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3 4 13 City Council Proceedings Official_Special CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:30 p.m. on March 4, 2013 in th the Historic Federal Building, 350 W. 6 Street. Present: Mayor Pro Tem Lynch; Council Members Braig, Connors, Jones, Resnick, Sutton; City Manager Van Milligen, City Attorney Lindahl Absent: Mayor Buol Mayor Pro Tem Lynch read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on the Every Child / Every Promise program. WORK SESSION Every Child / Every Promise Presentation on the activities and successes of the Every Child / Every Promise pro- gram by Eric Dregne, Vice President of Programs for the Community Foundation of Greater Dubuque; Stan Reingans, Superintendent of Schools, Lynn Devaney, Associate Superintendent of Schools, Troy Rabbett, Development and Marketing Director for St. Mark Community Center, Shirley Hoertsman, Director of Student Services for Dubuque Schools; and Marie Ware, Leisure Services Manager. Topics included:  Vision / Mission  Five Promises: healthy start, effective education, caring adults, safe places, op- portunities to serve  Current Objectives  Successes  Leadership Enrichment After-School Programs (LEAP)  St. Mark Community Center: history & background, o school year educational programs o high-impact partnerships o school readiness o school attendance o summer learning o out-of-school time o Summer Academy Pilot o Partnerships o  Campaign for Grade-Level Reading There being no further business, upon motion the City Council adjourned at 6:26 p.m. Kevin S. Firnstahl, CMC City Clerk 1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on March 4, 2013 in th the Historic Federal Building, 350 W. 6 Street. Present: Mayor Pro Tem Lynch; Council Members Braig, Connors, Jones, Resnick, Sutton; City Manager Van Milligen, City Attorney Lindahl Absent: Mayor Buol Mayor Pro Tem Lynch 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 be- fore the City Council. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE May the spirit of wisdom keep our hearts and minds open as we endeavor to serve the common good. PROCLAMATION(S) Mason's Child Identification Day (March 9, 2013) was accepted by Chris Stechman of the Dubuque Masons, 1155 Locust St. IPOST Month (March 2013) was accepted by Diane Asmussen of the Finley Hospital 350 N Grandview Ave. CONSENT ITEMS Motion by Connors to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Jones. Motion carried 6-0. Minutes and Reports Submitted: City Council Proceedings of 2/18, 2/21, 2/25, 2/26, and 2/27; Civil Service Commission of 2/13; Historic Preservation Commission of 2/20, Human Rights Commission of 1/14, Long Range Planning Advisory Commission of 2/20; Proof of Publication for City Council Proceedings of 2/4 and 2/5; Proof of Publica- tion for List of Claims and Summary of Revenues for Month Ending 1/31/13. Upon mo- tion the documents were received and filed. Notice of Claims and Suits: Bobbie Bisdorf-Jost for vehicle damage. Upon motion the documents were received, filed and referred to the City Attorney. Disposition of Claims: City Attorney advising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- 2 surance Pool: Bobbie Bisdorf-Jost for vehicle damage. Upon motion the documents were received, filed and concurred. Sustainable Dubuque Project Status Update: City Manager transmitting the Sustain- able Dubuque Project Status Update for January 2013. Upon motion the documents were received and filed. 5 Points Traffic Reconstruction - Project Acceptance: City Manager recommending acceptance of the construction contract for the 5 Points Traffic Signal Reconstruction Project, as completed by Portzen Construction. Upon motion the documents were re- ceived and filed and Resolution No. 67-13 Accepting the 5 Points Traffic Signal Recon- struction Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 67-13 ACCEPTING THE 5 POINTS TRAFFIC SIGNAL RECONSTRUCTION PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the 5 Points Traffic Signal Recon- struction 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 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 5 th Points Intersection Rhomberg – 20 - Elm capital improvement appropriation for the contract amount of $163,368.41 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. th Passed, approved and adopted this 4 day of March, 2013. Kevin J. Lynch, Mayor Pro Tem Attest: Kevin S. Firnstahl, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 5 POINTS TRAFFIC SIGNAL RECONSTRUCTION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 5 Points Traffic Signal ReconstructionProject, and that said Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $183,012.62. th Dated this 26 day of February, 2013. /s/Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 26 day of February, 2013. /s/Kevin S. Firnstahl, CMC City Clerk 3 Manson Road Emergency Watermain and Bridge Repair - Project Acceptance: City Manager recommending acceptance of the construction contract for the Manson Road Bridge and Watermain Emergency Repair Project, as completed by Taylor Construction. Upon motion the documents were received and filed and Resolution No. 68-13 Accept- ing the Manson Road Bridge and Water Main Emergency Repair Project and authoriz- ing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 68-13 ACCEPTING THE MANSON ROAD BRIDGE AND WATER MAIN EMERGENCY RE- PAIR PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Manson Road Bridge and Watermain Emergency Repair 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 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 Manson Road Bridge and Watermain Capital Improvement appropriation for the con- tract amount of $364,162.14 less any retained percentage provided for therein as pro- vided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. th Passed, approved and adopted this 4 day of March, 2013. Kevin J. Lynch, Mayor Pro tem Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE MANSON ROAD BRIDGE AND WATERMAIN EMERGENCY REPAIR PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Manson Road Bridge and Watermain Emergency Repair 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 $421,530.89. th Dated this 26 day of February, 2013. /s/Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 26 day of February, 2013. /s/Kevin S. Firnstahl, City Clerk US 151/61 Capacity Improvements - Project Acceptance: City Manager recommend- ing acceptance of the construction contract for the US 151-61 Capacity Improvements Project, as completed by Tschiggfrie Excavating. Upon motion the documents were re- ceived and filed and Resolution No. 69-13 Accepting the US 151-61 Capacity Improve- ments Project, Iowa DOT Project No. STP-A-061-8(128)22-31 and authorizing the pay- ment of the contract amount to the contractor was adopted. 4 RESOLUTION NO. 69-13 ACCEPTING THE US 151-61 CAPACITY IMPROVEMENTS PROJECT, IOWA DOT PROJECT NO. STP-A-061-8(128)—22-31 AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the US 151-61 Capacity Improve- ments 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 Pro- ject be accepted; and 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 ICAAP, DMATS STP Funding, U-Step Funding, 3R funding and US 151-61 Capacity Improvements for the contract amount of $1,041,371.35 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. th Passed, approved and adopted this 4 day of March, 2013 Kevin J. Lynch, Mayor Pro tem Attest: Kevin S. Firnstahl, CMC City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE US 151-61 CA- PACITY IMPROVEMENTS PROJECT, IOWA DOT PROJECT NO. STP-A-061- 8(128)- 22-31 The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the US 151-61 Capacity Improvements Project - Iowa DOT Project No. STP-A-061-8(128)—22-31, 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 $1,245,244.38. th Dated this 26 day of February, 2013. /s/Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 26 day of February, 2013. /s/Kevin S. Firnstahl, CMC City Clerk Washington Street Parking Lot - Project Acceptance: City Manager recommending acceptance of the construction contract for the Washington Street Parking Lot Project, as completed by McDermott Excavating, Inc. Upon motion the documents were re- ceived and filed and Resolution No. 70-13 Accepting the Washington Street Parking Lot Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 70-13 ACCEPTING THE WASHINGTON STREET PARKING LOT PROJECT AND AU- THORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Washington Street Parking Lot 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 5 of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; and 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 Maintenance – Municipal Parking Lots capital improvement appropriation for the con- tract amount of $39,142.17 less any retained percentage provided for therein as provid- ed in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. th Passed, approved and adopted this 4 day of March, 2013. Kevin J. Lynch, Mayor Pro tem Attest: Kevin S. Firnstahl, CMC City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE WASHINGTON STREET PARKING LOT PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Washington Street Parking Lot Project, and that said Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $43,927.37. th Dated this 26 day of February, 2013. /s/Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 26 day of February, 2013. /s/Kevin S. Firnstahl, CMC City Clerk Tschiggfrie Excavating Company Claim: Correspondence from O'Connor & Thomas Law Firm on behalf of Tschiggfrie Excavating Company objecting to release of retained funds for materials and labor related to the Water & Pollution Control Plant Modifications Project. Upon motion the documents were received, filed and referred to the City Man- ager. The Jule - Consolidated Funding Authorizing Resolution: City Manager recommend- ing approval and signature on the Authorizing Resolution for The Jule's FY 2014 Con- solidated Funding. Upon motion the documents were received, filed and approved. Collective Bargaining Agreement Amendment - Teamsters Local No. 120: City Man- ager recommending approval of an amendment to the Collective Bargaining Agreement with the Teamsters Union to provide for a work week that consists of ten hours per day and four days per week effective April 22, 2013 through September 27, 2013 for the Maintenanceworker, Airfield Maintenanceworkers and Mechanic assigned to the Airport. Upon motion the documents were received, filed and approved. Request for Proposals - Catfish Creek Watershed Management Plan: City Manager recommending approval of the Request for Proposals (RFP) for consulting services to 6 prepare the Catfish Creek Watershed Management Plan. Upon motion the documents were received, filed and approved. Purchase of Property - 735 Caledonia Place: City Manager requesting authorization to sign the Offer to Buy Real Estate and Acceptance Agreement for 735 Caledonia Place. Upon motion the documents were received, filed and approved. Consent Decree Semi-Annual Report: City Manager recommending approval to certi- fy the March 31st Semi Annual Consent Decree Report to be submitted to the U.S. De- partment of Justice, U.S. EPA and the Iowa Department of Natural Resources. Upon motion the documents were received, filed and approved. Certified Local Government (CLG) - 2012 Annual Report: City Manager transmitting the 2012 Certified Local Government (CLG) Annual Report. Upon motion the docu- ments were received and filed. Service Commission: Civil Service Commission submitting the certified lists for the positions of Purchasing Coordinator and Traffic Engineer. Upon motion the documents were received, filed and made a Matter of Record. February 13, 2013 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, a:”take home” examination for the position of Traffic Engineer was administered on January 23, 2013. We hereby certify that the individuals listed below have passed this “take home” examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. Traffic Engineer 1. Grant Sanders 7. Renu Chhonkar 2. Saleh Bhuiyan 8. Donald Quinn 3. Kevin Woodard 9. Matthew Friedman 4. Eric Evers 10. Ziqianli Wang 5. Hongzhi Wang 11. Ryan Hosch 6. Duane Richter Respectfully submitted, Dan White, Chairman Civil Service Commission Actuarial Valuation of Post-Employment Benefit Plans: City Manager recommending that the SilverStone Group be selected to conduct the GASB-45 actuarial valuation for 2013. Upon motion the documents were received, filed and approved. 7 IDOT Local Road Detour Agreement - 30-Inch Force Main Project: City Manager rec- ommending authorization for the Mayor to execute an agreement with the Iowa Depart- ment of Transportation for the use of local roads as an authorized detour route for the Phase I - 30-inch Force Main Relocation Project from 7th to 12th Streets. Upon motion the documents were received and filed and Resolution No. 71-13 Approving the Iowa Department of Transportation Agreement for use of local agency roads as detours for thth Phase I - 30 Inch Force Main Relocation Project from 7 to 12 Streets was adopted. RESOLUTION NO. 71-13 APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR USE OF LOCAL AGENCY ROADS AS DETOURS FOR PHASE I - 30 INCH FORCE THTH MAIN RELOCATION PROJECT FROM 7 TO 12 STREETS Whereas, the City of Dubuque is proceeding with the Phase I - 30 inch Force Main thth Relocation Project from 7 to 12 Streets; and thth Whereas, 7 to 12 Street is located close to the Elm Street Connector US 52 and is under the jurisdiction of the Iowa Department of Transportation; and Whereas, Phase I of the 30 inch Force Main Project will involve constructing the force main pipe, an 8 inch water main and connecting to a 20” water main; and thth Whereas, due to the street work required on Elm Street and 7 to 12 Streets, and in the interest of public safety, vehicular traffic will be detoured. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said Agreement for Use of Local Agency Roads with the Iowa De- partment of Transportation is hereby approved for the Phase I - 30 inch Force Main Re- location Project. Section 2. That the Mayor be authorized and directed to execute two copies of said Agreement for Use of Local Agency Roads with the Iowa Department of Transportation for the Phase I - 30 inch Force Main Relocation Project. th Passed, approved and adopted this 4 day of March, 2013. Kevin J. Lynch, Mayor Pro tem Attest: Kevin S. Firnstahl, CMC, City Clerk Healthy Homes and Lead-Based Hazard Control - Quarterly Progress Reports: Cor- respondence from the U.S. Department of Housing and Urban Development (HUD) in- forming the City that its Healthy Homes Demonstration Work Plan has achieved an overall performance rating of 100 out of 100 and has received a Green Designation and that the Lead-Based Hazard Control Grant Work Plan has achieved an overall perfor- mance rating of 100 out of 100. Upon motion the documents were received and filed. Sisters of St. Francis: Correspondence from the Sisters of St. Francis thanking the City of Dubuque for its support of Mayors for Peace and nuclear weapons abolition by 2020. Upon motion the documents were received and filed. Alcohol Compliance Civil Penalty for Alcohol License Holders - Clark Gas Station: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Clark Gas Station, 700 Rhomberg Avenue. Upon motion the documents were received, filed and approved. 8 Tobacco Compliance - Civil Penalty for Tobacco License Holders - Clark Petroleum: City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Clark Petroleum, 700 Rhomberg Avenue. Upon motion the documents were received, filed and approved. Alcohol Compliance Civil Penalty for Alcohol License Holders - Dubuque Quick Stop Mart: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Dubuque Quick Stop Mart, 1401 Cen- tral Avenue. Upon motion the documents were received, filed and approved. Tobacco Compliance - Civil Penalty for Tobacco License Holders - Dubuque Quick Stop Mart: City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Dubuque Quick Stop Mart, 1401 Cen- tral Avenue. Upon motion the documents were received, filed and approved. Alcohol Compliance Civil Penalty for Alcohol License Holders - Eagles Club: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for the Eagles Club, 1175 Century Drive. Upon motion the documents were received, filed and approved. Alcohol and Tobacco License Applications: City Manager recommending approval of annual liquor, beer, wine and tobacco licenses as submitted. Upon motion the docu- ments were received and filed and Resolution No. 72-13 Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits; and Resolution No. 73-13 Approving applications for retail cigarette/tobacco sales permits, as required by Iowa Code 453A.47A were adopted. RESOLUTION NO. 72-13 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 following named applicants and permit types: 9 Chopper's 601 Rhomberg Ave. Class C Liquor (Sunday) Fareway Store #114 2050 J F K Blvd. Class E Liquor, Class B Wine, Class C Beer (Carryout Wine and Beer) Players Club 1902 Central Ave. Class C Liquor (Sunday) Puff N Snuff 1101 Rhomberg Ave. Class E Liquor The Clubhouse 2364 Washington St. Class C Liquor (Sunday) Yardarm Restaurant/ Bar 1201 Shiras Ave. Class C Liquor (Sunday) (Outdoor) L. May 1072 Main ADDING Class B Wine (Carryout Wine) New – “920 Main” 920 Main Class C Liquor (Sunday) th Passed, approved and adopted this 4 day of March, 2013. Kevin J. Lynch, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 73-13 APPROVING APPLICATIONS FOR RETAIL CIGARETTE/TOBACCO SALES PER- MITS, AS REQUIRED BY IOWA CODE 453A.47A . Whereas, applications for Cigarette/Tobacco Sales have been submitted and filed with the City Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the following named applicants and locations for cigarette/tobacco sales permit. Low Cost Mart, 1397 Washington St, Dubuque, IA. 52001 th Passed, approved and adopted this 4 day of March, 2013. Kevin J. Lynch Pro Tem Attest: Kevin S. Firnstahl, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Jones 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 Resnick. Motion carried 6-0. Petition to Vacate - Portion of University Avenue Extension: City Manager recom- mending that a public hearing be set for March 18, 2013 to consider a request from Douglas Dolter, Dubuque Mattress, Inc., to vacate a portion of University Avenue Ex- tension adjacent to Iowa Auto Glass at 2796 University Avenue. Upon motion the doc- uments were received and filed and Resolution No. 74-13 Resolution of Intent to vacate and dispose of City interest in Lot 2A University Avenue Extension Place in the City of Dubuque, Iowa; and Resolution No. 75-13 Approving a Plat of the proposed vacating of a portion of University Avenue Extension Right-of-Way were adopted setting a public 10 hearing for a meeting to commence at 6:30 p.m. on March 18, 2013 in the Historic Fed- eral Building. RESOLUTION NO. 7413 - INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT 2A UNIVERSITY AVENUE EXTENSION PLACE IN THE CITY OF DUBUQUE, IOWA Whereas, Dubuque Mattress, Inc. has requested the vacating and disposal of a por- tion of University Avenue Extension Right of Way; and Whereas, IIW, P.C., has prepared and submitted to the City Council a plat showing a proposed vacated portion of University Avenue Extension Right of Way and assigned a lot number thereto, which hereinafter shall be known and described as Lot 2A University Extension Place in the City of Dubuque, Iowa, should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to vacate and dispose of its interest in Lot 2A University Extension Place in the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right to ingress and egress thereto, for the purpose of erecting, installing, construct- ing, reconstructing, repairing, owning, operating, and maintaining sanitary sewer and storm sewer as may be authorized by the City of Dubuque, Iowa, as shown on the Plat of Survey of Lot 2A University Extension Place in the City of Dubuque, Iowa. Section 3. That the conveyance of Lot 2A University Extension Place in the City of Dubuque, Iowa to Dubuque Mattress, Inc. be contingent upon the payment of $23,477.00, plus platting, publication, and filing fees. Section 4. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to vacate and dispose of said real estate to be published in the manner as prescribed by law. th Passed, approved and adopted this 4 day of February, 2013. Kevin J. Lynch, Mayor Pro Tem Attest: Kevin S. Firnstahl, CMC, City Clerk RESOLUTION NO. 75-13 APPROVING A PLAT OF THE PROPOSED VACATING OF A PORTION OF UNI- VERSITY AVENUE EXTENSION RIGHT OF WAY Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated February 11, 2013 prepared by IIW, P.C. describing a proposed vacated portion of University Avenue Extension to be known as Lot 2A University Extension Place in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated February 11, 2013 prepared by IIW, P.C., 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 authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, construct- ing, reconstructing, repairing, owning, operating, and maintaining a storm sewer and 11 sanitary sewer, as may be authorized by the City of Dubuque, Iowa as shown on the plat of Lot 2A University Extension Place in the City of Dubuque, Iowa 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. th Passed, approved and adopted this 4 day of March, 2013. Kevin J. Lynch, Mayor Pro Tem Attest: Kevin S. Firnstahl, CMC, City Clerk Petition to Vacate - Sanitary Sewer Easement at University Extension Place: City Manager recommending that a public hearing be set for March 18, 2013 to consider a request by Douglas Dolter of Dubuque Mattress, Inc. to consider the vacation of a sani- tary sewer easement in Lot 2 University Extension Place. Upon motion the documents were received and filed and Resolution No. 76-13 Resolution of Intent to dispose of city interest and vacate a Sanitary Sewer Easement over Lot 2 University Extension Place in the City of Dubuque, Dubuque County, Iowa, was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 18, 2013 in the Historic Federal Building. RESOLUTION NO. 76-13 INTENT TO DISPOSE OF CITY INTEREST AND VACATE A SANITARY SEWER EASEMENT OVER LOT 2 UNIVERSITY EXTENSION PLACE IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Dubuque Mattress, Inc. is the current owner of Lot 2 University Extension Place in the City of Dubuque, Iowa; and Whereas, an existing sanitary sewer easement is currently platted on said Lot 2 Uni- versity Extension Place; and Whereas, relocation of said sanitary sewer was constructed as part of the University Avenue Extension Project; and Whereas, Douglas Dolter, representing Dubuque Mattress, Inc., has petitioned to va- cate the existing sanitary sewer easement over and across said Lot 2 University Exten- sion Place. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest and vacate a sanitary sewer easement over Lot 2 University Extension Place in the City of Dubuque, Dubuque County, Iowa, as shown on the exhibit attached hereto. Section 2. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said interest to be published in the manner as prescribed by law. th Passed, approved and adopted this 4 day of March, 2013. Kevin J. Lynch, Mayor Pro Tem Attest: Kevin S. Firnstahl, CMC, City Clerk SEP Green Alley Permeable Pavers Project - Loras Boulevard and Arlington Streets from Prairie Street to Dell Street: City Manager recommending initiation of the public bidding procedure for the SEP Green Alley Permeable Pavers Project between Loras Boulevard and Arlington Streets from Prairie Street to Dell Street, and further recom- mends that a public hearing be set for March 18, 2013. Upon motion the documents 12 were received and filed and Resolution No. 77-13 Preliminary approval of plans, specifi- cations, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids SEP Green Alley Permeable Paver Project (Between Loras Boulevard and Arling- ton Streets from Prairie Street to Dell Street.) was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 18, 2013 in the Historic Federal Building RESOLUTION NO. 77-13 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC- IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS SEP GREEN ALLEY PERMEABLE PAVER PRO- JECT (BETWEEN LORAS BOULEVARD AND ARLINGTON STREETS FROM PRAI- RIE STREET TO DELL STREET.) NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the SEP Green Alley Permeable Pavers Project – Between Loras Boulevard and Arlington Streets from Prairie Street to Dell Street in the estimated amount of $216,229.42, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. th A public hearing will be held on the 18 day of March, 2013, at 6:30 p.m. in the His- toric Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The SEP Green Alley Permeable Pavers Project – Loras Boulevard and Arlington Streets from Prairie Street to Dell Street is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be pub- lished in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the st date for filing bids before 2:00 p.m. on the 21 day of March, 2013. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council st for final action at 6:30 p.m. on the 1 day of April, 2013, in the Historic Federal Building th Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa. th Passed, adopted and approved this 4 day of March, 2013 Kevin J. Lynch, Mayor Pro Tem Attest: Kevin S. Firnstahl, CMC, City Clerk 13 thth 30-Inch Force Main Project (Phase I - 9 - 11 Streets): City Manager recommending thth initiation of the bidding process for Phase I (9 Street to 11 Streets) of the 30-Inch thth Force Main Relocation Project and the water main on Elm Street from 9 to 11, and further recommends that a public hearing be set for March 18, 2013. Upon motion the documents were received and filed and Resolution No. 78-13 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the adver- th tisement for bids (Phase I of the 30 Inch Force Main Relocation Project From 9 Street th to 11 Street) was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 18, 2013 in the Historic Federal Building. RESOLUTION NO. 78-13 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC- IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS PHASE I OF THE 30 INCH FORCE MAIN RELO- THTH CATION PROJECT FROM 7 STREET TO 12 STREET NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for Phase I of thth the 30 inch Force Main Relocation Project from 7 Street to 12 Street, in the estimated amount $1,185,437.50, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. th A public hearing will be held on the 18 day of March, 2013, at 6:30 p.m. in the His- th toric Federal Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the pro- posed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. thth Phase I of the 30 inch Force Main Relocation Project from 7 Street to 12 Street is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be pub- lished in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the st date for filing bids before 2:00 p.m. on the 21 day of March, 2013. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council st for final action at 6:30 p.m. on the 1 day of April, 2013, in the Historic Federal Building th Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa. th Passed, adopted and approved this 4 day of March, 2013. Kevin J. Lynch, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk 14 Wilmac Property Company - Linseed Oil Paintworks Building: City Manager recom- mending that a public hearing be set a for March 18, 2013 to consider entering into a Development Agreement for the property located at 151 East 9th Street (Corner of 9th and Jackson). Upon motion the documents were received and filed and Resolution No. 79-13 Fixing the date for a public hearing of the City Council of the City of Dubuque, Io- wa, on the proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of a Development Agreement relating thereto with Wilmac Property Company, and providing for the publication of notice thereof was adopted setting a pub- lic hearing for a meeting to commence at 6:30 p.m. on March 18, 2013 in the Historic Federal Building. RESOLUTION NO. 79-13 FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS AND THE EXECUTION OF A DEVELOP- MENT AGREEMENT RELATING THERETO WITH WILMAC PROPERTY COMPANY, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, City and Wilmac Property Company have entered into a Development Agreement, subject to the approval of the City Council, a copy of which is now on file at the Office of the City Clerk, City Hall, 13th and Central Avenue, Dubuque, Iowa; and Whereas, the City Council has tentatively determined that it would be in the best in- terests of the City to approve the Development Agreement, with Wilmac Property Com- pany; and Whereas, it is deemed necessary and advisable that City should authorize Urban Renewal Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of Iowa, and to enter into the Development Agreement relating thereto for the purpose th of carrying out the rehabilitation of property located at 151 East 9 Street as hereinafter described; and Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or property owner of said City to such proposed action. 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 this Resolution and a notice to be published as prescribed by Iowa Code Section 403.9 of a public hearing on the City's intent authorize Urban Renewal Tax Increment Revenue obliga- th tions, to be held on the 18 day of March, 2013, at 6:30 o'clock p.m. in the City Council th Chambers at the Historic Federal Building, 350 W. 6 St., Dubuque, Iowa. Section 2. The City Council will meet at said time and place for the purpose of taking action on the matter of authorizing Urban Renewal Tax Increment Revenue obligations and the execution of the Development Agreement relating thereto with Wilmac Property Company, the proceeds of which obligations will be used to carry out certain of the spe- cial financing activities described in the Greater Downtown Urban Renewal District, consisting of the funding of economic developments grants to Wilmac Property Compa- ny pursuant to the Development Agreement under the terms and conditions of said West 11th Street Urban Revitalization District Plan. It is expected that the aggregate 15 amount of the Tax Increment Revenue obligations is approximately $435,000. Section 3. The Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, pub- lished at least once weekly, and having general circulation in said City, said publication to be not less than four days nor more than twenty days before the date of said meeting on the issuance of said obligations. Section 4. That the notice of the proposed action to issue said obligations shall be in substantially the form attached hereto. th Passed, approved and adopted this 4 day of March, 2013. Kevin J. Lynch, Mayor Pro Tem Attest: Kevin Firnstahl, City Clerk BOARDS/COMMISSIONS Appointments were made to the following Board: Mechanical Code Board: Two 3-Year terms through March 16, 2016 (Expiring terms of Billmeyer and Papin). Applicants: Ronald Billmeyer, 2375 Theda; Paul Papin, 2955 Jackson St. Motion by Braig to appoint Ronald Billmeyer and Paul Papin to 3-year terms through March 16, 2016. Seconded by Jones. Motion carried 6-0. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. Petition to Vacate - Portion of Old Highway Road: Proof of publication on notice of public hearing to consider disposal of a portion of Old Highway Road at the intersection of Radford Road for the National Guard Readiness Center and the City Manager rec- ommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 80-13 Disposing of City Interest In Lot 2-1-A Of The SE ¼ - SW ¼ Sec- th tion 29, T89N, R2E, 5 P.M. in the City of Dubuque, Dubuque County, Iowa; and Reso- lution No. 81-13 Vacating a portion of Old Highway Road near Radford Road in the City of Dubuque, Iowa. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 80-13 DISPOSING OF CITY INTEREST IN LOT 2-1-A OF THE SE ¼ - SW ¼ SECTION 29, TH T89N, R2E, 5 P.M. IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the nd City of Dubuque, Iowa on this 22 day of February, 2013, the City Council of the City of th Dubuque, Iowa met on the 4 day of March, 2013, at 6:30 p.m. in the Historic Federal th Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as Lot 2-1-A th of the SE ¼ - SW ¼ Section 29, T89N, R2E, 5 P.M. in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the proposal to sell such real estate, except for easement as noted. 16 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 2-1-A of th the SE ¼ - SW ¼ Section 29, T89N, R2E, 5 P.M. in the City of Dubuque, Dubuque County, Iowa, to the State of Iowa be and the same is hereby approved in exchange for a water main and fiber optic lines easement plus the cost of platting. Conveyance shall be by Quit Claim Deed. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, construct- ing, reconstructing, repairing, owning, operating, and maintenance may be authorized by the City of Dubuque, Iowa as shown on the Plat of Survey of Lot 2-1-A of the SE ¼ - th SW ¼ Section 29, T89N, R2E, 5 P.M. in the City of Dubuque, Dubuque County, Iowa. Section 3. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of con- veyance to the State of Iowa upon receipt of the purchase price in full. Section 4. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Re- corder and Dubuque County Auditor. th Passed, approved and adopted this 4 day of March, 2013 Kevin J. Lynch, Mayor Pro Tem Attest: Kevin S. Firnstahl, CMC, City Clerk RESOLUTION NO. 81-13 VACATING A PORTION OF OLD HIGHWAY ROAD NEAR RADFORD ROAD IN THE CITY OF DUBUQUE, IOWA Whereas, Richard Wolbers, AIA of Straka Johnson Architects representing the State of Iowa has requested the vacating of Old Highway Road near Radford Road in the City of Dubuque, Dubuque County, Iowa; and Whereas, Buesing & Associates, Inc. has prepared and submitted to the City Council th of the City of Dubuque, Iowa, a plat dated the 20 day November, 2012, showing the vacated portion of Old Highway Road, and assigned lot numbers thereto, which herein- th after shall be known and described as Lot 2-1-A in SE 1/4 SW ¼, T89N, R2E, 5 P.M. in the City of Dubuque, Dubuque County, Iowa; and Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the nd City of Dubuque, Iowa on this 22 day of February, 2013, the City Council of the City of th Dubuque, Iowa met on the 4 day of March, 2013, at 6:30 p.m. in the Historic Federal th Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Dubuque County, Iowa to consider the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that this por- tion of Old Highway Road is no longer required for public use, and vacating of said por- tion of Old Highway Road to be known as Lot 2-1-A of the SE ¼ - SW ¼ Section 29, th T89N, R2E, 5 P.M. in the City of Dubuque, Dubuque County, Iowa should be ap- proved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 17 Section 1. That the real estate described as Lot 2-1-A of the SE ¼ - SW ¼ Section th 29, T89N, R2E, 5 P.M. in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby vacated. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, construct- ing, reconstructing, repairing, owning, operating, and maintaining as may be authorized by the City of Dubuque, Iowa as shown on the Plat of Survey of Lot 2-1-A of the SE ¼ - th SW ¼ Section 29, T89N, R2E, 5 P.M. in the City of Dubuque, Dubuque County, Iowa. th Passed, approved and adopted this 4 day of March, 2013 Kevin J. Lynch, Mayor Pro Tem Attest: Kevin S. Firnstahl, CMC, City Clerk ACTION ITEMS Greater Dubuque Development Corporation - Quarterly Update: President and CEO Rick Dickinson presented the quarterly update on the activities of the Greater Dubuque Development Corporation. Topics included business retention and expansion, and workforce solutions. Motion by Jones to receive and file the information. Seconded by Resnick. Motion carried 6-0. Park & Recreation Commission - Pets in Parks Recommendation: Park & Recreation Commission submitting its recommendations regarding pets in city parks and on trails. by amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 5 Parks and Recreation By Adding Definitions Relating to Animals; Restricting Horsedrawn Vehicles; Permitting Dogs, Cats, and Domesticated Animals in Certain Parks, Open Spaces, and Trails Subject to Conditions; Establishing Leash and Waste Clean-Up Requirements; Prohibiting Animals Running At-Large Within Parks, Open Spaces, or Trails; Permitting the Exercising of Dogs off Leash in Certain Areas; and Re- vising Park, Open Spaces and Trail Descriptions. City Council discussion included conversation about child safety, health concerns, enforcement, compromises, possible monitoring for future revision, and acknowledging the Commission’s work and research. Motion by Jones to consider the first reading of the proposed ordinance. Seconded by Braig. Motion failed 5-1 with Braig voting yay. Code of Ordinances - Pawn/Secondhand Dealers & Junk/Salvage Operators Amendment: City Manager recommending adoption of the revised ordinance regarding Pawn/Secondhand Dealers and Junk/Salvage Operators. Police Chief Mark Dalsing and Assistant City Attorney Crenna Brumwell provided a brief presentation that provided background information about the process and public input used in the amendment pro- cess. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Motion carried 6-0. Motion by Connors for final consideration and passage of Ordinance No. 14-13 Amending City of Dubuque Code of Ordinances Title 4 Business and License Regula- tions by repealing Chapter 6 Junk and Secondhand Dealers and adopting a new Chap- 18 ter 6 Pawnbrokers and Secondhand Dealers; Junk and Autosalvage Dealers in lieu thereof. Seconded by Resnick. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 14-13 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS BY REPEALING CHAPTER 6 JUNK AND SECONDHAND DEALERS AND ADOPTING A NEW CHAPTER 6 PAWNBROKERS AND SECONDHAND DEALERS; JUNK AND AUTOSALVAGE DEALERS IN LIEU THEREOF NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 4, Chapter 6 of the City of Dubuque Code of Ordinances is amended as set forth in the attached Chapter 6. Section 2. This Ordinance takes effect upon publication. th Passed, approved, and adopted the 4 day of March, 2013. /s/Kevin J. Lynch, Mayor Pro Tem Attest: /s/Kevin S. Firnstahl, CMC, City Clerk th Published officially in the Telegraph Herald newspaper on the 8 day of March, 2013. /s/Kevin S. Firnstahl, CMC, City Clerk CHAPTER 6 PAWNBROKERS AND SECONDHAND DEALERS; JUNK AND AUTOSALVAGE DEALERS ARTICLE A. PAWNBROKERS AND SECONDHAND DEALERS 4-6A-1: DEFINITIONS: For the purposes of this chapter, the following definitions apply: City Manager : The city manager or the city manager’s designee. Pawnbroker : Any person who makes loans or advancements upon pawn, pledge, or deposit of personal property, who receives actual possession of personal property as security for a loan, with or without a mortgage or bill of sale, who receives actual pos- session of property for resale, or otherwise holds themselves out as a pawnbroker. Person of good moral character: Any person who meets all of the following re- quirements: 1. The person has such financial standing and good reputation as will satisfy the city council that the person will comply with all the laws, provisions of the Code, other City ordinances, and regulations applicable to the person’s operations under state law. However, the city council will not require the person to post a bond to meet the require- ments of this paragraph. 2. Notwithstanding subsection (5) of this definition, the applicant is a citizen or legal resident of the United States; in the case of a corporation, is licensed to do business in the state of Iowa; or in the case of a partnership, only one (1) general partner need to be a citizen or legal resident. 3. The person has not been convicted of a felony. However, if a conviction of a felony occurred more than five (5) years before the application for a license or permit and if the person’s rights of citizenship have been restored, the city manager may determine that said person is a person of moral character notwithstanding the conviction. 4. The person has not been convicted of a crime involving robbery, burglary, theft, 19 forgery, fraud, or deceptive practices, the possession, manufacture, or delivery of a con- trolled substance, possession with intent to manufacture or deliver a controlled sub- stance, possession of drug paraphernalia, or nonpayment of excise taxes for a con- trolled substance, nonpayment of other taxes, or demonstrated insolvency. 5. The requirements of this subsection apply to the following: a. Each of the officers, directors, and partners of such person. b. A person who directly or indirectly owns or controls ten percent (10%) or more of any class of stock of such person. c. A person who directly or indirectly has an interest of ten percent (10%) or more in the ownership or profits of such person. Secondhand dealer : Any person who purchases or receives used goods or materi- als for the purpose of resale and who possesses a state of Iowa retail sales tax per- mit or who, while not required to possess a state of Iowa retail sales tax permit, ad- vertises and purchases or receives items described in section 4-6A-13(A). Nonprofit corporations and businesses which are not primarily engaged in a sale of secondhand goods are exempt from this chapter. 4-6A-2: PENALTIES: Failure to comply with this chapter is deemed a violation of the Code of Ordinances and is punishable as provided in Chapter 1. Each day of noncompliance with this chap- ter is deemed a separate offense. 4-6A-3: LICENSE: A. License Required; Application: No person may engage in the business of pawn- broker or secondhand dealer without first obtaining a license therefore. Applications for such licenses must be filed with the city clerk and issued by the city clerk. B. License Authorization: The license serves as authorization for a particular person to engage in business at a specific location. C. Annual Renewal; Nonrefundable Fee; License Term: 1. The license for pawnbrokers or secondhand dealers must be renewed annual- ly. 2. A nonrefundable fee established by the city manager will be collected at the time of renewal. st 3. All licenses expire on February 1 of each year. 4-6A-4: PERSONS ELIGIBLE: Upon meeting the requirements of this Code, a person who is of good moral charac- ter may apply for a license. In the case of a club, corporation, or partnership, the officers of the club or corporation and the partners of a partnership must be persons of good moral character as defined by state law and this chapter. 4-6A-5: APPLICATION CONTENTS: Applications for the original issuance or the renewal of licenses must be filed at the time and in the number of copies as the city manager prescribes, on forms prescribed by the city manager, and must set forth under oath the following information: 1. The name and address of the applicant. 2. The precise location of the premises for which a license is sought. 3.The names and addresses of all persons, or in the case of a corporation, the officers, directors, and persons owning or controlling ten percent (10%) or more of the capital stock thereof, having a financial interest, by way of loan, ownership, or otherwise in the business. 4. A statement whether any person specified in subsection 3 has ever been con- 20 victed of any offense against the laws of the United States, or any state or territo- ry thereof, or any political subdivision of any such state or territory. 5. Such other information as the city manager requires. 4-6A-6: INVESTIGATION OF APPLICANT AND PREMISES: Upon receipt of an original application for a license, the city clerk will forward the ap- plication to the chief of police, who will conduct an investigation and submit a written re- port on the applicant as to the truth of the facts averred in the application and a recom- mendation to the city manager as to the approval of the license or permit. 4-6A-7: PROOF OF FINANCIAL RESPONSIBILITY: Each licensee must furnish proof of financial responsibility either by the existence of a liability insurance policy or by posting bond in such amount as determined by the city manager. 4-6A-8: DISPLAY OF LICENSE: The license provided for herein is valid only for the location designated in the applica- tion and must be prominently displayed therein at all times. 4-6A-9: EXEMPTIONS FROM CHAPTER: This chapter does not apply to or include the following: 1. Solicitors governed by Title 4, Chapter 5 of the City of Dubuque Code of Ordi- nances, except for purchases of gold, bullion, ingots, precious metals, and jewel- ry which will be subject to the provisions of the pawnbroker and secondhand dealer regulations. 2. The sale of secondhand goods where the following are present: a. The sale is held on property occupied as a dwelling by the seller or owned, rented, or leased by a charitable or political organization; b. The items offered for sale are owned by the occupant or seller; that no sale exceeds a period of seventy-two (72) consecutive hours; and that no more than three (3) sales are held in any twelve (12) month period; c. The sale of goods at an auction held by a licensed auctioneer; d. A bulk sale of property from a merchant, manufacturer, or wholesaler having an established place of business or open sale from bankrupt stock; e. Goods sold at the public market, i.e., farmers market, etc.; and, f. CDs, DVDs, video tapes, and other similar mediums of transmitting im- ages or sounds, video games, and gaming systems that are not originally manufactured with a serial number. 3. Items bought, sold, or traded under a Federal Firearms License. 4. The return of secondhand items for credit, exchange or refund to the person from whom said items were originally obtained, provided that the items were not secondhand items when originally obtained. 4-6A-10: DENIAL, SUSPENSION, OR REVOCATION OF LICENSE: A. Reasons For Denial, Suspension, Or Revocation: The city manager may, upon good cause, deny issuance or renewal of a license or suspend or revoke any license issued under this chapter for a period not to exceed one (1) year for any of the follow- ing: 1. Violation of any federal, state, or local law, including but not limited to a vio- lation of this chapter or any other chapter of this Code; 2. Misrepresentation of any material fact in the application for a license; 3. Failure to cooperate with law enforcement; and, 4. The licensee, owner, manager, partner, corporate officer, or director has 21 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. B. Holding Other Licenses During License Suspension: Any licensee whose license is suspended may not, during said suspension, hold any other license under this chap- ter. C. License Revocation; Time Period For Reapplication: Any licensee whose license is revoked may not apply for any license under this chapter for one (1) year following the revocation. D. Issuance To Relatives Or Financially Interested Persons During License Suspen- sion: No new license will be issued to the spouse, relative within the first degree of con- sanguinity as defined by the Iowa Code, or any person holding a financial interest in the licensed premises during the period the license has been suspended. E. Notice Of License Suspension Or Revocation: The city manager will cause to be issued a notice that said license is suspended or revoked and therein set forth the rea- son(s) therefore. Said notice must be sent by certified United States mail to the regis- tered business address on file with the city clerk or by personal service as provided by Iowa law. F. Appeal City Manager Decision To City Council: A written notice of appeal to the city council from a decision of the city manager must be filed with the city clerk by the licensee within ten (10) days from the receipt of the notice of suspension or revocation. 4-6A-11: REQUIRED RECORDS: A. Pawnbrokers and secondhand dealers as defined in this chapter must provide an electronic transaction of all articles of any kind purchased or received using the City’s electronic reporting system as approved by the city manager. Businesses that sell, deal, or trade in electronic media/gaming systems must report all merchandise originally manufactured with a serial number. The report must be a full, true, and complete report of all goods, wares, merchandise, or items obtained on deposit, pledge, or purchase, or otherwise received. The report must contain, but is not limited to, the following: 1. A description of the person from whom the goods were acquired, including: a. Name, address, phone number, height, weight, date of birth, race, gender, hair color, eye color, and any other identifying marks; and, b. Means of identification used including the type exhibited, the issuing agency, and the number thereon. 2. Date, time, and place of the transaction; 3. A detailed and accurate description of each article received including make, mod- el, serial number, or identifying mark(s); 4. A record of whether the transaction was a purchase, security, consignment trans- action, or donation; 5. A record of monies paid or loaned and which may be maintained separately but which must be available for inspection in the course of examination of individual transactions; 6. The electronic reporting system will provide for an upload of a complete electronic report. Each pawnbroker and secondhand dealer as defined by this chapter must at the end of each day provide an electronic upload to the electronic reporting system 22 of all transactions that occurred during that business day. 4-6A-12: PROHIBITED ACTS: A. Purchases from Minors Restricted: No pawnbroker or secondhand dealer, and no clerk, agent, or employee thereof may purchase or receive property from any person under the age of eighteen (18) years without first obtaining and receiving the written consent of the parent or guardian of such person. Such written consent must be made a part of the required records and subject to all provisions of this chapter. B. Altered or Tampered with Serial Numbers: No pawnbroker or secondhand dealer, and no clerk, agent, or employee thereof may receive any goods or materials presented with an altered or tampered with serial number. C. Identification Required: No pawnbroker or secondhand dealer will receive any goods or materials unless the seller presents one (1) picture identification or two (2) other forms of identification. Proper identification consists of, but is not limited to, driv- er’s license, picture identification, birth certificate, draft card, military identification card, and/or major credit card. D. Display of Goods: No goods or merchandise may be stored or displayed on any public right-of-way, public street, sidewalk, alley, or public parking area. 4-6A-13: PURCHASES, SECURITY, AND CONSIGNMENT TRANSACTIONS: A. Application Of Chapter To Certain Goods And Materials: The purchase or receipt, including but not limited to, the following listed goods or materials as a purchase, a se- curity, a consignment transaction, or a donation is governed by this chapter: Bicycles Coins Collectibles Computers, software, and computer accessories Construction equipment Electronic equipment Firearms Glassware Household appliances Hunting and fishing equipment Jewelry Lawn and garden tools, equipment, and furnishings Motor vehicles Motor vehicle parts and equipment Musical instruments Photographic/video parts and equipment Precious and semiprecious stones Precious metals in the form of bullion or ingots Radio equipment Rare books Silver/silverware Sporting goods Stereo equipment Television equipment Tools Untitled motor vehicles Video game systems, originally manufactured with a serial number 23 Works of art B. Jewelry: Antique, new, used or scrap jewelry, and precious metals must be re- tained in the local place of business and it is unlawful to change the form of said items by melting, remounting, cutting up, or otherwise changing the form of said items for a period of five (5) days from the time of said transaction. C. Exempt Items: The following listed items are exempt from the provisions of this chapter: 1. Beverage containers; and, 2. Scrap paper. 4-6A-14: INSPECTION: A. The merchant must, during business hours, permit a duly authorized police officer to inspect the entire premises covered by the license, including all records that may have any relationship to the operation of the business. B. The police may seize, with proper seizure notice, or require the pawnbroker or secondhand dealer to hold property which the police have probable cause to believe is stolen property. A receipt will be given to the merchant for all property seized. If the po- lice have not seized or picked up the property within thirty (30) days from the date of no- tification to the merchant, said merchant may dispose of the property. Said merchant may petition the Court at the conclusion of any criminal investigation and/or proceeding for return of any unclaimed merchandise confiscated from their possession related to the investigation or prosecution. Said merchant may also be eligible for assistance from the State of Iowa Crime Victim Compensation Fund. ARTICLE B. JUNK DEALERS AND AUTO SALVAGE DEALERS 4-6B-1: DEFINITIONS: For the purposes of this chapter, the following definitions apply: Auto Salvage Dealer: Any person who engages in the business of buying or receiv- ing motor vehicles, motorcycles, motorized bicycles, or parts thereof, or tires for re- sale in whole or in part as junk or as used parts. City manager : The city manager or the city manager’s designee. Junk : Old or scrap copper, aluminum, brass, iron, steel, old or scrap ferrous or non- ferrous material, wire, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled, wrecked, or parts of motor vehicles, motorcycles, or motorized bicycles. Junk dealer : Any person who purchases or receives any of the items listed in section 4-6B-13(A) for the purpose of resale and who possesses a state of Iowa retail sales tax permit. Person of good moral character : Any person who meets all of the following re- quirements: 1. The person has such financial standing and good reputation as will satisfy the city council that the person will comply with all the laws, provisions of the Code, other City ordinances, and regulations applicable to the person’s operations under state law. However, the city council will not require the person to post a bond to meet the require- ments of this paragraph. 2. Notwithstanding subsection (5) of this definition, the applicant is a citizen or legal resident of the United States; in the case of a corporation, is licensed to do business in the state of Iowa; or in the case of a partnership, only one (1) general partner need to be a citizen or legal resident. 3. The person has not been convicted of a felony. However, if a conviction of a felony 24 occurred more than five (5) years before the application for a license or permit and if the person’s rights of citizenship have been restored, the city manager may determine that said person is a person of moral character notwithstanding the conviction. 4. The person has not been convicted of a crime involving robbery, burglary, theft, forgery, fraud, or deceptive practices, the possession, manufacture, or delivery of a con- trolled substance, possession with intent to manufacture or deliver a controlled sub- stance, possession of drug paraphernalia, or nonpayment of excise taxes for a con- trolled substance, nonpayment of other taxes, or demonstrated insolvency. 5. The requirements of this subsection apply to the following: a. Each of the officers, directors, and partners of such person. b. A person who directly or indirectly owns or controls ten percent (10%) or more of any class of stock of such person. c. A person who directly or indirectly has an interest of ten percent (10%) or more in the ownership or profits of such person. 4-6B-2: PENALTIES: Failure to comply with this chapter is deemed a violation of the Code of Ordinances and is punishable as provided in Chapter 1. Each day of noncompliance with this chap- ter is deemed a separate offense. 4-6B-3: LICENSE: A. License Required; Application: No person may engage in the business of junk dealer or auto salvage dealer without first obtaining a license therefore. Applications for such licenses must be filed with the city clerk and issued by the city clerk. B. License Authorization: The license serves as authorization for a particular person to engage in business at a specific location. C. Annual Renewal; Nonrefundable Fee; License Term: 1. The license for junk dealers or auto salvage dealers must be renewed annual- ly. 2. A nonrefundable fee established by the city manager will be collected at the time of renewal. st 3. All licenses expire on February 1 of each year. 4-6B-4: PERSONS ELIGIBLE: Upon meeting the requirements of this Code, a person who is of good moral charac- ter may apply for a license. In the case of a club, corporation, or partnership, the officers of the club or corporation and the partners of a partnership must be persons of good moral character as defined by state law and this chapter. 4-6B-5: APPLICATION CONTENTS: Applications for the original issuance or the renewal of licenses must be filed at the time and in the number of copies as the city manager prescribes, on forms prescribed by the city manager, and must set forth under oath the following information: 1. The name and address of the applicant. 2. The precise location of the premises for which a license is sought. 3. The names and addresses of all persons, or in the case of a corporation, the officers, directors, and persons owning or controlling ten percent (10%) or more of the capital stock thereof, having a financial interest, by way of loan, ownership, or otherwise in the business. 4. A statement whether any person specified in subsection 3 has ever been con- victed of any offense against the laws of the United States, or any state or territo- ry thereof, or any political subdivision of any such state or territory.5. Such other 25 information as the city manager requires. 4-6B-6: INVESTIGATION OF APPLICANT AND PREMISES: Upon receipt of an original application for a license, the city clerk will forward the ap- plication to the chief of police, who will conduct an investigation and submit a written re- port on the applicant as to the truth of the facts averred in the application and a recom- mendation to the city manager as to the approval of the license or permit. 4-6B-7: PROOF OF FINANCIAL RESPONSIBILITY: Each licensee must furnish proof of financial responsibility either by the existence of a liability insurance policy or by posting bond in such amount as determined by the city manager. 4-6B-8: DISPLAY OF LICENSE: The license provided for herein is valid only for the location designated in the applica- tion and must be prominently displayed therein at all times. 4-6B-9: EXEMPTIONS FROM CHAPTER: This chapter does not apply to or include solicitors governed by Title 4, Chapter 5 of the City of Dubuque Code of Ordinances. 4-6B-10: DENIAL, SUSPENSION OR REVOCATION OF LICENSE: A. Reasons For Denial, Suspension, Or Revocation: The city manager may, upon good cause, deny issuance or renewal of a license or suspend or revoke any license issued under this chapter for a period not to exceed one (1) year for any of the follow- ing: 1. Violation of any federal, state, or local law, including but not limited to a viola- tion of this chapter or any other chapter of this Code; 2. Misrepresentation of any material fact in the application for a license; 3. Failure to cooperate with law enforcement; and, 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 substance, posses- sion of drug paraphernalia, or nonpayment of excise taxes for a controlled sub- stance, nonpayment of other taxes, or demonstrated insolvency. B. Holding Other Licenses During License Suspension: Any licensee whose license is suspended may not, during said suspension, hold any other license under this chap- ter. C. License Revocation; Time Period For Reapplication: Any licensee whose license is revoked may not apply for any license under this chapter for one (1) year following the revocation. D. Issuance To Relatives Or Financially Interested Persons During License Suspen- sion: No new license will be issued to the spouse, relative within the first degree of con- sanguinity as defined by the Iowa Code, or any person holding a financial interest in the licensed premises during the period the license has been suspended. E. Issuance To Relatives Or Financially Interested Persons Following License Revo- cation: No new license under this chapter will be issued to the spouse or relative within the first degree of consanguinity as defined by the Iowa Code or any person holding a financial interest in the licensed premises for one (1) year after revocation. F. Notice Of License Suspension Or Revocation: The city manager will cause to be issued a notice that said license is suspended or revoked and therein set forth the rea- son(s) therefore. Said notice must be sent by certified United States mail to the regis- 26 tered business address on file with the city clerk or by personal service as provided by Iowa law. G. Appeal City Manager Decision To City Council: A written notice of appeal to the city council from a decision of the city manager must be filed with the city clerk by the licensee within ten (10) days from the receipt of the notice of suspension or revocation. 4-6B-11: REQUIRED RECORDS: A. Junk dealers as defined in this chapter must maintain a record of all articles of any kind purchased or received. The record must be a full, true, and complete report of all goods, wares, merchandise, or items obtained on deposit, pledge, or purchase, or oth- erwise received. The report must contain, but is not limited to, the following: 1. A description of the person from whom the goods were acquired, including: a. Name, address, phone number, date of birth, and general description of the person; and, b. Means of identification used including the type exhibited, the issuing agency, and the number thereon. 2. Date, time, and place of the transaction; 3. A detailed and accurate description of each article received including make, model, serial number, or identifying mark(s). In the case of junk, a general de- scription of the composition of aggregate purchase is sufficient; 4. A record of whether the transaction was a purchase or donation; 5. A record of monies paid which may be maintained separately but which must be available for inspection in the course of examination of individual transactions; and, 6. A record of the name, address, and how an article was disposed of. B. Auto salvage dealers as defined in this chapter must maintain a record of all arti- cles of any kind purchased or received. The record must be a full, true, and complete report of all goods, wares, merchandise, or items obtained on deposit, pledge, or pur- chase, or otherwise received. The report must contain, but is not limited to, the follow- ing: 1. A description of the person from whom the goods were acquired, including: a. Name, address, phone number, date of birth, and general description of the person; and, b. Means of identification used including the type exhibited, the issuing agency, and the number thereon. 2. Date, time, and place of the transaction; 3. A description of each article received including make, model, serial number, or identifying mark(s); 4. A record of whether the transaction was a purchase or donation; 5. A record of monies paid which may be maintained separately but which must be available for inspection in the course of examination of individual transactions; 6. A record of the name, address, and how an article was disposed of; and, 7. The vehicle identification number (VIN) and all records as required by the De- partment of Transportation. 4-6B-12: PROHIBITED ACTS: A. Purchases from Minors Restricted: No junk dealer or auto salvage dealer, and no clerk, agent, or employee thereof may purchase or receive property from any person under the age of eighteen (18) years without first obtaining and receiving the written consent of the parent or guardian of such person. Such written consent must be made a 27 part of the required records and subject to all provisions of this chapter. B. Altered or Tampered with Serial Numbers: No junk dealer or auto salvage dealer, and no clerk, agent, or employee thereof may receive any goods or materials presented that have an altered or tampered with serial number or vehicle identification number for items originally manufactured with a serial number or vehicle identification number. C. Identification Required: No junk dealer or auto salvage dealer will receive any goods or materials unless the seller presents one (1) picture identification or two (2) other forms of identification. Proper identification consists of, but is not limited to, driv- er’s license, picture identification, birth certificate, draft card, military identification card, and/or major credit card. D. Display of Goods: No goods or merchandise may be stored or displayed on any public right-of-way, public street, sidewalk, alley, or public parking area. 4-6B-13: PURCHASES OR DONATION TRANSACTIONS: A. Application Of Chapter To Certain Goods And Materials: The purchase or receipt of the following listed goods or materials as a purchase or a donation is governed by this chapter: Bicycles Collectibles Computers, software, and computer accessories Construction equipment Electronic equipment Firearms Glassware Household appliances Household furniture Hunting and fishing equipment Jewelry Junk Lawn and garden tools, equipment, and furnishings Motor vehicles Motor vehicle parts and equipment Musical instruments Photographic/video parts and equipment Precious and semiprecious stones Precious metals and coins, including but not limited to, gold, silver, platinum, tita- nium, and tungsten Radio equipment Rare books Silver/silverware Sporting goods Stereo equipment Television equipment Tools Untitled motor vehicles Video game systems, originally manufactured with a serial number Works of art B. Exempt Items: The following listed items are exempt from the provisions of this chapter: 28 1. Beverage containers; and, 2. Scrap paper. 4-6B-14: INSPECTION: A. The merchant must, during business hours, permit a duly authorized police officer to inspect the entire premises covered by the license, including all records that may have any relationship to the operation of the business. B. The police may seize, with proper seizure notice, or require the junk dealer or auto salvage dealer to hold property which the police have probable cause to believe is sto- len property. A receipt will be given to the merchant for all property seized. If the police have not seized or picked up the property within thirty (30) days from the date of notifi- cation to the merchant, said merchant may dispose of the property. 4-6B-15: SCREENING REQUIREMENTS FOR JUNK AND SALVAGE OPERATIONS: A. Approval Of Screening Plan: An operator of a junkyard/salvage operation must submit to the city manager a screening plan which must be approved for each individual premises. The screening plan must integrate the screen with the natural surroundings and consider and make provisions to assure reasonable access to the screen for pur- poses of maintaining the screens. B. Purpose Of Screening: The purpose of screening is to eliminate the visual impact of the junkyard contents by obscuring it from view outside the premises. C. Materials For Use In Screening: Materials for use in screening of junkyard general- ly consist of natural elements, plantings, fences, or other appropriate means such as storage sheds, buildings, and other similar elements. 1. Natural elements are earthen berms, rock formations, wooded areas, or other similar elements. 2. Plantings are shrubs and trees of such types as to provide year-round ob- scurement commensurate with local site conditions. All plant material used for screening must be of a size and quantity to provide obscurement. 3. Screens must be made of wood, metal, or other materials commonly used in the building trade and be of such height and type as necessary to provide ob- scurement. Screens must be designed to withstand a minimum wind load of twenty (20) pounds per square foot and of a permanent nature. All materials used for finishing screens must be a non-reflective material which will blend with the natural surroundings. Screening must not be placed in any manner so that ei- ther the screen or the maintenance of screen will create or contribute to the crea- tion of a safety hazard or endanger public safety, nor will it interfere with the pub- lic's use of any right-of-way. D. Maintenance Requirements: Junkyard/salvage operators must maintain the screening in a condition equal to the original installation of the screening. Maintenance includes, but is not limited to, the following items: 1. Replacement of plant material which is dead or has been damaged so that it no longer serves the intended purpose of screening the operation. 2. Screen maintenance includes the renewal of the surface treatment with stains, paints, or other appropriate materials when needed and the replacement of panels, sections, members, or support structures of the screening when neede Parking Lot Request - 156 Main Street: City Manager recommending approval of a request from Platinum Supplemental Insurance, Inc. to construct a new surface off- street parking lot at 156 Main Street in the Old Main Historic District. Motion by Braig to 29 receive and file the documents and approve the recommendation. Seconded by Con- nors. Motion carried 5-1 with Jones voting nay. Code of Ordinances - Electric Transmission Line Company Licensing: City Manager recommending approval of an Electric Transmission Line Company Licensing Ordi- nance. 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 Connors. Motion carried 6-0. Motion by Jones for final consideration and passage of Ordinance No. 15-13 Estab- lishing the procedure for licensing electric transmission line companies. Seconded by Connors. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 15-13 ESTABLISHING THE PROCEDURE FOR LICENSING ELECTRIC TRANSMISSION LINE COMPANIES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances Title 11 Rights of Way is amended by adding the following: CHAPTER 6 PROCEDURE FOR LICENSING ELECTRIC TRANSMISSION LINE COMPANIES 11-6-1: GRANT OF LICENSE A. The city council may grant to any person a license to erect, maintain, and operate an electric transmission line within the city. B. The license may regulate the conditions required and the manner of use of the streets and public grounds of the city. 11-6-2: LICENSEE FEE A. A license fee will be assessed by the city council based upon the city's cost of in- specting, supervising, and otherwise regulating the licensee’s operations. B. The licensee shall also pay the city a franchise fee of five percent (5%) of gross rev- enues generated from sales of the franchisee within the city. 11-6-3: PETITION FOR LICENSE — INFORMATIONAL MEETINGS HELD A. Any person authorized to operate electric transmission lines in the state may file a verified petition with the city clerk asking for a license to erect, maintain, and operate a line or lines for the transmission of electric current and for such purpose to erect, use, and maintain poles, wires, guy wires, towers, cables, conduits, and other fix- tures and appliances necessary for conducting electric current over, along, and across any city lands or rights of way. B. As condition precedent to the filing of a petition requesting a license for a new trans- mission line, and not less than thirty days prior to the filing of such petition, the per- son shall hold a public informational meeting. C. The meeting shall be held in the City of Dubuque at a location reasonably accessible to all persons that may be interested in the granting of the license. D. The person seeking the license for a new transmission line shall publish notice of the informational meeting. The notice shall contain the following: 1. The name of the applicant. 30 2. The applicant's principal place of business. 3. A general description and purpose of the proposed project. 4. The general nature of the right-of-way desired. 5. A map showing the route of the proposed project including the location of all tow- ers, poles, and other equipment. 6. A description of all towers, poles, and other equipment to be constructed or in- stalled. 7. The place and time of the meeting. E. The notice shall be published not less than thirty days prior to the time set for the meeting once in a newspaper of general circulation in the city at least one week and not more than three weeks before the time of the meeting. 11-6-4: PETITION A. All petitions shall set forth: 1. The name of the individual, company, or corporation asking for the license. 2. The principal office or place of business. 3. The starting points, routes, and termini of the proposed lines, accompanied with a map or plat showing such details, including the location of all towers, poles, and other equipment and a detailed description of all towers, poles, and other equip- ment to be constructed or installed. 4. A general description of the public or private lands, highways, and streams over, across, or along which any proposed line will pass. 5. General specifications as to materials and manner of construction. Whether the transmission lines will be above-ground or underground, and if above-ground, the petitioner’s detailed explanation why the lines will not be underground. 6. The maximum voltage to be carried over each line. 7. An allegation that the proposed construction is in the public interest. B. Petitions for transmission lines capable of operating at sixty-nine kilovolts or more shall also set forth an allegation that the proposed construction represents a reason- able relationship to an overall plan of transmitting electricity in the public interest and substantiation of such allegations, including but not limited to, a showing of the fol- lowing: 1. The relationship of the proposed project to present and future economic develop- ment of the area. 2. The relationship of the proposed project to comprehensive electric utility planning. 3. The relationship of the proposed project to the needs of the public presently served and future projections based on population trends. 4. The relationship of the proposed project to the existing electric utility, gas, storm water, sanitary sewer, water and fiber systems and parallel existing utility routes. 5. The relationship of the proposed project to any other power system planned for the future. 6. The possible use of alternative routes and methods of supply. 7. The relationship of the proposed project to the present and future land use and zoning ordinances. 8. The inconvenience or undue injury which may result to property owners as a re- sult of the proposed project. C. The city council may waive the proof required for such allegations which are not ap- plicable to a particular proposed project. D. The petition shall contain an affidavit stating that the required informational meeting 31 was held and the time and place of such meeting. 11-6-5: PUBLIC HEARING A. When considering whether to grant, amend, extend, or renew a license, the city council shall hold a public hearing on the question. Notice of the time and place of the hearing shall be published as provided in Iowa Code section 362.3. The city council shall consider the petition and any objections filed to it. It shall examine the proposed route or cause any engineer selected by it to do so. It may hear testimony as may aid it in determining the propriety of granting the license. It may grant the li- cense in whole or in part upon the terms, conditions, and restrictions, and with the modifications as to location and route as may seem to it just and proper. B. A license shall not become effective until the petitioner shall pay, or file an agreement to pay, all costs and expenses of the license proceeding, whether or not objections are filed, including costs of inspections or examinations of the route, hearing, pub- lishing of notice, and any other expenses reasonably attributable to it. 11-6-6: MANNER OF CONSTRUCTION A. Such lines shall be built of strong and proper wires attached to strong and sufficient supports properly insulated at all points of attachment; all wires, poles, and other de- vices which by ordinary wear or other causes are no longer safe shall be removed and replaced by new wires, poles, or other devices, as the case may be, and all abandoned wires, poles, or other devices shall be at once removed. Where wires carrying current are carried across, either above or below wires used for other ser- vice, the said transmission line shall be constructed in such manner as to eliminate, so far as practicable, damages to persons or property by reason of said crossing. There shall also be installed sufficient devices to automatically shut off electric cur- rent through said transmission line whenever connection is made whereby current is transmitted from the wires of said transmission line to the ground, and there shall al- so be provided a safe and modern improved device for the protection of said line against lightning. The city council shall have power to make and enforce such further and additional rules relating to location, construction, operation and maintenance of said transmission line as may be reasonable. B. All transmission lines, wires or cables for the transmission, distribution or sale of electric current at any voltage shall be constructed and maintained in accordance with standards adopted by rule by the Iowa utilities board. 11-6-7: DISTANCE FROM BUILDINGS No transmission line shall be constructed, except by agreement, within two hundred fifty feet of any dwelling house or other building, except where said line crosses or passes along a public highway or is located alongside or parallel with the right-of-way of any railway company. In addition to the foregoing, each person, company, or corporation shall conform to any other rules, regulations, or specifications established by the Iowa utilities board, in the construction, operation, or maintenance of such lines. 11-6-8: NONUSE — REVOCATION OF LICENSE — EXTENSIONS OF TIME A. If the improvement for which a license is granted is not constructed in whole or in part within two years from the date the license is granted, the license shall be forfeited, unless the person holding the license petitions the city council for an extension of time. B. Upon a showing of sufficient justification for the delay of construction, the city council may grant one or more extensions of time for periods up to two years for each ex- tension. 32 11-6-9: WIRES ACROSS RAILROAD RIGHT-OF-WAY AT HIGHWAYS No corporation or person shall place or string any such wire for transmitting electric cur- rent or any wire whatsoever across any track of a railroad except in the manner pre- scribed by the utilities board. Section 2. This ordinance takes effect upon publication. th Passed, approved and adopted the 4 day of March, 2013. /s/Kevin J. Lynch, Mayor Pro Tem Attest: /s/Kevin S. Firnstahl, City Clerk th Published officially in the Telegraph Herald newspaper on the 8 day of March, 2013. /s/Kevin S. Firnstahl, City Clerk Code or Ordinances - Solicitor's License: City Manager recommending adoption of a new Title 4, Chapter 5, Solicitor's License, that combines the existing Title 4, Chapter 5, Door to Door Sales and Title 4, Chapter 9, Peddlers and Transient Merchants. Motion by Braig 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 Resnick. Motion carried 6-0. Motion by Braig for final consideration and passage of Ordinance No. 16-13 Amend- ing City of Dubuque Code of Ordinances Title 4 Business and License Regulations by repealing Chapter 5 Door to Door Sales and Chapter 9 Peddlers and Transient Mer- chants and adopting a new Chapter 5 Solicitor's License in lieu thereof. Seconded by Jones. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 16-13 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS BY REPEALING CHAPTER 5 DOOR TO DOOR SALES AND CHAPTER 9 PEDDLERS AND TRANSIENT MERCHANTS AND ADOPTING A NEW CHAPTER 5 SOLICITOR’S LICENSE IN LIEU THEREOF Whereas, City of Dubuque Code of Ordinances Title 4, Chapter 5 provides for the li- censing and regulation of door to door salespeople; and Whereas, City of Dubuque Code of Ordinances Title 4, Chapter 9 provides for the li- censing and regulation of peddlers and transient merchants; and Whereas, the City Council finds that it is in the best interest of the City of Dubuque to combine the licensing of similar mobile businesses into one ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances Title 4, Chapter 5 and Chapter 9 are repealed. Section 2. Chapter 5 and Chapter 9 attached hereto are hereby adopted. Section 3. This Ordinance takes effect upon publication. th Passed, approved, and adopted the 4 day of March, 2013. /s/Kevin J. Lynch, Mayor Pro Tem Attest: /s/Kevin S. Firnstahl, City Clerk th Published officially in the Telegraph Herald newspaper on the 4 day of March, 2013. 33 /s/Kevin S. Firnstahl, City Clerk CHAPTER 5 SOLICITOR’S LICENSE 4-5-1: DEFINITIONS: As used in this chapter, the following term has the following meaning: SOLICITOR: Any person engaging in the following: A. Offering and exposing goods, wares, merchandise, products, or ser- vices for sale, or taking or soliciting orders for goods, wares, merchandise, products, or services for future delivery from place to place, house to house, door to door, or street to street, whether the person collects ad- vance payments for such sales or not; but excluding calling upon or solicit- ing business establishments, professional offices, or institutions, exclu- sively, or calling on prospective customers by appointment only. B. Selling goods, wares, merchandise, products, or services from any fixed or temporary location, which is temporarily maintained or when such business is intermittently carried on and there is no intention to conduct the same permanently within the city, but excluding temporarily locating in the city and engaging in the taking of orders for merchandise or services, whether for immediate or future delivery. Any person is presumed to be temporarily or intermittently selling or offering to sell goods or services, un- less such person intends to and does remain continuously in business at each location where such sales are offered for a period of more than sixty (60) days. 4-5-2: LICENSE REQUIRED: A. No person may engage in business as a solicitor without first obtaining a license therefor and paying the license fee. B. No person having control of private property within the city may knowingly permit another person to engage in business on or about that property as a solicitor without first requiring that person to obtain a license therefor. 4-5-3: EXEMPTIONS: This chapter does not apply to the following: A. Vendors of goods, merchandise, or services delivered or sold to established cus- tomers; B. Nonprofit organizations filed under or authorized by Chapter 504 of the Iowa Code or authorized and organized under statutes or regulations of the United States govern- ment or approved by the Internal Revenue Service, where such organizations have a permanent office in Dubuque County, Iowa; C. Churches and public and private schools and colleges that have a permanent of- fice in Dubuque County, Iowa; D. Nonprofit clubs and lodges not ordinarily conducted as a business and which do not meet the requirements of chapter 504 of the Iowa Code and that have a permanent office in Dubuque County, Iowa; E. Persons selling at wholesale to merchants, persons selling their own art or handi- crafts either by themselves or through employees, or nonprofit civic, charitable, reli- gious, or educational groups or members or employees thereof engaged in retail sale for the purpose of fundraising; F. Central Market businesses licensed in accordance with this code; or G. Persons that purchase gold, bullion, ingots, precious metals, and jewelry. Such 34 persons are subject to the pawnbroker and secondhand dealer regulations set forth in Title 4, Chapter 6, Article A of this Code of Ordinances. 4-5-4: APPLICATION FOR LICENSE: An application for a solicitor's license must be filed with the city clerk on a form pro- vided by the city clerk. The application must be signed by the applicant and must in- clude the following information: A. The applicant's name, permanent and local address, business address, if any, and physical description. B. The applicant's employer or sponsor, if any, and the employer or sponsor's ad- dress and telephone number, the nature of the applicant's business, and the last three (3) places of such business. C. If the applicant is a corporation, the corporation address and the names and ad- dresses of the officers thereof. If the applicant is a firm, partnership, or association, the firm, partnership, or association’s address and the names and addresses of all the members thereof. If the applicant is a corporation, the application must state whether or not the applicant is an Iowa corporation or a foreign corporation, and if a foreign corpo- ration, whether or not such corporation is authorized to do business in Iowa. D. If the application is being made by an agent, bailee, consignee, or employee, the application must state and set out the name and address of such agent, bailee, con- signee, or employee and must also include the name and address of the owner of the goods, wares, and merchandise to be sold or offered for sale. E. The application must state whether or not the applicant has an Iowa retailer's sales tax permit and if the applicant has such permit, the number of such permit. F. The value of the goods, wares, products, or merchandise to be sold or offered for sale, or the average inventory to be carried if the solicitor is carrying on an intermittent or temporary business. G. The date(s) upon which goods, wares, products, or merchandise will be sold or of- fered for sale, or the date(s) upon which it is the intention of the applicant to engage in or conduct a temporary or intermittent business. H. The location and address where such goods, wares, products, or merchandise will be sold or offered for sale or such business engaged in or conducted. I. The names of two (2) property owners of the city who will certify as to the appli- cant's good repute and business responsibility, or in lieu thereof, the applicant's finger- prints and any other information that may be required by the city clerk to properly inves- tigate such reputation and business responsibility. J. The applicant must agree to appoint the city clerk as agent of the applicant for ser- vice of process. In the event of such service, the city clerk must mail by certified mail, return receipt requested, a copy of said process to the address of the applicant shown on the application. K. At the time of filing the application, the applicant must provide two (2) forms of identification, including one (1) form with picture identification. 4-5-5: BOND: An applicant for a license must file with the city clerk a surety bond in the amount of five thousand dollars ($5,000.00) conditioned on the following: A. That the applicant will fully comply with all ordinances of the city and laws regulat- ing solicitor sales; B. The payment by the applicant of all taxes that may be payable by or due from the applicant to the State of Iowa or the City of Dubuque; 35 C. The payment of any fines that may be assessed by any court against the applicant for violation of the provisions of this chapter; D. The payment and satisfaction of any and all causes of action against the applicant commenced within one (1) year from the date of sale and arising from such sale; pro- vided, however, that the aggregate liability of the surety for all such taxes, fines, and causes of action must in no event exceed the principal sum of such bond; and E. Guaranteeing to any resident of the city that all monies paid will be accounted for and applied according to the representation of the licensee. Said bond will continue in force as to such surety for not less than one (1) year from the date of the license. Action on such bond may be brought by any resident of the city. 4-5-6: ISSUANCE OF LICENSE: A. Upon receiving an application for a solicitor’s license, with an appropriate bond at- tached thereto, if the city clerk is satisfied that the statements and representations con- tained in the application are true, that the applicant meets all of the requirements of this chapter, that the applicant is the holder of an Iowa retailer's sales tax permit, when re- quired/if applicable, and that if a foreign corporation, has the authority to do business in the state of Iowa, the city clerk must issue to the applicant a license. B. A license is valid only for the period of time and at the location and place de- scribed in the application. In the case of a qualified applicant proposing to conduct busi- ness or to sell from more than one (1) location, the city clerk must issue a separate li- cense for each location. 4-5-7: FEES: A solicitor must pay a license fee established by the city manager. 4-5-8: DISPLAY OF LICENSE: A solicitor must, at all times while doing business in this city, prominently display the license for the period of time and at the location and place described in the application so that it is clearly visible to anyone to whom the person is selling or offering for sale goods, merchandise, products, or services. The licensee must also, at the time of sell- ing or offering for sale goods, merchandise, products, or services, provide each pro- spective customer with an opportunity to view the license. 4-5-9: MISREPRESENTATION: It is unlawful for any solicitor making sales or engaging in or conducting a business under a solicitor's license to make any false or misleading statement or representation regarding any article sold or offered for sale by such solicitor as to condition, quality, original cost, or cost to such solicitor of any article sold or offered for sale, or to sell or offer for sale goods, wares, products, or merchandise of a value in excess of the value thereof as shown by said application, or to sell or offer for sale at retail any goods, wares, products, or merchandise or to engage in or conduct an intermittent or temporary business on any day or at any place other than those shown by such license. A solicitor who violates any provision of this chapter is ineligible for a license for a period of two (2) years from the date of such violation. 4-5-10: DENIAL, SUSPENSION, OR REVOCATION OF LICENSE: A. The city clerk may revoke, suspend, or deny issuance or renewal of any solicitor’s license for good cause, including but not limited to, any of the following reasons: 1. Misrepresentation on the application for license; 2. Violation of any federal, state, or local law, including but not limited to a viola- tion of this chapter or any other chapter of this code; 3. Misrepresentation of the source, condition, quality, weight, or measure of the 36 product sold by such solicitor; or 4. If any judgment recovered against such solicitor with reference to the opera- tion of the business within the city remains unpaid for a period of six (6) months, provided such judgment be not stayed under a supersede as bond upon appeal from such judgment. B. The city clerk 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 non-renewal, no other so- licitor's license may be issued to such person for a period of two (2) years thereafter. 4-5-11: APPEAL Within ten (10) days after notice of denial, suspension, or revocation of a license, a solicitor may file with the city clerk a written notice of appeal to the city manager from such denial, suspension, or revocation. The city manager must provide the solicitor with notice and an opportunity to be heard on the issue of whether the license was properly denied, suspended, or revoked. 4-5-12: PERSONAL NATURE; TRANSFERABILITY: The solicitor's license granted under this chapter is personal to the applicant only and may not be sold, assigned, or otherwise transferred. 4-5-13: REPORT TO CITY CLERK UPON LOSS REQUIRED: In the event any license issued under this chapter is lost or mislaid, the licensee must report such fact to the city clerk immediately. A duplicate license will be issued upon payment of the fee as established by the city manager. 4-5-14: SOLICITING FROM TEMPORARY STANDS OR VEHICLES RESTRICTED: Soliciting may not be conducted upon the public streets from temporary stands or ve- hicles to which people are attracted by talking, singing, music, unusual noises, or enter- tainment, or by the use of flares or lights. PUBLIC INPUT Jeff Lenhart, 1711 Clarke Drive, provided an update on the recent Complaint Free Dubuque event noting that it drew 400 people and raised $3,500 for the Dubuque Res- cue Mission. Rich Misky, 3199 Sheridan Rd., commented on his concerns over the city’s debt is- suance, repayment, and property tax increase. There being no further business, upon motion the City Council adjourned at 7:56 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 37