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Ordinance 28-06OFFICIAL PUBLICATION ORDINANCE NO. 28-06 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 55 W. 32ND STREET FROM AG AGRICULTURAL DISTRICT TO HI HEAVY INDUSTRIAL DISTRICT, WITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended, subject to the conditions(s) in the attached Memorandum of Agreement, by reclassifying the hereinafter described property as shown in Exhibit A, all in the City of Dubuque, Iowa from AG Agricultural District to HI Heavy Industrial District. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 17th day of April, 2006. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC City Clerk MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (2005), and as an express condition of rezoning of the property shown in Exhibit A, which is the subject of Ordinance No. 28-06, a copy of which is attached hereto and incorporated herein by reference, the undersigned property owners agree to the following conditions, all of which the property owner further agrees are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A) Conditions: The following conditions shall apply to the subject property: 1) Screening be installed along the north zoning district boundary line as per submitted cross section. 2) Hours of operation be limited to 8:00 a.m. to 5:30 p.m. Monday through Friday, and 8:00 a.m. to 12:30 p.m. on Saturday. 3) The bailer and crusher not be placed on the rezoned property. 4) No building will be located on the rezoned property. 5) No salvage vehicles will be stacked on the rezoned property. 6) No salvage vehicles will be placed on the rezoned property where they will not be shielded visually from off-site by permanent screening on the north boundary line. 7) The screening fence along northwest portion of the north district boundary line will be completed by January 1, 2007, as per submitted planting plan. 8) The screening fence along the northeast portion of the north district boundary line will be completed by January 1, 2008, as per submitted planting plan. B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the AG Agricultural District (which rezoning will include the removal of the performance standards in Section A above) if the property owner fails to complete any of the conditions or provisions of this Agreement. C) Modifications. Any modifications of this Agreement shall be considered a zoning reclassification and shall be subject to the provisions of the Zoning Ordinance governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. D) Recording. A copy of this Agreement shall be recorded with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this rezoning approval within thirty (30) days of the adoption of Ordinance No. 28- 06. E) Construction. This Agreement shall be construed and interpreted as though it were part of Appendix A of the Code of Ordinances of the City of Dubuque, also known as the Zoning Ordinance of the City of Dubuque, Iowa. F) This Agreement shall be binding upon the undersigned and his/her heirs, successor and assignees. ACCEPTANCE OF ORDINANCE NO. 28-06 I, Roger Kunde, representing North End Wrecking, Inc., property owner, having read the terms and conditions of the foregoing Ordinance No. 28-06 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 27th day of March, 2006. /s/Roger Kunde, President Published officially in the Telegraph Herald Newspaper the 21 st day of April, 2006. /s/Jeanne F. Schneider, CMC City Clerk 1t 4/21