. Performance Standards
The development and maintenance of uses in this PUD District shall be estab-
lished in conformance with the following standards
1. No more than 100 dwelling units shall be allowed to be developed until such
time that a second public street access or secondary emergency access is
developed to serve South Pointe.
2. Platting: The conceptual development plan shall serve as the preliminary
plat for this PUD District. Subdivision plats and improvement plans shall be
submitted in accordance with Article 11. Land Subdivision, of the City of
Dubuque Unified Development Code.
22
3. Site Plans: Final site development plans shall be submitted in accordance
with Article 12 Site Plans and Article 13 Site Design Standards prior to con-
struction of each building and vehicle -related feature unless otherwise ex-
empted by Article 12.
4. Storm Water Conveyance: The developer of each lot shall be responsible for
providing surface or subsurface conveyance(s) of storm water from the lot to
existing storm sewers or to flow line of open drainage ways outside the lot in
a means that is satisfactory to the Engineering Department of the City of
Dubuque. Other applicable regulations enforced by the City of Dubuque rel-
ative to storm water management and drainage shall apply to properties in
the PUD District.
5. Other Codes and Regulations: These regulations do not relieve an owner
from other applicable City, County, State or Federal Codes, regulations,
laws and other controls relative to the planning, construction, operation and
management of property in the PUD District.
F. Transfer of Ownership
Transfer of ownership or lease of property in this PUD District shall include in the
transfer or lease agreement a provision that the purchaser or lessee acknowledg-
es awareness of the conditions authorizing the establishment of the district.
G. Modifications
Any modifications of this Ordinance must be approved by the City Council in ac-
cordance with zoning reclassification proceedings of Article 9-5 of the Unified De-
velopment Code.
H. Recording
A copy of this ordinance shall be recorded at the expense of the property owner(s)
with the Dubuque County Recorder a permanent record of the conditions accepted
as part of this reclassification approval within thirty (30) days after the adoption of
this ordinance. This ordinance shall be binding upon the undersigned and his/her
heirs, successors and assigns.
Section 3. The foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 4. This Ordinance shall take effect upon publication as provided by law.
Passed, approved and adopted this 2nd day of May, 2016.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 6th day of May, 2016.
/s/Kevin S. Firnstahl, City Clerk
3. Development Agreement - Friends of St. Mary's/DBA Steeple Square, 1501 Jack-
son Street: Proof of publication on notice of public hearing to consider approval of the
proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the exe-
cution of a Development Agreement relating thereto with Friends of St. Mary's/DBA
Steeple Square and the City Manager recommending approval. Motion by Connors to
receive and file the documents and adopt Resolution No. 176-16 Approving a Develop-
ment Agreement by and between the City of Dubuque, Iowa and Friends of St.
Mary's./DBA Steeple Square providing for the issuance of Urban Renewal Tax Incre-
23
ment Revenue Obligations for the redevelopment of 1501 Jackson Street. Seconded by
Del Toro. Developer John Gronen responded to questions from the City Council regard-
ing who will maintain the facility and how facility maintenance will be paid for during the
life of the development. Motion carried 7-0.
RESOLUTION NO. 176-16
APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF
DUBUQUE, IOWA AND FRIENDS OF ST. MARY'S D/B/A/ STEEPLE SQUARE
PROVIDING FOR THE ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVE-
NUE OBLIGATIONS FOR THE REDEVELOPMENT OF 1501 JACKSON STREET
Whereas, the City Council, by Resolution No. 155-16, dated April 18, 2016, declared
its intent to enter into a Development Agreement with Friends of St. Mary's d/b/a/ Stee-
ple Square for the redevelopment of 1501 Jackson Street in the City of Dubuque, Iowa
(the Property); and
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on May 2, 2016 at 6:30 p.m. in the City Council Chambers at the Historic
Federal building, 350 W. 6th Street, Dubuque, Iowa; and
Whereas, it is the determination of the City Council that approval of the Development
Agreement, for redevelopment of the Property by Friends of St. Mary's d/b/a/ Steeple
Square 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 by and between the City of Dubuque
and Friends of St. Mary's d/b/a/ Steeple Square, a copy of which is attached hereto, is
hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Devel-
opment Agreement on behalf of the City of Dubuque and the City Clerk is authorized
and directed to attest to his signature.
Section 3. That the City Manager is authorized to take such actions as are necessary
to comply with the terms of the Development Agreement as herein approved.
Passed, approved and adopted this 2nd day of May, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Dubuque Industrial Center South - Verena Court Project: Proof of publication on
notice of public hearing to approve the plans, specifications, form of contract and esti-
mated cost for the Dubuque Industrial Center South - Verena Court Project and the City
Manager recommending approval. Motion by Connors to receive and file the documents
and adopt Resolution No. 177-16 Approval of plans, specifications, form of contract, and
estimated cost for the Dubuque Industrial Center South - Verena Court Project. Se-
conded by Lynch. Motion carried 7-0.
24
RESOLUTION NO. 177-16
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT-
ED COST FOR THE DUBUQUE INDUSTRIAL CENTER SOUTH - VERENA COURT
PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the
Dubuque Industrial Center South - Verena Court Project, in the estimated amount
$245,157.00, are hereby approved.
Passed, adopted and approved this 2nd day of May, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Fiscal Year 2016 Second Budget Amendment: Proof of publication on notice of
public hearing to approve the Fiscal Year 2016 Second Budget Amendment and the
City Manager recommending approval. Motion by Connors to receive and file the docu-
ments and adopt Resolution No. 178-16 Amending the current budget for the Fiscal
Year ending June 3, 2016 as amended last on September 22, 2015. Seconded by
Lynch. Motion carried 7-0.
RESOLUTION NO. 178-16
AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30,
2016 (AS AMENDED LAST ON 09/21/2015) Be it Resolved by the Council of the City
of Dubuque Section 1. Following notice published 04/22/16 and the public hearing held,
5/2/2016 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:
25
Total Budget
as certified
or last amended
Current
Amendment
Total Budget
after Current
Amendment
Revenues & Other Financing Sources
24,082,860
0
24,082,860
Taxes Levied on Property
1
Less: Uncollected Property Taxes -Levy Year
2
0
0
C
Net Current Property Taxes
3
24,082,860
0
24,082,860
Delinquent Property Taxes
4
0
0
C
TIF Revenues
5
9,866,823
0
9,866,823
Other City Taxes
6
16,693,150
819,024
17,512,174
Licenses& Permits
7
1,652,955
-237,868
1,415,087
Use of Money and Property
8
13,056,244
267,427
13,323,671
Intergovernmental
9
68,937,307
1,843,025
70,780,332
Charges for Services
10
40,376,418
-309,860
40,066,558
Special Assessments
11
145,667
0
145,667
Miscellaneous
12
10, 299, 370
52,327
10, 351, 697
Other Financing Sources
13
45,851,813
9,869,007
55,720,820
Transfers In
14
28,186,119
1,690,702
29,876,821
Total Revenues and Other Sources
15
259,148,726
13,993,782
273,142,510
Expenditures & Other Financing Uses
28,291.675
605,869
28,897,544
Public Safety
16
Public Works
17
13,503,846
94,345
13,598,191
Health and Social Services
18
1,127,809
20,534
1,148,343
Culture and Recreation
19
11,790,063
137,294
11,927,357
25
Community and Economic Development 20
13,193,908
450,004
13,643,912
General Government 21
7,935,505
117,153
8,052,658
Debt Service 22
9,948,088
4,785,000
14,733,088
Capital Projects 23
95,231,520
2,714,561
97,946,081
Total Government Activities Expenditures 24
181,022,414
8,924,76d
189,947,174
Business Type / Enterprises 25
109,158,414
6,075,227
115,233,641
Total Gov Activities & Business Expenditures
26
290,180,828
14,999,987
305,180,815
Transfers Out 27
28,186,119
1,690,702
29,876,821
Total ExpendituresiTransfers Out 28
318,366,947
16,690,68
335,057,636
Excess Revenues & Other Sources Over
(Under) Expenditures/Transfers Out Fiscal Yea
29
-59,218,221
-2,696,90E
-61,915,126
Beginning Fund Balance July 1 30
102,091,141
0
102,091,141
Ending Fund Balance June 30 31
42872920
-2696905
40176015
6. North Grandview Avenue, Delhi Street and Grace Street Roundabout Project:
Proof of publication on notice of public hearing to consider approval of plans, specifica-
tions, form of contract and estimated cost for the North Grandview Avenue and Delhi
Street Roundabout Intersection Improvement Project and the City Manager recom-
mending approval. Motion by Jones to receive and file the documents and adopt Reso-
lution No. 179-16 Approval of plans, specifications, form of contract, and estimated cost
for the North Grandview Avenue and Delhi Street Intersection Improvement project. Se-
conded by Resnick. Staff made a presentation. Topics included what is a modern
roundabout, reasons for using roundabouts, description of intersection under design,
and simulations. Angela Allred, 1465 Parkway St. thanked staff for the public outreach
and information and addressed the City Council regarding her concerns about pedestri-
an and bicycle safety. Ben Wilkinson of GHD addressed Ms. Allred's concerns about
planned signage and crosswalk setbacks as well as the infeasibility of a crosswalk on
the slope of North Grandview Ave. north of the intersection. Motion carried 7-0.
RESOLUTION NO. 179-16
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT-
ED COST FOR THE NORTH GRANDVIEW AVENUE AND DELHI STREET ROUND-
ABOUT INTERSECTION IMPROVEMENT PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the
North Grandview Avenue and Delhi Street Roundabout Intersection Improvement Pro-
ject, in the estimated amount $839,164.63, are hereby approved.
Passed, adopted and approved this 2nd day of May, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
26
1. Public Input and Start Time for City Council Meetings: City Attorney submitting two
proposed ordinances concerning City Council discussion of the placement of Public In-
put on the Council agenda and adjusting the start time for regular meetings.
Restated motion by Connors to receive and file the documents and consider the first
reading of a proposed ordinance amending City of Dubuque Code of Ordinances Title 1
Administration, Chapter 6 Mayor and City Council, Article A Rules and Procedure, Sec-
tion 1-6A-3 Types of Meeting by establishing the meeting time for regular City Council
meetings of 6:00 PM adding an effective date of June 10, 2016 if adopted. Seconded by
Jones. City Council discussed the impact the time change might have on Council Mem-
ber attendance at work sessions that would have to be scheduled earlier to accommo-
date the time change and conflicts with work schedules. Motion carried 4-3 with Del To-
ro, Rios, and Resnick voting nay.
Restated motion by Connors to receive and file the documents and consider the first
reading of a proposed ordinance amending City of Dubuque Code of Ordinances Title 1
Administration, Chapter 6 Mayor and City Council, Article A Rules and Procedure, Sec-
tions 1-6A-11 Order of Business and Agenda and 1-6A-14 Rights of Public by clarifying
the rules relating to communications to the City Council and the Public Input Agenda
adding an effective date June 10, 2016 if adopted. Seconded by Resnick. Motion car-
ried 7-0.
2. Multicultural Family Center Annual Report for 2015: Multicultural Family Center Di-
rector Farris Muhammad provided a presentation of the 2015 Multicultural Family Cen-
ter Annual Report. Topics included mission statement, vision and primary goal; pub-
lic/private partnerships; board of directors; staff and volunteers; programs that promote
long-term learning; events that showcase dubuque's diversity; celebration of culturally
significant days; programs that teach culturally distinct content; computers and technol-
ogy; welcoming space and support; supporting City Council goals; financials and de-
mographics; recognition of community donors. Motion by Jones to receive and file the
documents. Seconded by Jones. Motion carried 7-0.
3. Bee Branch Creek Restoration Project Update: Civil Engineer Deron Muehring
provided a presentation on the status update of the multi -phase Bee Branch Watershed
Flood Mitigation Project in preparation for the May 9, 2016 walking tour of the project.
Motion by Connors to receive and file the documents. Seconded by Jones. Motion car-
ried 6-0 (Resnick having momentarily stepped out of the room). Topics included a status
update on completion dates of related flood mitigation improvement projects and
grant/city cost share. Focus was given to W. 32" St. Detention Basin; Lower Bee
Branch Creek Basin overlook, floating island, and gate replacement; Upper Bee Branch
Creek Restoration; 22nd Street storm sewer improvements; Kaufmann Avenue storm
sewer improvements; railroad culverts/tunneling; 17th Street storm sewer improvements;
West Locust Street storm sewer improvements; and impervious surface reduction pro-
jects (green alleys).
COUNCIL MEMBER REPORTS
27
Council Member Jones reported on the partnership between NICC, Dubuque Fire
Department and Paramount Ambulance for Emergency Medical Technician (EMT) edu-
cation to help produce an increased pool of diverse applicants.
Mayor Buol reported on the National League of Cities Mayor's Institute of Financial
Inclusion where he presented on Dubuque's Bank On program.
CLOSED SESSION
Motion by Jones at 9:54 p.m. to convene in closed session to discuss pending litiga-
tion and property acquisition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Second-
ed by Connors. Mayor Buol stated for the record that the attorney who will consult with
City Council on the issues to be discussed in closed session is Assistant City Attorney
Maureen Quann. Motion carried 7-0.
Upon motion the City Council reconvened in open session at 10:15 p.m. stating that
staff had been given proper direction.
There being no further business, upon motion the City Council adjourned at 10:16
p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
28