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5 15 17 City Council Proceedings Official_Regular CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:00 p.m. on May 15, 2017 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Lynch, Resnick, Rios; City Manager Van Milligen, City Attorney Brumwell Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE Mayor Buol took a moment to thank outgoing Mayor Pro-Tem Kevin Lynch for his ser- vice during the eight-month term, and expressed the City Council's sympathy to Council Jake Rios on the death of his father-in-lawn Richard Thomas Rabie. PROCLAMATION(S) 1 . Apples for Students Months (June/July 2017) was accepted by Beth McGorry, Out- reach Coordinator for St. Mark Youth Enrichment, 1201 Locust St. 2. Play Ball Summer (June-August 2017) was accepted by Tom Witry, 1200 Cortez Dr., of the Miracle League of Dubuque. 3. Revive Civility and Respect Month (May 2017) was accepted by Mayor Roy D. Buol. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Jones. Motion carried 7-0. 1 . Minutes and Reports Submitted: City Council Proceedings of 5/1 , 5/8; Civil Service Commission of 3/28, 5/3; Dubuque County Emergency Management Commission of 11/1/16; 2/15/17, 3/21/17; Human Rights Commission of 4/10/17; Investment Oversight Advisory Commission of 4/26; Library Board of Trustees of 3/16; Library Board of Trus- tees Council update #160 of 4/27; Zoning Advisory Commission of 5/3; Proof of Publica- tion for City Council Proceedings of 4/17, 4/24, 5/1 ; Proof of Publication of List of Claims and Summary of Revenues for Month Ending 3/31 . Upon motion the documents were received and filed. 1 2. Notice of Claims and Suits: Jamie Barton for vehicle damage; Erica Moore for vehi- cle damage; Kyle Stoffel for vehicle damage. Upon motion the documents were received, filed and referred to the City Attorney. 3. Disposition of Claims: City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Jamie Barton for vehicle damage, Kyle Stoffel for vehicle damage, and Erica Moore for vehicle damage. Upon motion the documents were received, filed and concurred. 4. Cindy Steinhauser Farewell Reception: City Manager transmitting an invitation to the farewell reception for Assistant City Manager Cindy Steinhauser at 5:30 p.m. on May 31 , 2017 at the Grand River Center, River Room. Upon motion the document was re- ceived and filed. 5. Dubuque's Circles® Initiative and Family Self-Sufficiency Program: City Manager transmitting the public information brochure on the outcomes of the Dubuque Circles® Initiative and Family Self-Sufficiency Program. Upon motion the document was received and filed. 6. Sustainable Dubuque Community Grants and Review Recommendation: City Man- ager recommending approval of five projects for funding from the Sustainable Dubuque Community Grant Program. It is further recommended that the grant review shift from a quarterly to a bi-annual process, as recommended by the Resilient Community Advisory Commission. Upon motion the documents were received, filed and approved. 7. Quarterly Investment Report of March 31 , 2017: City Manager transmitting the March 31 , 2017 Quarterly Investment Report. Upon motion the documents were received and filed. 8. Integrated Pest Management Annual Report: City Manager transmitting the annual Integrated Pest Management Program Report. Upon motion the documents were re- ceived and filed. 9. 2016 Official City Council Proceedings: City Clerk submitting the 2016 Official City Council Proceedings. Upon motion the documents were received, filed and approved. 10. Four Mounds Foundation- First Amendment to Agreement: City Manager recom- mending approval of a First Amendment to the Agreement between the City of Dubuque and Four Mounds Foundation that changes the dates for completion. Upon motion the documents were received, filed and approved. 11 . Audit Services Recommendation: City Manager recommending the selection of Eide Bailly LLP, the City's current auditor, to provide the City's auditing services for the next five fiscal years and authorize the City Manager to sign the audit service agreement. Upon motion the documents were received, filed and approved. 2 12. Morrison Brothers - Close Out of Forgivable Loan from Iowa Economic Develop- ment Authority: City Manager recommending that the City Council receive and file the documents from the Iowa Economic Development Authority showing the terms of a for- givable loan from the Iowa Economic Development Authority to Morrison Brothers have been satisfied and the loan has been closed out by the State. Upon motion the documents were received and filed. 13. Plat of Survey -Watters Homestead: Zoning Advisory Commission recommending approval of the Plat of Survey for the Watters Homestead (12204 N. Cascade Road) and waiving the street frontage requirement for Lot 1 and Lot 2. Upon motion the documents were received and filed and Resolution No. 168-17 Approving the Plat of Survey of Wat- ters Homestead in Dubuque County, Iowa was adopted. RESOLUTION NO. 168-17 RESOLUTION APPROVING THE PLAT OF SURVEY OF WATTERS HOMESTEAD IN DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey of Watters Homstead in Dubuque County, Iowa; and Whereas, said Plat of Survey provides 0 feet of frontage for Lot 1 and Lot 2 on a public or approved private street, where street frontage is required by Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Plat of Survey has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . That Section 11-14 of Title 16 of the Code of Ordinances, Unified Develop- ment Code, is waived to allow 0 feet of frontage on a public or approved private street for Lot 1 and Lot 2. Section 2. That the Plat of Survey of Watters Homestead is hereby approved and the Mayor and City Council are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Plat of Survey. Passed, approved and adopted this 15th day of May, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 14. Plat of Survey - Table Mound Mobile Home Park No. 2: Zoning Advisory Commis- sion recommending approval of the Plat of Survey for the Table Mound Mobile Home Park No. 2 and waiving the street frontage requirement for Lot 2. Upon motion the docu- ments were received and filed and Resolution No. 169-17 Approving the Plat of Survey of Table Mound Mobile Home Park No. 2 in the City of Dubuque, Iowa was adopted. 3 RESOLUTION NO. 169-17 RESOLUTION APPROVING THE PLAT OF SURVEY OF TABLE MOUND MOBILE HOME PARK NO. 2 IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey of Table Mound Mobile Home Park No. 2 in the City of Dubuque, Iowa; and Whereas, said Plat of Survey provides 0 feet of frontage for Lot 2 on a public or ap- proved private street, where 50 feet of street frontage is required by Section 11 -14 of Title 15 of the City of Dubuque Code of Ordinances, Unified Development Code; and Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Plat of Survey has been examined by the City Council and they find that it conforms to the statues and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow 0 feet of frontage on a public street or an approved private street for Lot 2. Section 2. That the Plat of Survey of Table Mound Mobile Home Park No. 2 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Plat of Survey. Passed, approved and adopted this 15th day of May, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 15. 2017 Pavement Marking Project Award: City Manager recommending award of the construction contract for the 2017 Pavement Marking Project to the only bidder SELCO, Inc. Upon motion the documents were received and filed and Resolution No. 170-17 Awarding the public improvement contract for the 2017 Pavement Marking Project was adopted. RESOLUTION NO. 170-17 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE 2017 PAVEMENT MARKING PROJECT Whereas, sealed proposals have been submitted by contractors for the 2017 Pave- ment Marking Project, (the Project) pursuant to Resolution No. 146-17 and Notice to Bid- ders published on the City of Dubuque website and in a contractor plan room service with statewide circulation on the 18th day of April 2017; and Whereas, said sealed proposals were opened and read on the 4th day of May 2017 and it has been determined that SELCO, Inc. of Blue Grass, Iowa, with a bid in the amount of$109,457.31 is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to SELCO, Inc. and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. 4 Passed, approved and adopted this 15th day of May, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 16. 2017 City Hall HVAC Upgrade Project Award: City Manager recommending that the award for the 2017 City Hall HVAC Upgrade Project be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. 17. Catfish Creek Watershed SRF Application - Valentine Park Expansion: City Man- ager recommending approval of the submittal of a Catfish Creek Watershed State Re- volving Loan Fund (SRF)Application for the Valentine Park Expansion SRF Project. Upon motion the documents were received and filed and Resolution No. 171-17 Authorizing Catfish Creek Watershed Management SRF Application for Valentine Park Expansion Project was adopted. RESOLUTION NO. 171-17 RESOLUTION AUTHORIZING CATFISH CREEK WATERSHED MANAGEMENT SRF APPLICATION FOR VALENTINE PARK EXPANSION PROJECT Whereas, the Catfish Creek Watershed Management Authority has allocated grant funds from its State Revolving Loan Fund (SRF) Program for projects that help achieve goals in the Catfish Creek Watershed Management Plan; and Whereas, the Valentine Park Expansion SRF project implements watershed manage- ment measures included in the Catfish Creek Watershed Management Plan; and Whereas, the City of Dubuque has adopted the 2012 Comprehensive Plan that in- cludes goals for environmental quality and park improvements. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . The Planning Services Manager hereby is authorized to submit the Catfish Creek Watershed State Revolving Loan Fund (SRF) Application for the Valentine Park Expansion SRF project in the amount of$70,000. Section 2. That the City Council hereby provides its written assurance to commit $5,000 in funding from the regional Parks to People plan for educational components. Passed, approved and adopted this 15th day of May, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 18. Public, Educational and Government (PEG) Capital Grant Expenditure Request: City Manager recommending approval of the Cable TV Commission recommendation for funding from the Public, Educational and Government (PEG) Capital Grant for Access Equipment and Facilities for the City of Dubuque to purchase two editing systems to re- place the existing work stations. Upon motion the documents were received, filed and approved. 5 19. Dubuque Golf& Country Club - Fireworks Request: Correspondence from Richard Bugalski, General Manager/CEO of the Dubuque Golf & Country Club, requesting per- mission to display fireworks on Tuesday, July 4, 2017 at about 9:30 p.m. on the DG&CC grounds with a rain date of Wednesday, July 5. Upon motion the documents were re- ceived, filed and approved. 20. Transit Service to Driver's License Station on Gateway Drive: City Manager trans- mitting information on the historical ridership to the Driver's License Station located at 2460 Gateway Drive and providing a summary of transportation options for individuals requiring access to that location. Upon motion the documents were received and filed. 21 . Grant of Permanent Easement for Southwest Arterial Project: City Manager rec- ommending approval to rescind Resolution 210-16 for the Grant of Permanent and Tem- porary Easement and adopt a revised resolution for the acceptance of a replacement permanent utility easement for the Southwest Arterial Project across part of the property owned by Ronald and Marlene Valentine. Upon motion the documents were received and filed and Resolution No. 172-17 Rescinding Resolution No. 210-16 which accepted a Grant of Permanent and Temporary Easements from Ronald L. Valentine and Marlene Valentine and Rescinding a Temporary Construction Easement from Ronald L. Valentine and Marlene Valentine for the Southwest Arterial Project; and Accepting a Grant of Per- manent Utility Easement from Ronald L. Valentine and Marlene Valentine for the South- west Arterial Project was adopted. RESOLUTION NO. 172-17 RESOLUTION RESCINDING RESOLUTION 210-16 WHICH ACCEPTED A GRANT OF PERMANENT AND TEMPORARY EASEMENTS FROM RONALD L. VALENTINE AND MARLENE VALENTINE AND RESCINDING A TEMPORARY CONSTRUCTION EASE- MENT FROM RONALD L. VALENTINE AND MARLENE VALENTINE FOR THE SOUTHWEST ARTERIAL PROJECT; AND ACCEPTING A GRANT OF PERMANENT UTILITY EASEMENT FROM RONALD L. VALENTINE AND MARLENE VALENTINE FOR THE SOUTHWEST ARTERIAL PROJECT Whereas, the City of Dubuque entered into an Agreement for the purchase of ease- ments for the Southwest Arterial Project with Ronald L. Valentine and Marlene Valentine for the property legally described as: A Parcel of Land Situated in Part of the Southeast 1/4 of Section 3, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa; and Whereas, pursuant to the Agreement, Ronald L. Valentine and Marlene Valentine granted permanent and temporary easements to the City of Dubuque in the Grant of Per- manent and Temporary Easements dated June 2, 2016, recorded June 13, 2016 as In- strument no. 2016-7241 , records of Dubuque County, Iowa, and granted a temporary construction easement in an unrecorded Grant of Temporary Construction Easement dated April 11 , 2017; and Whereas, the parties now desire to rescind the Grant of Permanent and Temporary Easements and the Grant of Temporary Construction Easement; and Whereas, the parties have also agreed to supplement the Agreement as set forth in the attached Supplement to Purchase Agreement. 6 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1 . The Grant of Permanent and Temporary Easements dated June 2, 2016, recorded June 13, 2016 as Instrument no. 2016-7241 , and the unrecorded Grant of Temporary Construction Easement dated April 11 , 2017, are hereby rescinded and have no further force and effect. 2. The Grant of Permanent Utility Easement attached hereto is hereby accepted. 3. The Supplement to Purchase Agreement is hereby approved and the City Engineer is directed to sign the Supplement to Purchase Agreement on behalf of the City of Dubu- que. 4. The City Clerk is authorized and directed to record this resolution, the Grant of Per- manent Utility Easement, and the Supplement to Purchase Agreement with the Dubuque County Recorder. Passed, approved and adopted this 15th day of May, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 22. Improvement Contracts / Performance, Payment and Maintenance Bonds: Dan Arensdorf Construction, Inc. for the 2017 Asphalt Overlay Ramp Project One. Upon mo- tion the documents were received, filed and approved. 23. Alcohol Compliance Civil Penalty for Alcohol License Holder — Casey's General Store #2420: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Casey's General Store #2420, 2699 Rockdale Road. Upon motion the documents were received, filed and approved. 24. Tobacco Compliance Civil Penalty for Tobacco License Holder — Casey's General Store #2420: City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Casey's General Store #2420, 2699 Rockdale Road. Upon motion the documents were received, filed and approved. 25. Alcohol Compliance Civil Penalty for Alcohol License Holder — Friendly Locust Mart: City Manager recommending approval of the Acknowledgment/Settlement Agree- ment for an alcohol compliance violation for Friendly Locust Mart, 408 West Locust Street. Upon motion the documents were received, filed and approved. 26. Tobacco Compliance Civil Penalty for Tobacco License Holder — Friendly Locust Mart: City Manager recommending approval of the Acknowledgement/Settlement Agree- ment for a tobacco compliance violation for Friendly Locust Mart, 408 West Locust Street. Upon motion the documents were received, filed and approved. 27. Alcohol Compliance Civil Penalty for Alcohol License Holder — Hammerheads Bar & Billiards: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Hammerheads Bar & Billiards, 2095 Kerper Blvd. Upon motion the documents were received, filed and approved. 7 28. Tobacco Compliance Civil Penalty for Tobacco License Holder— Kmart#4018 City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Kmart#4018, 2600 Dodge Street. Upon motion the doc- uments were received, filed and approved. 29. Alcohol Compliance Civil Penalty for Alcohol License Holder— Kwik Stop C-Stores: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Kwik Stop C-Stores, 2335 University Ave. Upon mo- tion the documents were received, filed and approved. 30. Tobacco Compliance Civil Penalty for Tobacco License Holder — Kwik Stop C- Stores: City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Kwik Stop C-Stores, 2335 University Ave. Upon motion the documents were received, filed and approved. 31 . Alcohol Compliance Civil Penalty for Alcohol License Holder— Oky Doky#8 Foods: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Oky Doky #8 Foods, 535 Hill Street. Upon motion the documents were received, filed and approved. 32. Tobacco Compliance Civil Penalty for Tobacco License Holder — Oky Doky #8 Foods: City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Oky Doky #8 Foods, 535 Hill Street. Upon motion the documents were received, filed and approved. 33. Business License Refund: Request from Europa Cafe of Dubuque for a refund of the Liquor License No. BW0093983 located at 4031 Pennsylvania Ave. due to business closing. Upon motion the documents were received, filed and approved. 34. Alcohol License Applications: City Manager recommending approval of annual beer, liquor and wine licenses as submitted. Upon motion the documents were received and filed and Resolution No. 173-17 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 was adopted. RESOLUTION NO. 173-17 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 approved; and 8 Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Renewals + 1 a Kalmes Breaktime 1097 Jackson St. Class C Liquor (Sunday) Bar and Grill + a a Days Inn & Spirits 1111 Dodge St. Class B Liquor (Outdoor) (Sunday) Bar & Grill + a a Easy Street 30 Main St. ', Class C Liquor (Outdoor) (Sunday) Hilton Garden Inn & 1801 & 1855 Greyhound Class B Liquor, Class B Wine (Ca- Q Casino +Parka tering) (Outdoor) (Sunday) Mason Dixon Saloon 163 Main St. ', Class C Liquor (Sunday) Buffalo Wild Wings 2805 Northwest Arterial ' Class C Liquor (Outdoor) (Sunday) New V Board and Brush 875 Jackson St. Special Class C Liquor (Sunday) Creative Studio a a Adding a Privilege 1+ Fat Tuesday's 11121 University Ave. ', Adding Outdoor Service Passed, approved and adopted this 15th day of May, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Connors. Motion carried 7-0. 1 . Kerper Boulevard Sanitary Sewer Reconstruction Project Initiate: City Manager rec- ommending initiation of the public bidding procedure for the Kerper Blvd. Sanitary Sewer Reconstruction 2017 Project, and further recommends that a public hearing be set for June 5, 2017. Upon motion the documents were received and filed and Resolution No. 174-17 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 advertisement for bids was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on June 5, 2017 in the Historic Federal Building. RESOLUTION NO. 174-17 KERPER BLVD. SANITARY SEWER RECONSTRUCTION 2017 PRELIMINARY AP- PROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM 9 OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Kerper Blvd. Sanitary Sewer Reconstruction 2017 Project in the estimated amount $3,762,675.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 5th day of June 2017, at 6:00 p.m. in the Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place 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. Kerper Blvd. Sanitary Sewer Reconstruction 2017 Project is hereby ordered to be ad- vertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Engineer is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the attached Notice to Bidders on the City of Dubuque website and a contractor plan room service with statewide circulation, which notice shall be published not less than thirteen but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 8th day of June 2017. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:00 p.m. on the 19th day of June 2017, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 15th day of May, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Reallocation of General Obligation Bonds Series 2014B: City Manager recommend- ing setting a public hearing for June 5, 2017, on a proposal to reallocate not-to-exceed $80,000 of the unspent proceeds of the General Obligation Bond Series 2014B from the City Hall improvements project to fund the HVAC improvements of the Historic Federal Building located at 350 West 6th Street. Upon motion the documents were received and filed and Resolution No. 175-17 Fixing date for a meeting on the proposal to reallocate certain unspent proceeds of the General Obligation Bonds, Series 2014B, of the City of Dubuque, Iowa, and providing for publication of notice thereof was adopted setting a pub- lic hearing for a meeting to commence at 6:00 p.m. on June 5, 2017 in the Historic Federal Building. 10 RESOLUTION NO. 175-17 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSAL TO REALLO- CATE CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2014B, OF THE CITY OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLI- CATION OF NOTICE THEREOF Whereas, pursuant to hearings duly held under Iowa Code Section 384.25 and a res- olution approved on December 1 , 2014, the City Council of the City of Dubuque, Iowa has previously issued its General Obligation Bonds, Series 2014B, in the aggregate principal amount of$18,835,000 (the "Series 2014B Bonds"), for the purpose, among other things, of paying the costs of acquisition, construction, reconstruction, and repair, and equipping of waterworks, water mains, and extensions, and real and personal property, useful for providing potable water to residents of a city, acquisition, improvement and equipping of recreation grounds, including the Bunker Hill Golf course and the concrete skate park, and improvements to City Hall, transit bus stops, Fire Station #2 and Ham House, general corporate purposes; and Whereas, certain proceeds of the Series 2014B Bonds remain unspent, and the City Manager has recommended that not to exceed $80,000 of such unspent proceeds (the "Unspent Proceeds") be applied for the purpose of funding the HVAC improvements of the Historic Federal Building located at 350 West 6th Street in the amount of approximately $80,000, (the "Project"); and Whereas, there being no procedure specified under Iowa law for consideration or ap- proval of such a reallocation, it is hereby determined, pursuant to Section 364.6 of the Code of Iowa, that the procedure set forth in Section 384.25 of the Code of Iowa should apply to such proposal, and that a hearing be held upon the proposal to reallocate the Unspent Proceeds to provide funds for the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . That this Council meet in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at 6:00 o'clock p.m., on the 5th day of June, 2017, for the purpose of taking action on the matter of the proposed reallocation of the Unspent Proceeds of the Series 2014B Bonds to provide funds to defray all or a portion of the costs of the Project. Section 2. That the City Clerk is hereby directed to cause one publication to be made of notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publica- tion to be not less than four clear days nor more than twenty days before the date of said public meeting. Section 3. The notice of the proposed action shall be in substantially the [provided] form: Passed and approved this 15th day of May, 2017. Roy, D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. South Pointe Housing Tax Increment Financing Development Agreement: City Man- ager recommending that the City Council set a public hearing on the South Pointe Hous- ing Tax Increment Financing Development Agreement for June 5, 2017. Upon motion the documents were received and filed and Resolution No. 176-17 Intent to approve an 11 Agreement between the City of Dubuque and South Pointe, LLC and fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the proposed reim- bursement of South Pointe, LLC for certain infrastructure improvements as described in the Agreement with Urban Renewal Tax Increment Revenue and providing for the publi- cation of notice thereof was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on June 5, 2017 in the Historic Federal Building. RESOLUTION NO. 176-17 INTENT TO APPROVE AN AGREEMENT BETWEEN THE CITY OF DUBUQUE AND SOUTH POINTE, LLC AND FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE PROPOSED REIM- BURSEMENT OF SOUTH POINTE, LLC FOR CERTAIN INFRASTRUCTURE IM- PROVEMENTS AS DESCRIBED IN THE AGREEMENT WITH URBAN RENEWAL TAX INCREMENT REVENUE AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, City and South Pointe, LLC have entered into an Agreement, subject to the approval of the City Council, pursuant to which South Pointe, LLC will cause certain in- frastructure improvements to be constructed on and within Development Property as de- scribed in the Agreement; and Whereas, the City Council has tentatively determined that it would be in the best inter- ests of City to approve the Agreement; and Whereas, the Agreement provides for reimbursement of South Pointe, LLC payable from the tax increment revenues collected in respect of the improvements to be con- structed in accordance with the Agreement, for the purpose of carrying out the objectives of an Urban Renewal Plan as described therein; and Whereas, before said reimbursement 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 of Dubuque intends to approve the proposed Agreement with South Pointe, LLC. Section 2. The City Clerk is hereby authorized and directed to cause a notice to be published as prescribed by Iowa Code Section 403.9 of a public hearing to be held on the 5th day of June, 2017 at 6:00 p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa. Section 3. The City Council will meet at said time and place for the purpose of taking action on the matter of authorizing the execution of the Agreement with South Pointe, LLC, pursuant to and in accordance with the South Pointe Housing Urban Renewal Area Economic Development District, including but not limited to the funding of reimbursement for improvements under the terms and conditions of the Agreement and said Urban Re- newal Plan. It is expected that the aggregate amount of the reimbursements will not ex- ceed $230,000. 12 Section 4. The City Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publica- tion to be not less than four days nor more than twenty days before the date of said meeting. Section 5. That the notice of the proposed action shall be in substantially the form [provided]. Passed, approved and adopted this 15th day of May, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Review of Applications. Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. 1 . Civil Service Commission: One, 4-year term through April 6, 2020. (Vacant term of Takes). Applicants: Phil Baskerville, 2945 Van Buren St. Christian Stillings, 1298 Locust St. Mr. Stillings spoke in support of his appointment and provided a brief biography. 2. Mechanical and Plumbing Code Board: One, 3-year term through March 16, 2020 (Vacant term of Hillard). Applicant: Dieter Muhlack, 2907 Arabian Trail. 3. Sister City Relationships Advisory Commission: One, 3-year term through February 1 , 2019 (Vacant term of Phillips). Applicant: Thomas Major, 1725 Lori St. Appointment was made to the following Board. 4. Electrical Code Board: Two, 3-year terms through May 21 , 2020 (Expiring Terms of Dixon and Palmer). Applicants: James Dixon, 2505 Marquette PI. Andy Palmer, 1865 Rosemont St. Motion by Lynch to appoint James Dixon and Andy Palmer to 3-year terms through May 21 , 2010. Seconded by Connors. Motion carried 7-0. PUBLIC HEARINGS 1 . Rezoning Request - Chaplain Schmitt Island Planned Unit Development (PUD): Proof of publication on notice of public hearing to consider approval of a request from the Dubuque Racing Association to rezone Chaplain Schmitt Island and the surrounding Mis- sissippi River and Peosta Channel from HI Heavy Industrial and CR Commercial Recre- ation to Planned Unit Development with a Planned Commercial Designation and the Zon- ing Advisory Commission recommending approval subject to electronic signs complying with existing city-wide regulations for animation. Dubuque Racing Association Vice President Brian Southwood introduced Landscape Architect Ryan Peterson of RDG Planning Design who provided a slide presentation sum- marizing the design guidelines for the request. Topics included: 1) Introduction, 2) island brand/built environment, 3) design standards and approvals, 4. built form/architectural 13 character, 5) public domain (landscaping, furnishings, signs). Mr. Peterson responded to questions from the City Council about parking island landscaping and using appropriate styles and materials for outdoor benches. Q Casino President and Chief Executive Officer Jesus Aviles provided information and spoke in support of the DRA's request to waive the restrictions on fully animated signage. Planning Services Manager Laura Carstens pro- vided a staff report. Rick Dickinson, President and CEO of Greater Dubuque Develop- ment Corporation, 205 Hill Street, spoke in favor of the request to waive signage regula- tions for animation. Mayor Buol and Council Members Lynch and Jones disclosed that they serve on the DRA Board of Directors. The City Council discussed the issues of fully animated signage as they related to the location of the sign and to the public benefit of the Q Casino. Motion by Connors to amend the proposed ordinance to include the request by the DRA for fully animated signage. Seconded by Resnick. City Attorney Brumwell advised the Council that a super majority vote by the Council is required to vary from the decision of the Zoning Advisory Commission. Motion carried 7-0. 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 7-0. Motion by Connors for final consideration and passage of amended Ordinance No. 18- 17 Amending Title 16 of the City of Dubuque Code of Ordinances Unified Development Code by reclassifying hereinafter described property on Chaplain Schmitt Island and the surrounding Mississippi River and Peosta Channel from HI Heavy Industrial and CR Com- mercial Recreation District to PUD Planned Unit Development with a PC Planned Com- mercial Designation. Seconded by Resnick. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 18-17 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF OR- DINANCES UNIFIED DEVELOPMENT CODE BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY ON CHAPLAIN SCHMITT ISLAND AND THE SURROUND- ING MISSISSIPPI RIVER AND PEOSTA CHANNEL FROM HI HEAVY INDUSTRIAL AND CR COMMERCIAL RECREATION DISTRICT TO PUD PLANNED UNIT DEVEL- OPMENT WITH A PC PLANNED COMMERCIAL DESIGNATION NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . That Title 16 of the City of Dubuque Code of Ordinances, Unified Develop- ment Code, is hereby amended by reclassifying the hereinafter described property on Chaplain Schmitt Island and the surrounding Mississippi River and Peosta Channel from HI Heavy Industrial and CR Commercial Recreation to PUD Planned Unit Development District with a PC Planned Commercial designation and adopting a conceptual develop- ment plan, a copy of which is attached to and made a part hereof, for Chaplain Schmitt Island as stated below, to wit: As shown in Exhibit A, all in the City of Dubuque, Iowa. 14 Section 2. Attached hereto and made a part of this zoning reclassification approval is the Conceptual Development Plan for the Chaplain Schmitt Island Planned Unit Develop- ment marked Exhibit B. The Conceptual Plan reflects the recommendations of the Chap- lain Schmitt Island Master Plan as adopted and amended by the City Council. A. Use Regulations: The following regulations shall apply to all uses made of land in the above-described PC Planned Commercial District: 1 . Principal Permitted uses: The following uses are permitted in the Chaplain Schmitt Island District PUD: a. Art gallery, museum or library b. Athletic field, stadium or sport arena c. Auditorium or assembly hall d. Bowling alley e. Campground or recreational vehicle park f. Convention center g. Dog racing or track operation f. Excursion boat or boat services i. Gambling facility licensed by the state of Iowa j. Health, sport, recreation or athletic club or organization k. Hotel I. Indoor amusement center m. Indoor recreation facility n. Indoor restaurant o. Indoor theater p. Marine vehicle body shop q. Marine vehicle sales or rental r. Marine vehicle service or repair s. Off-street parking lot t. Outdoor recreation u. Parking structure v. Pleasure craft harbor w. Public or private park, golf course, or similar natural recreation area x. Public or quasi-public utility, including substation y. Retail sales and service 2. Conditional Uses: The following conditional uses may be permitted in the PUD District, subject to the provisions of Section 8-5 Conditional Uses of the Unified De- velopment Code. a. Bar or tavern b. Microbrewery, winery and distillery, provided that: i. Any products or wastes containing odor producing substances emanating from a building or property associated with a microbewery, winery or distillery, in such concentrations to create a public nuisance, as established by the city manager, shall be prohibited. ii. The operation of a microbrewery, winery or distillery facility shall not cause any loud and excessive noise that result in annoyance or discomfort to a reasonable person. c. Drive-up automated bank teller 15 d. Licensed child care center e. Wind energy conversion system 3. Accessory Uses: The following uses are permitted as accessory uses as pro- vided in Section 3-7 Accessory Uses of the Unified Development Code: a. Any use customarily incidental and subordinate to the principal use it serves. b. Wind turbine (building-mounted) 4. Temporary Uses: The following uses shall be permitted as temporary uses in the PUD District in conformance with the provisions of Section 3-19 Temporary Uses of the Unified Development Code: a. Any use listed as a permitted use within the district. 5. Prohibited Uses a. Cellular communication towers b. Telecommunication processing and relay centers, "telecom hotels" c. Adult businesses d. Industrial laundry and dry cleaning plants e. Pawn shops f. New car and truck sales g. Used vehicle sales and service h. Resale shops i. Drive-thru facilities, except drive-up automated teller machines j. Stand-alone gas stations k. Vehicle fabrication/assembly/repair/body shops I. Tattoo parlors and body piercing shops m. Residential dwellings B. Design Guidelines Development of land in the Chaplain Schmitt Island PUD shall be regulated as fol- lows: 1 . All buildings, structures and activities shall be developed in conformance with the attached Conceptual Development Plan and the Chaplain Schmitt Island Design Guidelines, incorporated herein by reference and on file in the Planning Services Department. 2. Design approval, based on a review of the application materials, will be issued by the City Manager as described in the Chaplain Schmitt Island Design Guidelines. A building permit will not be issued by the Building Services Department nor a site plan approved by the Planning Services Department until such approval is given in writing. 3. Application of the Chaplain Schmitt Island Design Guidelines to new and ex- panded facilities shall be effective as of the date of adoption of this PUD Ordinance. 4. The review and approval of new and expanded facilities within the Chaplain Schmitt Island PUD will follow the process described in the Chaplain Schmitt Island Design Guidelines. 5. Waiver requests from the Chaplain Schmitt Island Design Guidelines shall be the process described in said Design Guidelines C. Sign Regulations 1 . Existing freestanding and wall-mounted signage that does not comply with the Chaplain Schmitt Island Design Guidelines with respect to height, square footage, 16 and number will be grandfathered as lawfully non-conforming and may remain until replaced with new structures. 2. The number, size and location of new signs in the Chaplain Schmitt Island District PUD shall be regulated in accordance with Chaplain Schmitt Island Design Guidelines and all other applicable regulations of Section 15 Signs of the Unified Development Code, except that Section 16-15-23-8 shall not apply such that casino electronic message center signs shall be permitted to use animation and video. 3. Off-premise signs are prohibited in the Chaplain Schmitt Island District PUD. Off-premise signs are defined, for the purpose of this PUD, as signs advertising goods, services, and activities not offered or located within the PUD district bound- aries. D. Performance Standards 1 . Chaplain Schmitt Island Master Plan a. The development and maintenance of uses in the Chaplain Schmitt Island District PUD conceptually should follow the goals, objectives, and recommenda- tions of the Chaplain Schmitt Island District Master Plan, incorporated herein by reference and on file in the Planning Services Department. b. It is recognized that minor shifts or modifications to the general plan layout may be necessary and compatible with the need to acquire workable street pat- terns, grades and usable building sites. 2. Off-Street Parking and Loading Regulations a. All vehicle-related features shall be surfaced with either asphalt, concrete, or pavers. b. All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other permanent means. c. The number, size, and design of parking spaces and parking lots, including bicycle parking and shared parking, shall be governed by applicable provisions in Sections 13 Site Design Standards and 14 Parking of the City of Dubuque Unified Development Code, except that new or expanded parking lots shall not be required to construct intermediate landscape islands as per Section 13-3.5(D). d. The number, size and design and location of parking spaces designated for persons with disabilities shall be according to the local, state or federal require- ments in effect at the time of the development. e. The location and number of private driveway intersections with public streets shall be reviewed and approved by the City Engineer. f. No on-street maneuvering of delivery vehicles will be allowed on any street. Lots shall provide all necessary maneuvering space for delivery vehicles within the boundaries of the lots. g. All loading docks for shipping and receiving shall be designed to provide for the direct movement of goods between the delivery vehicle and the interior of the building. 3. Parking Structures. Parking structures (ramps) are allowed in the Chaplain Schmitt Island District PUD subject to the following standards: a. Parking Structures shall comply with the Chaplain Schmitt Island Design Guidelines for parking facilities. 17 b. The size and design of parking spaces and bicycle parking shall be gov- erned by applicable provisions of the Unified Development Code enforced at the time of development. c. The number, size, design and location of parking spaces designated for persons with disabilities shall be according to the local, state, or federal require- ments in effect at the time of development. 4. Site Lighting New outdoor light fixtures shall comply with Section 13-3.1 Site Design Standards of the Unified Development Code and Chaplain Schmitt Island Design Guidelines. 5. Landscaping and Screening Regulations Landscaping and screening requirements shall comply with Section 13-4.1 Site Design Standards of the Unified Development Code and Chaplain Schmitt Island Design Guidelines. 6. Exterior Trash Collection Areas Exterior trash collection areas shall comply with Section 13-4.9 Site Design Standards of the Unified Development Code and Chaplain Schmitt Island Design Guidelines. 7. Exterior Storage Exterior storage shall comply with Section 13-4.1 Site Design Standards of the Unified Development Code and Chaplain Schmitt Island Design Guidelines. 8. Platting The conceptual development plan shall serve as the preliminary plat for this PUD District. Subdivision plats and improvement plans shall be submitted in accordance with Section 11 Land Subdivision of the Unified Development Code. 9. Site plans Final site development plans shall be submitted in accordance with Section 12 Site Plans and Section 13 Site Design Standards of the Unified Development Code prior to construction of each building and vehicle-related feature unless otherwise exempted by Section 12 Site Plans. 10. Storm Water Conveyance The developer of each lot shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to flow line of open drainage ways outside the lot in a means that is satisfactory to the City Engi- neer. Other applicable regulations enforced by the City Engineer relative to storm water management and drainage shall apply to properties in the PUD District. 11 . Noises Noises generated within the PUD District shall be regulated by Chapter 33, Article IV, Noises, of the City of Dubuque Code of Ordinances. 12. Flood Plain Regulations The area of the PUD District that lies within the flood plain of the Mississippi River shall be subject to the regulations of Section 6-4 Flood Plain Overlay District of the Unified Development Code. 13. Other Codes and Regulations 18 These regulations do not relieve an owner, developer, or tenant from other appli- cable city, county, state or federal codes, regulations, laws and other controls rela- tive to the planning, construction, operation and management of property in the PUD District. E. Transfer of Lease Transfer of lease of property in the Chaplain Schmitt Island District PUD shall in- clude in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the District PUD. F. Recording A copy of this PUD ordinance shall be recorded at the expense of the City of Dubu- que, with the Dubuque County Recorder a permanent record of the conditions ac- cepted as part of this reclassification approval. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Ad- visory Commission of the City of Dubuque, Iowa. Section 4. This Ordinance shall take effect upon publication as provided by law. Passed, approved and adopted this 15th day of May, 2017. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Exhibits are on file in the Office of the City Clerk, 50 W. 13th St., Dubuque. Published officially in the Telegraph Herald newspaper on the 19th day of May, 2017. /s/Kevin S. Firnstahl, City Clerk 2. Request to Rezone 175 North Crescent Ridge: Proof of publication on notice of public hearing to consider approval of a request from Lisa Hammel to rezone property at 175 N. Crescent Ridge from CS Commercial Service to C-3 General Commercial to ac- commodate retail sales and services and the Zoning Advisory Commission recommend- ing approval. Motion by Connors to receive and file the documents and that the require- ment that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Lynch. Ms. Hammel, 17094 Chickory St., spoke in support of the request and responded to questions from the City Council saying that she was unsure about plans for future sign- age along Dodge St. Planning Services Manager Laura Carstens provided a staff report. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 19-17 Amend- ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 175 North Crescent Ridge from CS Commercial Service and Wholesale District to C-3 General Commercial District. Se- conded by Jones. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 19-17 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF OR- DINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 175 NORTH CRESCENT RIDGE FROM CS 19 COMMERCIAL SERVICE AND WHOLESALE DISTRICT TO C-3 GENERAL COMMER- CIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . That Title 16 of the City of Dubuque Code of Ordinances, Unified Develop- ment Code, is hereby amended by reclassifying the hereinafter—described property from C-2 Commercial Service and Wholesale District to C-3 General Commercial District, to wit: Lot 1 of 3, Block 2 of Tschiggfrie Commercial Subdivision, to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That 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 15th day of May, 2017. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 19th day of May, 2017. /s/Kevin S. Firnstahl, City Clerk 3. Request to Rezone Property on Cedar Crest Court: Proof of publication to consider approval of a request from UFit Properties, LLC to rezone property on Cedar Crest Court (PIN# 1034251031) from CS Commercial Service to C-3 General Commercial to accom- modate a fitness business and the Zoning Advisory Commission recommending approval. Motion by Jones to receive and file the documents and that the requirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Lynch. On behalf of UFit Properties, LLC, Attorney Michael Pagel spoke in support of the request. Planning Services Manager Laura Carstens provided a staff report. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 20-17 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by re- classifying hereinafter described property located on Cedar Crest Court from CS Com- mercial Service and Wholesale District to C-3 General Commercial District. Seconded by Lynch. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 20-17 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF OR- DINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED ON CEDAR CREST COURT FROM CS COM- MERCIAL SERVICE AND WHOLESALE DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . That Title 16 of the City of Dubuque Code of Ordinances, Unified Develop- ment Code, is hereby amended by reclassifying the hereinafter—described property from 20 CS Commercial Service and Wholesale District to C-3 General Commercial District, to wit: Lot 1 of 3 Cedar Ridge Farm Place #7, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That 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 15th day of May, 2017. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 19th day of May, 2017. /s/Kevin S. Firnstahl, City Clerk 4. Request to Amend Planned Unit Development (PUD) at 3500 Dodge Street: Proof of publication on notice of public hearing to consider approval of a request from Chick- Fil-A / Anchor Sign, 3500 Dodge Street, to amend the Warren Plaza Planned Unit Devel- opment (PUD) to permit a second free- standing sign and the Zoning Advisory Commis- sion recommending approval. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Se- conded by Del Toro. Josh Muckelvaney of Anchor Sign in South Carolina, and Colby Burnett of Chick-Fil-A Dubuque spoke in support of the request and provided additional details. Planning Services Manager Laura Carstens provided a staff report. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 21-17 Amending Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances by rescinding Ordinances 05-79, 43-91 , 26-92, and 94-92 which provide regulations for a PUD Planned Unit Development District with a Planned Commercial Designation for War- ren Plaza located at 3500 Dodge Street and now being amended to allow for a revision to the Sign Requirements within the PUD. Seconded by Del Toro. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 21-17 AN ORDINANCE AMENDING TITLE 16, THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RESCINDING ORDINANCES 05-79, 43-91, 26-92, AND 94-92 WHICH PROVIDE REGULATIONS FOR A PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PLANNED COMMERCIAL DES- IGNATION FOR WARREN PLAZA LOCATED AT 3500 DODGE STREET AND NOW BEING AMENDED TO ALLOW FOR A REVISION TO THE SIGN REQUIREMENTS WITHIN THE PUD NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . That Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances is hereby amended by rescinding Ordinances 05-79, 43-91 , 26-92, and 94- 92, which provide regulations for the Planned Unit Development District with a Planned 21 Commercial District designation for Warren Plaza, and being amended to allow for a re- vision to the sign requirements as shown in Exhibit A as stated below, to wit: Lot 2of2of1 and Lot 1 of1 of1 of2of1 and Lot 2of1 of1 of2of1 and Lot 2 of 1 of 2 of 1 of Hawkeye Stock Farm, Section 28, Township 89N, Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa. Section 2. Attached hereto and made a part of this zoning reclassification approval in the Conceptual Development Plan for Warren Plaza Planned Unit Development marked Exhibit B is recognized that minor shifts or modifications to the general plan layout may be necessary and compatible with the need to acquire workable street patterns, grades, and usable building sites. The general plan layout, including the relationship of land uses to the general plan framework and the development requirements shall be used as the implementation guide. A. Use Regulations The following regulations shall apply to all uses made of land in the above-described PC Planned Commercial District: 1 . The principal permitted uses shall be limited to: a. Local shopping center. 2. Accessory Uses: the following uses are permitted s accessory uses as pro- vided in Section 3-7 Accessory Uses of the Unified Development Code. a. Any use customarily incidental and subordinate to the principal use it serves. b. Wind turbine (building-mounted) 3. Temporary Uses: The following uses shall be permitted as temporary uses in the PUD District in conformance with the provisions of Section 3-19 Temporary uses of the Unified Development Code: a. Any use listed as a permitted use within the district. B. Lot and Bulk Regulation: Development of the land in this particular PC Planned Commercial District shall be regulated as follows. 1 . All structures shall be a minimum of 20 feet from the front property lines ad- joining Dodge Street and Wacker Drive. 2. No building or structure can exceed 30 feet in height on the site. 3. Adequate through space behind the buildings be provide for fire vehicles. C. Parking Requirements 1 . The off-street parking requirements for the principal permitted uses allowed in the herein described PC Planned Commercial District shall be a minimum of one (1) space for each 200 square feet of gross floor area accessible to the general public as shown on the conceptual development plan. 2. All vehicle-related features shall be surfaced with standard or permeable as- phalt, concrete, or pavers. 3. All parking and loading spaces shall be delineated on the surfacing material by painted strips or other permanent means. 4. The number, size, and design of parking spaces and parking lots, including bicycle parking and shared parking, shall be governed by applicable provisions in Section 13 Site Design Standards and 14 Parking of the City of Dubuque Unified Development Code. 5. The number, size, design and location of parking spaces designated for per- sons with disabilities shall be according to the local, state, or federal requirements in effect at the time of development. 22 6. No on-street maneuvering of delivery vehicles will be allowed on any street. Lots shall provide all necessary maneuvering space for delivery vehicles within the boundaries of the lots. D. Site Plan Provisions Site development standards for this PC Planned Commer- cial District shall be as follows: 1 . Final site development plans shall be submitted in accordance with Sections 12 and 13 of the Zoning Ordinance of the City of Dubuque, Iowa and shall be re- viewed with due regard to the previous final development plan dated May 25, 1979, stamped July 5, 1979, which includes the site plan, paving plan, utility plan, land- scape plan, final plat and reciprocal easement and maintenance agreement. 2. Landscaping and screening requirements shall be regulated by the Landscape Plan for Warren Plaza, approved by the Planning and Zoning Commission on June 27, 1080. 3. All utility transmission lines, including telephone and cable television, shall be installed underground. E. Signs. Signs for this PC Planned Commercial District shall be regulated by the Section 15 Signs of the Unified Development Code unless specifically addressed as follows: 1 . Large tenants occupying over 7,000 square feet shall be permitted up to 550 square feet of wall-mounted signage. The exact location of the allowable signage shall vary with each large tenant. 2. Shop tenants occupying 7,000 square feet or less shall be permitted a maxi- mum wall-mounted sign area of two feet high multiplied by 75 percent of the lease hold width. In no event shall a shop tenant be permitted a sign area in excess of 100 square feet. The location of the maximum sign area for shop tenants shall be cen- tered vertically and horizontally on the wood fascia in front of the suite. 3. No exposed raceway, crossovers, conduits, conductors, transformers, etc., shall be permitted. All signs and their installation must comply with all local building and electrical codes. No more than two rows are permitted for shop tenants. 4. Directional signs shall be permitted according to the standard C-3 local zoning regulations. 5. Maximum of one freestanding center identification sign is allowed per premises with a maximum height of 44 feet and sign area of 660 square feet. 6. Maximum of one freestanding tenant sign is allowed per premises with a max- imum height of six-foot and sign area of 30 square feet. F. Site Lighting New outdoor light fixtures shall comply with Section 13-3.1 Site Design Standards of the Unified Development Code. G. Exterior Trash Collection Areas Exterior trash collection areas shall comply with Section 13-4.9 Site Design Stand- ards of the Unified Development Code. H. Platting Subdivision plats shall be submitted in accordance with Section 11 Land Subdivision of the Unified Development Code. I. Storm Water Conveyance 23 The developer shall be responsible for providing surface or subsurface convey- ance(s) of storm water from the lot to existing storm sewers or to flow line of open drainage ways outside the lot in a means that is satisfactory to the City Engineer. Other applicable regulations enforced by the City Engineer relative to storm water manage- ment and drainage shall apply to properties in the PUD District. J. Noises Noises generated within the PUD District shall be regulated by Chapter 33, Article IV, Noises, of the City of Dubuque Code of Ordinances. K. Other Codes and Regulations These regulations do not relieve an owner, developer, or tenant from other applica- ble city, county, state or federal codes, regulations, laws and other controls relative to the planning, construction, operation and management of property in the PUD District. L. Transfer of Ownership Transfer of ownership or lease of property in the Warren Plaza District PUD shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the District PUD. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Ad- visory Commission of the City of Dubuque, Iowa. Section 4. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this 15th day of May, 2017. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Exhibits are on file in the Office of the City Clerk, 50 W. 13th St., Dubuque. Published officially in the Telegraph Herald newspaper on the 19th day of May, 2017. /s/Kevin S. Firnstahl, City Clerk 5. Request to Amend Planned Unit Development (PUD) at 3465 Asbury Road: Proof of publication on notice of public hearing to consider approval of a request from DuTrac Community Credit Union, 3465 Asbury Road, to amend the DuTrac Community Credit Union PUD to modify screening requirements and the Zoning Advisory Commission rec- ommending approval. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Lynch. DuTrac Operations Manager Kim Adams spoke in support of the request and stated that the only person in opposition has since retracted. Planning Services Manager Laura Carstens provided a staff report. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 22-17 Amend- ing Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances by rescinding Ordinance 02-87 which provides regulations for a PUD Planned Unit De- velopment District with a Planned Commercial Designation for the DuTrac Community Credit Union located at 3465 Asbury Road and now being amended to allow for a revision to the screening requirements within the PUD. Seconded by Lynch. Motion carried 7-0. 24 OFFICIAL PUBLICATION ORDINANCE NO. 22-17 AN ORDINANCE AMENDING TITLE 16, THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RESCINDING ORDINANCE 02-87 WHICH PROVIDES REGULATIONS FOR A PUD PLANNED UNIT DEVELOP- MENT DISTRICT WITH A PLANNED COMMERCIAL DESIGNATION FOR THE DUT- RAC COMMUNITY CREDIT UNION LOCATED AT 3465 ASBURY ROAD AND NOW BEING AMENDED TO ALLOW FOR A REVISION TO THE SCREENING REQUIRE- MENTS WITHIN THE PUD NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . That Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances is hereby amended by rescinding Ordinance 02-87 which provides regula- tions for the Planned Unit Development District with a Planned Commercial District des- ignation for DuTrac Community Credit Union, and now being amended to allow for a re- vised screening requirement as in Exhibit A as stated below, to wit: Lots 1 , 2, 3 and 6 of Block 1 , and Lots 1 , 2, 3, 4, 5 and 6 of Block 2 Westchester Subdivision, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. A. Use Regulations. The following regulations shall apply to all uses made of land in the above-described PC Planned Commercial District: 1 . The principal permitted uses shall be limited to: a. Public or quasi-public utilities including substations b. Residential use above the first floor c. Mortuaries and funeral homes d. Commercial and non-commercial art galleries e. Museums and libraries f. Schools of instruction g. Private or public clubs, auditoriums and assembly halls h. General office and rental office i. Medical and dental laboratories j. Drug and health care supplies k. Book, stationary, office supplies, and office furniture I. Artist and photographic studio m. Printing and publishing n. Bank, savings and loan, and small and industrial loan companies, credit unions, with a drive-up or automated facilities o. Data processing center with abilities for satellite data p. Business services q. Personal services r. Professional services (medical) 2. Accessory uses shall include any use customarily incidental and subordinate to the principal use it serves. 3. Temporary use shall be limited to the following: Any use listed as a permitted use within the PUD District of a limited duration as established in Section 2-5.3 of the Unified Development Code. 25 B. Lot and Bulk Regulations: Development of the land in this particular PC Planned Commercial District shall be regulated as follows. 1 . The primary structure shall provide a minimum thirty (30) foot front yard set- back adjoining Asbury Road, a minimum of fifty (50) foot front yard setback adjoining Dana Drive, and a minimum one hundred (100) foot front yard setback adjoining South Way. 2. Accessory structures may be located in the required side yard. 3. No building or structure can exceed forty (40) feet in height. 4. The primary structure shall not exceed 25,000 square feet of gross floor area. 5. Screening shall be required for all mechanical equipment. C. Signs: 1 . The sign regulations shall be the same as that which are allowed in the OS Office Service District as established in Section 15 Signs of the Unified Development Code. D. Performance Standards 1 . Conceptual Development Plan The development and maintenance of uses in the DuTrac Community Credit Un- ion PUD Plan shall comply with the Conceptual Plan as follows: a. The site plans shall be submitted in accordance with Sections 12 and 13 of the Unified Development Code. b. The landscaping and screening requirements as established in Section 4-5 shall apply to this PC Planned Commercial District. A screening composed of earth berm and/or shrubbery of at least five (5) feet in height and 50% opacity or a combination of a solid fence and landscaping as shown in Exhibits A and B attached to this ordinance shall be provided adjoining South Way and Dana Drive. c. Access to and from the site is restricted to Asbury Road. No curb cuts shall be permitted onto South Way or Dana Drive. d. Traffic circulation is restricted to the central portion of the site. e. The rate of storm water discharge from the development (cubic feet per second) shall be limited to the rate estimate for 30% impervious area. f.Within the fifty (50) foot front yard setback a long South Way and Dana Drive, a fifteen (15) foot maximum height shall be allowed for lighting. 2. Off-Street Parking and Loading Regulations a. All vehicle-related features shall be surfaced with standard or permeable asphalt, concrete, or pavers. b. All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other permanent means. c. The number, size and design of parking spaces and parking lots, including bicycle parking and shared parking, shall be governed by applicable provisions in Section 13 Site Design Standards and 14 Parking of the City of Dubuque Uni- fied Development Code. d. The number, size, design, and location of parking spaces designated for persons with disabilities shall be according to the local, state, or federal require- ments in effect at the time of development. 26 e. No on-street maneuvering of delivery vehicles will be allowed on any street. Lots shall provide all necessary maneuvering space for delivery vehicles within the boundaries of the lots. 3. Site Lighting New outdoor light fixtures shall comply with Section 13-3.1 Site Design Standards of the Unified Development Code. 4. Landscaping and Screening Regulations Landscaping and screening requirements shall comply with Section 13-4.1 Site Design Standards of the Unified Development Code and the Performance Stand- ards of this PUD Ordinance. 5. Exterior Trash Collection Areas Exterior trash collection areas shall comply with Section 13-4.9 Site Design Standards of the Unified Development Code. 6. Exterior Storage Exterior storage shall comply with Section 13-4.1 Site Design Standards of the Unified Development Code. 7. Platting Subdivision plats shall be submitted in accordance with Section 11 Land Subdi- vision of the Unified Development Code. 8. Site Plans Final site development plans shall be submitted in accordance with Section 12 Site Plans and Section 13 Site Design Standards of the Unified Development Code prior to construction of each building and vehicle-related feature unless otherwise exempted by Section 12 Site Plans. 9. Storm Water Conveyance The developer shall be responsible for providing surface or subsurface convey- ance(s) of storm water from the lot to existing storm sewers or to flow line of open drainage ways outside the lot in a means that is satisfactory to the City Engineer. Other applicable regulations enforced by the City Engineer relative to storm water management and drainage shall apply to properties in the PUD District. 10. Noises. Noises generated within the PUD District shall be regulated by Chapter 33, Article IV, Noises, of the City of Dubuque Code of Ordinances. 11 . Other Codes and Regulations These regulations do not relieve an owner, developer, or tenant from other appli- cable city, county, state or federal codes, regulations, laws and other controls rela- tive to the planning, construction, operation and management of property in the PUD District. E. Transfer of Ownership Transfer of ownership or lease of property in the Dutrac Community Credit Union District PUD shall include in the transfer or lease agreement a provision that the pur- chaser or lessee acknowledges awareness of the conditions authorizing the establish- ment of the District PUD. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Ad- visory Commission of the City of Dubuque, Iowa. 27 Section 3. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this 15th day of May, 2017. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Exhibits are on file in the Office of the City Clerk, 50 W. 13th St., Dubuque. Published officially in the Telegraph Herald newspaper on the 19th day of May, 2017. /s/Kevin S. Firnstahl, City Clerk 6. Reallocation of General Obligation Bond Series 2012B: Proof of publication on no- tice of public hearing to consider approval of a proposal to reallocate the unspent pro- ceeds of the General Obligation Bond Series 2012B from the construction, reconstruction and repair of street, sidewalk and streetscape improvements to fund the acquisition and improvements of the United States Postal Service parking lot located at the corner of Locust and 5th Streets; the acquisition, demolition and improvements of 1146 Elm Street; and parking improvements at 300 9th Street. Motion by Lynch to receive and file the doc- uments and adopt Resolution No. 177-17 Instituting proceedings to take additional action and approving the reallocation of certain unspent proceeds of the General Obligation Bonds, Series 2012B, of the City of Dubuque, Iowa. Seconded by Connors. Motion car- ried 7-0. RESOLUTION NO. 177-17 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION AND APPROVING THE REALLOCATION OF CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2012B, OF THE CITY OF DUBUQUE, IOWA Whereas, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the reallocation of certain unspent proceeds, in the amount of not to exceed $1 ,443,027 (the "Unspent Proceeds") of the General Obligation Bonds, Series 2012B, of the City of Dubuque, Iowa, in order to provide funds to pay costs of funding the acquisition and improvements of the United States Postal Service parking lot located at the corner of Locust and 5th Streets in the amount of approximately $250,000, to pay costs of funding the acquisition, demolition and improvements of 1146 Elm Street in the amount of approximately $806,027 and to pay costs of funding improvements at 300 9th Street in the amount of approximately $387,000, and has considered the extent of objections received from residents or property owners as to said proposal and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . That this Council does hereby institute proceedings and takes additional action for the reallocation of the Unspent Proceeds of the General Obligation Bonds, Se- ries 2012B, for the foregoing purposes, and the proposed reallocation of the Unspent Proceeds to pay costs of funding the acquisition and improvements of the United States Postal Service parking lot located at the corner of Locust and 5th Streets, acquisition, 28 demolition and improvements of 1146 Elm Street and improvements at 300 9th Street, is in all respects authorized and approved. Section 2. The Finance Director is authorized and directed to take such action as may be necessary to effect and implement the foregoing reallocation of the Unspent Proceeds to pay costs of funding the acquisition and improvements of the United States Postal Service parking lot located at the corner of Locust and 5th Streets, acquisition, demolition and improvements of 1146 Elm Street and improvements at 300 9th Street, and to cause the records and accounts of the City to reflect the same. Passed and approved this 15th day of May, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 7. Fiscal Year 2017 Cured-In-Place Pipe (CIPP) Sanitary Sewer Lining Project: Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract, and estimated cost for the Fiscal Year 2017 Cured-In-Place Pipe (CIPP) Sanitary Sewer Lining Project and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 178-17 Approval of plans, specifications, form of contract, and estimated cost for the FY17 Sanitary Sewer Cured-in-Place Pipe (CIPP) Lining Project. Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 178-17 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI- MATED COST FOR THE FY17 SANITARY SEWER CURED-IN-PLACE PIPE (CIPP) LINING PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the FY17 Sanitary Sewer Cured-in-Place Pipe (CIPP) Lining Project, in the estimated amount $325,965.20, are hereby approved. Passed, adopted and approved this 15th day of May 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 8. Timber Ridge/Rustic Point Water Main Extension Project 2017: Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract and estimated cost for the Timber Ridge/Rustic Point Water Main Extension Project 2017 and the City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 179-17 Approval of plans, specifications, form of contract, and estimated cost for the Timber Ridge/Rustic Point Water Main Extension 2017 Project. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 179-17 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI- MATED COST FOR THE TIMBER RIDGE/RUSTIC POINT WATER MAIN EXTENSION 2017 PROJECT 29 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Timber Ridge/Rustic Point Water Main Extension 2017 Project, in the estimated amount $924,200.00, are hereby approved. Passed, adopted and approved this 15th day of May 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ACTION ITEMS 1 . Flexsteel Industries, Inc.: City Manager recommending Council approval of the Re- development Project Agreement between Flexsteel Industries, Inc., Dubuque Initiatives and the City of Dubuque; and approval of resolutions setting a public hearing for June 5, 2017, to consider the Development Agreement between Flexsteel Industries, Inc. and the City of Dubuque, and the Offer to Buy and Acceptance between Dubuque County and the City of Dubuque. Press Release from Greater Dubuque Development Corporation. Redevelopment Project Agreement: Motion by Jones to receive and file the documents and adopt Resolution No. 180-17 Approving a Redevelopment Project Agreement by and among the City of Dubuque, Iowa, Dubuque Initiatives, and Flexsteel Industries, Inc. Se- conded by Connors. Motion carried 7-0. Development Agreement and Offer to Buy and Acceptance: Motion by Jones to receive and file the documents and adopt Resolution No. 181-17 Resolution of Intent to approve a Development Agreement between the City of Dubuque and Flexsteel Industries, Inc. and 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 Grant Obligations and providing for the publication of notice thereof; and Resolution No. 182-17 Resolution of Intent to dispose of an interest in City of Dubuque real estate pursuant to an offer to buy and acceptance between the City of Dubuque and Dubuque County, Iowa and fixing the date for a public hearing and providing for the publication of notice thereof setting a public hearing for a meeting to commence at 6:00 p.m. on June 5, 2017 in the Historic Federal Building. Seconded by Lynch. Motion carried 7-0. The City Council thanked all the staff and partners for their efforts in negotiating the agreements. RESOLUTION NO. 180-17 APPROVING A REDEVELOPMENT PROJECT AGREEMENT BY AND AMONG THE CITY OF DUBUQUE, IOWA, DUBUQUE INITIATIVES, AND FLEXSTEEL INDUS- TRIES, INC. Whereas, City of Dubuque, Iowa, a municipality (City), established pursuant to the Iowa Code and acting under authorization of Iowa Code Chapter 403, as amended (Urban Renewal Act), Dubuque Initiatives, an Iowa not for profit corporation (Initiatives), and Flexsteel Industries, Inc., a Minnesota corporation, with its principal place of business in Dubuque, Iowa (Flexsteel), have tentatively entered into a Redevelopment Project Agree- ment regarding the redevelopment of a certain tract of land located in the City and County of Dubuque, a copy of which Redevelopment Project Agreement is on file at the Office of the City Clerk; and 30 Whereas, the tract of land is more particularly described as follows (hereinafter "the Property"): Tax Parcel Numbers: • 1011426003 (30.00 acres); • 1011426004 (8.36 acres); • 1013101001 (0.26 acres); • 1011427004 (0.83 acres); • 1014230001 (3.73 acres) excluding a parcel of real estate at the Southwest cor- ner of Flexsteel's parking lot located at the Northeast corner of 32nd and Jackson Streets, Dubuque, Iowa, consisting of approximately 35,680 square feet and hav- ing a street address of 3250 Jackson Street (American Trust branch); and Whereas, Property was most recently used as an industrial facility by Flexsteel which has entered into a Development Agreement with City to build a new industrial facility and retain employment in the City and County of Dubuque; and Whereas, Flexsteel desires to donate the Property to Initiatives, a not for profit com- munity development organization; and Whereas, the parties believe that the redevelopment and utilization of the Property pursuant to the Redevelopment Project Agreement, and the fulfillment generally of the Redevelopment Project Agreement, are in the vital and best interests of the citizens of the City and County of Dubuque and in accord with the public purposes and provisions of the applicable federal, state and local laws and the requirements under which the Rede- velopment Project Agreement is undertaken and is being assisted; and Whereas, the parties have determined that the Redevelopment Project Agreement will remove a potential source of brownfield and blight concerns on the community's north- side and be transformational in scope by providing for the expansion of desirable uses both within the urban core of the community and into the surrounding county; and Whereas, the City Council believes that the development of the Property pursuant to the Redevelopment Project Agreement, and the fulfillment generally of the Redevelop- ment Project Agreement, are in the vital and best interests of City and in accord with the public purposes and provisions of the applicable federal, state and local laws; and Whereas, it is the determination of the City Council that approval of the Redevelopment Project Agreement according to the terms and conditions set out in the Redevelopment Project Agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . That the Redevelopment Project Agreement by and among the City of Dubu- que, Dubuque Initiatives, and Flexsteel Industries, Inc. is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Redevel- opment Project Agreement on behalf of the City of Dubuque and the City Clerk is author- ized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Redevelopment Project Agreement as herein approved. Passed, approved and adopted this 15th day of May, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 31 RESOLUTION NO. 181-17 INTENT TO APPROVE A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE AND FLEXSTEEL INDUSTRIES, INC. AND 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 GRANT OBLIGATIONS AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property): Lot 4 of Dubuque Industrial Center South First Addition in the City of Dubuque, Iowa; and Whereas, City and Flexsteel Industries, Inc. (Flexsteel) have entered into a Develop- ment Agreement, subject to the approval of the City Council, pursuant to which Flexsteel will construct on the property certain improvements described in the Development Agree- ment; and Whereas, the City Council has tentatively determined that it would be in the best inter- ests of City to approve the Development Agreement; and Whereas, the Development Agreement provides for the issuance by City of economic development grants to Flexsteel, referred to therein as the Economic Development Grants, payable from the tax increment revenues collected in respect of the Improve- ments to be constructed by Flexsteel in accordance with the Development Agreement, for the purpose of carrying out the objectives of an Urban Renewal Plan 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 meet- ing the City Council shall receive oral and/or written objections from any resident or prop- erty 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 of Dubuque intends to approve the proposed Development Agree- ment with Flexsteel. Section 2. The City Clerk is hereby authorized and directed to cause a notice to be published as prescribed by Iowa Code Section 403.9 of a public hearing to be held on the 5th day of June, 2017 at 6:00 p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa. Section 3. The City Council will meet at said time and place for the purpose of taking action on the matter of authorizing the execution of the Development Agreement with Flexsteel, pursuant to and in accordance with the Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, including but not limited to the funding of Economic Development Grants to Flexsteel under the terms and conditions of the De- velopment Agreement and said Urban Renewal Plan. It is expected that the aggregate amount of the Economic Development Grants will not exceed $4,100,000. Section 4. The City Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, 32 published at least once weekly, and having general circulation in said City, said publica- tion 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 5. That the notice of the proposed action shall be in substantially the form attached hereto. Passed, approved and adopted this 15th day of May, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 182-17 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE PUR- SUANT TO AN OFFER TO BUY AND ACCEPTANCE BETWEEN THE CITY OF DUBU- QUE AND DUBUQUE COUNTY, IOWA AND FIXING THE DATE FOR A PUBLIC HEARING AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property): Lot 4 of Dubuque Industrial Center South First Addition in the City of Dubuque, Iowa; and A parcel of land of 3.88 acres more or less on Seippel Road in the Dubuque Industrial Center West Urban Renewal District of the City of Dubuque, as shown on Exhibit A at- tached hereto, subject to survey and platting the cost of which will be paid by Buyer; and Whereas, City and Dubuque County, Iowa (County) have entered into an Offer to Buy and Acceptance (the Agreement), subject to the approval of the City Council, pursuant to which City will convey the Property to County; County will convey Lot 4 of Dubuque In- dustrial Center South First Addition in the City of Dubuque, Iowa to Flexsteel Industries, Inc. or an affiliate of Flexsteel Industries, Inc. (Flexsteel), and Flexsteel will construct on Lot 4 of Dubuque Industrial Center South First Addition in the City of Dubuque, Iowa certain Improvements for a manufacturing facility described in a Development Agreement between the City of Dubuque, Iowa and Flexsteel; and Whereas, the City Council has tentatively determined that it would be in the best inter- ests of City to approve the Agreement for sale of the Property to County; and Whereas, 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 of Dubuque intends to dispose of its interest in the foregoing-de- scribed Property by Deed to Dubuque County, Iowa pursuant to the proposed Agreement. Section 2. The City Clerk is hereby authorized and directed to cause a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the foregoing-described Property, to be held on the 5th day of June, 2017, at 6:00 p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa. Section 3. The City Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, 33 published at least once weekly, and having general circulation in said City, said publica- tion to be not less than four days nor more than twenty days before the date of said meeting on the disposal of the City's interest in the Property. Section 4. That the notice of the proposed action shall be in substantially the form attached hereto. Passed, approved and adopted this 15th day of May, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. State of Iowa Application for Business Financial Assistance - Flexsteel Industries, Inc.: City Manager recommending authorization to submit an Iowa Economic Develop- ment Assistance Application by Flexsteel Industries, Inc. to the Iowa Economic Develop- ment Authority. Motion by Connors to receive and file the documents and adopt Resolu- tion No. 183-17 Authorizing the filing of an application for State Business Financial Assis- tance on behalf of Flexsteel Industries, Inc. Seconded by Del Toro. Motion carried 7-0. RESOLUTION NO. 183-17 AUTHORIZING THE FILING OF AN APPLICATION FOR STATE BUSINESS FINAN- CIAL ASSISTANCE ON BEHALF OF FLEXSTEEL INDUSTRIES, INC. Whereas, Flexsteel Industries, Inc. has proposed making a Thirty-Five Million Five Hundred Sixty-Four Thousand Dollar ($35,564,000.00) investment for the remediation of its current facility and construction of a new manufacturing facility in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has considered the proposal and has determined that the proposed project will contribute to the local economy through the retention of two hundred (200) full-time jobs in the City, all of which qualify for the Iowa Economic Development Authority Business Financial Assistance Program; and Whereas, financial assistance from the Iowa Economic Development Authority is de- signed to assist in the economic development efforts of local jurisdictions; and Whereas, the Iowa Economic Development Authority has requested execution of an Economic Development Assistance Contract in order to finalize incentives and document associated terms for the remediation of the current facility on Jackson Street and the construction of Flexsteel Industries, Inc.'s proposed facility in the Dubuque Industrial Cen- ter in the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . That the filing of an Application for participation in the Iowa Economic De- velopment Authority's Financial Assistance Program on behalf of Flexsteel Industries, Inc., a copy of which is attached hereto, is hereby approved. Section 2. That the Mayor is hereby authorized to execute and the City Manager is hereby directed to submit the Application to the Iowa Economic Development Authority together with such other documents as may be required. Passed, approved, and adopted this 15th day of May, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 34 3. Imagine Dubuque Comprehensive Plan Update and Request for (2)Work Sessions: City Manager transmitting the third quarterly update for the new Imagine Dubuque Com- prehensive Plan and requests the City Council schedule two work sessions, one on July 10 and the other on August 28. Motion by Connors tor receive and file the documents, set the work sessions as recommended and view the presentation. Seconded by Resnick. Mike Hoffman of Teska and Associates and the City's Associate Planner Dave Johnson provided a slide presentation. Topics included: Timelines 2016-2017 for community work- shops and events; community outreach and overview of components; interview groups; promotion; emerging themes; and what's next. Motion carried 7-0. 4. State of Iowa Application for Business Financial Assistance - Wave Reaction, Inc.: City Manager recommending authorization to submit an Iowa Economic Development Assistance Application by Wave Reaction, Inc. to the Iowa Economic Development Au- thority for the proposed investment of approximately $1 .98 million for the relocation of its Illinois operations to downtown Dubuque. Motion by Resnick to receive and file the doc- uments and adopt Resolution No. 184-17 Authorizing the filling of an application for State Business Financial Assistance on behalf of Wave Reactions, Inc. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 184-17 AUTHORIZING THE FILING OF AN APPLICATION FOR STATE BUSINESS FINAN- CIAL ASSISTANCE ON BEHALF OF WAVE REACTIONS, INC. Whereas, Wave Reactions, Inc. has proposed making a One Million Nine Hundred Eighty Thousand Dollar ($1 ,980,000.00) investment for the purchase and improvement of an office facility in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has considered the proposal and has determined that the proposed project will contribute to the local economy through the creation of twenty (20) full-time jobs in the City, all of which qualify for the Iowa Eco- nomic Development Authority Business Financial Assistance Program; and Whereas, financial assistance from the Iowa Economic Development Authority is de- signed to assist in the economic development efforts of local jurisdictions; and Whereas, the Iowa Economic Development Authority has requested execution of an Economic Development Assistance Contract in order to finalize incentives and document associated terms for the acquisition and improvements of Wave Reaction, Inc.'s proposed location at 703 Main Street in the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . That the filing of an Application for participation in the Iowa Economic De- velopment Authority's Financial Assistance Program on behalf of Wave Reaction, Inc., a copy of which is attached hereto, is hereby approved. Section 2. That the Mayor is hereby authorized to execute and the City Manager is hereby directed to submit the Application to the Iowa Economic Development Authority together with such other documents as may be required. Passed, approved, and adopted this 15th day of May, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 35 5. 2017 Asphalt Overlay Project Two Award: City Manager recommending that the award for the 2017 Asphalt Overlay Access Ramp Project Two to Dan Arensdorf Con- struction, Inc. be officially recorded in the minutes of the City Council. Motion by Lynch to receive and file the documents. Seconded by Connors. Motion carried 7-0. 6. Westside Water System Improvements - Construction Inspection Contract Award: City Manager recommending authorization to enter into an agreement with IIW, P.C. to perform construction administration and inspection services associated with the water main extension to the former Central Iowa Water Association's (CIWA) Vernon Water and Barrington Lakes water systems. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Lynch. Motion carried 7-0. 7. Fundraising and Naming Recognition Policy: City Manager recommending approval of a Fundraising and Naming Recognition Policy for Major Capital Projects on City Lands or Under City Jurisdiction. Motion by Connors to receive and file the documents and ap- prove the recommendation. Seconded by Jones. Motion carried 7-0. 8. Code of Ordinances Amendment - Title 10 Parks and Recreation, Public Ways and Property related to the Bee Branch Creek Greenway: City Manager recommending ap- proval of ordinance amendments to address the addition of the Bee Branch Creek Green- way. 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. Leisure Services Manager Marie Ware and City Attorney Brumwell responded to ques- tions from the City Council about skateboards and non-motorized vehicles and the efforts taken to prevent damage to the property as well as what defines something as non-mo- torized. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 23-17 Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 5 Parks and Recreation, Article B Use Regulations, Sections 10-5B-2 Intoxicating Beverages, 10- 5B-4 Dogs, Cats and Other Domestic Animals, 10-5B-5 Walking on Grass, 10-5B-7 Inter- fering with Animals, 10-5B-16 Meetings and Gatherings, 10-5B-20 Compliance with Motor Vehicle Laws, Ordinances, 10-5B-21 Removal of Unattended Vehicles Left After Closing Hours, 10-5B-22 Open Season and Hours Generally; Article C Specific Parks, Open Spaces and Trails, Section 10-5C-1 Specific Park Areas, Open Spaces, and Trails De- scribed; and Amending Article B Use Regulations by Adding Sections 10-5B-23 Water- sports, Swimming, and Wading and 10-5B-24 Prohibited Activities, Signage; and Ordi- nance No. 24-17 Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 7 Boats and Waterfront Structures, Section 10-7-13 Activities Pro- hibited. Seconded by Connors. Motion carried 7-0. 36 OFFICIAL PUBLICATION ORDINANCE NO. 23-17 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 10 PUBLIC WAYS AND PROPERTY, CHAPTER 5 PARKS AND RECREATION, ARTICLE B USE REGU- LATIONS, SECTIONS 10-5B-2 INTOXICATING BEVERAGES, 10-5B-4 DOGS, CATS AND OTHER DOMESTIC ANIMALS, 10-5B-5 WALKING ON GRASS, 10-5B-7 INTER- FERING WITH ANIMALS, 10-5B-16 MEETINGS AND GATHERINGS, 10-5B-20 COM- PLIANCE WITH MOTOR VEHICLE LAWS, ORDINANCES, 10-5B-21 REMOVAL OF UNATTENDED VEHICLES LEFT AFTER CLOSING HOURS, 10-5B-22 OPEN SEA- SON AND HOURS GENERALLY; ARTICLE C SPECIFIC PARKS, OPEN SPACES AND TRAILS, SECTION 10-5C-1 SPECIFIC PARK AREAS, OPEN SPACES, AND TRAILS DESCRIBED; AND AMENDING ARTICLE B USE REGULATIONS BY ADD- ING SECTIONS 10-5B-23 WATERSPORTS, SWIMMING, AND WADING AND 10-5B- 24 PROHIBITED ACTIVITIES, SIGNAGE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . Section 10-5B-2 of the City of Dubuque Code of Ordinances is amended to read as follows: 10-5B-2: INTOXICATING BEVERAGES: A. Possession, Consumption, Or Use of Alcoholic Liquor, Wine, Beer, Or Other In- toxicating Beverages Prohibited: 1 . The possession, consumption, or use of alcoholic liquors, wine, and beer as defined by chapter 123 of the code of Iowa or any other intoxicating beverages is prohibited on park roadways and trails, in park and recreation facility parking lots, and in vehicles located within a park. 2. The possession, consumption, or use of alcoholic liquors, wine, and beer as defined by chapter 123 of the code of Iowa or any other intoxicating beverages is prohibited in any public park, open space, or park and recreation facility unless spe- cifically exempted in subsection B of this section. B. Exemptions: 1 . Locations Exempt: Subsection A2 of this section shall not apply to the posses- sion, consumption, or use of alcoholic liquors, wine, beer, or other intoxicating bev- erages at: a. Alliant Energy Amphitheater events for which a special events permit has been issued under chapter 4 of this title; b. American Trust River's Edge Plaza events for which a special events permit has been issued under chapter 4 of this title; c. A.Y. McDonald Park; d. Bee Branch Creek Greenway; e. Bunker Hill Golf Course; f. Eagle Point Park; g. Flora Park; h. Four Mounds Park as approved by the Four Mounds Foundation; i. John G. Bergfeld Recreation Area; j. Marshall Park as approved by the Dubuque Arboretum Association, Inc.; 37 k. McAleece Park and Recreation Complex; I. Miller-Riverview Park; m. Murphy Park; n. Port of Dubuque Marina; o. Port of Dubuque Riverwalk Trail events for which a special events permit has been issued under chapter 4 of this title; p. Veterans Park; and q. Any other park with the prior written approval of the city manager. 2. Closed Containers: Subsection A of this section shall not apply to the trans- porting of closed containers of intoxicating beverages on park roadways, in park and recreation facility parking lots, in vehicles located within the park, and the public parks and park and recreation facilities listed in subsection B1 of this section. 3. Keg Beer: Notwithstanding subsection B1 of this section, beer in containers commonly referred to as "keg beer" shall only be permitted by a licensed holder of a beer permit who has obtained a permit from the city manager authorizing the use of such container. Section 2. Section 10-5B-4 of the City of Dubuque Code of Ordinances is amended to read as follows: 10-5B-4: DOGS, CATS AND OTHER DOMESTIC ANIMALS: A. Animals Prohibited: No person shall be permitted to bring into any park, parkway, trail, or open space, any dog, cat or other domestic animal, nor shall any person permit such dog, cat or other domestic animal to run at large in any park, parkway, trail, or open space. Any unattended animal shall be impounded and its owner may redeem the same upon paying the reasonable costs of such impoundment. B. Leashed Dogs and Cats Allowed in Certain Parks And Areas: 1 . Notwithstanding the foregoing, leashed dogs and cats shall be permitted in the following: A.Y. McDonald Park Bee Branch Creek Greenway Granger Creek Nature Trail Heritage Trail Jaycee Trail John G. Bergfeld Recreation Area Medical Associates Greenbelt Park Miller-Riverview Park Northwest Arterial Trail Port of Dubuque Marina Port of Dubuque Riverwalk Trail Powerline Trail Pyatigorsk Park Southern Levy Trail 2. Leashed dogs and cats as allowed in subsection B1 of this section are subject to and must comply with the provisions of title 7, chapter 6 of this code. 3. The owner or keeper must pick up and dispose of or take away the dog or cat's waste. 4. The owner or keeper is responsible for the actions of the dog or cat. 38 C. Unleashed Pets Allowed in Pet Park: Unleashed pets shall be permitted in the pet park. D. Exceptions: This section does not apply to: 1 . Service animals used by persons with disabilities; 2. As part of an approved and permitted special event under chapter 4 of this title; 3. Animals which are part of the Storybook Hill Petting Zoo at Franklin Delano Roosevelt Park; and 4. Animals within Eagle Point Park, Murphy Park and Flora Park which are con- fined to an automobile, camper, motor home (a.k.a. recreational vehicle), or other similar conveyance during the entirety of their time within the designated park(s), parkway(s), trail(s), or open space(s). Section 3. Section 10-5B-5 of the City of Dubuque Code of Ordinances is amended to read as follows: 10-5B-5: ACCESS LIMITED: No person may proceed into or upon an area of any park, parkway, trail, or open space where any prohibitory sign is posted. Section 4. Section 10-5B-7 of the City of Dubuque Code of Ordinances is amended to read as follows: 10-5B-7: INTERFERING WITH ANIMALS, FISHING: No person shall kill, trap, tease, annoy, disturb, feed or interfere with any bird or other fowl, or animals in any park, parkway, trail, or open space. No person shall rob, injure or destroy the nest of any bird or any other fowl. Fishing is allowed at the following locations: AY McDonald Park Bee Branch Creek Greenway Bissell Harbor Dove Harbor, Seventh Street area Dubuque Marina Harbor Heron Pond, located within Miller Riverview Park Ice Harbor John G. Bergfeld Recreation Area Maus Park Port of Dubuque Marina Schmitt Harbor 16th Street detention basin 32nd Street detention basin ponds Section 5. Section 10-5B-16 of the City of Dubuque Code of Ordinances is amended to read as follows: 10-5B-16: MEETINGS AND GATHERINGS: Parks, parkways, trails, open spaces, or portions thereof, are available for reservation for group gatherings during the open park season by contacting the Leisure Services Department office. Such reservations can be made twenty-three (23) months in advance. Parks, parkways, trails, open spaces, or portions thereof, shall be cleaned up after use by the party reserving the same. Litter, cans, paper, waste and refuse shall be deposited in receptacles provided therefor. 39 Section 6. Section 10-5B-20 of the City of Dubuque Code of Ordinances is amended to read as follows: 10-5B-20: COMPLIANCE WITH TRAFFIC AND VEHICLE LAWS, ORDINANCES: A. Motorized Vehicles: No person in a park, parkway, trail, or open space shall fail to comply with all applicable provisions of the motor vehicle laws of the state in regard to equipment and operation of motor vehicles together with such regulations as are contained in this article and other ordinances of the city. Non-Motorized Vehicles: Non-motorized vehicles, including, but not limited to skate- boards, bicycles, scooters, and hoverboards, must comply with the provisions of 9-7- 321 .275A. Section 7. Section 10-5B-21 of the City of Dubuque Code of Ordinances is amended to read as follows: 10-5B-21 : UNATTENDED VEHICLES: Any motor vehicle left unattended in any of the parks after closing thereof shall be deemed abandoned and the city manager or the park ranger shall cause the same to be towed from such park and the same shall not be redeemed by the owner or the person responsible therefor until the reasonable towing charges and storage fees are paid. It shall be unlawful for a motor vehicle to stand or park in a park, parkway, trail, or open space for more than twenty-four (24) hours without such vehicle being moved, unless authorized by the city manager. Parking may be limited to users of parks, parkways, trails, or open spaces and the city manager reserves the right to remove motor vehicles which are not associated with users of the parks, parkways, trails, or open spaces. Section 8. Section 10-5B-22 of the City of Dubuque Code of Ordinances is amended to read as follows: 10-5B-22: OPEN SEASON AND HOURS GENERALLY: A. No person shall enter or remain in any park, parkway, trail, open space, or park and recreation facility other than during the season and hours designated in this sec- tion. B. For the purposes of this section, the regular park season shall mean from the first Saturday in May through the fourth Sunday of October. The pet park shall be open year-round. C. Eagle Point Park and Louis Murphy Park shall be open for use by the public from seven o'clock (7:00) a.m. to ten o'clock (10:00) p.m. Sunday through Thursday, and from seven o'clock (7:00) a.m. to eleven o'clock (11 :00) p.m. Friday and Saturday dur- ing the regular park season. D. Marshall Park and the public use area of Franklin Delano Roosevelt Park shall be open to the general public from seven o'clock (7:00) a.m. to sunset daily during the regular park season. E. Gerald "Red" McAleece Park And Recreation Complex and Veterans Memorial Park shall be open for use by the public from seven o'clock (7:00) a.m. to twelve o'clock (12:00) midnight daily. F. Bunker Hill Golf Course shall be open for use by the public from seven o'clock (7:00) a.m. to eleven o'clock (11 :00) p.m. daily, March through November. 40 G. Flora Park Swimming Pool and Nicholas J. Sutton Swimming Pool shall be open for use by the public from six o'clock (6:00) a.m. to ten o'clock (10:00) p.m. daily, June through August. H. The following parks, parkways, trails, open spaces, and park and recreation fa- cilities will be open for use by the public from seven o'clock (7:00) a.m. to ten o'clock (10:00) p.m. daily, unless alternate/extended times/hours have been approved through a special events permit or conditions of a city rental reservation: A.Y. McDonald Park Allison-Henderson Park Avon Park Burden Park Caledonia Park Cancer Survivor Park Center Grove open space Cleveland Park Comiskey Park Eagle Valley Park Elmwood Green Park Falk Park Flat Iron Park Flora Park Gay Park Grant Park Harvest View Park Hillcrest Park Hilltop Park Ice Harbor Park Jackson Park Jefferson Park John G. Bergfeld Recreation Area Madison Park Mama Ridge Children's Forest Medical Associates Greenbelt Oakwood Park Pet Park Pinard Park Port of Dubuque Marina Pyatigorsk Park Riley Park Rocco Buda Jr. Park Southern Park Teddy Bear Park Trolley Line Trail Usha Park Valentine Park Valley High Park 41 Waller-Cooper Park Washington Park Welu Park Westbrook Park I. Miller-Riverview Park shall be open for use by the public from seven o'clock (7:00) a.m. until ten o'clock (10:00) p.m. daily, and only registered campers shall be permitted in the area at all other hours. J. The city manager or authorized representative shall have the authority to close any or all parks, parkways, trails, open spaces, park and recreation facilities, park roadways and park parking lots before scheduled closing hours at times it is deemed necessary in the interest and safety of the public. K. The following parks shall be open for use by the public twenty-four (24) hours per day: Alliant Energy Amphitheater American Trust River's Edge Plaza Bee Branch Creek Greenway Granger Creek Nature Trail Heritage Trail Jaycee Trail Northwest Arterial Trail Port of Dubuque Riverwalk Trail Powerline Trail Southern Levy Trail Section 9. Title 10, Chapter 5, Article B of the City of Dubuque Code of Ordinances is amended by adding the following: 10-5B-23: WATERSPORTS, SWIMMING, AND WADING. See 10-7-13. Section 10. Title 10, Chapter 5, Article B of the City of Dubuque Code of Ordinances is amended by adding the following: 10-5B-24: PROHIBITED ACTIVITIES, SIGNAGE: The city manager is authorized to post signage in parks, parkways, trails, and open spaces, or any portions thereof, regulating activities within the designated area. A failure to comply with signage shall be a violation of this code. Section 11 . Section 10-5C-1 of the City of Dubuque Code of Ordinances is amended to read as follows: 10-5C-1 : SPECIFIC PARK AREAS, OPEN SPACES, AND TRAILS DESCRIBED: Park descriptions for parks, open space descriptions for open spaces and trail descrip- tions for trails will be reviewed on a periodic basis and added, deleted and amended as necessary. Enforcement of use regulations will not be contingent on parks, open spaces, and trails being specifically listed in this section. The following described parcels of real estate are and will be used for public park pur- poses and will continue to be known as set forth below and placed under the jurisdiction of the park and recreation advisory commission: 42 Alliant Energy Amphitheater: The area of the Port of Dubuque west of the Port of Dubu- que Riverwalk Trail, south of the railroad tracks, east of Bell Street, and adjacent to the former Dubuque Star Brewery. American Trust River's Edge Plaza: That area, including the flat area, steps and ramp, outside the floodwall at the Port of Dubuque at the south end of the Port of Dubuque Riverwalk Trail. Bee Branch Creek Greenway: The park area surrounding the 16th Street detention ba- sin and paralleling the day lighted Bee Branch Creek. Cancer Survivor Park: Lot 21 and 22 of the Finley Home Addition. Creek Wood Park: Lot 2 of Timber-Hyrst Place #2 in the City of Dubuque. Maus Park: Lot 1-1-1 of Mineral Lot 38, Lot 2 of Section 31 , Township 89 North, Range 2 East of Lands Part of Moore's Mill Slough Township 89 North, Range 2 East Part of Moore's Mill Slough in Section 31 and Section 36, Township 89 North, Range 2 East and Lot 1 Mount Carmel Subdivision. Valentine Park: Lot 1 of the Subdivision of Lot 1 of Lot 1 of Lot 1 of McLean Heights and Lot 4 in Block 2 of Mama Ridge Estates 2 in the city of Dubuque, Iowa and Lot 1 of Roepsch Place No. 2. Section 12. This Ordinance takes effect upon publication. Passed, approved and adopted this 15th day of May, 2017. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 19th day of May, 2017. /s/Kevin S. Firnstahl, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 24-17 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 10 PUBLIC WAYS AND PROPERTY, CHAPTER 7 BOATS, BOATING AND WATERFRONT STRUC- TURES, SECTION 10-7-13 ACTIVITIES PROHIBITED NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . Section 10-7-13 of the City of Dubuque Code of Ordinances is amended to read as follows: 10-7-13: PLACES AND HOURS OF RESTRICTION: A. Watersports Prohibition: No person shall ice skate or operate a vessel towing a person or persons on water skis, surfboard or similar device, nor shall any person en- gage in waterskiing, motorized personal watercraft operation, surfboarding (excluding paddle boarding) or similar activity at any time in the following areas: 1 . Bissell Harbor. 43 2. Dove Harbor, Seventh Street area. 3. Dubuque Marina Harbor. 4 Heron Pond, located within Miller Riverview Park. 5. Ice Harbor including Port of Dubuque Marina. 6. John G. Bergfeld Recreation Area. 7. Maus Park. 8. Northwest Arterial Detention Basin. 9. Schmitt Harbor. 10. 16th Street Detention Basin. 11 . 32nd Street Detention Basin Pond(s). B. Swimming and Wading: No person shall swim or wade at any time in the following areas: 1 . Bee Branch Creek Greenway. 2. Bissell Harbor. 3. Dove Harbor, Seventh Street Area. 4. Dubuque Marina Harbor. 5. Heron Pond, located within Miller Riverview Park. 6. Ice Harbor including Port of Dubuque Marina. 7. John G. Bergfeld Recreation Area. 8. Maus Park. 9. Miller Riverview Park. 10. Northwest Arterial Detention Basin. 11 . Port of Dubuque Riverwalk Trail. 12. Rivers Edge Plaza. 13. Schmitt Harbor. 14. 16th Street Detention Basin. 15. 32nd Street Detention Basin pond(s). C. Schmitt Harbor and Hawthorne Street Boat Ramps: No person shall swim or ice skate within five hundred feet (500') of the Schmitt Harbor Boat Ramp and the Haw- thorne Street Boat Ramp. D. In all other areas under the jurisdiction of the city, no person shall swim, ice skate or operate a vessel towing a person or persons on water skis, surfboard or similar device, nor shall any person engage in waterskiing, surfboarding (excluding paddle boarding) or similar activity at any time between the hours of one-half (1/2) hour after sunset to sunrise. E. Nothing herein shall prohibit access to the Ice Harbor including the Port of Dubu- que Marina for commercial use of the facility. Section 2. This Ordinance takes effect upon publication. Passed, approved and adopted this 15th day of May, 2017. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 19th day of May, 2017. /s/Kevin S. Firnstahl, City Clerk 44 9. Request to Reschedule July 3, 2017 Regular City Council Meeting: Mayor Buol sub- mitting a request to reschedule the regular City Council meeting of Monday, July 3, 2017 to Wednesday, July 5, 2017 at 6:00 p.m. Motion by Connors to receive and file the docu- ments and reschedule the meeting as requested. Seconded by Resnick. Motion carried 7-0. 10. Bee Branch Creek Grand Opening: City Manager providing save-the-date infor- mation for the ribbon cutting and grand opening of the Bee Branch Creek on Wednesday, July 19, 2017 at the Bee Branch Amphitheater. Motion by Connors to receive and file the documents. Seconded by Resnick. Motion carried 7-0. COUNCIL MEMBER REPORTS Mayor Buol, on behalf of the City Council and staff, congratulated and thanked Assis- tant City Manager Cindy Steinhauser. This is her last meeting as she prepares for her new position as City Manager in Frankfort, Kentucky. Council Member Connors reported on doing presentations and tours with several local Boy Scout Troop members who earn a new badge for meeting with elected officials. There being no further business, upon motion the City Council adjourned at 8:25 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk 45