10 17 16 City Council Proceedings Official_RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in reg9ular session at 6:00 p.m. on October 17, 2016 in
the Historic Federal Building, 350 W. 6� Street.
Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Lynch, Resnick,
Rios; City Manager Van Milligen, City Attorney Brumwell
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
PLEDGE OF ALLEGIANCE
INTRODUCTION(S)
International City/County Management Association Fellowship Exchange Program:
Assistant City Manager Cindy Steinhauser introduced ICMA Fellows Mr. Siegfred Fla-
viano of the Philippines, and Mr. Kongkeo Sivilay of Laos. Each Fellow addressed the
City Council and provided a brief biography.
PROCLAMATION(S)
1. Andrew Connolly Make -a -Difference Day (October 22, 2016) was accepted by
Laura Roussel!, Sr. Community Affairs Manager for Black Hills Energy and representa-
tives.
2. Toastmasters Week (October 24-28, 2016) was accepted by Keith Nielsen of
Toastmasters International and representatives.
3. Community Planning Month (October 2016) was accepted by Planning Services
Manager Laura Carstens.
4. MS Run the US #orangearmy Day (November 1, 2016) was accepted by Curt Eh-
linger of MS Run the US.
5. Adoption Month (November 2016) was accepted by Christa Hefei, MPH, Post
Adoption Support Specialist, Four Oaks/Iowa Kidsnet.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Connors. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council Proceedings of 10/3, 10/10; Com-
munity Development Advisory Commission of 9/28; Five Flags Civic Center Commis-
sion of 9/26; Historic Preservation Commission of 9/12; Library Board of Trustees
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Council Update #153 of 9/22; Zoning Advisory Commission of 10/5; Zoning Board of
Adjustment of 9/22; Proof of Publication of City Council Proceedings of 9/19. Upon mo-
tion the documents were received and filed.
2. Iowa League of Cities' Conservation Innovation Grant: City Manager transmitting
correspondence to the USDA Natural Resources Conservation Service in support of the
Iowa League of Cities' Conservation Innovation Grant and providing information on
matching funds from the City of Dubuque. Upon motion the documents were received
and filed.
3. Delinquent Bush, Brush and Vegetation Collection Accounts: City Manager rec-
ommending approval of the Final Assessment Schedule for bushes / brush / and vege-
tation enforcement against the owner of private property at 1395 Walnut Street. Upon
motion the documents were received and filed and Resolution No. 347-16 Adopting the
Schedule of Assessments for 1395 Walnut Street and directing the City Clerk to certify
the Schedule of Assessments to the County Treasurer and to publish notice thereof was
adopted.
RESOLUTION NO. 347-16
ADOPTING THE SCHEDULE OF ASSESSMENTS FOR 1395 WALNUT STREET
AND DIRECTING THE CITY CLERK TO CERTIFY THE SCHEDULE OF ASSESS-
MENTS TO THE COUNTY TREASURER AND TO PUBLISH NOTICE THEREOF
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That after full consideration of the Schedule of Assessments attached hereto for
bushes / brush / vegetation removal tax assessments which Schedule of Assessments
was filed in the office of the City Clerk on the 29th day of September, 2016, the said
Schedule of Assessments be and the same is hereby approved and adopted.
That there be, and is hereby assessed and levied as a lien upon the real property,
the respective sum indicated.
That the City Clerk be and is hereby directed to certify said schedule to the County
Treasurer of Dubuque County, Iowa and to publish notice of said certification once each
week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first
publication of which shall not be more than fifteen days from the date of filing of the final
schedule. On or before the date of the second publication of the notice, the City Clerk
shall also mail a copy of said notice to property owners whose property is subject to as-
sessment, as provided and directed in Iowa Code § 384.60.
The assessment may be paid in full or in part without interest at the Utility Billing Of-
fice, City Hall, 50 W. 13th Street, Dubuque, Iowa at any time within 30 days after the
date of the first publication of the notice of the filing of the Schedule of Assessments
with the County Treasurer. After 30 days, unpaid assessments are payable at the Coun-
ty Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Io-
wa and charges shall be collected in the same manner as general property taxes
against the respective parcels of the property set opposite the name of the property
owner.
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Passed, adopted and approved this 17th day of October, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
SCHEDULE OF ASSESSMENTS FOR BUSHES / BRUSH / VEGETATION EN-
FORCEMENT PROGRAM
Owner; Property Address; Parcel; Legal Description; Contractor; Date Cut/Cleaned
up by Contractor; Expense; Administrative Fee
Dubuque Property Management, LLC; 8505 Southern Hills Ct.; Dubuque, IA 52003;
1395 Walnut Street; 1024354005; E 75' of Lot 3 of City Lot 740; Block Lawn Service; 8-
29-16; $350.00; $25.00
4. Bee Branch Watershed Flood Mitigation Project US EPA Brownfields Cleanup Co-
operative Grant Agreement: City Manager recommending approval of the Cooperative
Agreement with the U.S. Environmental Protection Agency in order to secure Brown -
fields Cleanup grant funds for the Blum Brownfields Site at 501 E. 15th Street. Upon mo-
tion the documents were received and filed and Resolution No. 348-16 Approving the
Brownfields Cleanup Grant Agreement between the U.S. Environmental Protection
Agency and the City of Dubuque, Iowa for the cleanup of the former Blum Scrap Yard
and Recycling facility at 501 E. 15th Street for the Bee Branch Watershed Flood Mitiga-
tion Project was adopted.
RESOLUTION NO. 348-16
APPROVING THE BROWNFIELDS CLEANUP COOPERATIVE GRANT AGREE-
MENT BETWEEN THE U. S. ENVIRONMENTAL PROTECTION AGENCY AND THE
CITY OF DUBUQUE, IOWA FOR THE CLEANUP OF THE FORMER BLUM SCRAP
YARD AND RECYLCING FACILITY AT 501 E. 15TH STREET FOR THE BEE
BRANCH WATERSHED FLOOD MITIGATION PROJECT
Whereas, the City purchased the Blum Brownfields site, a former scrap yard and re-
cycling facility located at 501 E. 15th Street as part of the Bee Branch Watershed Flood
Mitigation Project; and
Whereas, Phase I and Phase II Environmental Assessments of the Blum Brownfields
site identified lead, arsenic, PAHs, and other contaminants in the soil and determined
that the removal of the contaminants, estimated to cost $277,000, is required to fully uti-
lize the site for its intended purpose; and
Whereas, cleaning up and reinvesting in brownfields, properties that may have haz-
ardous substances, pollutants or contaminants present, protects human health and the
environment, reduces blight, and takes development pressures off greenspaces and
working lands; and
Whereas, the U. S. Environmental Protection Agency provides grants and technical
assistance to communities, states, tribes and others to assess, safely clean up and sus-
tainably reuse brownfields properties; and
Whereas, the City of Dubuque submitted an application to the U. S. Environmental
Protection Agency requesting $200,000 in Brownfields Cleanup Grant Program assis-
tance to help finance the cleanup of the Blum Brownfields site; and
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Whereas, on September 20, 2016, the U. S. Environmental Protection Agency
awarded $200,000 to assist the City with the cleanup of the Blum Brownfields site; and
Whereas, the City Council has determined that execution of the Cooperative Agree-
ment is in the best interests of the City of Dubuque.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Cooperative Agreement with the U. S. Environmental Protection
Agency is hereby approved.
Section 2. The City Manager is hereby authorized to execute any documents as are
necessary to bind the City and to deliver the Cooperative Agreement and any other
such documents as the U. S. Environmental Protection Agency may reasonably request
and as necessary for the City's receipt of Brownfields Cleanup grant funding for the
Blum Brownfields site at 501 E. 15th Street.
Passed, approved and adopted this 17th day of October, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. SW Arterial / Military Road Supplemental Agreement No. 1: City Manager recom-
mending the City Council authorize the City Manager to execute a supplemental
agreement between the City, the Iowa Department of Transportation, and IIW, P.C., to
provide construction engineering services for the Southwest Arterial — Military Road Re-
construction Project. Upon motion the documents were received and filed and Resolu-
tion No. 349-16 Approving the Construction Engineering Services Supplemental
Agreement No. 1 between the City of Dubuque, the Iowa Department of Transportation,
and IIW, P.C. for the Military Road Reconstruction Project was adopted.
RESOLUTION NO. 349-16
APPROVING THE CONSTRUCTION ENGINEERING SERVICES - SUPPLEMENTAL
AGREEMENT NO. 1 BETWEEN THE CITY OF DUBUQUE, THE IOWA DEPART-
MENT OF TRANSPORTATION, AND IIW, P.C. FOR THE MILITARY ROAD RECON-
STRUCTION PROJECT
Whereas, the City of Dubuque is proceeding with the Southwest Arterial Project, from
U.S. Highway 20 to U.S. Highway 61/151, in Dubuque, Iowa; and
Whereas, the Supplemental Agreement authorizes IIW, P.C. to provide all phases of
Construction Engineering (CE) Services for the Southwest Arterial - Military Road Re-
construction Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That said Supplemental Agreement No. 1 between City of Dubuque, the
Iowa Department of Transportation, and with IIW, P.C. to provide construction engineer-
ing services for the Southwest Arterial - Military Road Reconstruction Project is hereby
approved.
Section 2. That the City Manager is hereby authorized and directed to execute two
copies of said Supplemental Agreement No. 1 between City of Dubuque, the Iowa De-
partment of Transportation, and with IIW, P.C. to provide construction engineering ser-
vices for the Southwest Arterial - Military Road Reconstruction Project.
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Passed, approved and adopted this 17th day of October, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. Grand River Center Air Wall Re -Upholstery Project Acceptance: City Manager rec-
ommending acceptance of the Grand River Center Air Wall Re -Upholstery Project as
completed by Folding Partition Services and authorizing final payment. Upon motion the
documents were received and filed and Resolution No. 350-16 Accepting the Grand
River Center Air Wall Re -Upholstery Project and authorizing the payment of the contact
amount to the contractor was adopted.
RESOLUTION NO. 350-16
ACCEPTING THE GRAND RIVER CENTER AIR WALL RE -UPHOLSTERY PROJECT
AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CON-
TRACTOR
Whereas, the Public Improvement Contract for the Grand River Center Air Wall Re -
Upholstery Project (the Project) has been completed by the Contractor, Folding Partition
Services (Contractor), the Leisure Services Manager has examined the work and rec-
ommends that the Project be accepted; and
Whereas, the final contract amount for the Project is $74,954 (Ballroom $40,781;
Meeting Room $34,173); and
Whereas, the Contractor has previously been paid $71,206.30, leaving a balance of
$3,747.70 (Ballroom $2,039.05; Meeting Room $1,708.65); and
Whereas, the City Council finds that the recommendation of the Leisure Services
Manager should be accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the Leisure Services Manager is approved and
the Project is hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor the bal-
ance of the retainage of $3,747.70 as provided in Iowa Code chapter 573, and to pay
such retainage only in accordance with the provisions of Iowa Code chapter 573 or Iowa
Code chapter 26.13.
Passed, approved and adopted this 17th day of October, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CERTIFICATE OF FINAL COMPLETION OF THE GRAND RIVER CENTER AIR
WALL RE -UPHOLSTERY PROJECT
The undersigned Leisure Services Manager of the City of Dubuque, Iowa hereby cer-
tifies that she has inspected the Grand River Center Air Wall Re -Upholstery Project, and
that said Project has been performed in compliance with the terms of Public Improve-
ment Contract, and that the total cost of the completed work is $74,954.
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Dated this 13th day of October, 2016.
/s/Marie L. Ware, Leisure Services Manager
Filed in the office of the City Clerk on the 13th day of October, 2016.
/s/Kevin S. Firnstahl, City Clerk
7. Grand River Center Concourse & River Room Carpet Replacement Project Ac-
ceptance: City Manager recommending acceptance of the Grand River Center Con-
course and River Room Carpet Replacement Project as completed by Commercial
Flooring and authorizing final payment. Upon motion the documents were received and
filed and Resolution No. 351-16 Accepting the Grand River Center Concourse and River
Room Carpet Replacement Project and authorizing the payment of the contract amount
to the contractor was adopted.
RESOLUTION NO. 351-16
ACCEPTING THE GRAND RIVER CENTER CONCOURSE AND RIVER ROOM CAR-
PET REPLACEMENT PROJECT AND AUTHORIZING THE PAYMENT OF THE
CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the Grand River Center Concourse
and River Room Carpet Replacement Project (the Project) has been completed by the
Contractor, Commercial Flooring (Contractor), the Leisure Services Manager has exam-
ined the work and recommends that the Project be accepted; and
Whereas, the final contract amount for the Project is $107,980; and
Whereas, the Contractor has previously been paid $102,581, leaving a balance of
$5,399; and
Whereas, the City Council finds that the recommendation of the Leisure Services
Manager should be accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the Leisure Services Manager is approved and
the Project is hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor the bal-
ance of the retainage of $5,399.00 as provided in Iowa Code chapter 573, and to pay
such retainage only in accordance with the provisions of Iowa Code chapter 573 or Iowa
Code chapter 26.13.
Passed, approved and adopted this 17th day of October, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CERTIFICATE OF FINAL COMPLETION OF THE GRAND RIVER CENTER CON-
COURSE AND RIVER ROOM CARPET REPLACEMENT PROJECT
The undersigned Leisure Services Manager of the City of Dubuque, Iowa hereby cer-
tifies that she has inspected the Grand River Center Concourse and River Room Carpet
Replacement Project, and that said Project has been performed in compliance with the
terms of Public Improvement Contract, and that the total cost of the completed work is
$107,980.
Dated this 13th day of October, 2016.
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/s/Marie L. Ware, Leisure Services Manager
Filed in the office of the City Clerk on the 13th day of October, 2016.
/s/Kevin S. Firnstahl, City Clerk
8. Grand River Center Ballroom Carpet Replacement Project Acceptance: City Man-
ager is recommending acceptance of the Grand River Center Ballroom Carpet Re-
placement Project as completed by Commercial Flooring and authorizing final payment.
Upon motion the documents were received and filed and Resolution No. 352-16 Accept-
ing the Grand River Center Ballroom Carpet Replacement Project and authorizing the
payment of the contract amount to the contractor was adopted.
RESOLUTION 352-16
ACCEPTING THE GRAND RIVER CENTER BALLROOM CARPET REPLACEMENT
PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO
THE CONTRACTOR
Whereas, the Public Improvement Contract for the Grand River Center Ballroom
Carpet Replacement Project (the Project) has been completed by the Contractor,
Commercial Flooring (Contractor), the Leisure Services Manager has examined the
work and recommends that the Project be accepted; and
Whereas, the final contract amount for the Project is $86,750; and
Whereas, the Contractor has previously been paid $82,412.50, leaving a balance of
$4,337.50; and
Whereas, the City Council finds that the recommendation of the Leisure Services
Manager should be accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the Leisure Services Manager is approved and
the Project is hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor the bal-
ance of the retainage of $4,337.50 as provided in Iowa Code chapter 573, and to pay
such retainage only in accordance with the provisions of Iowa Code chapter 573 or Iowa
Code chapter 26.13.
Passed, approved and adopted this 17th day of October, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CERTIFICATE OF FINAL COMPLETION OF THE GRAND RIVER CENTER BALL-
ROOM CARPET REPLACEMENT PROJECT
The undersigned Leisure Services Manager of the City of Dubuque, Iowa hereby cer-
tifies that she has inspected the Grand River Center Ballroom Carpet Replacement Pro-
ject, and that said Project has been performed in compliance with the terms of Public
Improvement Contract, and that the total cost of the completed work is $86,750.
Dated this 13th day of October, 2016.
/s/Marie L. Ware, Leisure Services Manager
Filed in the office of the City Clerk on the 13th day October, 2016.
/s/Kevin S. Firnstahl, City Clerk
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9. Dubuque Regional Airport Utilities Extension Project Acceptance: City Manager
recommending acceptance of the construction contract for the Utility Extension to the
Dubuque Regional Airport, as completed by Miller Trucking and Excavating and author-
izing final payment. Upon motion the documents were received and filed and Resolution
No. 353-16 Accepting the Utility Extension to the Dubuque Regional Airport Project and
authorizing the payment of the contract amount to the contractor was adopted.
RESOLUTION NO. 353-16
ACCEPTING THE UTILITY EXTENSION TO THE DUBUQUE REGIONAL AIRPORT
PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO
THE CONTRACTOR
Whereas, the Public Improvement Contract for the Utility Extension to the Dubuque
Regional Airport project (the Project) has been completed and the City Engineer has
examined the work and filed a certificate stating that the Project has been completed
according to the terms of the Public Improvement Contract and that the City Engineer
recommends that the Project be accepted; and
Whereas, the final contract amount for the Project is $9,810,500.97; and
Whereas, the Contractor has previously been paid $9,662,666.00, leaving a balance
of $147,834.97; and
Whereas, the City Council finds that the recommendation of the City Engineer should
be accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the
Utility Extension to the Dubuque Regional Airport project fund for the contract amount of
$147,834.97 less any retained percentage provided for therein as provided in Iowa
Code chapter 573, and to pay such retainage only in accordance with the provisions of
Iowa Code chapter 573.
Passed, approved and adopted this 17th day of October, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE UTILITY EX-
TENSION TO THE DUBUQUE REGIONAL AIRPORT PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa hereby certifies that he
has inspected the Utility Extension to the Dubuque Regional Airport Project, that the
Project has been performed in compliance with the terms of the Public Improvement
Contract, and that the total cost of the completed work is $10,805,877.20.
Dated this 13th day of October, 2016.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 13th day of October, 2016.
/s/Kevin S. Firnstahl, City Clerk
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10. Heeb Street Retaining Wall Reconstruction Project Acceptance: City Manager
recommending acceptance of the public improvement construction contract for the
Heeb Street Retaining Wall Reconstruction Project, as completed by McDermott Exca-
vating and authorizing final payment. Upon motion the documents were received and
filed and Resolution No. 354-16 Accepting the Heeb Street Retaining Wall Reconstruc-
tion Project and authorizing the payment to the contractor was adopted.
RESOLUTION NO. 354-16
ACCEPTING THE HEEB STREET RETAINING WALL RECONSTRUCTION PRO-
JECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the Heeb Street Retaining Wall Re-
construction (the Project) has been completed by the Contractor, McDermott Excavating
(Contractor), the City Engineer has examined the work and recommends that the Pro-
ject be accepted; and
Whereas, the final contract amount for the Project is $160,442.34; and
Whereas, the Contractor has previously been paid $152,420.22, leaving a balance of
$8,022.12; and
Whereas, the City Council finds that the recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor the bal-
ance of the retainage of $8,022.12 as provided in Iowa Code chapter 573, and to pay
such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa
Code chapter 26.13.
Passed, approved and adopted this 17th day of October, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE HEEB STREET
RETAINING WALL RECONSTRUCTION PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa hereby certifies that he
has inspected the Heeb Street Retaining Wall Reconstruction Project, and that said Pro-
ject has been performed in compliance with the terms of the Public Improvement Con-
tract, and that the total cost of the completed work is $184,508.69.
Dated this 13th day of October, 2016.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 13th day of October, 2016.
/s/Kevin S. Firnstahl, City Clerk
11. 2016 Asphalt Overlay Access Ramp Project One Acceptance: City Manager rec-
ommending acceptance of the construction contract for the 2016 Asphalt Overlay Ac-
cess Ramp Project One as completed by Arensdorf Construction and authorizing final
payment. Upon motion the documents were received and filed and Resolution No. 355-
9
16 Accepting the 2016 Asphalt Overlay Project Curb Access Ramps Project One and
authorizing the payment of the contract amount to the contractor was adopted.
RESOLUTION NO. 355-16
ACCEPTING THE 2016 ASPHALT OVERLAY PROJECT CURB ACCESS RAMPS
PROJECT ONE AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT
TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the 2016 Asphalt Overlay Project
Curb Access Ramps Project One (the Project) has been completed and the City Engi-
neer has examined the work and filed a certificate stating that the Project has been
completed according to the terms of the Public Improvement Contract and that the City
Engineer recommends that the Project be accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the
Curb Ramp Program appropriations for the contract amount of $113,189.00, less any
retained percentage provided for therein as provided in Iowa Code chapter 573, and to
pay such retainage only in accordance with the provisions of Iowa Code chapter 573.
Passed, approved and adopted this 17th day of October 2016.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE 2016 ASPHALT
OVERLAY PROJECT CURB ACCESS RAMPS PROJECT ONE
The undersigned City Engineer of the City of Dubuque, Iowa hereby certifies that he
has inspected the 2016 Asphalt Overlay Project Curb Access Ramps Project One, that
the Project has been performed in compliance with the terms of the Public Improvement
Contract, and that the total cost of the completed work is $121,926.04.
Dated this 13th day of October 2016.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 13th day of October, 2016.
/s/Kevin S. Firnstahl, City Clerk
12. Public Works Equipment Operator I Position: City Manager recommending ap-
proval for the position of Maintenanceworker to be replaced with an Equipment Opera-
tor I position in the Public Works Department. Upon motion the documents were re-
ceived, filed and approved.
13. Parking Ramp Gate Equipment Procurement: City Manager recommending ap-
proval of the selection of Parking Inc. Systems to replace the gate control equipment for
the Iowa Parking Ramp and the Five Flags Parking Ramp. Upon motion the documents
were received, filed and approved.
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14. Cody Drive Right -of -Way Acquisition Plat: City Manager recommending approval
of the Acquisition Plat for property on the east end of Cody Drive and acceptance of the
dedication of said lot for right-of-way purposes related to expansion of Valentine Park.
Upon motion the documents were received and filed and Resolution No. 356-16 Ap-
proving the Acquisition Plat of Lot 5A of Block 7 except the westerly 75' thereof, of Pio-
neer Hills, in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 356-16
APPROVING THE ACQUISITION PLAT OF LOT 5A OF BLOCK 7, EXCEPT THE
WESTERLY 75' THEREOF, OF PIONEER HILLS, IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa
an Acquisition Plat dated October 6, 2016 prepared by the City of Dubuque Engineering
Department describing Lot 5A of Block 7, Excepting the Westerly 75' Thereof, of Pio-
neer Hills, in the City of Dubuque, Iowa; and
Whereas, said plat conforms to the laws and statutes pertaining thereto; and
Whereas, upon said plat appears Lot 5A, which Dorothy S. Roepsch and George E.
Roepsch, by said plat have dedicated to the public forever.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated October 6, 2016 prepared by the City of Dubuque En-
gineering Department, relative to the real estate hereinabove described be and the
same is hereby approved, and the Mayor and City Clerk be and they are hereby author-
ized and directed to execute said plat and on behalf of the City of Dubuque, Iowa.
Section 2. That the dedication of Lot 5A of Block 7, Except for the Westerly 75'
Thereof, of Pioneer Hills, in the City of Dubuque, for right-of-way purposes, as it ap-
pears on said Acquisition Plat, be and the same are hereby accepted.
Section 3. That the City Clerk be and is hereby authorized and directed to file said
plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque
County, Iowa.
Passed, approved and adopted this 17th day of October, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
15. Dubuque Community School District - School Resource Officer (SRO) Agree-
ment: City Manager recommending approval of the Fiscal Year 2016-2017 School Re-
source Officer Agreement between the City of Dubuque Police Department and the
Dubuque Community School District. Upon motion the documents were received, filed
and approved.
16. Dubuque Community School District 2016-2017 DARE Agreement: City Manager
recommending approval of the Fiscal Year 2016-2017 DARE Agreement between the
City of Dubuque Police Department and the Dubuque Community School District. Upon
motion the documents were received, filed and approved.
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17. Holy Family School District 2016-2017 DARE Agreement: City Manager recom-
mending approval of the Fiscal Year 2016-2017 DARE Agreement between the City of
Dubuque Police Department and the Holy Family School District. Upon motion the doc-
uments were received, filed and approved.
18. Pre -Annexation Agreement - Jon D. Luckstead: City Manager recommending ap-
proval of a Pre -Annexation Agreement with Jon D. Luckstead for property in Tamarack
South Subdivision. Upon motion the documents were received and filed and Resolution
No. 357-16 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa
and Jon D. Luckstead was adopted.
RESOLUTION NO. 357-16
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND JON D. LUCKSTEAD
Whereas, Jon D. Luckstead , the owner of the following described property in Dubu-
que County, Iowa (the Property) have submitted to the City Council of the City of Dubu-
que an application for voluntary annexation of the Property to the City of Dubuque:
PIN: 1514300001, Legal: NW SW of Section 14, T88N R2E
PIN 1514300002, Legal: NE SW of Section 14, T88N, R2E
PIN 1514426001, Legal: Lot 1 of 2 of the SE 1/4 of Section 14, T88N, R2E of the 5th
P.M. according to the U.S. Government Survey and the recorded plats thereof,
subject to highway
PIN 1 51 4451 006, Legal: Lot 3, Tamarack SE 4th Sub, Section 14, Table Mound
Township (T88N R2E), Dubuque County, IA
PIN 1 51 4451 005, Legal: Lot 2 of Tamarack SE Fourth Subdivision, Section 14,
Table Mound Township, in Dubuque County, Iowa according to the recorded
Plat thereof
PIN 1514376002, Legal: Lot 4 of Tamarack SE Third Sub
PIN 1514453001, Legal Lot 2 Tamarack SE Third Subdivision, located in the
South % of Section 14, T -88-N, R -2-E
PIN 1514300005, Legal: Lot 2 SE SW of Section 14 T88N R2E
PIN 1 51 4451 007, Legal: Lot 4 of Tamarack SE Fourth Sub
PIN 1514376001, Legal: Lot 5 Tamarack SE Third Sub
PIN 1514452001, Legal: Lot 3 of Tamarack SE Third Sub
PIN 1 51 4401 004, Legal: Lot C Tamarack SE Fourth Sub
Whereas, Jon D. Luckstead has entered into a Pre -annexation Agreement with the
City of Dubuque a copy of which is attached hereto governing the future annexation of
the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property
in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan
of the City of Dubuque, necessary for the future orderly growth and development of the
12
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 Jon D. Luckstead and the
City of Dubuque is hereby approved.
Passed, approved and adopted this 17th day of October, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
19. Fire Station Alerting System: City Manager recommending the selection of
Racom/U.S. Digital Designs for replacement of the Fire Station Alerting System. Upon
motion the documents were received, filed and approved.
20. Craig Pfohl Settlement Agreement: City Attorney recommending approval of a
Settlement Agreement in the case of Craig Pfohl v. Officer Wilkens Dieujuste and City of
Dubuque. Upon motion the documents were received, filed and approved.
21. 28E Agreement - Key West Fire Department: City Manager recommending ap-
proval of a 28E Agreement with the Key West Fire Department to allow them to use City
of Dubuque -owned hydrants that are located in the Key West Fire Department Fire Dis-
trict. Upon motion the documents were received, filed and approved.
22. Anderson Corporate Foundation Grant Application for Bus Stop Accessibility in
Dubuque's North End and Point Neighborhoods: City Manager recommending approval
for Jule Transit to submit an application to the Andersen Corporate Foundation to in-
crease lighting, seating and accessibility, while achieving compliance with the Ameri-
cans with Disabilities Act, for bus stops in the North End and Point neighborhoods. Up-
on motion the documents were received, filed and approved.
23. Improvement Contracts / Performance, Payment and Maintenance Bonds: Tom
Kueter Construction Co., Inc. for the Dubuque Airport Parking Lot Repair Project 2016.
Upon motion the documents were received, filed and approved.
24. 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. 358-16 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.
13
RESOLUTION NO. 358-16
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:
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:
Big 10 Mart Car Wash
Happy Joe's
1875 JF Kennedy Rd.
Class C Beer, Class B Native
Wine (Sunday)
855 Century Dr. Class B Beer (Sunday)
Jumpers Sports Bar & Grill
Kwik Stop
Kwik Stop #848
Kwik Stop #858
2600 Dodge St.
1200 Cedar Cross Rd
3201 Central Ave.
Rainbow Lounge
Class C Liquor (Outdoor) (Sun-
day)
Class E Liquor, Class B Wine,
Class C Beer (Sunday)
Class E Liquor, Class B Wine,
Class C Beer (Sunday)
3340 JF Kennedy Rd. Class E Liquor, Class B Wine,
Class C Beer (Sunday)
36 W. 4Th St. Class C Liquor (Sunday)
The Bait Shack 2095 Kerper Blvd. Class B Beer (Sunday)
Passed, approved and adopted this 17Th day of October 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. English Ridge Housing Urban Renewal Area Amendment: City Manager recom-
mending approval of a Resolution of Necessity that finds that an Amended and Restat-
ed Urban Renewal Plan for the English Ridge Housing Urban Renewal Area is both
necessary and appropriate, and sets a public hearing on the proposed amendment for
November 21, 2016. Upon motion the documents were received and filed and Resolu-
tion No. 359-16 Resolution of Necessity finding that certain property in and near the
14
English Ridge Urban Renewal Area is an Economic Development Area and that the de-
velopment of said Area is necessary in the interest of the residents of the City of Dubu-
que, Iowa and setting a date for hearing on a proposed Amended and Restated Urban
Renewal Plan for said Area was adopted setting a public hearing for a meeting to com-
mence at 6:00 p.m. on November 21, 2016.
RESOLUTION NO. 359-16
RESOLUTION OF NECESSITY FINDING THAT CERTAIN PROPERTY IN AND NEAR
THE ENGLISH RIDGE URBAN RENEWAL AREAIS AN ECONOMIC DEVELOPMENT
AREA AND THAT THE DEVELOPMENT OF SAID AREA IS NECESSARY IN THE
INTEREST OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA AND SETTING
A DATE FOR HEARING ON A PROPOSED AMENDED AND RESTATED URBAN
RENEWAL PLAN FOR SAID AREA
Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 380-
15, adopted November 2, 2015 as amended by Resolution 396-15, adopted November
16, 2015, approved the Urban Renewal Plan (the "Urban Renewal Plan") for the English
Ridge Housing Urban Renewal Area (the "Area") in order to stimulate, through public
involvement and commitment, private investment in new housing and residential devel-
opment as defined by Iowa Code 403.17(12), as described in the Urban Renewal Plan;
and
Whereas, City staff has recommended that the Urban Renewal Plan be amended to
add additional adjacent areas and current project details, including the acquisition and
construction of expanded water infrastructure to better serve the area; and
Whereas, the City Council has determined that the area described in Attachments A
and B to this Resolution meets the definitions of an economic development area as de-
fined in Chapter 403 "Urban Renewal" of the Iowa Code, and staff has advised that all
required consents from Dubuque County and the owners of any agricultural land have
been obtained; and
Whereas, a significant need for housing units exists in the community and local re-
sources are needed to advance the development; and
Whereas, Iowa Code Chapter 403 requires that before urban renewal authority may
be exercised, a City Council must adopt a resolution of necessity finding that the area in
question is a slum, blighted or economic development area, and that so designating
such area is necessary in the interest of the public health, safety or welfare of the resi-
dents of the municipality.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the area generally described in Attachment A to this Resolution is an
economic development area as defined by Chapter 403 of the Iowa Code and is appro-
priate for an urban renewal project and public improvements related to housing and res-
idential development.
Section 2. That the further development of the amended English Ridge Housing Ur-
ban Renewal Area is necessary and appropriate to facilitate the proper growth and de-
velopment of the community in accordance with sound planning and local community
objectives.
15
Section 3. That the development of this area will provide new opportunities for quality
housing and job creation in the community.
Section 4. That the City Manager is authorized and directed to prepare an Amended
and Restated Urban Renewal Plan for the English Ridge Housing Urban Renewal Area,
to forward said Plan to the City's Long Range Planning Commission for review and
comment and to begin the consultation process required by law with affected taxing en-
tities.
Section 5. That the City Clerk is directed to publish notice of a public hearing on the
adoption of an Amended and Restated Urban Renewal Plan for the English Ridge
Housing Urban Renewal Area to be held on the 21st day of November, 2016, at 6:00
p.m. in the Historic Federal Building in Dubuque, Iowa 350 W. 6th Street, Dubuque, Iowa
and that said notice shall generally identify the area covered by the Plan and the gen-
eral scope of the Urban Renewal Plan activities planned for such area.
Section 6. That the City Clerk is further directed to send by ordinary mail a copy of
said Plan and notice of public hearing to the Dubuque Community School District, and
the County Board of Supervisors, as the affected taxing entities.
Passed, approved and adopted this 17th day of October, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Greater Downtown Urban Renewal District Amendment: City Manager recom-
mending approval of a Resolution of Necessity that finds that an amendment of the
Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal
District is both necessary and appropriate, and sets a public hearing on the proposed
amendment for November 21, 2016. Upon motion the documents were received and
filed and Resolution No. 360-16 Resolution of Necessity finding that certain areas to be
included within the Greater Downtown Urban Renewal District meet the definition of a
Blighted Area or an Economic Development Area under the Urban Renewal Law, and
that development of said Areas is necessary in the interest of the residents of the City of
Dubuque, Iowa and setting dates of hearing and consultation on a proposed Amend-
ment to the Amended and Restated Urban Renewal Plan for said District was adopted
setting a public hearing for a meeting to commence at 6:00 p.m. on November 21, 2016.
RESOLUTION NO. 360-16
RESOLUTION OF NECESSITY FINDING THAT CERTAIN AREAS TO BE INCLUDED
WITHIN THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT MEET THE
DEFINITION OF A BLIGHTED AREA OR AN ECONOMIC DEVELOPMENT AREA
UNDER THE URBAN RENEWAL LAW, AND THAT DEVELOPMENT OF SAID ARE-
AS IS NECESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY OF
DUBUQUE, IOWA AND SETTING DATES OF HEARING AND CONSULTATION ON
A PROPOSED AMENDMENT TO THE AMENDED AND RESTATED URBAN RE-
NEWAL PLAN FOR SAID DISTRICT
Whereas, the City Council of the City of Dubuque has heretofore approved the
Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal
District (the "District") in order to provide redevelopment opportunities which will further
the purposes and objectives of the foregoing Urban Renewal Plan; and
16
Whereas, City staff has recommended that the District be amended to add adjacent
areas which meet the definition of a blighted area or an economic development area, as
found in Chapter 403 of the Iowa Code, and that the Amended and Restated Urban Re-
newal Plan for the District be amended to include such areas and to update urban re-
newal project descriptions and make any other necessary revisions; and
Whereas, Chapter 403 of the Iowa Code requires that before urban renewal authority
may be exercised, a City Council must adopt a resolution of necessity finding that the
area in question is a slum, blighted or economic development area, and that so desig-
nating such area is necessary in the interest of the public health, safety or welfare of the
residents of the municipality.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the proposed North End Subarea (which includes the former Dubu-
que Brewing & Malting Urban Renewal District) and West Locust Corridor Sub -area,
each as generally described in Exhibit "A" and Exhibit "B" to this Resolution and to be
included in the Amended and Restated Urban Renewal Plan for the Greater Downtown
Urban Renewal District, are blighted areas as defined by Chapter 403 of the Iowa Code
and are appropriate for an urban renewal project.
Section 2. That the proposed University Avenue Corridor Subarea generally de-
scribed in Exhibit "A" and Exhibit "B" to this Resolution and to be included in the
Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal
District, is an economic development area as defined by Chapter 403 of the Iowa Code
and are appropriate for an urban renewal project.
Section 3. That the development of the above-described Sub -areas is necessary and
appropriate to facilitate the proper growth and development of the community in accord-
ance with sound planning and local community objectives.
Section 4. That the City Manager is authorized and directed to prepare an Amended
and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District to
accomplish the foregoing purposes and objectives, to include in such Plan any appro-
priate project activities and details, to determine an appropriate date for and conduct the
consultation process required by law with affected taxing entities concerning the pro-
posed amendment, and submit the Amended and Restated Urban Renewal Plan to the
Planning Commission for review and recommendation as to its conformity with the gen-
eral plan for the development of the community as a whole.
Section 5. That the City Council hold a public hearing on the adoption of the pro-
posed Amended and Restated Urban Renewal Plan for the Greater Downtown Urban
Renewal District on November 21, 2016 at 6:00 p.m. in the Historic Federal Building,
350 West 6th Street, Dubuque, Iowa 52001. The notice of said hearing shall generally
identify the areas covered by the Amended and Restated Urban Renewal Plan and the
general scope of the urban renewal activities planned for such areas, and said notice
shall be published and available to the public not less than four days nor more than
twenty days before the date of said meeting. A copy of the notice of public hearing shall
be sent by ordinary mail to the affected taxing entities.
Section 6. That the City Clerk is further directed to send by ordinary mail a copy of
said Amended and Restated Urban Renewal Plan, the notice of public hearing, and, to
the extent the amendment includes the use of tax increment revenues for a public build -
17
ing, an analysis of alternative development and funding options for such public build-
ings, to the Dubuque Community School District and the County Board of Supervisors,
as the affected taxing entities.
Passed, approved and adopted this 17th day of October, 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. Housing Trust Fund Advisory Committee: One, 3 -year term through August 17,
2019 (Expired term of Walsh). Applicant: John Walsh, 316 Spring Valley Rd.
Appointments were made to the following Boards/Commissions:
2. Building Code and Advisory Appeals Board: One, 3 -year term through August 1,
2019 (Vacant term of Kolf, Architect/Engineer Representative). Applicant: Benjamin
Beard (Qualifies as Architect/Engineer Representative). Motion by Connors to appoint
Mr. Beard to a 3 -year term through August 1, 2019. Seconded by Jones. Motion carried
7-0.
3. Community Development Advisory Commission: One, 3 -year term through Febru-
ary 15, 2017 (Vacant term of Craddieth, Low/Moderate Income Area Representa-
tive).Applicant: Sara Burley, 2622 Broadway St (Qualifies as LMI Representative). Mo-
tion by Jones to appoint Ms. Burley to the remainder of a 3 -year term through February
15, 2016. Seconded by Resnick. Motion carried 7-0.
PUBLIC HEARINGS
1. Request to Amend ID Institutional District - Finley Hospital: Proof of publication on
notice of public hearing to consider a request from Finley Hospital to amend ID Institu-
tional District sign regulations at 1550 /1560 University Avenue to permit two (2) addi-
tional, 50 sq. ft. wall -mounted signs and one (1), 80 sq. ft., eleven (11) foot -high monu-
ment -style sign to the Kehl Diabetes Center building and the Zoning Advisory Commis-
sion 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. Planning Services Laura Carstens provided a staff report. Motion
carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 50-16
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, by providing for the amendment of Ordinance 14-14, and approval of an amend-
ed Campus Development Plan for the Finley Hospital Institutional District. Seconded by
Jones. Motion carried 7-0.
18
OFFICIAL PUBLICATION
ORDINANCE NO. 50-16
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY PROVIDING FOR THE AMENDMENT OF ORDI-
NANCE 14-14, AND APPROVAL OF AN AMENDED CAMPUS DEVELOPMENT
PLAN FOR THE FINLEY HOSPITAL INSTITUTIONAL 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 Devel-
opment Code, be amended by providing for the approval of an amended campus devel-
opment plan for the Finley Hospital ID Institutional District, a copy of which is on file with
the City of Dubuque Planning Services Department.
Section 2. Institutional District Regulations.
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:
a. Hospitals
b. Outpatient care facilities.
c. Office for administrative personnel or other institutional employees or affili-
ates.
d. Classrooms, laboratories, lecture halls, auditoriums and similar places of
institutional assembly.
e. Off-street parking and loading.
f. Facilities and operations for the diagnosis, care, and treatment of human
health disorders, including examinations in operating rooms, physical therapy or
x-ray facilities, psychiatric treatment, convalescent care, and similar hospital-
related uses. This provision shall include separate doctors' clinics, drug stores,
and other medical facilities not owned or operated by the principal institution
and included in the conceptual development plan.
2. Accessory Uses. The following uses shall be permitted as accessory uses in the
above-described ID Institutional District.
a. Restaurants and cafeterias, flower shops, gift shops, and candy, cigar, or
magazine stands, but only when operated or located entirely within a principal
building.
b. As an accessory use to a medical institution, and allocated entirely within a
principal building, facilities for the compounding, dispensing, or sale of drugs or
medicines, prosthetic devices, lotions and preparations, dental care supplies,
eyewear, bandages or dressings, and similar medical or health-related supplies.
c. Group daycare center.
d. All uses customarily incidental to the principal permitted uses in conjunc-
tion with which such accessory use is operated or maintained, but not to include
commercial uses outside the principal building.
B. Lot and Bulk Regulations
19
Development of land in the ID Institutional District shall be regulated as follows: All
buildings, structures, and activities shall be located in substantial conformance with the
attached amended Campus Development Plan.
C. Performance Standards
The development and maintenance of uses in this ID Institutional District shall be es-
tablished in conformance with Section 5-22 of the Unified Development Code and the
following standards:
1. The storm water control shall be designed and built in accordance with City
Regulations subject to review and approval by the City of Dubuque Engineering
Department.
2. That appropriate erosion and sediment control will be installed prior to com-
mencement of any land disturbing activity related to the subject project, including
all required state and city permits related to erosion control.
3. New outdoor lighting shall utilize 72-degree cut-off luminaries.
4. Landscaping shall be provided in compliance with Article 13 of the Unified
Development Code.
5. All utilities, including telephone and cable television, shall be installed under-
ground.
6. Final site plans shall be submitted in accordance with Articles 12 and 13 of
the Unified Development Code.
D. Parking Requirements
The off-street parking requirements for the principal permitted uses for the herein de-
scribed ID Institutional District shall be regulated as follows.
1. The number, size and layout of off-street parking shall be in substantial com-
pliance with the amended campus plan.
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 Institutional District regulations.
E. Sign Regulations
1. Signage permitted in this ID Institutional District shall be as follows:
a) Eleven freestanding signs with a maximum of 50 square feet per sign.
b) One freestanding sign with a maximum of 100 square feet per sign.
c) Twenty-five wall-mounted signs with a maximum of 50 square feet per
sign.
d) Four wall-mounted signs with a maximum of 100 square feet per sign.
e) One wall-mounted sign with a maximum of 200 square feet.
f) Directional signs, as needed, with a maximum sign area of 10 square feet
and 10 feet in height.
g) That all other sign regulations not herein identified shall conform to Sec-
tion 16-15 of the Unified Development Code.
2. Signage allowed for the Kehl Diabetes Center building:
a) Two (2) 50 square feet wall signs.
b) One (1) 80 square foot monument sign 11 feet in height.
F. Additional Standards
That all previously approved campus development plans are hereby amended to al-
low for the attached campus development plan.
20
G. Transfer of Ownership
Transfer of ownership of property in this ID Institutional District requires rezoning of
the property to an appropriate zoning district.
H. Modifications
Any modifications of this Ordinance must be approved by the City Council in accord-
ance with zoning reclassification proceedings of Article 9 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. The foregoing amendment shall take effect upon publications, as provided
by law.
Passed, approved and adopted this 17th day of October, 2016.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 21 st day of October, 2016.
/s/Kevin S. Firnstahl, City Clerk
2. Request to Amend PUD Planned Unit Development - Plaza 20: Proof of publica-
tion on notice of public hearing to consider a request from Plaza 20, Inc. to amend the
Plaza 20 PUD Planned Unit Development sign regulations at 2600 Dodge Street to
permit one (1) 400 sq. ft. and two (2), 250 sq. ft. freestanding signs and the Zoning Ad-
visory Commission recommending approval. Motion by Lynch to receive and file the
documents and that the requirement that a proposed ordinance be considered and vot-
ed on for passage at two Council meetings prior to the meeting at which it is to be
passed be suspended. Seconded by Del Toro. Planning Services Manager Laura Car-
stens provided a staff report. Responding to questions from the City Council, Ms. Car-
stens stated that these are on -premise signs and therefore not effected by regulations
that apply to off -premise signs within the Hwy 20/Dodge Street right-of-way and regard-
less of whether the City or IDOT has jurisdiction over that right-of-way. Motion carried 7-
0.
Motion by Lynch for final consideration and passage of Ordinance No. 51-16 Amend-
ing Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances
by rescinding Ordinance 13-16 Which Established Regulations for the Plaza 20 PUD
Planned Unit Development District with a Planned Commercial Designation and now
being amended to allow for modification of the On -Premise Sign Regulations Applied to
Plaza 20. Seconded by Del Toro. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 51-16
AMENDING TITLE 16, THE UNIFIED DEVELOPMENT CODE OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY RESCINDING ORDINANCE 13-16 WHICH
ESTABLISHED REGULATIONS FOR THE PLAZA 20 PUD PLANNED UNIT DEVEL-
OPMENT DISTRICT WITH A PLANNED COMMERCIAL DESIGNATION AND NOW
BEING AMENDED TO ALLOW FOR MODIFICATION OF THE ON -PREMISE SIGN
REGULATIONS APPLIED TO PLAZA 20
21
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 13-16 which established
regulations for the Plaza 20 Planned Unit Development District with a Planned Com-
mercial District designation, and now being amended to allow modification of the on-
premise sign regulations applied to Plaza 20, to wit:
A. Use Regulations
The following regulations shall apply to all uses made of land in the above-described
Planned Unit Development:
Principal permitted uses: The following uses are permitted in the Plaza 20 Planned
Unit Development:
1. Regional shopping center
2. Retail sales/service
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 Devel-
opment Code that establishes requirements for application to the Zoning Board of Ad-
justment 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.
c. Such use shall not be located within the same structure as any gas station,
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
22
the licensed child care center is so located, continue to comply with all local,
state and federal regulations governing hazardous substances, hazardous con-
ditions, 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 Emer-
gency Management Director shall certify whether or not the applicant has sub-
mitted a current inventory of extremely hazardous substances kept or stored on
the premises. If any such extremely hazardous substances 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 sub-
stances, and the physical and health hazards 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 haz-
ardous 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 airborne haz-
ardous materials.
B. Lot and Bulk Regulations.
The following bulk regulations shall apply in the Plaza 20 Planned Unit Development,
subject to the provisions of the Unified Development Code.
1. All shopping center buildings, structures, and activities shall be developed in
substantial conformance with previously approved conceptual development
plan(s).
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 A.
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 Ad-
justment 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 as-
phalt, concrete, or pavers.
3. Curbing and proper surface drainage of storm water shall be provided.
23
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 development of
the lot.
6. The number, size, design, and location of parking spaces designated for per-
sons with disabilities shall be according to the local, state, or federal requirements
in effect at the time of development.
7. Parking requirements for businesses located on out lots shall comply with the
provisions of Section 14 of the Unified Development Code.
E. Site Lighting
1. Exterior illumination of site features shall be limited to the illumination of the
following:
a. Parking areas, driveways and loading facilities.
b. Pedestrian walkway surfaces and entrances to building.
c. Building exterior.
2. Location and Design
a. All exterior lighting luminaries shall be designed and installed to shield light
from the luminaries at angles above 72 -degrees from vertical.
b. Fixtures mounted on a building shall not be positioned higher than the
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 ar-
ea 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 be-
tween 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 ve-
hicle -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 exist -
24
ing 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 wa-
ter management and drainage shall apply to properties in the Planned Unit Devel-
opment.
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 feasi-
ble.
2. These regulations do not relieve the owner from other applicable city, county,
state or federal codes, regulations, laws and other controls relative to the planning,
construction, operation and management of property within the city of Dubuque.
I. Transfer of Ownership
Transfer of ownership or lease of property in the Plaza 20 PUD shall include in the
transfer or lease agreement a provision that the purchaser or lessee acknowledges
awareness of the conditions authorizing the establishment of the District PUD.
J. Recording
A copy of this PUD Ordinance shall be recorded, at the expense of the property own-
er, with the Dubuque County Recorder as a permanent record of the conditions accept-
ed as part of this reclassification approval. This ordinance shall be binding upon the un-
dersigned 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 17th day of October, 2016.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 21 st day of October, 2016.
/s/Kevin S. Firnstahl, City Clerk
PUBLIC INPUT
Carol Copeland, Executive Management, 1330 Locust Street; and Lynn Lampe, Vice
President of the Dubuque Landlords Association, expressed their opposition to Source
of Income code requirements currently under discussion and urged the Council to con-
tinue to allow landlords, property owners and housing providers the choice to participate
or not in the Housing Choice Voucher and other assistance programs.
ACTION ITEMS
1. State Representative Charles Isenhart: Mr. Isenhart addressed the City Council
regarding his 2017 Legislative Priorities and asked the Council to keep this information
in mind as it develops the City's own Legislative Priorities. Topics included: clean wa-
ter/soil health; clean energy and climate action; local food system development to im-
prove public health and diversity our agricultural economy; economic/ workforce devel-
25
opment to benefit and empower populations underserved by or disadvantaged in our
community; access health care, particularly treatment for mental health and substance
abuse. Mr. Isenhart then outlined examples of several initiatives where he and the City
might work together on these priorities. Motion by Jones to receive and file the docu-
ments. Seconded by Connors. Motion carried 7-0.
2. Expansion of Conservation District to Include 553 E. 14th Street (Tabled from Sep-
tember 6, 2016): City Manager recommending City Council action on one of four options
related to the expansion of the Washington Neighborhood Conservation District to in-
clude 553 E. le Street. Motion by Connors to remove from the table. Seconded by
Jones. Motion carried 7-0.
Restate motion by Connors to receive and file the documents and deny the City's re-
quest. Seconded by Resnick. Motion carried 6-1 with Rios voting nay. City Attorney
Crenna Brumwell and Planning Services Manage Laura Carstens responded to ques-
tions from the City Council regarding the City's inability to inspect the interior of non -
rental buildings without permission; the City's permitting and design review process
within conservation and historic districts, the architectural and historic structure as-
sessment survey; and the inspection history of this property.
3. North Grandview Avenue Right -of -Way Amendment to Purchase Agreement (K&T
Real Estate): City Manager recommending approval to amend the purchase agreement
for the vacation and disposal of a portion of the North Grandview Avenue right-of-way in
the southwest corner of the intersection of North Grandview Avenue and University Av-
enue. Motion by Connors to receive and file the documents and adopt Resolution No.
361-16 Amending the Purchase Agreement for the vacation and disposal of a portion of
the North Grandview Avenue right-of-way in the City of Dubuque. Seconded by Rios.
Motion carried 7-0. Responded to questions from the City Council City Manager Van
Milligen and City Engineer Gus Psihoyos explained how the amendment will allow the
City to use the property for the proposed roundabout at this intersection.
RESOLUTION NO. 361-16
AMENDING THE PURCHASE AGREEMENT FOR THE VACATION AND DISPOSAL
OF A PORTION OF THE NORTH GRANDVIEW AVENURE RIGHT OF WAY IN THE
CITY OF DUBUQUE
Whereas, K & T Real Estate, LLC requested the vacation of a portion of the North
Grandview Avenue right of way for the construction of a commercial property at the
southwest corner of the intersection of North Grandview Avenue and University Avenue;
and
Whereas, a purchase agreement was finalized with K & T Real Estate, LLC, pur-
chaser of the property scheduled for vacation and disposal; and
Whereas, the City Council passed Resolution.229-16 approving the disposal of Lot 1
of Tiefenthaler 2nd Place; and
Whereas, in June of 2016 the City of Dubuque vacated and sold a portion of the
North Grandview Avenue right of way known at Lot 1 of Tiefenthaler 2nd Place via Quit
Claim Deed to K & T Real Estate, LLC; and
26
Whereas, per the terms of the purchase agreement, K & T Real Estate, LLC is to
construct a nine stall parking lot on City Property adjacent to Lot 1 of Tiefenthaler 2nd
Place; and
Whereas, it is in the best interest of the City to not require the construction of the
parking lot on City Property as it will be in conflict with the location of the proposed
roundabout intersection improvements now scheduled for the year 2017.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That amending the purchase agreement, for the sale of Lot 1 of Tiefen-
thaler 2nd Place, to remove the requirement for the construction of said parking lot is
hereby approved. All other terms and conditions of the agreement shall remain in full
force and effect.
Section 2. That the Mayor is hereby authorized to execute and sign said amendment
to purchase agreement.
Passed, approved and adopted this 17th day of October, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Code of Ordinances Amendment Title 14 - References to Housing Code: City
Manager recommending approval of an ordinance which adjusts any references to the
recently repealed Title 6, Chapter 6 of the City of Dubuque Code of Ordinances to the
updated and proper code. 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. Se-
conded by Jones. Motion carried 7-0.
Motion by Lynch for final consideration and passage of Ordinance No. 52-16 Amend-
ing Ordinance 30-16 Which repealed Title 6, Chapter 6 of the City of Dubuque Code of
Ordinances and all other Ordinances or parts of Laws in Conflict therewith; Adopted the
2015 Edition of the International Property Maintenance Code, Regulating and Govern-
ing the Conditions and Maintenance of all Property, Buildings, and Structures; Provided
the Standards for Supplied Utilities and Facilities and Other Physical Things and Condi-
tions Essential to Ensure that Structures are Safe, Sanitary and fit for Occupation and
Use; and Condemning Buildings and Structures Unfit for Human Occupancy and Use,
and the Demolition of Such Existing Structure in the City of Dubuque; Provided for the
Issuance of Permits and Collection of Fees Therefor; and Adopted a New Article within
Title 14, Chapter 1 as Article J; by adjusting the Notice of Violation Provision, adding
Definitions for Building Official and Code Official, and modifying the Housing Board of
Appeal Provisions to be Consistent with the Provisions for Other Boards and Commis-
sions of the City. Seconded by Rios. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 52-16
AMENDING ORDINANCE 30-16 WHICH REPEALED TITLE 6, CHAPTER 6 OF THE
CITY OF DUBUQUE CODE OF ORDINANCES AND ALL OTHER ORDINANCES OR
PARTS OF LAWS IN CONFLICT THEREWITH; ADOPTED THE 2015 EDITION OF
THE INTERNATIONAL PROPERTY MAINTENANCE CODE, REGULATING AND
27
GOVERNING THE CONDITIONS AND MAINTENANCE OF ALL PROPERTY, BUILD-
INGS, AND STRUCTURES; PROVIDED THE STANDARDS FOR SUPPLIED UTILI-
TIES AND FACILITIES AND OTHER PHYSICAL THINGS AND CONDITIONS ES-
SENTIAL TO ENSURE THAT STRUCTURES ARE SAFE, SANITARY AND FIT FOR
OCCUPATION AND USE; AND CONDEMNING BUILDINGS AND STRUCTURES
UNFIT FOR HUMAN OCCUPANCY AND USE, AND THE DEMOLITION OF SUCH
EXISTING STRUCTURE IN THE CITY OF DUBUQUE; PROVIDED FOR THE ISSU-
ANCE OF PERMITS AND COLLECTION OF FEES THEREFOR; AND ADOPTED A
NEW ARTICLE WITHIN TITLE 14, CHAPTER 1 AS ARTICLE J; BY ADJUSTING THE
NOTICE OF VIOLATION PROVISION, ADDING DEFINITIONS FOR BUILDING OFFI-
CIAL AND CODE OFFICIAL, AND MODIFYING THE HOUSING BOARD OF APPEAL
PROVISIONS TO BE CONSISTENT WITH THE PROVISIONS FOR OTHER BOARDS
AND COMMISSIONS OF THE CITY
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IA:
Section 1. Ordinance No. 30-16 is amended to read as follows:
14-1 J-4: PRIORITY CATEGORY:
A. Priority Category Designated: The city manager may designate a property
owner, manager, or licensed real estate professional a priority category for pur-
poses of the property maintenance code if three (3) times within a period of twelve
(12) consecutive months the property owner, manager, or licensed real estate pro-
fessional:
1. Has a rental license suspended;
2. Has a rental license revoked;
3. Is noncompliant with property maintenance code orders in excess of ninety
(90) days without either an extension of time or variance from the housing
board of appeals board or good faith progress as determined by the city man-
ager;
4. Fails to perform a mandated criminal background check on a tenant; or
5. Receives a citation for a property maintenance code violation.
B. Notice Of Priority Category Status: Whenever the city manager designates a
property owner, manager, or licensed real estate professional to be a priority cate-
gory under subsection A of this section, the city manager must give notice of the
designation to the property owner, manager, or licensed real estate professional
responsible. Each notice must:
1. Be in writing;
2. Include a listing of the basis for designating the property owner, manager,
or licensed real estate professional a priority category;
3. Be served upon the property owner, manager, or licensed real estate pro-
fessional by delivering the same at the property owner, manager, or licensed
real estate professional's residence, office, or place of business in person or by
mailing by certified mail or regular mail to such address. All such mail must bear
indicia requesting return to sender or forwarding address if not deliverable as
addressed; and
4. Contain a statement that:
28
a. The property owner, manager, or licensed real estate professional may
appeal from the notice of the city manager to the housing board of appeals;
b. An appeal must be made in writing and filed with the city manager with-
in twenty (20) days from the date of service of the designation notice; and
c. A failure to appeal will constitute a waiver of all rights to an appeal.
5. This section may not be interpreted to prevent the enforcement and impo-
sition of fines and penalties for property maintenance code violations.
Section 2. This Ordinance takes effect upon publication.
Passed, approved and adopted this 17th day of October, 2016
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 21 st day of October, 2016.
/s/Kevin S. Firnstahl, City Clerk
5. Code of Ordinances Amendment Title 4 - Solicitor's License: City Manager rec-
ommending approval of an Ordinance providing that the City Manager must give written
notice of the revocation, suspension or denial of renewal to the licensee. Motion by
Connors to receive and file the documents and that the requirement that a proposed or-
dinance 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. Motion carried
7-0.
Motion by Connors for final consideration and passage of Ordinance No. 53-16
Amending City of Dubuque Code of Ordinances Title 4 Business and License Regula-
tions, Chapter 5 Solicitor's License, Section 4-5-10 Denial, Suspension, or Revocation
of License by providing that the City Manager must give written notice of the revocation,
suspension, or denial of renewal. Seconded by Lynch. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 53-16
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND
LICENSE REGULATIONS, CHAPTER 5 SOLICITOR'S LICENSE, SECTION 4-5-10
DENIAL, SUSPENSION, OR REVOCATION OF LICENSE BY PROVIDING THAT THE
CITY MANAGER MUST GIVE WRITTEN NOTICE OF THE REVOCATION, SUSPEN-
SION, OR DENIAL OF RENEWAL
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 4-5-10 of the City of Dubuque Code of Ordinances is amended to
read as follows:
4-5-10: DENIAL, SUSPENSION, OR REVOCATION OF LICENSE:
A. The city manager may, upon good cause, deny issuance or renewal of a li-
cense or suspend or revoke any license issued under this article for a period not to
exceed one year for any of the following:
1. Violation of any federal, state, or local law, including, but not limited to, a
violation of this chapter or any other chapter of this code;
2. Misrepresentation of any material fact in the application for a license;
29
3. Failure to cooperate with law enforcement; or
4. The licensee, owner, manager, partner, corporate officer, or director has
been convicted of a crime involving robbery, burglary, theft, forgery, fraud, or
deceptive practices, the possession, manufacture, or delivery of a controlled
substance, possession with intent to manufacture or deliver a controlled sub-
stance, possession of drug paraphernalia, or nonpayment of excise taxes for a
controlled substance, nonpayment of other taxes, or demonstrated insolvency.
5. Misrepresentation of the source, condition, quality, weight, or measure of
the product sold by such solicitor; or
6. If any judgment recovered against such solicitor with reference to the op-
eration of the business within the city remains unpaid for a period of six (6)
months, provided such judgment be not stayed under a supersedes bond upon
appeal from such judgment.
B. The city manager must give written notice of the revocation, suspension, or
denial of renewal of any license issued under the provisions of this chapter to the
license holder and the surety or sureties furnishing the bond provided for herein.
C. In the event of such revocation, suspension, or denial or nonrenewal, no
other solicitor's license may be issued to such person for a period of two (2) years
thereafter.
Section 2. This Ordinance takes effect upon publication.
Passed, approved and adopted this 17th day of October, 2016.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 21 st day of October, 2016.
/s/Kevin S. Firnstahl, City Clerk
6. Code of Ordinances Amendment Title 14 - Mechanical and Plumbing Code Board:
City Manager recommending approval of two ordinances to amend Ordinance Nos. 25-
16 and 26-16 to make the language for the Mechanical and Plumbing Code Board con-
sistent between the two ordinances. Motion by Jones to receive and file the documents
and that the requirement that a proposed ordinance be considered and voted on for
passage at two Council meetings prior to the meeting at which it is to be passed be
suspended. Seconded by Resnick. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 54-16 Amend-
ing Ordinance 25-16 Which repealed Title 14 Building and Development, Chapter 1
Building Codes, Article F Mechanical Code, Sections 14-1 F-1 International Mechanical
Code Adopted and 14-1 F-2 International Mechanical Code Amendments and adopted
new sections in lieu thereof Adopting the 2015 International Mechanical Code; and Or-
dinance No. 55-16 Amending Ordinance 26-16 Which repealed Title 14 Building and
Development, Chapter 1 Building Codes, Article H Plumbing Code, Sections 14-1 H-1
International Plumbing Code Adopted and 14-1 H-2 International Plumbing Code
Amendments and adopted new sections in lieu thereof adopting the 2015 International
Plumbing Code. Seconded by Resnick. Motion carried 7-0.
30
OFFICIAL PUBLICATION
ORDINANCE NO. 54-16
AMENDING ORDINANCE 25-16 WHICH REPEALED TITLE 14 BUILDING AND DE-
VELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE F MECHANICAL CODE,
SECTIONS 14-1F-1 INTERNATIONAL MECHANICAL CODE ADOPTED AND 14-1F-2
INTERNATIONAL MECHANICAL CODE AMENDMENTS AND ADOPTED NEW SEC-
TIONS IN LIEU THEREOF ADOPTING THE 2015 INTERNATIONAL MECHANICAL
CODE
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IA:
Section 1. Ordinance No. 25-16 is amended to read as follows:
14-1 F-4: MECHANICAL AND PLUMBING CODE BOARD:
A. Board Created: In order to hear and decide appeals of orders, decisions, or
determinations made by the code official relative to the application and interpreta-
tion of this code, there shall be and is hereby created a Mechanical and Plumbing
Code Board. The Mechanical and Plumbing Code Board shall be appointed by the
City Council and shall hold office at its pleasure.
B. Membership: The Mechanical and Plumbing Code Board shall consist of
seven (7) residents of the city, appointed by the City Council for a term of three (3)
years or until such member's successor is appointed and qualified. Vacancies
must be filled in the same manner as original appointments.
1. Special Qualifications.
a. Two (2) at -large members
b. Five (5) members who possess a minimum of one of the following re-
quirements: minimum of five (5) years working experience in the plumbing or
mechanical trade, hold a state certification as a mechanical or plumbing con-
tractor, licensed mechanical or hydraulic engineer, or any combination there-
of.
c. Members must be eighteen (18) years of age or older.
C. Oath: Each person, upon appointment or reappointment to the board, must
execute an oath of office at the first meeting of the board following appointment or
reappointment or at the city clerk's office any time prior to the first meeting of the
board following the appointment or reappointment.
D. Officers/Organization: The board must choose annually a chairperson and
vice -chairperson, each to serve a term of one (1) year. The code official is the sec-
retary of the board. The board must fill a vacancy among its officers for the re-
mainder of the officer's unexpired term.
E. Compensation: Members serve without compensation, provided that they
may receive reimbursement for necessary travel and other expenses while on offi-
cial board business within the limits established in the city administrative policies
and budget.
F. Disqualification of Member: A member shall not hear an appeal in which that
member has a personal, professional, or financial interest.
G. Application for Appeal:
31
1. Any person affected by a decision of the code official or a notice or order
issued under this code shall have the right to appeal to the Mechanical and
Plumbing Code Board, provided a written application for appeal is filed within
twenty (20) days after the day the decision, notice, or order was served.
2. An application for appeal shall be based on a claim that the true intent of
this code or the rules legally adopted thereunder have been incorrectly inter-
preted, the provisions of this code do not fully apply, or an equally good or bet-
ter form of construction is proposed.
H. Limitations on Authority (Board Powers):
1. The board has the following powers, duties, and responsibilities:
a. To advise the city council on all mechanical and plumbing code regula-
tions and procedures.
b. To serve as an appeal body for the decisions of the code official or the
code official's designee.
c. To provide for reasonable interpretations of the mechanical and plumb-
ing code.
The Mechanical and Plumbing Code Board does not have the authority to
waive the requirements of this code.
I. Notice of Meeting: The board shall meet upon notice from the chairman, with-
in not less than ten (10) days and not more than sixty (60) days of the filing of an
appeal, at stated periodic meetings, or at the written request of a majority of the
members.
J. Open Hearing:
1. Hearings before the board shall be open to the public and in compliance
with the provisions of the Iowa open meetings law.
2. The appellant, the appellant's representative, the code official, and any
person whose interests are affected shall be given an opportunity to be heard.
K. Hearing Procedure:
1. The board shall adopt and make available to the public through the secre-
tary procedures under which a hearing will be conducted. The procedures shall
not require compliance with strict rules of evidence, but shall mandate that only
relevant information be received.
2. A quorum shall consist of a minimum of two-thirds (2/3) of the board mem-
bership.
3. Members of the board shall attend at least two-thirds (2/3) of all regularly
scheduled and held meetings within a twelve (12) month period. If any member
does not attend such prescribed number of meetings, it shall constitute grounds
for the board to recommend to the city council that the member be replaced.
The attendance of all members shall be entered upon the minutes of all meet-
ings.
4. The code official shall file with the city council a copy of the minutes of
each meeting of the board within ten (10) working days after each such meet-
ing, or by the next regularly scheduled city council meeting, whichever is later.
5. All administrative, personnel, accounting, budgetary, and procurement pol-
icies of the city shall govern the board in its operations.
32
6. Removal: The city council may remove any member for cause upon writ-
ten charges and after a public hearing.
L. Postponed Hearing: Either the city or the appellant may request a postpone-
ment of a hearing subject to the approval of the code official. In no event may a
postponement exceed ninety (90) days beyond the date of the appeal.
M. Board Decision on Appeals: The board may, by majority vote, affirm, modify,
or reverse the decision of the code official.
N. Resolution: The decision of the board shall be by resolution. A written copy
shall be furnished to the appellant and placed in the board's records.
O. Administration: The code official shall take immediate action in accordance
with the decision of the board.
P. Court Review: Any person, whether or not a previous party to the appeal,
shall have the right to apply to the appropriate court for a writ of certiorari to cor-
rect errors of law. Application for review shall be made in the manner and time re-
quired by law following the filing of the decision in the office of the code official
chief administrative officer.
Q. Stays of Enforcement: Appeals of notice and orders (other than Imminent
Danger notices) shall stay the enforcement of the notice and order until the appeal
is heard by the appeals board.
Section 2. This Ordinance takes effect upon publication.
Passed, approved and adopted this 17th day of October, 2016.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 21 st day of October, 2016.
/s/Kevin S. Firnstahl, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 55-16
AMENDING ORDINANCE 26-16 WHICH REPEALED TITLE 14 BUILDING AND DE-
VELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE H PLUMBING CODE,
SECTIONS 14-1H-1 INTERNATIONAL PLUMBING CODE ADOPTED AND 14-1H-2
INTERNATIONAL PLUMBING CODE AMENDMENTS AND ADOPTED NEW SEC-
TIONS IN LIEU THEREOF ADOPTING THE 2015 INTERNATIONAL PLUMBING
CODE
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IA:
Section 1. Ordinance No. 26-16 is amended to read as follows:
14-1H-7: MECHANICAL AND PLUMBING CODE BOARD:
A. Board Created: In order to hear and decide appeals of orders, decisions, or
determinations made by the code official relative to the application and interpreta-
tion of this code, there shall be and is hereby created a Mechanical and Plumbing
Code Board. The Mechanical and Plumbing Code Board shall be appointed by the
City Council and shall hold office at its pleasure.
B. Membership: The Mechanical and Plumbing Code Board shall consist of
seven (7) residents of the city, appointed by the City Council for a term of three (3)
33
years or until such member's successor is appointed and qualified. Vacancies
must be filled in the same manner as original appointments.
1. Special Qualifications.
a. Two (2) at -large members
b. Five (5) members who possess a minimum of one of the following re-
quirements: minimum of five (5) years working experience in the plumbing or
mechanical trade, hold a state certification as a mechanical or plumbing con-
tractor, licensed mechanical or hydraulic engineer, or any combination there-
of.
c. Members must be eighteen (18) years of age or older.
C. Oath: Each person, upon appointment or reappointment to the board, must
execute an oath of office at the first meeting of the board following appointment or
reappointment or at the city clerk's office any time prior to the first meeting of the
board following the appointment or reappointment.
D. Officers/Organization: The board must choose annually a chairperson and
vice -chairperson, each to serve a term of one (1) year. The code official is the sec-
retary of the board. The board must fill a vacancy among its officers for the re-
mainder of the officer's unexpired term.
E. Compensation: Members serve without compensation, provided that they
may receive reimbursement for necessary travel and other expenses while on offi-
cial board business within the limits established in the city administrative policies
and budget.
F. Disqualification of Member: A member shall not hear an appeal in which that
member has a personal, professional, or financial interest.
G. Application for Appeal:
1. Any person affected by a decision of the code official or a notice or order
issued under this code shall have the right to appeal to the Mechanical and
Plumbing Code Board, provided a written application for appeal is filed within
twenty (20) days after the day the decision, notice, or order was served.
2 An application for appeal shall be based on a claim that the true intent of
this code or the rules legally adopted thereunder have been incorrectly inter-
preted, the provisions of this code do not fully apply, or an equally good or bet-
ter form of construction is proposed.
H. Limitations on Authority (Board Powers):
1. The board has the following powers, duties, and responsibilities:
a. To advise the city council on all mechanical and plumbing code regula-
tions and procedures.
b. To serve as an appeal body for the decisions of the code official or the
code official's designee.
c. To provide for reasonable interpretations of the mechanical and plumb-
ing code.
The Mechanical and Plumbing Code Board does not have the authority to
waive the requirements of this code.
I. Notice of Meeting: The board shall meet upon notice from the chairman, with-
in not less than ten (10) days and not more than sixty (60) days of the filing of an
34
appeal, at stated periodic meetings, or at the written request of a majority of the
members.
J. Open Hearing:
1. Hearings before the board shall be open to the public and in compliance
with the provisions of the Iowa open meetings law.
2. The appellant, the appellant's representative, the code official, and any
person whose interests are affected shall be given an opportunity to be heard.
K. Hearing Procedure:
1. The board shall adopt and make available to the public through the secre-
tary procedures under which a hearing will be conducted. The procedures shall
not require compliance with strict rules of evidence, but shall mandate that only
relevant information be received.
2. A quorum shall consist of a minimum of two-thirds (2/3) of the board mem-
bership.
3. Members of the board shall attend at least two-thirds (2/3) of all regularly
scheduled and held meetings within a twelve (12) month period. If any member
does not attend such prescribed number of meetings, it shall constitute grounds
for the board to recommend to the city council that the member be replaced.
The attendance of all members shall be entered upon the minutes of all meet-
ings.
4. The code official shall file with the city council a copy of the minutes of
each meeting of the board within ten (10) working days after each such meet-
ing, or by the next regularly scheduled city council meeting, whichever is later.
5. All administrative, personnel, accounting, budgetary, and procurement pol-
icies of the city shall govern the board in its operations.
6. Removal: The city council may remove any member for cause upon writ-
ten charges and after a public hearing.
L. Postponed Hearing: Either the city or the appellant may request a postpone-
ment of a hearing subject to the approval of the code official. In no event may a
postponement exceed ninety (90) days beyond the date of the appeal.
M. Board Decision on Appeals: The board may, by majority vote, affirm, modify,
or reverse the decision of the code official.
N. Resolution: The decision of the board shall be by resolution. A written copy
shall be furnished to the appellant and placed in the board's records.
O. Administration: The code official shall take immediate action in accordance
with the decision of the board.
P. Court Review: Any person, whether or not a previous party to the appeal,
shall have the right to apply to the appropriate court for a writ of certiorari to cor-
rect errors of law. Application for review shall be made in the manner and time re-
quired by law following the filing of the decision in the office of the code official
chief administrative officer.
Q. Stays of Enforcement: Appeals of notice and orders (other than Imminent
Danger notices) shall stay the enforcement of the notice and order until the appeal
is heard by the appeals board.
Section 2. This Ordinance takes effect upon publication.
35
Passed, approved and adopted this 17th day of October, 2016.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 21 st day of October, 2016.
/s/Kevin S. Firnstahl, City Clerk
7. Code of Ordinances Amendment Title 14 - Electrical Code: City Manager recom-
mending approval of an ordinance that prohibits the use of PVC when penetrating
through a roof and/or soffit. 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. Se-
conded by Connors. City Manager Van Milligen and City Attorney Brumwell responded
to questions from the City Council regarding the use of PVC for electrical purposes vs.
heating and cooling purposes. Brumwell added that this recommendation is coming
from the Electrical Code Board and refers to the National Electrical Code, not the Inter-
national Electrical Code. Motion carried 7-0.
Motion by Lynch for final consideration and passage of Ordinance No. 56-16 Amend-
ing City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1
Building Codes, Article D Electrical Code, Section 14-1D-2 National Electrical Code
Amendments by amending Uses Not Permitted to include where overhead lines and/or
wires attach to PVC. Seconded by Rios. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 56-16
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE D ELECTRICAL CODE,
SECTION 14-1D-2 NATIONAL ELECTRICAL CODE AMENDMENTS BY AMENDING
USES NOT PERMITTED TO INCLUDE WHERE OVERHEAD LINES AND/OR WIRES
ATTACH TO PVC
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:
352.12 Uses Not Permitted
PVC conduit shall not be used under the conditions specified in 352.12(A)
through (F).
(A) Hazardous (Classified) Locations. In any hazardous (classified) location,
except as permitted by other articles of this Code.
(B) Support of Luminaries. For the support of luminaries or other equipment
not described in 352.10(H).
(C) Physical Damage. Where subject to physical damage unless identified for
such use.
(D) Ambient Temperatures. Where subject to ambient temperatures in ex-
cess of 50°C (122°F) unless listed otherwise.
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(E) Theaters and Similar Locations. In theaters and similar locations, except
as provided in 518.4 and 520.5.
(F) Overhead Lines and/or Wires. Where overhead lines and/or wires attach
to PVC.
(G) Roof and/or Soffit. Where penetrating through a roof and/or soffit.
In addition to the conditions in 352.12(A) through (G), PVC conduits are not permitted
to be installed in ducts, plenums, and other air -handling spaces. See 300.22, which lim-
its the use of materials in ducts, plenums, and other air -handling spaces that may con-
tribute smoke and products of combustion during a fire.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 17th day of October, 2016
/s/Roy D. Buol, Mayor
Attest: /s/Kevin Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 21 st day of October, 2016.
/s/Kevin S. Firnstahl, City Clerk
8. Request for Work Session - Inclusive Dubuque Quarterly Work Session: City Man-
ager recommending that the City Council schedule the quarterly Inclusive Dubuque
Work Session for December 12, 2016, at 6:00 p.m. Motion by Connors to receive and
file the documents and set the work session as recommended. Seconded by Jones.
Motion carried 7-0.
9. Request for Special City Council Meeting - South Pointe Subdivision Housing Ur-
ban Renewal Area: City Manager recommending that the City Council schedule a spe-
cial City Council meeting for Thursday, October 27, at 5:30 p.m. in Conference Room B
of City Hall, in order to begin the process of considering a Housing Urban Renewal Area
to include the South Point subdivision. Restated motion by Lynch to receive and file the
documents and set the work session for a new time of 5:00 p.m. on October 27, 2016.
Seconded by Rios. Motion carried 7-0.
10. National League of Cities Voting Delegates: Correspondence from the National
League of Cities requesting that the City designate a voting delegate and alternate vot-
ing delegate for the upcoming National League of Cities Annual Business meeting on
November 19, 2016. Motion by Connors to receive and file the documents and appoint
Mayor Buol as the voting delegate as he will be attending the conference. Seconded by
Resnick. Motion carried 7-0.
CLOSED SESSION
Motion by Jones to convene in closed session at 7:45 p.m. to discuss pending litiga-
tion and real estate transfer negotiations pursuant to Chapter 21.5(1)(c), -(j) Code of Io-
wa. Seconded by Resnick. Mayor Buol stated for the record that the attorneys who will
consult with City Council on the issues to be discussed in the closed session are City
Attorney Crenna Brumwell and Attorney Conner Wasson. Motion carried 7-0.
37
Upon motion the City Council adjourned the closed session at 8:25 p.m. stating that
staff had been given proper direction.
City Council then met in a non-public meeting to discuss collective bargaining strate-
gy pursuant to Chapter 20.17(3) Code of Iowa.
There being no further business, upon motion the City Council adjourned at 8:36 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
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