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6 15 09 City Council Proceedings Official CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on June 15, 2009 in the Historic Federal Building. Present: Mayor Pro-Tem Connors, Council Members Braig, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen, City Attorney Lindahl Absent: Mayor Roy D. Buol Pledge of Allegiance Invocation was provided by Deacon David McGhee of the Church of the Nativity PROCLAMATIONS Colts Drum and Bugle Corps (June 30 and July 31, 2009) was accepted by Colts Youth Program Director Vicky Schaffer, 2685 Broadway Street; Monarch Moments Month (July, 2009) was accepted by Sue Frank, 2937 Burlington Street. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Braig. Motion carried 6-0. Minutes and Reports Submitted: Cable TV Teleprogramming Commission of 5/5; City Council of 6/1 and 6/8; Civil Service Commission of 5/14 and 5/15; Community Development Advisory Commission of 4/22; Environmental Stewardship Advisory Commission of 5/5; Historic Preservation Commission of 5/21; Housing Commission Trust Fund Committee of 9/29/08; Human Rights Commission of 3/9 and 4/30; Park and Recreation Commission of 5/12; Zoning Advisory Commission of 6/3; Zoning Board of Adjustment of 5/28 Proofs of publication of City Council Proceedings of May 18 and May 27, 2009 and List of Claims and Summary of Revenues for Month Ended April 30, 2009 Upon motion the documents were received and filed. Notice of Claims/Suits: The Durrant Group / Gary Bechtel for vehicle damage; James J. Butcher for vehicle damage; Sue Craven for vehicle damage. Upon motion the documents were received and filed and referred to the City Attorney. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Richard Rokusek for property damage; Allied Property and Casualty Insurance for vehicle damage; The Durrant Group / Gary Bechtel for vehicle damage; John Butcher for vehicle damage. Upon motion the documents were received and filed and concurred. thth Green Alley Pilot Project – Alley between Jackson and White Streets from 11 to 13 Streets: City Manager recommending award of the contract for the Green Alley Pilot Project – thth Alley between Jackson and White Streets from 11 to 13 Streets to Portzen Construction, Inc. in the amount of $215,274.25. Upon motion the documents were received and filed and Resolution No. 193-09 Awarding public improvement contract for the Green Alley Pilot Project thth (11 – 13 between White and Jackson Streets) was adopted. RESOLUTION NO. 193-09 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE GREEN ALLEY PILOT THTH PROJECT (11 – 13 BETWEEN WHITE AND JACKSON STREETS) Whereas, sealed proposals have been submitted by contractors for the Green Alley Pilot thth Project (11 – 13 between White & Jackson Streets) (the Project) pursuant to Resolution No. 159-09 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa nd on the 22 day of May, 2009. th Whereas, said sealed proposals were opened and read on the 4 day of June, 2009 and it has been determined that Portzen Construction, Inc. of Dubuque, Iowa, with a bid in the amount of $215,274.25, 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 Portzen Construction, Inc. and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. th Passed, approved and adopted this 15 day of June, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Trolley Line Trail – Eagle Point Park Project: City Manager recommending award of the contract for the Trolley Line Trail – Eagle Point Park Project to Portzen Construction, Inc. in the amount of $202,216.00. Upon motion the documents were received and filed and Resolution No. 194-09 Awarding public improvement contract for the Eagle Point Trolley Line Trail Project was adopted. RESOLUTION NO. 194-09 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE TROLLEY LINE TRAIL – EAGLE POINT PARK PROJECT Whereas, sealed proposals have been submitted by contractors for the Trolley Line Trail - Eagle Point Park Project (the Project) pursuant to Resolution No. 162-09 and Notice to Bidders nd published in a newspaper published in the City of Dubuque, Iowa on the 22 day of May, 2009. th Whereas, said sealed proposals were opened and read on the 4 day of June, 2009 and it has been determined that Portzen Construction, Inc. of Dubuque, Iowa, with a bid in the amount of $202,216.00, 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 Portzen Construction, Inc. and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. th Passed, approved and adopted this 15 day of June, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk North Fork Catfish Creek Sanitary Sewer Project – Phase I: City Manager recommending award of the contract for the North Fork Catfish Creek Stormwater and Sanitary Sewer 2 Improvements Project – Phase I to Anstoetter Construction Co. in the amount of $781,801.00. Upon motion the documents were received and filed and Resolution No. 195-09 Awarding public improvement contract for the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project – Phase I was adopted. RESOLUTION NO. 195-09 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE NORTH FORK CATFISH CREEK STORMWATER AND SANITARY SEWER IMPROVEMENTS PROJECT – PHASE i Whereas, sealed proposals have been submitted by contractors for the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project – Phase I (the Project) pursuant to Resolution No. 163-09 and Notice to Bidders published in a newspaper published in the City nd of Dubuque, Iowa on the 22 day of May, 2009. th Whereas, said sealed proposals were opened and read on the 9 day of June, 2009 and it has been determined that Anstoetter Construction Co. of Farley, Iowa, with a bid in the amount of $781,801.00 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 Anstoetter Construction Co. and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. th Passed, approved and adopted this 15 day of June, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Roosevelt Park Master Plan Consultant Selection: City Manager recommending approval of the selection of Confluence as the consultant to develop the Roosevelt Park Master Plan. Upon motion the documents were received, filed, and approved. Quince Street Underground Utility Reconstruction Project: City Manager recommending acceptance of the Quince Street Underground Utility Reconstruction Project as completed by Top Grade Excavating, Inc. of Dubuque, Iowa, in the final contract amount of $102,573.17 and establishment of the Final Schedule of Assessments. Upon motion the documents were received and filed and Resolution No. 196-09 Accepting the Quince Street Underground Utility Reconstruction Project and authorizing payment to the contractor and Resolution No. 197-09 Adopting the final assessment schedule for the Quince Street Underground Utility Reconstruction Project were adopted. RESOLUTION NO. 196-09 ACCEPTING THE QUINCE STREET UNDERGROUND UTILITY RECONSTRUCTION PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Quince Street Underground Utility Reconstruction Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 3 Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Quince Street Resurfacing, Water Main Replacement Program, Quince Street Sanitary Sewer Reconstruction, Storm Sewer Improvement/Extension Capital Improvement Project, Fiscal Year 2009 Annual Street Construction Program appropriations for the contract amount of $102,573.17 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. th Passed, approved and adopted this 15 day of June, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE QUINCE STREET UNDERGROUND UTILITY RECONSTRUCTION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Quince Street Underground Utility Reconstruction Project, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $112,831.13. th Dated this 10 day of June, 2009. Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 10 day of June, 2009. Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 197-09 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE QUINCE STREET UNDERGROUND UTILITY RECONSTRUCTION PROJECT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: After full consideration, the Final Schedule of Assessments as shown on the attached sheet(s), Page 1 to Page 1 inclusive, is hereby approved for the Quince Street Underground Utility Reconstruction Project. There is hereby assessed and levied as a special tax against and upon each of the benefited properties, the respective sums indicated. The amounts shown in said Final Schedule of Assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefited by the improvements as shown in the Final Schedule of Assessments, subject to the provisions of Iowa Code § 384.63. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same. The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the Final Schedule of Assessments. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the City th Treasurer, City Hall, 50 W. 13 Street, Dubuque, Iowa, at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid assessments 4 of $100.00 or more are payable in 10 annual installments at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at nine percent (9%) computed to December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. However, when the last day of September is a Saturday or Sunday, that amount shall be delinquent from the second business day of October. Delinquent installments will draw the same delinquent interest as ordinary taxes. Property owners may elect to pay any annual installments semi- annually in advance. th Passed, approved and adopted this 15 day of June, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk CITY OF DUBUQUE, IOWA QUINCE STREET UNDERGROUND UTILITY RECONSTRUCTION PROJECT (RUSH TO CLEVELAND) FINAL SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS DATE: JUNE 19, 2009 The following schedule is hereby determined to show each lot proposed to be assessed for the improvement shown in the title together with the amount proposed to be assessed against each lot and the valuations shown opposite each lot are hereby fixed as the true valuations of such lots by the City Council of the City of Dubuque. PROPERTY OWNER NAME, LOT DESCRIPTION, PARCEL NUMBER, MAILING ADDRESS, STREET ADDRESS, VALUATION WITH IMPROVEMENT, CITY, STATE, WATER SERVICE PRIVATE LATERAL COST, SANITARY SEWER PRIVATE LATERAL COST, TOTAL NET ASSESSMENT, PUBLIC IMPROVEMENTS ASSESSMENT Schmidt, Melvin J & Kunkel-Schmidt, Julie M., LOT 1-116 UNION ADD, 10-25-453-010, 277 Quince Street, 277 Quince Street, $79,463.20, Dubuque, IA 52003, -0-, $563.20, $563.20, $563.20 Lott, Julie A., LOT 2 OF 104 UNION ADD, 10-25-453-004, 265 Alpine, 255 Quince Street, $85,488.60, Dubuque, IA 52001, -0-, $688.60, $688.60, $688.60 Hord, James K, LOT 2-1-N 150'-1-105 UNION ADD, 10-25-454-005, 244 Quince Street, 244 Quince Street, $76,897.60, Dubuque, IA 52003, -0-, $897.60, $897.60, $897.60 Gwinn, Richard S & Vogt, Francis J., S 50' LOT 1-105 UNION ADD, 10-25-454-006, 264 Quince Street, 264 Quince Street, $102,304.58, Dubuque, IA 52003, $838.33, $866.25, $1,704.58, $1,704.58 Maiers, David L. & Diane L., LOT 1 QUINCE STREET SUB, 10-25-454-015, 280 Quince Street, 280 Quince Street, $128,830.40, Dubuque, IA 52003, -0-, $730.40, $730.40, $730.40 Schwartz, Jeffrey L. & Krier, Tina M., LOT 2-116 UNION ADD, 10-25-453-011, 855 Rush Street, 855 Rush Street, $116,521.40, Dubuque, IA 52003, -0-, $521.40, $521.40, $521.40 TOTALS: $838.33, $4,267.45, $5,105.78, $5,105.78 Historic Preservation Commission Advisory Design Review – Library Entry Plaza: Historic Preservation Commission recommending approval of the Library Entry Plaza as presented with broom finished colored concrete paving compatible with the colors of the approved Library sidewalk pattern. Upon motion the documents were received, filed, and approved. 5 2009 Justice Assistance Grant (JAG) Application: City Manager recommending approval of the 2009 Justice Assistance Grant (JAG) application. Upon motion the documents were received, filed, and approved. Iowa Power Fund Application for Smart Water Meter Replacement Program: City Manager recommending approval of the submittal of a $2,000,000 Iowa Power Fund grant application to implement the Smart Water Meter Replacement Program. Upon motion the documents were received, filed, and approved. Fiscal Year 2010 Arts and Culture Funding Program: Arts and Culture Affairs Advisory Commission recommending approval of twelve Fiscal Year 2010 Arts and Culture Operating Support funding requests and authorization for the City Manager to sign the funding agreements. Upon motion the documents were received, filed, and approved. Fiscal Year 2010 Special Projects Arts and Culture Grants: Arts and Cultural Affairs Advisory Commission recommending approval of the Fiscal Year 2010 Arts and Culture Grants for Special Projects and authorization for the City Manager to sign the grant agreements. Upon motion the documents were received, filed, and approved. Eide Bailly Audit Agreement: City Manager advising that the Eide Bailly Audit Engagement Letter has been signed for the Fiscal Year ending June 30, 2009. Upon motion the documents were received and filed. PEG Capital Grant Expenditure Request: City Manager recommending approval of the Cable TV Tele-Programming Commission recommendation for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities for up to $40,000 for the necessary equipment to offer a free high school video production program at the Dubuque Art Center. Upon motion the documents were received, filed, and approved. Bank Transfers – Dubuque Metropolitan Area Solid Waste Agency: City Manager recommending approval for certain Finance Department employees to obtain information and make transfers between City of Dubuque / Dubuque Metropolitan Area Solid Waste Agency bank accounts. Upon motion the documents were received and filed and Resolution No. 198- 09 Authorizing certain City of Dubuque Finance Department employees to obtain bank account information and make transfers between City of Dubuque bank accounts within a banking institution was adopted. RESOLUTION NO. 198-09 RESOLUTION AUTHORIZING CERTAIN CITY OF DUBUQUE FINANCE DEPARTMENT EMPLOYEES TO OBTAIN BANK ACCOUNT INFORMATION AND MAKE TRANSFERS BETWEEN CITY OF DUBUQUE BANK ACCOUNTS WITHIN A BANKING INSTITUTION Whereas,the City of Dubuque maintains accounts with local banking institutions; and Whereas,the banking institutions require authorization by the City Council for City employees other than those designated on account signature cards to obtain bank account information and transfer funds between City accounts at that institution; and Whereas,the City Council has determined that the City employees who may obtain bank account information and transfer funds between accounts within a banking institution are the Finance Department Account Clerk I, Cheryl L. Pregler, and Accountant, Melissa J. McGinnis. 6 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1.The Finance Department’s Account Clerk I, Cheryl L. Pregler, and Accountant, Melissa J. McGinnis, are hereby authorized to obtain bank account information on all City of Dubuque accounts and to transfer funds between the City’s accounts within a banking institution. Transfers shall be authorized via telephone or written request. th Passed, approved and adopted this 15 day of June, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, City Clerk Water Meter Change-Out Project Consultant: City Manager recommending approval of the selection of HDR Engineering as the City’s consultant for the construction and procurement of the Water Meter Change-Out Project. Upon motion the documents were received, filed, and approved. Dubuque Humane Society: Communication from Jane McCall, Dubuque Humane Society, withdrawing their dog park proposal. Upon motion the document was received and filed. Keyline Transit Bus Procurement: City Manager recommending approval to proceed with the procurement of two heavy duty buses and one light duty bus with economic stimulus funding. Upon motion the documents were received, filed, and approved. Port of Dubuque Adams Development, LLC – Durrant Project: City Manager recommending approval of the Partial Assignment of Development Agreement and Collateral Assignment of Development Agreement for the Port of Dubuque Adams Development, LLC – Durrant Project to Stonekey Properties, LLC. Upon motion the documents were received, filed, and approved. Roshek Building / IBM Redevelopment Project: City Manager recommending approval of a revised Notice and Consent Agreement by and among the City, Dubuque Bank and Trust, Dubuque Initiatives and Roshek Building Investment Fund, LLC, an entity that is being created as part of the tax credit transactions involving the Roshek Building / IBM Redevelopment Project. Upon motion the documents were received and filed and Resolution No. 199-09 Approving and authorizing execution of a revised Form of Notice and Consent Agreement by and among the City of Dubuque, Iowa, Dubuque Bank & Trust Company, Dubuque Initiatives, and Roshek Building Investment Fund, LLC, was adopted. RESOLUTION NO. 199-09 APPROVING AND AUTHORIZING EXECUTION OF A REVISED FORM OF NOTICE AND CONSENT AGREEMENT BY AND AMONG THE CITY OF DUBUQUE, IOWA, DUBUQUE BANK & TRUST COMPANY, DUBUQUE INITIATIVES, AND ROSHEK BUILDING INVESTMENT FUND, LLC WHEREAS, in connection with the rehabilitation, renovation and improvement of office/retail space in the Roshek Building located generally at 700 Locust Street, Dubuque, Iowa, the City of Dubuque (“City”) and other parties intend to enter into various agreements for the purpose of facilitating the use of historic tax credits and new market tax credits in conjunction with that project; and WHEREAS, pursuant to Resolution No. 169-09 approved on June 1, 2009, a form of Notice and Consent Agreement was approved as to form by this Council for the purpose of ensuring 7 that the City receives certain notices and has certain rights of consent in connection the various agreements to be entered into; and WHEREAS, following such action certain modifications were proposed and have been made to the form of Notice and Consent Agreement, which modifications are acceptable to the City Attorney, and a revised form of Notice of Consent Agreement containing such modifications (the "Agreement") now has been presented to the City Council for further review and final approval; and WHEREAS, the Council has determined that the Agreement is in the best interests of the City and the residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the form and content of the Agreement, the provisions of which are incorporated herein by reference, be and the same hereby are in all respects authorized, approved and confirmed, and the Mayor and the City Clerk be and they hereby are authorized, empowered and directed to execute, attest, seal and deliver the same for and on behalf of the City in substantially the form and content now before this meeting, but with such changes, modifications, additions or deletions therein as may be approved by such officers upon the advice of the City Attorney, and that from and after the execution and delivery of the Agreement, the Mayor and the City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Agreement as executed. th Passed and approved this 15 day of June, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Liquor License Transfer: Request of the American Legion Post #6 to transfer their liquor license to Nativity Church on July 2, 2009. Upon motion the documents were received, filed, and approved. Liquor / Tobacco License Applications: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 200-09 Granting the issuance of twenty-eight renewal licenses to sell cigarettes and cigarette papers; Resolution No. 201-09 Granting the issuance of a Class “B” Beer Permit to the Colts Community Center and a Class “C” Beer Permit to Walgreens #6154, Walgreens #9708 and Walgreens #11942; and Resolution No. 202-09 Granting the issuance of a Class “C” Beer/Liquor License to Los Aztecas III Mexican Restaurant, Creslanes Bowling, Dubuque Bowling Lanes, American Legion #6 and Applebee’s Grill and Bar; and a Special Class “C” Liquor License to the Rotary Club were adopted. RESOLUTION NO. 200-09 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. (28 Renewals) Beecher Company, Inc. Beecher Company 1691 Asbury Road Big 10 Mart Molo Oil Company 2100 JFK Road Big 10 Mart Molo Oil Company 1875 JFK Road 8 Casey General Store # 2421 Casey’s Marketing 4003 Peru Road Casey General Store # 2420 Casey’s Marketing 2699 Rockdale Road Diamond Jo Casino Diamond Jo, LLC 301 Bell Street Econofoods # 471 Nash Finch Company 3355 JFK Road Family Mart Family Mart, Inc. 3201 Central Avenue Hartig Drug # 2 Hartig Drug Company 157 Locust Street Hartig Drug # 3 Hartig Drug Company 2255 JFK Road Hartig Drug # 4 Hartig Drug Company 2225 Central Avenue Hartig Drug # 8 Hartig Drug Company 1600 University Avemie Hy-Vee Foodstore # 1 Hy-Vee, Inc. 3500 Dodge Street Hy-Vee Wine & Spirits # 1 Hy-Vee, Inc. 3500 Dodge Street (B) Hy-Vee Foodstore # 2 Hy-Vee, Inc. 2395 NW Arterial Hy-Vee Gas # 2 Hy-Vee, Inc. 2435 NW Arterial Hy-Vee Foodstore # 3 Hy-Vee, Inc. 400 S. Locust Street Hy-Vee Gas # 3 Hy-Vee, Inc. 300 S. Locust Street Instant Replay Pam Arensdorf 1602 Central Avenue Oky Doky # 1 TFM Company 250 W. 1 st Street Oky Doky # 2 TFM Company 51 W. 32 nd Street Oky Doky # 6 TFM Company 1256 Iowa Street Plaza 20 B P/Amoco R Future 2600 Dodge Street Puff n Sniff Molo Oil Company 1101 Rhomberg Avenue Ron’s Discount Smoke/Bev. RKM, LLC 1450 Loras Blvd. Ron’s Discount Smoke/Bev. RKM, LLC 3300 Asbury Road Ron’s Point Mart R Future 405 Rhomberg Avenue Sid’s Beverage Store Sid’s Beverage, Inc. 2727 Dodge Street Passed, approved and adopted this 15th day of June, 2009 Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 201-09 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved: and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS “B” BEER PERMIT Legionnaires Drum & Colts Community Center +(Sunday 1101 Central Avenue Bugles Corp Sale) CLASS “C” BEER PERMIT Walgreen Co. Walgreens # 6154 +(Sunday Sale) 2260 JFK Road Walgreen Co. Walgreens # 9708 +(Sunday Sale) 55 JFK Road Walgreen Co. Walgreens # 11942 +(Sunday Sale) 345 E. 20 th Street Passed, approved and adopted this 15th day of June, 2009. Joyce E. Connors, Mayor, Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk 9 RESOLUTION NO. 202-09 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS “C” BEER/LIQUOR LICENSE Hildalgo, Inc. Los Aztecas III Mexican Restaurant 2345 NW Arterial +(Sunday/Outdoor) Creslanes Bowling, Inc, Creslanes Bowling +(Sunday Sale) 255 S. Main Street James R. Ferring Dubuque Bowling Lanes +(Sunday Sale) 1029 ½ Main Street DBQ American Legion # 6 American Legion # 6 +(Sunday Sale) 1306 Delhi Street Apple Corps Applebee’s Grill & Bar +(Sunday Sale) 1395 Associates Drive SPECIAL CLASS “C” LIQUOR Rotary Club of Dubuque Rotary Club+(Sunday Sale) 135 W. 8 th Street Passed, approved and adopted this 15th day of June, 2009 Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk ITEMS TO BE 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 Jones. Motion carried 6-0. Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements Project, Phase II: City Manager recommending initiation of the public bidding process for the Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements Project and that a public hearing be set for July 6, 2009. Upon motion the documents were received and filed and Resolution No. 203-09 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 for the Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 6, 2009 in the Historic Federal Building. RESOLUTION NO. 203-09 PENNSYLVANIA AVENUE FROM IA 32 TO VIZALEEA DRIVE SAFETY IMPROVEMENTS PROJECT, PHASE II 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 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 10 The proposed plans, specifications, form of contract and estimated cost for the Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements Project, Phase II, in the estimated amount $364,950.73, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. th A public hearing will be held on the 6 day of July, 2009, at 6:30 p.m. in the Historic Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements Project, Phase II is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the date for filing bids th before 2:00 p.m. on the 16 day of July, 2009. Bids shall be opened and read by the City Clerk th at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 20 day of July, 2009, in the Historic Federal Building Council Chambers (second floor), 350 West th 6 Street, Dubuque, Iowa. th Passed, adopted and approved this 15 day of June, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk BOARDS/COMMISSIONS Appointments to the following Boards/Commissions: Arts and Cultural Affairs Advisory Commission: Three 3-year terms through June 30, 2012 (Terms of Henkels, Steffen, Shafer), (1 at-large, 2 business/professionals of which one must live or work within the Cultural and Entertainment District). Applicants: Ellen Henkels, 890 W. rd 3 Street (qualifies for at-large or business professional); Molly McDonough, 1787 Lawndale Street (qualifies for at-large or business professional); Geri Shafer, 1207 Adeline Street (qualifies for at-large or business professional); Julie Steffen, 2260 Coates Street (qualifies for at-large or business professional within district); Peggy Stover, 1145 Locust Street (qualifies for at-large or business professional within district) Upon roll call vote, Ellen Henkels and Geri Shafer were re-appointed to at-large terms on the Arts and Cultural Affairs Advisory Commission through June 30, 2012, and Julie Steffen was re-appointed to the business professional (working within the Entertainment/Cultural District) term through June 30, 2012. Building Code Appeals Board: Three 3-year terms: 1 at-large through August 1, 2011, term of Jahns; 2 newly formed ADA Representatives with terms determined by appointment date. Applicants: Ryan Anglese, 2752 Carlton; Marla Cruise, 905 Rockdale Road (ADA representative). Motion by Lynch to appoint Ryan Anglese to a 3-year term through August 1, 11 2011, and Marla Cruise to a 3-year term as the ADA representative through August 1, 2012. Seconded by Braig. Motion carried 4-2 with Resnick and Voetberg voting nay. Civic Center Commission: Two 3-year terms through June 29, 2012 (Terms of Fuller and Parks). Applicants: Cynthia Fuller, 960 Prince Phillip Drive; Bryce Parks, 2005 N. Main Street. Motion by Jones to re-appoint Cynthia Fuller and Bryce Parks to 3-year terms through June 29, 2012. Seconded by Braig. Motion carried 6-0. Historic Preservation Commission: Four 3-year terms through July 1, 2012 (3 at-large, 1 Cathedral Historic District resident or interim; Terms of Bichell, Lundh, Olson, Knight/ current ). Applicants: Christen Happ Olson, 1090 Grove Terrace (qualifies for at-large or interim) interim Shayne Henry, 160 Devon Drive (qualifies for at-large or interim); Michael Knight, 942 Mt. th Pleasant Street (qualifies for at-large or interim); Mary Loney Bichell, 595 W. 11 Street (qualifies for at-large or interim); Peggy Stover, 1145 Locust Street (qualifies for at-large or interim). Upon roll call vote, Christine Olson, Michael Knight, Mary Loney Bichel, and Peggy Stover were appointed to 3-year terms through July 1, 2012. (Specific service areas will be determined at the July 6, 2009 City Council meeting.) Investment Oversight Advisory Commission: Two 3-year terms through July 1, 2012 (Terms rd of Lassance and Melendez). Applicants: Brad Chalmers, 1095 W. 3 Street; Paul Lassance, 4846 Embassy Court; Hiram Melendez, 1920 Shelby Street. Upon roll call vote Brad Chalmers and Hiram Melendez were appointed to 3-year terms through July 1, 2012. Long Range Planning Advisory Commission: Two 3-year terms through July 1, 2012 (Terms of Darter and Stein). Applicants: Chad Darter, 2544 Matthew John Drive; Lou Oswald, 180 Nowata Street. Motion by Jones to appoint Chad Darter to a 3-year term through July 1, 2012. Seconded by Braig. Motion carried 6-0. Park and Recreation Advisory Commission: One 3-year term through June 30, 2012 (Term of Duggan). Applicants: Robert Blocker, 880 Kane Street; Charles Duggan, 2317 Beacon Hill Drive; Shayne Henry, 160 Devon Drive; David Schlueter, 3645 Crescent Ridge. Upon roll call vote Robert Blocker was appointed to a 3-year term through June 30, 2012. TV Cable Regulatory Commission: One 3-year term through June 30, 2012 (Term of Ellis). Applicant: Charlie Ellis, 373 S. Grandview Avenue. Motion by Jones to appoint Charlie Ellis to a 3-year term through June 30, 2012. Seconded by Braig. Motion carried 6-0. TV Cable Community Teleprogramming Commission: Three 3-year terms through June 30, 2012 (Terms of Tigges, Vincent, and McDonough). Applicants: Jennifer Tigges, 4927 Wild Flower Drive; Alan Vincent, 1010 Dunham Drive Motion by Braig to appoint Jennifer Tigges and Alan Vincent to 3-year terms through June 30, 2012. Seconded by Lynch. Motion carried 6-0. Zoning Advisory Commission: Two 3-year terms through July 1, 2012 (Terms of Miller and Hardie). Applicants: Ryan Anglese, 2752 Carlton Avenue; Stephen Hardie, 62 Fremont Avenue; Charles Miller, 7010 Asbury Road; Ferd Nesler, 4125 Mt. Alpine Street. Upon roll call vote Stephen Hardie and Charles Miller were re-appointed to 3-year terms through July 1, 2012. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. Request to Rezone – University Avenue between Ethel and Prysi Streets: Proof of publication on notice of public hearing to consider a request from Tom Kluck to rezone property located north of the University Avenue and Ethel Street intersection from OR Office 12 Residential District to PUD Planned Unit Development District with a PR Planned Residential District designation and adopting a conceptual development plan and Zoning Advisory Commission recommending approval. Motion by Lynch to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Motion carried 6-0. Planning Services Manager Laura Carstens provided a staff report. Mike Ruden, IIW Engineers and Surveyors, 3256 Arrowwood Lane, reviewed the site plan. Motion by Lynch for final consideration and passage of Ordinance No. 27-09 Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located north of the University Avenue and Ethel Street intersection from OR Office Residential District to PUD Planned Unit Development District with a PR Planned Residential District designation and adopting a conceptual development plan. Seconded by Braig. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 27-09 AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED NORTH OF THE UNIVERSITY AVENUE AND ETHEL STREET INTERSECTION FROM OR OFFICE RESIDENTIAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PR PLANNED RESIDENTIAL DISTRICT DESIGNATION, AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from OR Office Residential District to PUD Planned Unit Development District with a PR Planned Residential District designation, and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, is hereby adopted and approved for the following described property, to wit: Lot 28 and Lot 29 Lenox Addition and Lot 1 of 1 of 2 Bonson Farm, 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 PR Planned Residential District: 1. Principal permitted uses shall be limited to 48 housing dwelling units. 2. No secondary or contingency uses shall be permitted. 3. Accessory uses shall include any use customarily incidental and subordinate to the principal use it serves. B. Lot and Bulk Regulations. Development of land in the PR Planned Residential District shall be regulated as follows: 1. Proposed buildings shall be located in substantial conformance with the approved conceptual development plan. 2. Building #1 must be set back a minimum of 80 feet from the east side property line and 30 feet from the west side property line. 3. Maximum building height of 50 feet shall be allowed as measured from the first floor elevation to mid point of the peak of the roof. C. Performance Standards The development and maintenance of uses in this PR Planned Residential District 13 shall be regulated as follows: 1. Parking Regulations a. Off-street parking shall be provided based on the approved conceptual plan with 32 spaces provided on surface lots and 56 spaces in underground parking. b. All vehicle-related features shall be surfaced with either asphalt or concrete. c. Curbing and proper surface drainage of storm water shall be provided. d. All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other permanent means. e. The number, size and design of parking spaces shall be governed by applicable provisions of City of Dubuque Ordinances enforced at the time of development of the lot. f. The number, size, design, and location of parking spaces designated for persons with disabilities shall be according to the local, state, or federal requirements in effect at the time of development. 2. Site Lighting a. Exterior illumination of site features shall be limited to the illumination of the following: i. Parking areas, driveways and loading facilities. ii. Pedestrian walkway surfaces and entrances to building. iii. Building exterior. b. Location and Design i. No light source shall provide illumination onto adjacent lots, buildings or streets in excess of 1.0 foot candle. ii. All exterior lighting luminaries shall be designed and installed to shield light from the luminaries at angles above 72-degrees from vertical. iii. Fixtures mounted on a building shall not be positioned higher than the roofline of the building. iv. All electrical service lines to posts and fixtures shall be underground and concealed inside the posts. 3. Landscaping a. Plant Materials. The open space of each lot shall be planted with permanent lawn and ground covers, shrubs and trees. It is the intent of these regulations that the development of required open spaces shall reflect a high quality of environmental design. The following provisions shall apply. i. Landscape plans are required as part of submittals for site plan review. Landscape plans are to include type, number and size of proposed plantings. Landscaping shall be designed in compliance with Section 4-4 of the Zoning Ordinance. ii. Within one (1) year following completion of construction, or by the date that a building is issued an occupancy certificate by the Building Services Department of the City of Dubuque, whichever first occurs, required landscaping shall be installed. 4. Storm Water Conveyance The developer 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 drainageways outside the lot in a means that is satisfactory to the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative 14 to storm water management and drainage shall apply to the subject property. 5. Exterior Trash Collection Areas a. The storage of trash and debris shall be limited to that produced by the principal permitted use and accessory uses of the lot. b. All exterior trash collection areas and the materials contained therein shall be visually screened from view. The screening shall be completely opaque fence, wall or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. Exposed materials used to construct the opaque screen shall be similar in appearance to materials used for exterior building walls. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. If a 10-foot high screen fails to shield the exterior trash collection area from view from points inside or outside of the property, evergreen plantings may be required in addition to the screening. Evergreen plant materials shall be selected and designed so that they will screen the area from all off-site visibility within five (5) years. 6. Final site development plans shall be submitted in accordance with Section 4-4 of the Zoning Ordinance prior to construction of any buildings. D. Open Space and Recreation Areas Open space and landscaping in the PR Planned Residential District shall be regulated as follows. Those areas not designated on the conceptual development plan shall be maintained as open space, as defined by Section 8 of the Zoning Ordinance of the City of Dubuque, Iowa, by the property owner and/or association. E. Sign Regulations 1. Signs in the Planned Residential District shall be regulated in accordance with the R-4 Multi-Family Residential Zoning District sign regulations of the Zoning Ordinance. 2. Variance requests from sign requirements for size, number and height shall be reviewed by the Zoning Board of Adjustment in accordance with Section 5-3 of the Zoning Ordinance. F. Other Codes and Regulations 1. Service Lines. All electric, telephone, cable, or other similar utility lines serving the building and other site features shall be located underground. 2. The use of semi-trailers and shipping containers for storage is prohibited. 3. These regulations do not relieve the owner from other applicable city, county, state or federal codes, regulations, laws and other controls relative to the planning, construction, operation and management of property within the city of Dubuque. G. Transfer of Ownership Transfer of ownership or lease of property in this PR Planned Residential District shall include the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. H. Occupancy Permits No occupancy permit shall be issued by the City of Dubuque for property included in the subject planned unit development district until full compliance with this ordinance has been achieved. I. Recording A copy of this Ordinance shall be recorded at the expense of the property owner(s) with the Dubuque county recorder as a permanent record of the conditions accepted as 15 part of this reclassification approval. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. The foregoing amendment shall take effect upon publication, as provided by law. th Passed, approved and adopted this 15 day of June, 2009. /s/Joyce E. Connors, Mayor Pro-Tem Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 19 day of June, 2009. /s/Jeanne F. Schneider, CMC, City Clerk Request to Rezone – Key Way Drive: Proof of publication on notice of public hearing to consider a request from Steve Boge / Clark and Linda Wolff to rezone property located east of Keyway Drive from C-3 General Commercial District to PUD Planned Unit Development District with a PR Planned Residential District designation and adopting a conceptual development plan and Zoning Advisory Commission 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. Seconded by Braig. Motion carried 6-0. Planning Services Manager Laura Carstens provided a staff report. Steve Boge, 2802 Katrina Circle, spoke in support of the proposed ordinance. Motion by Jones for final consideration and passage of Ordinance No. 28-09 Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located east of Keyway Drive from C-3 General Commercial District to PUD Planned Unit Development District with a PR Planned Residential District designation and adopting a conceptual development plan. Seconded by Lynch. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 28-09 AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED EAST OF KEYWAY DRIVE FROM C-3 GENERAL COMMERCIAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PR PLANNED RESIDENTIAL DISTRICT DESIGNATION, AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from C-3 General Commercial District to PUD Planned Unit Development District with a PR Planned Residential District designation, and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, is hereby adopted and approved for the following described property, to wit: Lot 2 Hillcrest Plaza #2, 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 PR Planned Residential District: 4. Principal permitted uses shall be limited to 15 housing dwelling units. 5. No secondary or contingency uses shall be permitted. 16 6. Accessory uses shall include any use customarily incidental and subordinate to the principal use it serves. B. Lot and Bulk Regulations. Development of land in the PR Planned Residential District shall be regulated as follows: 1. Proposed buildings shall be located in substantial conformance with the approved conceptual development plan. 2. Maximum building height of 30 feet shall be allowed as measured from the first floor elevation to the peak of the roof. C. Performance Standards The development and maintenance of uses in this PR Planned Residential District shall be regulated as follows: 7. Parking Regulations a. Off-street parking shall be provided based on the approved conceptual plan with 14 spaces provided on surface lots and 16 spaces in garages. b. All vehicle-related features shall be surfaced with either asphalt or concrete. c. All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other permanent means. d. The number, size and design of parking spaces shall be governed by applicable provisions of City of Dubuque Ordinances enforced at the time of development of the lot. e. The number, size, design, and location of parking spaces designated for persons with disabilities shall be according to the local, state, or federal requirements in effect at the time of development. 8. Site Lighting a. Exterior illumination of site features shall be limited to the illumination of the following: i. Parking areas, driveways and loading facilities. ii. Pedestrian walkway surfaces and entrances to building. iii. Building exterior. b. Location and Design i. No light source shall provide illumination onto adjacent lots, buildings or streets in excess of 1.0 foot candle. ii. All exterior lighting luminaries shall be designed and installed to shield light from the luminaries at angles above 72-degrees from vertical. iii. Fixtures mounted on a building shall not be positioned higher than the roofline of the building. iv. All electrical service lines to posts and fixtures shall be underground and concealed inside the posts. 9. Landscaping a. Plant Materials. The open space of each lot shall be planted with permanent lawn and ground covers, shrubs and trees. It is the intent of these regulations that the development of required open spaces shall reflect a high quality of environmental design. The following provisions shall apply. i. Landscape plans are required as part of submittals for site plan review. Landscape plans are to include type, number and size of proposed plantings. Landscaping shall be designed in compliance with Section 4-4 of the Zoning Ordinance. 17 ii. Within one (1) year following completion of construction, or by the date that a building is issued an occupancy certificate by the Building Services Department of the City of Dubuque, whichever first occurs, required landscaping shall be installed. 10. Storm Water Conveyance The developer 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 drainageways outside the lot in a means that is satisfactory to the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply to the subject property. 11. Exterior Trash Collection Areas a. The storage of trash and debris shall be limited to that produced by the principal permitted use and accessory uses of the lot. b. All exterior trash collection areas and the materials contained therein shall be visually screened from view. The screening shall be completely opaque fence, wall or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. Exposed materials used to construct the opaque screen shall be similar in appearance to materials used for exterior building walls. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. If a 10-foot high screen fails to shield the exterior trash collection area from view from points inside or outside of the property, evergreen plantings may be required in addition to the screening. Evergreen plant materials shall be selected and designed so that they will screen the area from all off-site visibility within five (5) years. 12. Final site development plans shall be submitted in accordance with Section 4-4 of the Zoning Ordinance prior to construction of any buildings. D. Open Space and Recreation Areas Open space and landscaping in the PR Planned Residential District shall be regulated as follows. Those areas not designated on the conceptual development plan shall be maintained as open space, as defined by Section 8 of the Zoning Ordinance of the City of Dubuque, Iowa, by the property owner and/or association. E. Sign Regulations 3. Signs in the Planned Residential District shall be regulated in accordance with the R-4 Multi-Family Residential Zoning District sign regulations of the Zoning Ordinance. 4. Variance requests from sign requirements for size, number and height shall be reviewed by the Zoning Board of Adjustment in accordance with Section 5-3 of the Zoning Ordinance. F. Other Codes and Regulations 4. Service Lines. All electric, telephone, cable, or other similar utility lines serving the building and other site features shall be located underground. 5. The use of semi-trailers and shipping containers for storage is prohibited. 6. These regulations do not relieve the owner from other applicable city, county, state or federal codes, regulations, laws and other controls relative to the planning, construction, operation and management of property within the city of Dubuque. G. Transfer of Ownership 18 Transfer of ownership or lease of property in this PR Planned Residential District shall include the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. H. Occupancy Permits No occupancy permit shall be issued by the City of Dubuque for property included in the subject planned unit development district until full compliance with this ordinance has been achieved. II. Recording A copy of this Ordinance shall be recorded at the expense of the property owner(s) with the Dubuque county recorder as a permanent record of the conditions accepted as part of this reclassification approval. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. The foregoing amendment shall take effect upon publication, as provided by law. th Passed, approved and adopted this 15 day of June, 2009. /s/Joyce E. Connors, Mayor Pro-Tem Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 19 day of June, 2009. /s/Jeanne F. Schneider, CMC, City Clerk Text Amendment – Dubuque Initiatives: Proof of publication on notice of public hearing to consider a request from Jeff Morton / Dubuque Initiatives to amend Section 4-3.11 Sign th Regulations to place a freestanding sign along the 7 Street frontage in a C-5 Central Business District and Zoning Advisory Commission 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. Seconded by Braig. Motion carried 6-0. Planning Services Manager Laura Carstens provided a staff report. Architect Jeff Morton, 206 Bluff Street, spoke in support of the proposed ordinance. Motion by Jones for final consideration and passage of Ordinance No. 29-09 Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by repealing Section 4-3.11 Schedule of Sign Regulations for the C-5 Central Business District and adopting Section 4-3.11 Schedule of Sign Regulations for the C-5 Central Business District in th lieu thereof, pertaining to the addition of freestanding identification signs along 7 Street from Locust Street to the alley. Seconded by Braig. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 29-09 AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY REPEALING SECTION 4-3.11 SCHEDULE OF SIGN REGULATIONS FOR THE C-5 CENTRAL BUSINESS DISTRICT AND ADOPTING SECTION 4-3.11 SCHEDULE OF SIGN REGULATIONS FOR THE C-5 CENTRAL BUSINESS DISTRICT IN LIEU THEREOF, PERTAINING TO THE ADDITION OF FREESTANDING IDENTIFICATION TH SIGNS ALONG 7 STREET FROM LOCUST STREET TO THE ALLEY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 19 Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by repealing section 4-3.11 Schedule of Sign Regulations for the C-5 Central Business District and adopting section 4-3.11 Schedule of Sign Regulations for the C-5 Central Business District in lieu thereof, pertaining to the addition of freestanding th identification signs along 7 Street from Locust Street to the alley. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. th Passed, approved and adopted this 15 day of June, 2009. /s/Joyce E. Connors, Mayor Pro-Tem Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 19 day of June, 2009. /s/Jeanne F. Schneider, CMC, City Clerk Urban Renewal Tax Increment Revenue Notes – 40 Main, LLC: Proof of publication on notice of public hearing to consider the issuance of not to exceed $700,000 in Urban Renewal Tax Increment Revenue Notes to support a mixed use redevelopment of the building at 40 Main Street by 40 Main, LLC and City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 204-09 Instituting proceedings to take additional action for the issuance of not to exceed $700,000 Urban Renewal Tax Increment Revenue Notes. Seconded by Resnick. Motion carried 6-0. RESOLUTION NO. 204-09 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $700,000 URBAN RENEWAL TAX INCREMENT REVENUE NOTES 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 issuance of not to exceed $700,000 Urban Renewal Tax Increment Revenue Notes for the purpose of pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, including those costs associated with the funding of economic development grants and loans to 40 Main, LLC, an Iowa limited liability company, under the terms of a Development Agreement dated January 15, 2009 between the City of Dubuque, Iowa and 40 Main, LLC, and has considered the extent of objections received from residents or property owners as to said proposed issuance; 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 sale and issuance in the manner required by law of not to exceed $700,000 Urban Renewal Tax Increment Revenue Notes for the foregoing purpose. Section 2. The Finance Officer is authorized and directed to proceed on behalf of the City with the sale of said Notes, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said Notes on a basis favorable to the City and acceptable to the Council. th Passed and approved this 15 day of June, 2009. 20 Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk North Fork Catfish Creek Sanitary Sewer Project – Phase II: Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and estimated cost for the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project – Phase II and City Manager recommending approval. Motion by Braig to receive and file the documents and adopt Resolution No. 205-09 Approving plans, specifications, form of contract, and estimated cost for the North Fork Catfish Creek Sanitary Sewer Project – Phase II. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 205-09 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE NORTH FORK CATFISH CREEK STORMWATER AND SANITARY SEWER IMPROVEMENTS PROJECT – PHASE II NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project – Phase II, in the estimated amount $1,515,457.67, are hereby approved. th Passed, adopted and approved this 15 day of June, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque Industrial Center West – North Siegert Farm Phase III Project: Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and estimated cost for the Dubuque Industrial Center West – North Siegert Farm Phase III Project and City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 206-09 Approving plans, specifications, form of contract, and estimated cost for the Dubuque Industrial Center West – North Siegert Farm Phase III Project. Seconded by Braig. Motion carried 6-0. RESOLUTION NO. 206-09 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE DUBUQUE INDUSTRIAL CENTER WEST, NORTH SIEGERT FARM PROJECT – PHASE III, PCC PAVING & UTILITIES NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Dubuque Industrial Center West, North Siegert Farm Project – Phase III, PCC Paving & Utilities, in the estimated amount $1,123,537, are hereby approved. th Passed, adopted and approved this 15 day of June, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk National Mississippi River Museum and Aquarium River Center Project – Phase II: Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and estimated cost for the National Mississippi River Museum and Aquarium River Center Project – Phase II and City Manager recommending approval. Motion by Braig to 21 receive and file the documents and adopt Resolution No. 207-09 Approving plans, specifications, form of contract, and estimated cost for the National Mississippi River Museum and Aquarium River Center Project – Phase II. Seconded by Voetberg. Dubuque County Historical Society Executive Director Jerry Enzler, 531 W. Heller, East Dubuque, thanked the City Council for their partnership on this project. Motion carried 6-0. RESOLUTION NO. 207-09 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE NATIONAL MISSISSIPPI RIVER MUSEUM AND AQUARIUM RIVERS CENTER PROJECT – PHASE II, IOWA DOT NO. EDP-2100 (652)--7Y-31 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 National Mississippi River Museum and Aquarium Rivers Center Project – Phase II, in the estimated amount $6,301,000, are hereby approved. th Passed, adopted and approved this 15 day of June, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Dubuque Main Street Quarterly Report: Dubuque Main Street Director Dan LoBianco, 3533 West Way Drive, presented a slide presentation on the quarterly activities of Dubuque Main Street. Motion by Braig to receive and file the documents. Seconded by Voetberg. Motion carried 6-0. Urban Development Action Grant (UDAG) Loan Agreement – Genuine Genius Solutions (Tabled at meeting of June 1, 2009): City Manager recommending approval to amend the $40,000 Urban Development Action Grant (UDAG) Loan Agreement with Genuine Genius Solutions, LLC to allow a one year extension of the repayment of the loan. Motion by Braig to remove from the table. Seconded by Jones. Motion carried 6-0. Jones thanked Genuine Genius Solutions CEO Robert W. Daniels, 2983 Pennsylvania Avenue, for being in attendance. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Resnick. Motion carried 6-0. Downtown Design Guidelines: City Manager recommending approval of an incentive-based implementation strategy for the Downtown Design Guidelines similar to the current review process for private and public improvements in the Greater Downtown Urban Renewal District and adoption of the Downtown Design Guidelines. Motion by Resnick to receive and file the documents and approve the recommendation. Seconded by Voetberg. Planning Services Laura Carstens presented a slide presentation overview of the Downtown Design Guidelines. Responding to a question from City Council, Carstens stated that the Historic Preservation Commission would make recommendations on substantial changes and the guidelines would be included in RFP and bid documents. Motion carried 6-0. Port of Dubuque Public Parking Facility Agreement: City Manager recommending approval of the Port of the Dubuque Public Parking Facility Private Parking Agreement between the City 22 of Dubuque and Diamond Jo, LLC. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Voetberg. Motion carried 6-0. Parking Ramp Architect / Engineer Contract Award: City Manager recommending award of thth the design contract for the parking ramp at 5 and Bluff and the parking ramp at 10 and Central to Desman Associates in the amount of $950,000. Motion by Lynch to receive and file the documents and adopt Resolution No. 208-09 Awarding contract. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 208-09 AWARDING CONTRACT nd Whereas, sealed bids were received on the 22 day of May, 2009 for the design of parking thth ramps at 5 & Bluff and 10 and Central. It has been determined that the bid of Desman Associates in the amount of $950,000 is to be accepted for work as provided in the Request for Proposal as approved by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above be awarded to Desman Associates, and the City Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the completion of the work. th Passed, approved and adopted this 15 day of June, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Chapter 44 – Code of Ordinances Amendment: City Manager recommending approval of amendments to the Code of Ordinances related to the water meter change out program. Motion by Lynch to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Motion carried 6-0. Motion by Lynch for final consideration and passage of Ordinance No. 30-09 Amending the City Code of Ordinances Chapter 44 Utilities, Article III Water, Division 2 Connections, Section 44-164 Interference with Shutoff; Ordinance No. 31-09 Amending the City Code of Ordinances Chapter 44 Utilities, Article III Water, Division 3 Meters, Section 44-183 Location, Method of Installation; Ordinance No. 32-09 Amending the City Code of Ordinances Chapter 44 Utilities, Article III Water, Division 3, Meters, Section 44-184 Remote Readers; Ordinance No. 33-09 Amending the City Code of Ordinances Chapter 44 Utilities, Article III Water, Division 2 Connections, Section 44-153 Service Connections to be Installed by City or Duly Licensed Plumbers. Seconded by Braig. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 30-09 AMENDING THE CITY CODE OF ORDINANCES CHAPTER 44 UTILITIES, ARTICLE III WATER, DIVISION 2 CONNECTIONS, SECTION 44-164 INTERFERENCE WITH SHUTOFF NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 44-164 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Section 44-164. Interference with Shutoff. 23 No one except a city employee, a person specially authorized by the City Manager or the City Manager’s designee, or a person under the supervision of a licensed plumber shall turn on or shut off the water at the outside shutoff or stop box; provided, however, that licensed plumbers or persons under the supervision of a licensed plumber may turn on or off the water for testing plumbing or making repairs, provided permission is obtained in advance from the city, but, whenever so used, the shutoff must be left closed, if found closed, and open if found open by the plumber or person under the supervision of a licensed plumber who uses it. th Passed, approved and adopted this 15 day of June, 2009. /s/Joyce E. Connors, Mayor Pro-Tem Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 19 day of June, 2009. /s/Jeanne F. Schneider, CMC, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 31-09 AMENDING THE CITY CODE OF ORDINANCES CHAPTER 44 UTILITIES, ARTICLE III WATER, DIVISION 3 METERS, SECTION 44-183 LOCATION, METHOD OF INSTALLATION NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 44-183 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Section 44-183. Location, Method of Installation. (a) Meters shall be installed just inside of the basement wall at the end of the service pipe described in this article. Except as otherwise authorized by the City Manager, the regular couplings, which are sold as part of the meter, must remain intact when meter has been installed. (b) All meters shall be installed horizontally between one foot (1') and four feet (4') above the basement floor. A suitable place shall be provided for the meter so as to keep it dry and clean and readily accessible at all times to the meter reader and inspectors of the city. c) Wherever it is impossible to install a meter in the basement, the plumber or other authorized person must obtain special instructions as to its installation from the City Manager or the City Manager’s designee. (d) A valve shall be placed at the inlet side and a valve on the outlet side of all meters. The types of permissible valves shall be approved by the City Manager. (e) Should the City Manager determine that any meter has been improperly installed, notice shall be given to the owner requiring correction of the defect. If such defect is not corrected within five (5) days of such notice, the City Manager may direct that the water supply be shut off and not be turned on again until the defect has been repaired and a charge as established by the City Manager has been paid. th Passed, approved and adopted this 15 day of June, 2009. /s/Joyce E. Connors, Mayor Pro-Tem Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 19 day of June, 2009. /s/Jeanne F. Schneider, CMC, City Clerk 24 OFFICIAL PUBLICATION ORDINANCE NO. 32-09 AMENDING THE CITY CODE OF ORDINANCES CHAPTER 44 UTILITIES, ARTICLE III WATER, DIVISION 3, METERS, SECTION 44-184 REMOTE READERS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 44-184 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Section 44-184. Remote Readers a) Unless otherwise required by the City Manager, all water meters installed in new and remodeled structures shall have remote readers. The remote reader shall be installed at a location acceptable to the City Manager. Wiring for connecting the water meter to the remote reader shall be of the type designated by the City Manager. The remote reader shall be of the type designated by the City Manager. The remote reader shall be installed as required by the city manager at a charge to the owner or owners as established by the city manager or the city manager's designee. Payment for the remote reader or readers shall be made at the time of application for service. (b) Remote readers shall be installed by the city on such other water meters as the City Manager shall direct. The charge for installation of the remote reader shall be as determined by the City Manager and shall be paid by the user or owner. (c) A user or owner who refuses to allow installation of a remote reader, after a thirty (30) day written notice, shall be charged at the rate of fifty cents ($0.50) a month until a remote reader is installed as outlined under the provisions of subsection (b) of this section. (d) Remote readers are the property of the city and shall not be removed from the place where installed except as authorized by the City Manager. th Passed, approved and adopted this 15 day of June, 2009. /s/Joyce E. Connors, Mayor Pro-Tem Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 19 day of June, 2009. /s/Jeanne F. Schneider, CMC, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 33-09 AMENDING THE CITY CODE OF ORDINANCES CHAPTER 44 UTILITIES, ARTICLE III WATER, DIVISION 2 CONNECTIONS, SECTION 44-153 SERVICE CONNECTIONS TO BE INSTALLED BY CITY OR DULY LICENSED PLUMBERS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 44-153(a) (b) of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Section 44-153. Service Connections to be installed by City or duly licensed plumbers or by persons specially authorized by the City Manager. (a) As used in this section, the phrase “service connection” shall include all those facilities used to supply and control the water from the main to the meter including the tap and the meter. (b) The installation of all service connections shall be made by employees of the city, by duly licensed plumbers, or by persons specially authorized by the City Manager. All pipe fittings and materials shall be approved by the City Manager. th Passed, approved and adopted this 15 day of June, 2009. 25 /s/Joyce E. Connors, Mayor Pro-Tem Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 19 day of June, 2009. /s/Jeanne F. Schneider, CMC, City Clerk There being no further business, upon motion the City Council adjourned at 7:57 p.m. /s/Jeanne F. Schneider, CMC City Clerk 26