Loading...
02 20 23 City Council Proceedings Official_Specail and Regular1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 6:00 p.m. on February 20, 2023, in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Members Farber (arrived at 6:07 p.m.), Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell. Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on Travel Dubuque WORK SESSION Travel Dubuque Annual Update Travel Dubuque President and CEO Keith Rahe provided the organization's annual presentation. Mr. Rahe responded to questions from the City Council following the presentation. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:27 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk 2 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on February 20, 2023, in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell. Mayor Cavanagh read the call and stated this is a regular session of the City Coun cil called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. Birthday of Captain Robert L. Martin during Black History Month (February 2023) was ac- cepted by Anthony Allen and R.R.S. Stewart on behalf of the Captain Robert L. Martin Com- memoration Committee and the Dubuque Branch of the NAACP. 2. Dubuque's Read Across America Day (March 2, 2023) was accepted by Beth McGorry on behalf of St. Mark Youth Enrichment. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Farber. Motion carried 7 -0. 1. Minutes and Reports Submitted: City Council Proceedings of 1/30/23 and 2/6/23; Equity and Human Rights Commission of 8/8/22, 9/12/22, 11/14/22, and 12/12/22; Historic Preserva- tion Commission of 1/19/23; Library Board of Trustees of 10/27/22, 11/16/22, and 12/15/22; Library Board of Trustees Update of 1/26/23; Zoning Advisory Commission of 2/1/23; Zoning Board of Adjustment of 1/26/23; Proof of publication for City Council Proceedings of 1/17/23 and 1/30/23. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Steven Grutzmacher for mileage reimbursement; Michael Lange for vehicle damage; John Lockwood for vehicle damage. Upon motion the documents were received, filed, and referred to the City Attorney. 3. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 38-23 Authorizing the Director of Finance and Budget/City Treasurer to make certain payments of bills that must be paid and approved for payment in accordance with City procedures was adopted. RESOLUTION NO. 38-23 AUTHORIZING THE DIRECTOR OF FINANCE AND BUDGET / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES 3 Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that the Finance Director-City Treasurer shall keep an accurate account of all disbursements, money, or property, specifying date, to whom, and from what fund paid; and Whereas, the invoices, presented by those firms and persons providing such goods and ser- vices have been pre-audited by Finance Department personnel in accordance with generally accepted internal control procedures and have been determined to have been requisitioned for a lawful municipal purpose; and Whereas, the Finance Director-City Treasurer has provided a list of Expenditures attached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142 -18 adopted May 7, 2018, authorized the Finance Director-City Treasurer to issue checks in pay- ment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA THAT: Section 1. The Finance Director-City Treasurer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and contracts issued in compliance with state and municipal code requirements as requested by designated requisitioning authorities in accordance with approved budget appropriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance Di- rector are hereby authorized and directed to provide the statement of receipts and disburse- ments to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 20th day of February, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Authorized Depository Institutions: Upon motion the documents were received and filed, and Resolution No. 39-23 Naming Depositories was adopted. RESOLUTION NO. 39-23 RESOLUTION NAMING DEPOSITORIES Whereas, Chapter 12C.2 of the Code of Iowa states that the approval of a financial institution as a depository shall be by written resolution or order which shall be entered of record in the minutes of the approving board, and which shall distinctly name each depository approved, and specify the maximum amount which may be kept on deposit in each deposito ry; and Whereas, this procedure is required if a financial institution changes its name or home office location, if the maximum amount is changed, or if a financial institution is added or deleted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the following financial institutions are approved to be depositories of the City of Dubuque, Iowa funds in conformance with all applicable provisions of the Iowa Code Chapter 12C.2 Section 2. The City Treasurer is hereby authorized to deposit City of Dubuque, Iowa funds in amounts not to exceed the maximum approved for each respective financial institution as set out below. Depository Name Location of Home Office Maximum Balance MidWestOne Bank Iowa City, Iowa $60,000,000 Dubuque Bank & Trust Company Dubuque, Iowa $60,000,000 U.S. Bank Minneapolis, Minnesota $40,000,000 4 Fidelity Bank & Trust Dyersville, Iowa $40,000,000 Peoples Savings Bank Montezuma, Iowa $30,000,000 Collins Community Credit Union Cedar Rapids, Iowa $35,000,000 Dupaco Community Credit Union Dubuque, Iowa $35,000,000 Green State Credit Union North Liberty, Iowa $30,000,000 DuTrac Community Credit Union Dubuque, Iowa $30,000,000 Vibrant Credit Union Moline, Iowa $30,000,000 Premier Bank Dubuque, Iowa $20,000,000 Hometown Bank Fond du Lac, Wisconsin $ 250,000 Passed, approved, and adopted this 20th day of February 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. 2022 Calendar year Certified Local Governments Annual Report and 2023 Historic Preser- vation Commission Annual Workplan : Upon motion the documents were received, filed, and approved. 6. Fiscal Year 2023 Certified Local Government Grant Agreement for Voelker Highlands Sur- vey: Upon motion the documents were received and filed, and Resolution No. 40 -23 Approving CLG Grant Agreement with the Iowa Department of Cultural Affairs for the Voelker Highlands Intensive Architectural Survey was adopted. RESOLUTION NO. 40-23 APPROVING CLG GRANT AGREEMENT WITH THE IOWA DEPARTMENT OF CULTURAL AFFAIRS FOR THE VOELKER HIGHLANDS INTENSIVE ARCHITECTURAL SURVEY Whereas, the State Historical Society of Iowa (SHSI) under the Iowa Department of Cultural Affairs (IDCA) has allocated Certified Local Government Program (CLG) grant funds for projects that help to preserve, conserve, interpret, enhance, and educate the public about Iowa’s histor- ical assets; and Whereas, the City of Dubuque has adopted the 2022 Historic Preservation Commi ssion Workplan which includes the Voelker Highlands Intensive Architectural Survey in the goal: Sur- veys and Registration Projects; and Whereas, this project helps support recommendations in the 2037 Imagine Dubuque Com- prehensive Plan; and Whereas, this project helps support recommendations in the 2016 Arts and Cultural Master Plan; and Whereas, this project helps meet goals of the Dubuque City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Mayor is hereby authorized on behalf of the City of Dubuque to sign the FY 2023 CLG Grant Agreement with the Iowa Department of Cultural Affairs for the Voelker High- lands Intensive Architectural Survey. Section 2. The Planning Services Manager is hereby authorized as the project manager for the CLG project. Passed, approved, and adopted this 20th day of February 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. Fiscal Year 2023 Certified Local Government Grant Agreement for the Deereville S urvey: Upon motion the documents were received and filed, and Resolution No. 41-23 Approving CLG 5 Grant Agreement with the Iowa Department of Cultural Affairs for the Deereville Intensive Archi- tectural Survey was adopted. RESOLUTION NO. 41-23 APPROVING CLG GRANT AGREEMENT WITH THE IOWA DEPARTMENT OF CULTURAL AFFAIRS FOR THE DEEREVILLE INTENSIVE ARCHITECTURAL SURVEY Whereas, the State Historical Society of Iowa (SHSI) under the Iowa Department of Cultural Affairs (IDCA) has allocated Certified Local Government Program (CLG) grant funds for projects that help to preserve, conserve, interpret, enhance, and educate the public about Iowa’s histor- ical assets; and Whereas, the City of Dubuque has adopted the 2022 Historic Preservation Commission Workplan which includes the Deereville Intensive Architectural Survey in the goal: Surveys and Registration Projects; and Whereas, this project helps support recommendations in the 2037 Imagine Dubuque Com- prehensive Plan; and Whereas, this project helps support recommendations in the 2016 Arts and Cultural Master Plan; and Whereas, this project helps meet goals of the Dubuque City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Mayor is hereby authorized on behalf of the City of Dubuque to sign the FY 2023 CLG Grant Agreement with the Iowa Department of Cultural Affairs for the Deereville In- tensive Architectural Survey. Section 2. The Planning Services Manager is hereby authorized as the project manager for the CLG project. Passed, approved, and adopted this 20th day of February 2023. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 8. US Census Boundary and Annexation Survey: Upon motion the documents were received and filed. 9. Solar@Scale Letter of Support: Upon motion the documents were received, filed, and ap- proved. 10. Signed Contract(s): Carrico Aquatic Resources, Inc. for the Sutton Pool Filter Replace- ment; McDermott Excavating for the Briarwood Subdivision Water Connection. Upon motion the documents were received and filed. 11. Improvement Contracts / Performance, Payment and Maintenance Bonds: Carrico Aquatic Resources for the Flora Pool Filter Tank & Recirculation Pump Replacement Project. Upon motion the documents were received, filed, and approved. 12. Chavenelle Road – NW Arterial to Radford Road Reconstruction Project: Upon motion the documents were received and filed, and Resolution No. 42 -23 Accepting the Chavenelle Road – NW Arterial to Radford Road Reconstruction Project and authorizing the payment of the contract amount to the contractor and Resolution No. 43-23 Adopting the Final Assessment Schedule for the Chavenelle Road – NW Arterial to Radford Road Reconstruction Project were adopted. 6 RESOLUTION NO. 42-23 ACCEPTING THE CHAVENELLE ROAD – NW ARTERIAL TO RADFORD ROAD RECON- STRUCTION PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Chavenelle Road – NW Arterial to Radford Road Reconstruction Project (the Project) has been completed by the contractor, Bard Materials Inc. (Contractor), and the City Engineer has examined the work and recommends that the Pro- ject be accepted; and Whereas, the final contract amount for the Project is $2,451,804 .52; and Whereas, the Contractor has previously been paid $2,375,176.85, leaving a balance of $76,627,67; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The recommendation of the City Engineer is approved, and the Project is hereby accepted. Section 2. The Director of Finance and Budget is hereby directed to pay the balance of the retainage of $76,627.67 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa chapter 26.13. Passed, approved, and adopted this 20th day of February 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, CMC City Clerk RESOLUTION NO. 43-23 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE CHAVENELLE ROAD – NW ARTERIAL TO RADFORD ROAD RECONSTRUCTION PROJECT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. After full consideration, the Final Schedule of Assessments as shown on the at- tached Exhibit A, is hereby approved for the Chave nelle Road – NW Arterial to Radford Road Reconstruction Project. Section 2. 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 As- sessments, 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. Section 3. The City Clerk be and is hereby directed to certify the Final Schedule of Assess- ments to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certifica- tion 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 as- sessment, as provided in Iowa Code §384.60. Section 4. The assessments may be paid in full or in part without interest at the office of the City Engineer, City Hall, 50 W. 13th 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 of $500.00 or more are payable in 15 annual installments at the County Treasurer’s Office, 7 Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual inter- est at three percent (3%) 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 delin- quent 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 busi- ness 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. Passed, approved, and adopted this 20th day of February 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk CITY OF DUBUQUE, IOWA CHAVENELLE ROAD RECONSTRUCTION - RADFORD ROAD TO NW ARTERIAL FINAL SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS Parcel Number; Property Owner Name; Lot Description; Street Address; Net Assessed Valua- tion; Valuation With Improvement; Net Paving Improvement Cost; Net Paving Improvement De- ficiency; Total Public Improvement Cost; Sidewalk Assessment; Total Net Assessment 1029226002; MAR Holdings LLC; Lot 1 Dubuque Industrial Center Second Add; Chavenelle Road; $ 15,950.00; $ 53,971.73; $ 38,021.73; $ 24,528.80; $ 13,492.93; N/A; $ 13,492.93 1029251002; AB (MC)2 LLC F/K/A Rite-Hite Corporation; Lot 1 & 2 of Final Plat of Lot 1 of Dubuque Industrial Center First Addition; 4343 Chavenelle Road; $ 11,800,000.00; $ 11,842,634.40; $ 42,634.40; N/A; $ 42,634.40; N/A; $ 42,634.40 1029251003; Uelner Precision Tools & Dies Inc, FH; Lot 2-2 Dubuque Industrial Center Sixth Add; 4545 Futuro Court; $ 1,426,960.00; $ 1,439,111.21; $ 12,151.21; N/A; $ 12,151.21; N/A; $ 12,151.21 1029401004; AY McDonald Manufacturing Co.; Lot 3 Dubuque Industrial Center Ninth Add; Chavenelle Road; $ 233,000.00; $ 262,074.21; $ 29,074.21; N/A; $ 29,074.21; N/A; $ 29,074.21 1029401002; Rauen Properties LLC; Lot 1 Dubuque Industrial Center Sixth Add; 4949 Cha- venelle Road; $ 1,880,470.00; $ 1,905,112.17; $ 24,642.17; N/A; $ 24,642.17; N/A; $ 24,642.17 1029251015; Rauen Properties LLC; Lot 2 Dubuque Industrial Center 14th Add; Chavenelle Road; $ 34,050.00; $ 36,947.32; $ 2,897.32; N/A; $ 2,897.32; N/A; $ 2,897.32 1029402004; AY McDonald Manufacturing Co.; Lot 1 Dubuque Industrial Center 13th Add (Pt I; 4800 Chavenelle Road; $ 5,825,000.00; $ 5,881,042.17; $ 56,042.17; N/A; $ 56,042.17; $ 25,444.39; $ 81,486.55 1029276006; Dubuque In Futuro Inc; Lot 2 Dubuque Industrial Center 13th Add; 50 W 13th Street; $ 87,730.00; $ 100,929.42; $ 13,199.42; N/A; $ 13,199.42; $ 6,809.06; $ 20,008.48 1029426001; Metrix Co; Lot 1-2-2 Dubuque Industrial Center 5th Add; 4400 Chavenelle Rd; $ 2,304,810.00; $ 2,328,613.06; $ 23,803.06; N/A; $ 23,803.06; $ 11,543.34; $ 35,346.40 1029276002; Lakeshore Ventures LLC Real Estate Dept; Lot 1 Dubuque Industrial Center 5th Add; 4370 Chavenelle Rd; $ 373,580.00; $ 380,599.11; $ 7,019.11; N/A; $ 7,019.11; $ 3,376.24; $ 10,395.35 1029276004; Weber Paper Company; Lot 1 Dubuque Industrial Center 11th Add; 4300 Cha- venelle Road; $ 1,528,960.00; $ 1,559,923.92; $ 30,963.92; N/A; $ 30,963.92; $ 16,371.93; $ 47,335.85 1029276001; Dubuque Humane Society; Lot 1 of 2 of Dubuque Industrial Center 5th; 4242 Chavenelle Road; $ 1,903,800.00; $ 1,926,133.94; $ 22,333.94; N/A; $ 22,333.94; $ 11,505.62; $ 33,839.55 8 13. Bee Branch Creek Railroad Culverts Trail Project Acceptance: Upon motion the docu- ments were received and filed, and Resolution No. 44-23 Accepting the Bee Branch Creek Rail- road Culvert Trail Project and authorizing the payment of the contract amount to the con tractor was adopted. RESOLUTION NO. 44-23 ACCEPTING THE BEE BRANCH CREEK RAILROAD CULVERT TRAIL PROJECT AND AU- THORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Bee Branch Railroad Culvert Trail Project (the Project) has been completed by the Contractor, Tricon General Construction, (Contractor) and the City Engineer has examined the work and that the Project be accepted; and Whereas, the final contract amount for the Project is $463,129.25; and Whereas, the Contractor has previously been paid $439,972.79, leaving a balance of $23,156.46; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The recommendation of the City Engineer is approved, and the Project is hereby accepted. Section 2. The Chief Financial Officer is hereby directed to pay to the Contractor the balance of the retainage of $23,156.46 as provided in Iowa Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573 or Iowa Code Chapter 26.13. Passed, approved, and adopted this 20th day of February, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 14. Upper Bee Branch Creek Railroad Culverts Project Acceptance: Upon motion the docu- ments were received and filed, and Resolution No. 45 -23 Accepting the Upper Bee Branch Creek Railroad Culverts Project and authorizing the payment of the contract amount to the con- tractor was adopted. RESOLUTION NO. 45-23 ACCEPTING THE UPPER BEE BRANCH CREEK RAILROAD CULVERTS PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Upper Bee Branch Creek Railroad Cul- verts Project (the Project) has been completed by the Contractor, Tricon General Construction, (Contractor), and the City Engineer has examined the work and that the Project be accepted; and Whereas, the final contract amount for the Project is $26,564,501.38; and Whereas, the Contractor has previously been paid $25,236,276.30, leaving a balance of $1,328,225.08; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The recommendation of the City Engineer is approved, and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $1,328,225.08 as provided in Iowa Chapter 573, and to pay such retainage only in 9 accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved, and adopted this 20th day of February, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 15. Approval of Plat of Survey (ROW Vacation) of Lot 2-2-1-2-1-2-2-2-2-2-B of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubu- que, Iowa for Vacation Petition (to Hills and Dales Childhood Development Center) as part of the Stoneman Road Reconstruction Project: Upon motion the documents were received and filed, and Resolution No. 46-23 Approving Plat of Proposed Vacated Portion of Stoneman Road, in the City of Dubuque, Iowa, to be known as Lot 2-2-1-2-1-2-2-2-2-2-B of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 46-23 APPROVING PLAT OF PROPOSED VACATED PORTION OF STONEMAN ROAD, IN THE CITY OF DUBUQUE, IOWA, TO BE KNOWN AS LOT 2-2-1-2-1-2-2-2-2-2-B OF THE NORTH- EAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, T89N, R2E OF THE 5TH P.M., IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated February 9, 2023 prepared by the City of Dubuque Engineering Department, showing the proposed vacated portion of Stoneman Road, in the City of Dubuque, Iowa and assigned a lot number thereto, to be known as Lot 2-2-1-2-1-2-2-2-2-2-B of the Northeast Quarter of the North- east Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the plat dated February 9, 2023, prepared by the City of Dubuque Engineering Department, relative to the real estate hereinabove described be and the same is hereby ap- proved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves a public utility easement over the entirety of the hatched area of said Lot 2-2-1-2-1-2-2-2-2-2-B of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa, as shown and denoted on the face of the plat. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved, and adopted this 20th day of February, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 16. Calendar Year 2022 Urban Revitalization Program Applications: Upon motion the docu- ments were received and filed, and Resolution No. 47 -23 Approving Property Tax Abatement Applications Submitted by Property Owners in Urban Revitalization Areas and Authorizing the transmittal of the approved applications to the City Tax Assessor was adopted. RESOLUTION NO. 47-23 APPROVING PROPERTY TAX ABATEMENT APPLICATIONS SUBMITTED BY PROPERTY OWNERS IN URBAN REVITALIZATION AREAS AND AUTHORIZING THE TRANSMITTAL OF THE APPROVED APPLICATIONS TO THE CITY TAX ASSESSOR 10 Whereas, Chapter 404 of the Code of Iowa, the Urban Revitalization Act, permits cities to abate property taxes for improvements made to properties in designated revitalization areas; and Whereas the Urban Revitalization Act requires property owners to submit a written application for abatement by February 1, 2023, of the assessment year for which the abatement is first claimed and requires the City Council to approve all applications that meet the requirements of the adopted Urban Revitalization Plan. Copies of the Urban Revitalization applications are for- warded to the City Assessor for review by March 1, 2023; and Whereas, pursuant to the requirements of said Urban Revitalization Act, the following Urban Revitalization Areas were established: Dubuque Urban Revitalization Area, Alta Vista, Radford Road, 210 Jones Street, Kunkel & Associates, Lange Estates; and Whereas, the City of Dubuque, as of February 1, 2023, received tax abatement applications from the following property owners in the aforementioned urban revitalization districts eligible for tax exemption for the time period indicated: DBQ UR Area 2100 White St UTZ, LLC/Jeff Udelhofen Commercial 3-year DBQ UR Area 1458 White St Nia Neighborhoods Opportunity Zone Fund Residential 10-year DBQ UR Area 1659 Iowa St GT Development Residential 10-year DBQ UR Area 1665 Iowa St GT Development Residential 10-year DBQ UR Area 1671 Iowa St GT Development Residential 10-year DBQ UR Area 1677 Iowa St GT Development Residential 10-year DBQ UR Area 1199 Central Ave Virtual Velocity LLC Residential 10-year DBQ UR Area 2414 Windsor Ave City of Dubuque Residential 10-year Whereas, the Housing and Community Development Department has reviewed the above- described applications, verified required permits were obtained and inspected for applicable im- provements, verified inspections of the properties, and determined the applications and the im- provements conform to the requirements of the City of Dubuque’s Urban Revitalization Plans. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the above-described tax abatement applications meet the requirements of the City of Dubuque’s Urban Revitalization Plans. Section 2. That the above-described tax abatement applications are hereby approved by the District Address Property Owner Type of Prop- erty Exemption Period DBQ UR Area 2860 Central Ave Justyna Miranda Residential 10-year DBQ UR Area 2619 Pinard Amber Holbrook Residential 10-year DBQ UR Area 1494/1496 Jackson Bolsinger Property Management Residential 10-year DBQ UR Area 2717 Central Ronald Pluym Residential 10-year DBQ UR Area 629 Groveland Jeffrey Robbins Residential 10-year DBQ UR Area 308 Hill 308 Hill St LLC/Martin Froehlich Residential 10-year DBQ UR Area 611 West 17th Darin & Christine Poll Residential 10-year DBQ UR Area 625 Rhomberg Lakeside Investments, LLC Residential 10-year DBQ UR Area 2535 Central TKWJ Estates Residential 10-year DBQ UR Area 935 Oxford James Gonyer Residential 10-year DBQ UR Area 1470 Washington Dubuque & Jackson Co. Habitat for Humanity Residential 10-year DBQ UR Area 1505 Montrose Terr. Secure Home Offers LC and B&H Investment Properties LLC Residential 10-year DBQ UR Area 2268 Prince Michael & Karen Reiter Residential 10-year 11 City Council, subject to the review and approval of the City Assessor. Section 3. That the City Clerk is hereby authorized and directed to forward the above- de- scribed tax abatement applications to the City Assessor. Passed, approved, and adopted this 20th day of February, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 17. First Amendment to Community Development Block Grant Subrecipient Agreement be- tween the City of Dubuque and Four Mounds Foundation: Upon motion the documents were received and filed, and Resolution No. 48 -23 Authorizing the First Amendment to the CDBG Subrecipient Agreement between the City of Dubuque and Four Mounds Foundation was adopted. RESOLUTION NO. 48-23 AUTHORIZING THE FIRST AMENDMENT TO THE CDBG SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF DUBUQUE AND FOUR MOUNDS FOUNDATION Whereas, the City of Dubuque and Four Mounds Foundation entered into a CDBG Subrecip- ient Agreement dated September 8, 2020 with respect to providing services to a presumed low - and moderate- income population; and Whereas, the parties desire to modify the Subrecipient Agreement as set out in the First Amendment to the Subrecipient Agreement attached hereto; and Whereas, Four Mounds Foundation provides services to a majority low to moderate -income individuals. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the First Amendment to the CDBG Subrecipient Agreement be approved. Section 2. That the City Manager or his designee of the City of Dubuque is hereby authorized and directed to execute said Amendment on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 20th day of February 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 18. Approval of Retail Alcohol Licenses: Upon motion the documents were received and filed, and Resolution No. 49-23 Approving applications for retail alcohol licenses, 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. 49-23 APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULA- TIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for retail alcohol licenses have been submitted and filed with the City Council for approval, and the same have been examined, provisionally approved, and/or ap- proved; and Whereas, the premises to be occupied by such applicants were inspected and found to com- ply 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 DUBU- QUE, IOWA THAT: 12 Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted license types to the following applicants pending submission of the locally required documenta- tion: New Applications Yardarm - 8 Month License 1201 Shiras Ave. Renewals Backpocket Dubuque 333 East 10th St., Suite A Board and Brush Creative Studio 875 Jackson St., Suite 111 Bunker Hill Golf Course 2200 Bunker Hill Rd. BustinAxe Throwing Range 576 Central Ave. Hartig Drug Company 2255 John F. Kennedy Rd. Kwik Stop 16th Street #325 1210 East 16th St. Liquor, Tobacco, and Gas 1401 Central Ave. Loras College Campus Center 1450 Alta Vista St. Monks Kaffee Pub 373 Bluff St. Salsa’s Mexican Restaurant 1091 Main St. The Hub 253 Main St. Passed, approved, and adopted this 20th day of February 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Roussell to receive and file the documents, adopt the resolutions, and set the public hearings as indicated. Seconded by Wethal. Motion carried 7 -0. 1. Set Public Hearing Petition to Vacate and Dispose of City Interest in a portion of the Stone- man Road Right of Way, in the City of Dubuque, Iowa for Vacation Petition (to Hills and Dales Childhood Development Center) as part of the Stoneman Road Reconstruction Project : Upon motion the documents were received and filed and Resolution No. 50 -23 Intent to vacate and dispose of city interest in a portion of Stoneman Road, in the City of Dubuque, Iowa, to be known as Lot 2-2-1-2-1-2-2-2-2-2-B of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 6, 2023 in the Historic Federal Building. RESOLUTION NO. 50-23 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN A PORTION OF STONEMAN ROAD, IN THE CITY OF DUBUQUE, IOWA, TO BE KNOWN AS LOT 2-2-1- 2-1-2-2-2-2-2-B OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, T89N, R2E OF THE 5TH P.M., IN THE CITY OF DUBUQUE, IOWA Whereas, per an agreement with Hills and Dales Childhood Development Center approved by Resolution No. 170-22, the City is to vacate a portion of the Stoneman Road right of way originally platted as a cul-de-sac at the westerly end of Stoneman Road and is to convey the property to Hills and Dales for use as parking lot; and Whereas, the City of Dubuque Engineering Department has prepared and submitted to the City Council a plat showing the proposed vacated right of way of Stoneman Road, in the City of Dubuque, Iowa and assigned a lot number thereto, to be known as Lot 2-2-1-2-1-2-2-2-2-2-B of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa. 13 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City of Dubuque intends to vacate and dispose of its interest in Lot 2-2-1- 2-1-2-2-2-2-2-B of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa, as shown on the attached Exhibit A. Section 2. That a public hearing, and/or by virtual means, on the intent to vacate and dispose of City interest in Lot 2-2-1-2-1-2-2-2-2-2-B of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa, to Hills and Dales Child- hood Development Center, is hereby set for the 6th day of March, 2023, at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, beginning at 6:30 p.m., and the City Clerk be and is hereby authorized and directed to cause a notice of public hearing on the int ent to vacate said real estate to be published in the manner as prescribed by law. Passed, approved, and adopted this 20th day of February, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Set Public Hearing for Disposition of City-Owned Property at 612 Lincoln Avenue: Upon motion the documents were received and filed and Resolution No. 51 -23 Intent to dispose of an interest in City of Dubuque real estate to Affordable Housing Network, Inc, setting a time and place for hearing, and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 6, 2023 in the Historic Federal Build- ing. RESOLUTION NO. 51-23 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE TO AFFORDABLE HOUSING NETWORK, INC, SETTING A TIME AND PLACE FOR HEARING, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) owns 612 Lincoln Avenue (the Property) legally described as: Southwesterly Half of Lot 53 and Lot 1 of Lot 54 in Cook’s Addition to the City of Dubuque, Iowa, according to the recorded plat thereof Whereas, the City acquired the property through petition for title to abandoned property; and Whereas, it is the recommendation of the Housing and Community Development Department to approve the purchase agreement for the sale to Affordable Housing Network, Inc. according to the terms and conditions set out in the purchase agreement in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City of Dubuque, Iowa, proposes to approve the purchase agreement of the above-described real estate to Affordable Housing Network, Inc. Section 2. That the City Council shall conduct a public hearing on the proposed purchase agreement in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa on the 6th day of March, 2023, beginning at 6:30 PM. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing in the form attached hereto, according to law. Passed, approved, and adopted this 20th day of February 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Resolution of Necessity for the Amendment of the Dubuque Industrial Center Economic 14 Development District Urban Renewal Plan, Version 2023.1: Upon motion the documents were received and filed and Resolution No. 52-23 Authorizing and directing the City Manager to pre- pare an Amended and Restated Urban Renewal Plan Version 2023.1 for the Dubuque Industrial Center Economic Development District, setting a date for the public hearing and directing the consultation process on the proposed Amended and Res tated Urban Renewal Plan Version 2023.1 for said district was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 20, 2023 in the Historic Federal Building. RESOLUTION NO. 52-23 AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN AMENDED AND RESTATED URBAN RENEWAL PLAN VERSION 2023.1 FOR THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT, SETTING A DATE FOR THE PUBLIC HEARING AND DIRECTING THE CONSULTATION PROCESS ON THE PROPOSED AMENDED AND RESTATED URBAN RENEWAL PLAN VERSION 2023.1 FOR SAID DIS- TRICT Whereas, the City Council of the City of Dubuque has heretofore approved the Amended and Restated Urban Renewal Plan Version 2022.3 (the “Plan” or “Urban Renewal Plan”) for the Dubuque Industrial Center Economic Development District (the “District”) in order to provide redevelopment opportunities which will further the purposes and objectives of the foregoing Ur- ban Renewal Plan; and Whereas, City staff has recommended that the Plan be further amended to remove property from Subarea E of the District and to add a project to the Public Purpose Activities as shown in the attached proposed Amended and Restated Plan Urban Renewal Plan Version 2023.1 for the Dubuque Industrial Center Economic Development District; and Whereas, Iowa Code Chapter 403 requires that before a Plan may be modified, the City Council must follow the notification, consultation, and public hearing process set forth therein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City Manager is authorized and directed to prepare an Amended and Restated Urban Renewal Plan Version 2023.1 for the Dubuque Industrial Center Economic De- velopment District to include in such Plan any appropriate project activi ties and details, and to determine an appropriate date for and conduct the consultation process required by law with affected taxing entities concerning the proposed amendment. Section 2. That the City Council hold a public hearing on the adoption of the p roposed Amended and Restated Urban Renewal Plan Version 2023.1 for the Dubuque Industrial Center Economic Development District on March 20, 2023 at 6:30 p.m. in the form attached hereto. The notice of said hearing shall generally identify the areas covered by the Plan Version 2023.1 and the general scope of the urban renewal activities planned for such areas and said notice shall be published in a newspaper having general circulation within the City not less than four days nor more than twenty days before the date of said meeting. A copy of the notice of public hearing shall be sent by ordinary mail to the affected taxing entities. Section 3. That the Economic Development Department is further directed to send by ordinary mail a copy of said Plan Version 2023.1, the notice of public hearing, a notice of consultation, and, to the extent the Plan Version 2023.1 includes the use of tax increment revenues for a public building, an analysis of alternative development and funding options for such public build- ings, to the Dubuque Community School District and the Dubuque County Board of Supervisors, as the affected taxing entities. Passed, approved, and adopted this 20th day of February, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 15 4. Resolution of Necessity for the Amendment of the Dubuque Industrial Center Economic Development District Urban Renewal Plan, Version 2023.2: Upon motion the documents were received and filed and Resolution No. 53-23 Authorizing and directing the City Manager to pre- pare an Amended and Restated Urban Renewal Plan Version 2023.2 for the Dubuque Industrial Center Economic Development District, setting a date for the public hearing and directing the consultation process on the proposed Amended and Restated Ur ban Renewal Plan Version 2023.2 for said district was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 20, 2023 in the Historic Federal Building. RESOLUTION NO. 53-23 AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN AMENDED AND RESTATED URBAN RENEWAL PLAN VERSION 2023.2 FOR THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT, SETTING A DATE FOR THE PUBLIC HEARING AND DIRECTING THE CONSULTATION PROCESS ON THE PROPOSED AMENDED AND RESTATED URBAN RENEWAL PLAN VERSION 2023.2 FOR SAID DIS- TRICT Whereas, the City Council of the City of Dubuque has heretofore approved the Amended and Restated Urban Renewal Plan Version 2023.1 (the “Plan” or “Urban Renewal Plan”) for the Dubuque Industrial Center Economic Development District (the “District”) in order to provide redevelopment opportunities which will further the purposes and objectives of the foregoing Ur- ban Renewal Plan; and Whereas, City staff has recommended that the Plan be further amended to expand the District by creating Subarea S and to add a project to the Public Purpose Activities as shown in the attached proposed Amended and Restated Plan Urban Renewal Plan Version 2023.2 for the Dubuque Industrial Center Economic Development District; and Whereas, Iowa Code Chapter 403 requires that before a Plan may be modified, the City Council must follow the notification, consultation, and public hearing process set forth therein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City Manager is authorized and directed to prepare an Amended and Restated Urban Renewal Plan Version 2023.2 for the Dubuque Industrial Center Economic De- velopment District to include in such Plan any appropriate project activities and details, and to determine an appropriate date for and conduct the consultation process required by law with affected taxing entities concerning the proposed amendment. Section 2. That the City Council hold a public hearing on the adoption of the proposed Amended and Restated Urban Renewal Plan Version 2023.2 for the Dubuque Industrial Center Economic Development District on March 20, 2023 at 6:30 p.m. in the form attached hereto. The notice of said hearing shall generally identify the areas covered by the Plan Version 2023.2 and the general scope of the urban renewal activities planned for such areas and said notice shall be published in a newspaper having general circulation within the City not less than four days nor more than twenty days before the date of said meeting. A copy of the notice of public hearing shall be sent by ordinary mail to the affected taxing entities. Section 3. That the Economic Development Department is further directed to send by ordinary mail a copy of said Plan Version 2023.2, the notice of pu blic hearing, a notice of consultation, and, to the extent the Plan Version 2023.2 includes the use of tax increment revenues for a public building, an analysis of alternative development and funding options for such public build- ings, to the Dubuque Community School District and the Dubuque County Board of Supervisors, as the affected taxing entities. Passed, approved, and adopted this 20th day of February, 2023. 16 Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS Appointments were made to the following board. 1. Zoning Board of Adjustments: One, 5-Year term through March 25, 2027 (Vacant term of Golombeski); One, 5-Year term through March 25, 2028 (Expiring term of Mauss). Applicants: Matthew Mauss, 1540 N. Algona St. - Additional Applicant; Rena Stierman, 390 Moore Heights. This commission is subject to the State of Iowa Gender Balance Law, §69.16A. 5 Commission- ers total; currently 2 males/1 female/ 2 opening . Motion by Jones to appoint Mr. Mauss to the five-year term through March 25, 2028 and to appoint Ms. Stierman to the five-year term through March 25, 2027. Seconded by Sprank. Motion carried 7-0. PUBLIC HEARINGS Public Hearing for Resolution Establishing Maximum Property Tax Dollars for Fiscal Year 2024: Motion by Roussell to receive and file the documents and adopt Resolution No. 54 -23 Approval of the Fiscal Year 2024 Maximum Property Tax Dollars for the affected tax levy total. Seconded by Farber. Josh and Emily Chamberland, 2145 Delaware St.; and Rich Miescke, 3199 Sheridan Rd., spoke in opposition to property tax increases. City Clerk Breitfelder stated that written input was received from Steve [no last name provided], 2667 Marywood Dr. City Council Members discussed the challenges of approving the maximum property tax dollars before the budget public hearings, as required by law, and justifications for the ir preferred maximum prop- erty tax dollars. Motion carried 5-2 with Cavanagh and Resnick voting nay. RESOLUTION NO. 54-23 APPROVAL OF THE FISCAL YEAR 2024 MAXIMUM PROPERTY TAX DOLLARS FOR THE AFFECTED TAX LEVY TOTAL Whereas, pursuant to State of Iowa SF634, the City of Dubuque is required to hold a public hearing to consider the proposed Fiscal Year 2024 city maximum prope rty tax dollars for the affected levy total; and Whereas, the City Council have considered the proposed Fiscal Year 2024 city maximum property tax dollars for the affected levy total; and Whereas, a notice concerning the proposed city maximum property tax dollars was published as required and posted on city web site and/or social media accounts if applicable; and Whereas, a public hearing concerning the proposed city maximum property tax dollars was held on February 20, 2023. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA THAT: Section 1. The maximum property tax dollars for the affected tax levies for Fiscal Year 2024 shall not exceed the following total: Total maximum levy for affected property tax levies $26,546,601. Section 2. The maximum property tax dollars requested in the total maximum levy for Fiscal Year 2024 represents an increase less than 102% from the maximum property tax dollars re- quested for Fiscal Year 2023. Passed, adopted, and approved this 20th day of February 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 17 2. Amending Zone B of the Dubuque Industrial Center West Planned Unit Development to allow childcare centers, early learning centers, general office, data centers, and emergency call centers: 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 suspend ed. Seconded by Sprank. Planning Services Manager Wally Wernimont provided a staff report. Rick Dickinson, 205 Hill St., President and CEO of Greater Dubuque Development Corporation; and Ryan Sempf, 7819 Commerce Park, Unit 300, Vice President of Government and External Affairs of the Dubuque Area Chamber of Commerce and Zoning Advisory Commission Member; spoke in support of the amendment. City Clerk Breitfelder stated that Tom Rauen submitted written input to the Planning Services De- partment. City Council Members expressed support for the amendment. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 6-23 Amending Title 16, Unified Development Code of the City of Dubuque Code of Ordinances, by rescinding Ord i- nance No. 32-18 which established regulations for a PUD Planned Unit Development District with a PI Planned Industrial Designation and adopting an Amended PUD Ordinance to allow for Childcare Centers, Early Learning Centers, General Office, Data Centers, and Emergency Call Centers within the Zone B of the PUD Planned Development District . Seconded by Sprank. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 6 - 23 AMENDING TITLE 16, UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY RESCINDING ORDINANCE NO. 32-18 WHICH ESTABLISHED REG- ULATIONS FOR A PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PI PLANNED INDUSTRIAL DESIGNATION AND ADOPTING AN AMENDED PUD ORDINANCE TO AL- LOW FOR CHILDCARE CENTERS, EARLY LEARNING CENTERS, GENERAL OFFICE, DATA CENTERS, AND EMERGENCY CALL CENTERS WITHIN THE ZONE B OF THE PUD PLANNED DEVELOPMENT DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That Title 16 of the Dubuque Code of Ordinances, Unified Devel opment Code, is hereby amended by rescinding Ordinance No. 32-18 and allowing childcare centers, early learn- ing centers, general offices, data centers, and emergency call centers within Zone B of the Dubuque Industrial Center West PUD Planned Unit Developm ent district with a PI Planned In- dustrial Designation for the property legally described, to wit: Lot 2 of McFadden Farm Place No. 2, Part of Lot 1-2 McFadden Farm Place No. 4, Balance of Lot 1-2 McFadden Farm Place No. 4, Lot 1 of McFadden Farm Place No. 5, Part Lot 1A McFadden Farm Place No. 6, Balance of Lot 1A McFadden Farm Place No. 6, Balance of Lot 1 McFadden Farm Place No 6 excluding Lot 1A, Lot 4 Dubuque Industrial Center West, Lots 1-1, 2, 2-1, 3, 4, 5, 6, 7, 8 and C of Dubuque Industrial Center West 2nd Addition, Lots 1, 1-4, 2 2-4, 3, B and C of Dubuque Industrial Center West 4th Addition, Lots 1-1, 1-2, 1- 3, 1-5, 2-3, A, C and D of Dubuque Industrial Center West 5th Addition, Lots 1 and A of Dubuque Industrial Center West 6th Addition, Lots 1, 1-2 and 2-2 of Dubuque Industrial Center West 7th Addition, Lots 1, 2 and B of Dubuque Industrial Center West 8th Addition, Lot 2 of Dubuque Industrial Center West 9th Addition, Lot 1 of Dubuque Industrial Center West Exc 7425 Condominiums, Lots 1-5, 3, 6 and H of Dubuque Industrial Center West Final Plat, Lots 1, 1-C and 2 of Dubuque Industrial Center North 1st Addition, Balance of Lot 2-C of Dubuque Industrial Center North 1st Addition, Balance of Lot 3 Dubuque Indus- trial Center North 1st Addition excluding Lot A, Part of Lot 3 Dubuque Industrial Center North 1st Addition excluding Lot A, Part of Lot 2 -C of Dubuque Industrial Center North 1st 18 Addition, Unit 1 and Unit 2 of 7425 Condominiums located on Lot 1 Dubuque Industrial Center West, Lot 1 Dubuque Industrial Center North 2nd Addition Located in DUB T6, Part of Lot A Dubuque Industrial Center North 1st Addition in Tax District DUB A, Part of Lot A Dubuque Industrial Center North 1st Addition in Tax District DUB T6, Part of Lot 1 Unison Addition, Lots 1 and 2A Dubuque Industrial Center North 3rd Addition, Lot 2 -1 SW SW & 2-1 SE SW both in Section 30 T89N R2E, Lot 2 SE SW Section 30 T89N R2E, Lot 1 -1 NW ¼ NW ¼ Section 29 T89N R2E, SE ¼ NW ¼ Section 29 T89N R2E, SW ¼ NW ¼ Section 29 T89N R2E, Lot 2 SW SE and Lot 2 SE SE Section 30 T89N R2E, and to the centerline of the adjoining public right of-way, all in the City of Dubuque, Iowa Section 2. Attached hereto and made a part of this zoning reclassification approval is an amended Conceptual Development Plan for the Dubuque Industrial Center West Planned Unit Development. 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 patterns, grades, and usable building sites. The general plan layout, including the requirements shall be used as the implementation guide. Section 3. Pursuant to Iowa Code Section 414.5 (2015), as amended, and as an express condition of the reclassification, the undersigned property owner(s) agree(s) to the following conditions, all of which the property owner(s) further agree(s) are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification: A. Definitions 1. Building Related Features - Building related features are defined as all constructed items which rise above the grade surface of the lot. These include: a. The primary building b. All accessory or secondary buildings c. All exterior storage areas d. Exterior refuse collection areas e. Exterior mechanical equipment f. Containerized or tank storage of liquids, fuels, gases, and other materials. 2. Vehicle Related Features - Vehicle related features are defined as all areas used for the movement and parking of all vehicles within the lot. These include: a. Employee and visitor parking spaces. b. Driveways from the street right-of-way line to and from parking spaces. c. Loading spaces outside of the building. d. Maneuvering spaces outside of the building. e. Parking spaces for company-owned commercial vehicles. f. Fire lanes. g. Railroad tracks. 3. Open Space Features - Open space features are defined as those exterior areas and developed features of the lot which include: a. Landscaped space containing lawn areas and plantings. b. Paved, hard-surfaced, pedestrian areas such as walkways, plazas, entryways, and courtyards. c. Surface storm water detention areas not otherwise used for building -related or ve- hicle-related purposes. d. Open recreation areas and recreational trail. e. Other non-building and non-vehicular related space. B. Use Regulations - The following regulations shall apply to all uses made of land in the above-described PUD District: Zone A: General Purpose and Description. Zone A is intended to provide for a limited am ount of commercial development that will serve industrial park employees with daily commercial and 19 service needs. The development of Zone A shall resemble a small shopping center with shared access, parking, and signage to promote a unified commercial appe arance. Exterior storage is prohibited. 1. Principal permitted uses shall be limited to: a. Public or quasi-public utilities including substations b. Business services c. Gas station/convenience/car wash d. Laundry/dry cleaner e. Indoor restaurant f. Drive-in/carry-out restaurant g. Drive-up automated bank teller h. Banks, savings and loans, and credit unions i. Group day care center 2. Conditional uses reserved for future use. 3. Accessory uses shall be limited to the following: a. Any use customarily incidental and subordinate to the principal use it serves. 4. Temporary uses shall be limited to the following: Any use listed as a permitted use within the PUD District of a limited duration as estab- lished in Section 3-19 Temporary Uses of the Unified Development Code. Zone B: General Purpose and Description. Zone B is intended to provide for a variety of uses primarily involving light manufacturing, assembly and fabrication, warehousing, wholesaling, of- fice uses and business services. Exterior storage is prohibited. 1. Principal permitted uses shall be limited to: a. Railroads and public or quasi-public utilities b. General offices c. Medical/dental lab d. Mail-order houses e. Printing and publishing f. Laboratories for research and engineering g. Wholesale sales/distributor h. Vending/game machine sales/service i. Cold storage/locker plants j. Packing and processing of meat, dairy or food products, not to include stockyards or slaughter houses k. Tool, die, and patter making l. Manufacture, assembly, repair or storage of electrical and electronic products, com- ponents, or equipment m. Warehousing and storage facilities, not to include mini-warehouses n. Manufacturing, processing, fabrication, assembling, packaging or other comparable treatment of goods or materials, entirely within enclosed buildings o. Childcare centers p. Early learning centers q. Data centers r. Emergency call centers 2. Accessory uses shall be limited to the following: a. Retail outlets within a primary office/industrial building, selling products produced on-site and only as accessory to the principal use. b. Any use customarily incidental and subordinate to the principal use it serves. 3. Temporary uses shall be limited to the following: Any use listed as a permitted use within the PUD District of a limited duration as 20 established in Section 3-19 Temporary Uses of the Unified Development Code. Zone C: General Purpose and Description. Zone C is intended to provide for a variety of uses primarily involving light manufacturing, assembly and fabrication, warehousing, wholesaling, and office uses. Exterior storage is allowed with some restrictions and must be screened from view from both the public right-of-way and surrounding privately owned property. 1. Principal permitted uses shall be limited to: a. Railroads and public or quasi-public utilities b. Corporate offices c. Medical/dental lab d. Mail-order houses e. Printing and publishing f. Laboratories for research and engineering g. Moving/storage facilities h. Wholesale sales/distributor i. Freight transfer facilities j. Vending/game machine sales/service k. Cold storage/locker plants l. Packing and processing of meat, dairy or food products, not to include stockyards or slaughter houses m. Tool, die, and pattern making n. Manufacture, assembly, repair or storage of electrical and electronic products, com- ponents, or equipment o. Warehousing and storage facilities, not to include mini-warehouses p. Manufacturing, processing, fabrication, assembling, packaging or other comparable treatment of goods or materials, entirely within enclosed buildings 2. Conditional uses shall be limited to the following: a. Day care center, within a primary office/industrial building or as an accessory struc- ture on the same lot. Day care centers are subject to state and local regulations. 1) Indoor floor area (excluding halls and bathrooms) must be provided per child in areas occupied by cribs as per State Code. 2) Indoor floor area (excluding halls and bathrooms) must be provided per child in areas not occupied by cribs times the licensed capacity as per State Code; 3) Fenced outdoor recreation space, must be provided per child using the space at a given time as per State Code. 4) Such facility shall provide for the loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards. 5) All licenses have been issued or have been applied for awaiting the outcome of the Board's decision. 6) No group day care center may be located within the same structure as any gas station, bar/tavern, automated gas station or any facility selling, servicing, repair- ing, or renting vehicles. 7) The parking group requirements can be met. 8) The conditional use applicant certifies that th e premises on which the group day care center will be located complies with, and will for so long as the group day care center is so located, continue to comply with all local, state and federal reg- ulations governing hazardous substances, hazardous wastes, and hazardous materials, including, but not limited to Iowa Code chapter 455B (1991); 42 U.S.C. Section 9601 of the Federal Comprehensive Environmental Response Compen- sation and Liability Act; 40 C.F.R. Section 3-2.4; and Section 302 of the Super- fund Amendments and Reauthorization Act of 1986. 21 9) If the applicant is subject to the requirements of Section 302 of the Superfund Amendments and Reauthorization Act of 1986, the Emergency Management Di- rector shall certify whether or not the applicant has submitted a current inventory of extremely hazardous substances kept or stored on the premises. If any such extremely hazardous substances are kept or stored on the premises, the appli- cant shall also post in a conspicuous place on the premises a notice indicating a description of the extremely hazardous substances, and the physical and health hazards presented by such substances. 3. Accessory uses shall be limited to the following: a. Retail outlets within a primary office/industrial building, selling products produced on-site and only as accessory to the principal use. b. Any use customarily incidental and subordinate to the principal use it serves. 4. Temporary uses 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 3 -19 Temporary Uses of the Unified Development Code. Zone D: General Purpose and Description. Zone D is intended to provide appropriate locations for heavy industrial uses. Exterior storage is allowed , provided it is screened from view from public right-of-way. 1. Principal permitted uses shall be limited to: a. Railroads and public or quasi-public utilities b. Corporate offices c. Mail order houses d. Printing and publishing e. Laboratories for research and engineering f. Moving/storage facilities g. Wholesale sales/distributor h. Freight transfer facilities i. Fuel and ice dealers j. Cold storage/locker plants k. Packing and processing of meat, dairy or food products, not to include stockyards or slaughter houses l. Compounding, processing, and packaging of chemical products m. Manufacture, assembly, repair or storage of electrical and electronic products, com- ponents, or equipment). n. Warehousing and storage facilities, not to include mini-warehouses o. Manufacturing, processing, fabrication, assembling, packaging or other comparable treatment of goods or materials 2. Conditional uses shall be limited to the following: a. Day care center, within a primary office/industrial building or as an accessory struc- ture on the same lot. Day care centers are subject to state and local regulations. 1) Indoor floor area (excluding halls and bathrooms) must be provided per child in areas occupied by cribs as per State Code. 2) Indoor floor area (excluding halls and bathrooms) must be provided per child in areas not occupied by cribs times the licensed capacity as per State Code . 3) Fenced outdoor recreation space must be provided per child using the space at a given time as per State Code. 4) Such facility shall provide for the loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards. 5) All licenses have been issued or have been applied for awaiting the outcome of the Board's decision. 22 6) No group day care center may be located within the same structure as any gas station, bar/tavern, automated gas station or any facility selling, servicing, repair- ing, or renting vehicles. 7) The parking group requirements can be met. 8) The conditional use applicant certifies that the premises on which the group day care center will be located complies with, and will for so long as the group day care center is so located, continue to comply with all local, state, and federal regulations governing hazardous substances, hazardous wastes, and hazardous materials, including, but not limited to Iowa Code chapter 455B (1 991); 42 U.S.C. Section 9601 of the Federal Comprehensive Environmental Response Compen- sation and Liability Act; 40 C.F.R. Section 3-2.4; and Section 302 of the Super- fund Amendments and Reauthorization Act of 1986. 9) If the applicant is subject to the requirements of Section 302 of the Superfund Amendments and Reauthorization Act of 1986, the Emergency Management Di- rector shall certify whether or not the applicant has submitted a current inventory of extremely hazardous substances kept or stored on the premises. If any such extremely hazardous substances are kept or stored on the premises, the appli- cant shall also post in a conspicuous place on the premise s a notice indicating a description of the extremely hazardous substances, and the physical and health hazards presented by such substances. 3. Accessory uses shall be limited to the following: a. Retail outlets within a primary office/industrial building, selling products produced on-site and only as accessory to the principal use. b. Any use customarily incidental and subordinate to the principal use it serves. 4. Temporary uses 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 3 -19 Temporary Uses of the Unified Development Code. Zone E: General Purpose and Description. Zone is intended to provide a location for businesses that require exterior handling or storage of materials or equipment. Exterior handling or storage is allowed, except along Seippel Road, where it is prohibited. 1. Principal permitted uses shall be limited to: a. Public or quasi-public utilities b. Corporate offices c. Mail-order houses. d. Printing and publishing e. Laboratories for research and engineering f. Moving/storage facilities g. Wholesale sales/distributor h. Freight transfer facilities. i. Fuel and ice dealers j. Cold storage/locker plants k. Packing and processing of meat, dairy or food products, not to include stockyards or slaughter houses l. Compounding, processing, and packaging of chemical products m. Manufacture, assembly, repair or storage of electrical and electronic products, com- ponents, or equipment n. Warehousing and storage facilities, not to include mini-warehouses o. Manufacturing, processing, fabrication, assembling, packaging or other comparable treatment of goods or materials entirely within enclosed buildings p. Contractor’s shop/yard 23 q. Recycling industries entirely within enclosed buildings with no outdoor storage r. Timber processing 2. Conditional uses reserved for future use. 3. Accessory uses shall be limited to the following: a. Retail outlets within a primary office/industrial building, selling products produc ed on-site and only as accessory to the principal use. b. Any use customarily incidental and subordinate to the principal use it serves. 4. Temporary uses 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 3 -19 Temporary Uses of the Unified Development Code. Zone O: General Purpose and Description. Zone O is intended to serve as an amenity to the industrial park, providing open space and control of storm water to prot ect downstream proper- ties. 1. Principal permitted uses shall be limited to: a. Railroads and public or quasi-public utilities b. Parks, nature areas, playgrounds, and similar recreational uses c. Picnic areas d. Recreational trails e. Club houses, shelter houses, tennis courts, or playground equipment, or other rec- reational buildings and structures when associated with parks, nature areas, play- grounds, recreational facilities f. Construction of dams, reservoirs, or detention ponds 2. Conditional uses reserved for future use. 3. Accessory uses shall be limited to the following: a. Any use customarily incidental or subordinate to the principle use it serves. 4. Temporary uses reserved for future use. C. Lot and Bulk Regulations. Development of land in Zones A, B, C, D, E and O shall be regulated as follows: 1. All building structures and activities shall be located in conformance with the attached conceptual development plan and all final site development plans shall be approved in accordance with provisions of the PUD District regulations of this ordinance and of Sec- tion 5-24 PUD Planned Unit Development of the Unified Development Code. 2. All buildings related features in Zones A, B, C, D, E and O shall be in accordance with the following bulk regulations chart: Zone Minimum Lot area In Acres Lot Front- age Mini- mum Front Yard Setback Min. Ft. Side Yard Setback Min. Ft. Rear Yard Setback Min. Ft. Building Height Max. Ft. A 1/2 acre 100 20 10* 20 30 B 2 acres 100 50 10 25 50 C 2 acres 100 50 25 25 75 D 2 acres 100 50 25 50 100 E 2 acres 100 50 10 25 50 O N/A N/A N/A N/A N/A N/A *0-foot side yard setbacks from property lines shall be permitted for attached buildings. a. Lots smaller than minimum will be allowed if the parcel is consolidated or combined with a larger lot. Substations for public and quasi -public utilities shall be exempt from lot frontage and lot area requirements. b. Maximum lot coverage shall be 80 percent. All building and vehicle related features shall be considered when calculating total land area coverage, except fire lanes and railroad tracks. 24 c. Maximum building height shall be as stipulated in the bulk regulations chart above, except the following may exceed the height limit: cooling towers, condensers, ele- vator bulkheads, stacks and other necessary mechanical equipment and their pro- tective housing. Heating, ventilating and air conditioning (HVAC) equipment is lim- ited to 10 feet above height limitation, except in Zone A where 30 feet maximum height includes HVAC equipment. d. Within required front, side, and rear setbacks, only driveways, fire lanes, railroad tracks, open space features, and primary and secondary signage are allowed. Park- ing lots may encroach up to 50% into a required front yard setback. D. Parking and Loading Regulations 1. All vehicle-related features, except for railroad tracks, shall be surfaced with either asphalt or concrete. 2. All parking and loading spaces shall be delineated on the surfacing material by painted strips or other permanent means. 3. The number, size and design of parking spaces shall be governed by applicable pro- visions of City of Dubuque Unified Development Code. 4. The number, size and 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. 5. The location and number of private driveway intersections with public streets shall be reviewed and approved by the City Engineer. Access shall generally be limit ed to internal streets. 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. 7 All loading docks for shipping and receiving of raw and manufactured goods shall be designed to provide for the direct movement of goods between the delivery vehicle and the interior of the building. E. Sign Regulations 1. Applicability of Cit of Dubuque Ordinances: The provisions of Section 15 Signs of the Unified Development Code shall apply unless further regulated by this section. 2. Off-Premise Signs: Off-premise signs shall be prohibited. 3. On-Premise Signs: On-premise signs shall be erected or constructed in accordance with the following regulations. a. Allowable content: signs, messages and graphics shall be limited to the following contents: 1) Industrial Center signs: limited to identification of Dubuque Industrial Center West a) Entrance signs b) Directory signs 2) Company primary signs: limited to identification of uses in Zones B, C, D and E a) Identification of company name b) Identification of company products or services by generic name only c) Graphic symbol or logo identified with the company 3) Commercial primary signs: limited to identification of uses in Zone A a) Identification of business name b) Identification of business products or services by generic names only c) Graphic symbol or logo identified with the business 4) Secondary signs: allowable in all zones a) Street address b) Directional messages necessary for the safe and efficient flow of vehicular and 25 pedestrian traffic on the lot c) Identification of visitor entrances to the building, shipping, and receiving docks and other delivery points d) Identification of assigned parking spaces and parking spaces accessible to persons with disabilities e) Temporary announcements of pending or new construction f) Commemorative messages b. Schedule of sign regulations: allowable structural type, size, number, and height shall be limited to the following requirements. Type of Sign Maximum Size Maximum Number Allowable Structure Type Maximum Height* Industrial Center Entrance Signs 200 sq. ft. per sign face Six (6) signs Monument 12 feet. Industrial Center Directory Signs 30 sq. ft. per sign face Three (3) signs Monument 8 feet. Company Pri- mary Signs 10% of building wall sign is mounted on or 400 total sq. ft. of sign area, whichever is less 2 signs per street frontage per business Wall mounted Below eave or parapet 150 sq. ft. per sign face 1 sign per business re- stricted to interior street frontages only Monument 10 feet. Commercial Pri- mary Signs 100 sq. ft. per sign face 2 signs per business pro- vided only 1 sign may be a monument - style sign Wall mounted Below eave or parapet Monument 10 feet. Secondary Signs 6 sq. ft. per sign face No maximum number Wall mounted Below eave or parapet Monument 6 feet. *The height of monument-style signs shall be measured average grade to top of sign structures. c. Variances: Variances from sign requirements for size, number and height may be requested. Such variances shall be reviewed by the Zoning Board of Adjustment in accordance with Section 86 Variance Procedure of the Unified Development Code. d. Lighting: Signs may be illuminated only by means of indirect lighting, whereby all light sources and devices are shielded from view by opaque or translucent materi- als, or internally illuminated by means of a light source compl etely enclosed by the sign panel. e. Motion: No signs may include any device or means, mechanical, electrical, or natu- ral, which shall cause any motion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. F. Exterior Storage Regulations - Exterior storage shall be in accordance with the following regulations: Zone Allowable Products Stored Allowable Lo- cation Allowable Screening Mate- rials Minimum Opacity Maximum Height of Screening A PROHIBITED B PROHIBITED 26 C Finished Goods Rear or side yards Synthetic materials, wood, masonry, brick or stone similar to building color 50% 10 feet D Raw or finished goods; equipment Rear or side yards Similar to building color 50% 12 feet Raw of finished goods; equipment Rear or side yards Similar to building color 100% 15 feet O PROHIBITED *Exterior storage is prohibited on lots fronting Seippel Road. 1. Exterior storage of materials, which could be blown into the air or strewn about by the wind, shall be prohibited. 2. Exterior storage, where allowed, shall not encroach into a front yard. A front yard may exceed the required front yard setback. 3. The ground area coverage of exterior storage areas shall be the area contained inside the required screening. This area shall be considered to be a building -related feature for purposes of calculating total land area coverages. 4. Exterior storage (where allowed) must be screened from view from adjacent public right-of-way. In Zone C, exterior storage must be screened from both the public right-of- way and surrounding privately owned property. 5. The screening height shall be measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top lin e shall be horizontal. 6. Required screening is intended to buffer surrounding property from the negative visual impact created by the storage of raw or finished goods, materials and equipment that can adversely impact the value of adjacent property. 7. The City Planner may grant a waiver for screening to exceed the maximum height allowed, when topography or height of individual finished products or equipment could make it impossible to completely screen a storage area from every vantage point. The City Planner may not grant waiver in maximum screening height for raw materials or stacked goods. 8. All exterior entrances to a screened storage area shall be provided with a gate or door of similar design to that of the screen. 9. Long-term storage of products or materials in semi-trailers or shipping containers is prohibited. G. Exterior Trash Collection Area Requirements 1. Exterior trash collection areas shall include collection bins, dumpsters, and similar waste receptacles for the short-term storage and collection of trash. Trash shall include garbage, scrap, recyclables, debris, and similar materials. 2. The storage of trash shall be limited to that produced by the principal permitted use and accessory uses of the lot. Exterior storage of trash, which could be blown into the air or strewn about by the wind, shall be prohibited. 3. The ground area coverage of exterior trash collection areas shall be the area contained inside the required screening. This area shall be considered a building -related feature for purposes of calculating total land area coverages. 4. Exterior trash collection areas shall be located in rear or side yards only. Exterior trash collection areas shall not encroach into a front yard. A front yard may exceed the required front yard setback. 5. All exterior trash collection areas and the materials contained therein shall be screened from view from the adjacent public right-of-way. 6. The screening shall be a completely opaque fence, wall or other feature not exceeding 27 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. 7. 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. 8. If a 10-foot-high screen fails to shield the exterior trash collection area from view from the adjacent public right-of-way, 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 the adjacent public right-of-way within five (5) years. H. Landscaping Regulations- The following Landscape Regulations shall apply to each lot: 1. Plant Materials: The open space area of each lot shall be planted with permanent lawn and ground covers, shrubs, and trees. It is the intent of these regulatio ns that the devel- opment of required open spaces shall reflect a high quality of environmental design. 2. Landscaping: The following is the minimum requirement of trees and shrubs, by num- ber and size, and the type of ground cover required. Street trees plan ted in public street right-of-way shall not be counted toward fulfillment of the minimum site requirements set forth below. Plant species to be used for landscaping shall be in accordance with the City of Dubuque street tree policy. Existing trees and shru bs to be retained on site may be counted toward fulfillment of the landscaping requirements. a. Minimum tree planting requirements for any new development in the Dubuque In- dustrial Center West shall be one (1) tree of the following size per 1,600 square feet of required open space: 1) 40% minimum: 2-2 1/2" caliper diameter deciduous and/or 8-foot height or greater evergreen. 2) Balance: 1 1/2 - 2" caliper diameter deciduous and/or 6-foot height evergreen. b. Minimum shrub requirements at the time of planting for any development in the PUD District, shall be 6 shrubs, or 1 shrub per 1 ,000 square feet of required open space, whichever is greater. Shrubs shall be a minimum of 18" height or minimum of one (1) gallon potted. 3. Landscape berms and/or plantings shall be required as screening for parking areas adjacent to public streets and shall be a minimum of three (3) feet in height and can utilize natural grade changes to achieve the required 50% opacity landscaping screen. Parking lot screening is in addition to required landscaping of open space areas. 4. Trees shall be provided in all parking lot islands, which are of sufficient size to ensure the growth and survival of the trees. Trees planted in parking lot islands may be counted toward the minimum tree planting requirements. 5. The developer of any lot fronting Seippel Road and/or Chavanelle Road shall partici- pate in the planting trees compatible in species and spacing with tree plantings, which have previously been completed by the City along said streets . 6. The installation of required planting materials may be phased in direct proportion to the phasing of building construction. Required landscaping shall be installed by the date the Building Services Department issues an occupancy certificate, or if win ter weather pre- vents planting, within six months of being issued an occupancy certificate. 7. To reduce erosion, all disturbed open space areas shall have ground cover of grass or native vegetation, which is installed as sod, or seeded, fertilized, and mulched. 8. The lot owner is required to replant any and all plant materials, which have died due to any cause during the effective period of this PUD Ordinance. 9. A detailed landscape plan shall be required as part of submittal for final site develop- ment plan approval. 10. The area between the public street and the right-of-way line shall be planted with 28 grass and maintained by the lot owner. 11. Industrial Center landscaping: Common areas and streetscapes of the PUD District shall be in accordance with the landscape plan, a copy of which is attached and made a part of this PUD ordinance. I. Performance Standards - The development and maintenance of uses in this PUD District shall be established in conformance with the following standards: 1. Site Lighting: exterior illumination of site features and location and design of site lighting shall be in accordance with the following requirements: a. Exterior Illumination of site features shall be limited to the illumination of the follow- ing: 1) Parking areas, driveways and loading facilities 2) Pedestrian walkway surfaces and entrances to building 3) Screened storage areas 4) Building exterior b. Location and design of site lighting shall be in accordance with the following require- ments: 1) All exterior lighting shall be designed, installed, and maintained so as not to cause glare or to shine in adjacent lots and streets. 2) No light source shall provide illumination onto adjacent lots, buildings, or streets in excess of 1 .0-foot candle. 3) All exterior lighting luminaries shall be designed and installed to shield light from the luminaire at angles above 72 degrees from vertical. 4) Fixtures mounted on a building shall not be positioned higher than the roofline of the building. 5) Wooden utility type poles are acceptable only for temporary use during construc- tion. 6) All electrical service lines to posts and fixtures shall be underground and con- cealed inside the posts. 2. Utility Locations: Service lines and mechanical equipment for utilities shall be located in accordance with the following requirements. a. Service Lines: All electrical, telephone cable and other similar utility lines serving the building and other site features shall be located underground. b. Mechanical Equipment: All ground-mounted electrical transformers, switching gear, relay boxes, meters, air conditioning units, heat pumps and other similar mechanical equipment shall be screened from view. Screening may consist of plantings or ma- sonry walls. Plantings shall achieve 50% opacity after three (3) growing seasons and a masonry wall shall appear to be an integral part of the building's overall ar- chitectural design. 3. Site Plans: Final site development plans shall be submitted in accordance with Section 12 Site Plans of the Unified Development Code prior to construction of each building and vehicle-related feature unless otherwise exempted by Section 12 Site Plans. 4. Storm Water Conveyance: The developer of each lot shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to flow line of open drainage ways outside the lot in a means that is satisfactory to the Public Works Department of the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply to properties in the PUD District. 5. 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 Chapter 11 Land Division of the City of Dubuque Unified Development Code. 29 6. Noises: Noises generated within the PUD District shall be regulated by Chapter 33, Article IV Noises, of the City of Dubuque Code of Ordinances. 7. Street Lighting: Streetlights shall be installed in accordance with City of Dubuque standards. 8. Flood Plain Regulations: The area of the PUD District that lies within the flood plain of Catfish Creek shall be subject to the regulations of Section 6-4 Flood Hazard Overlay Districts of the Unified Development Code. 9. Phased construction of Buildings and Parking Spaces: The construction of off -street parking spaces may be phased in proportion to the percentage of total building floor area constructed at any one time. Ground area set aside for future parking, loading spaces or driveways or for parking provided in excess of the minimum required number of parking spaces shall not reduce the minimum required area for open space. 10. Other Codes and Regulations: These regulations do not relieve an owner from other applicable City, County, State and Federal codes, regulations, laws, and other controls relative to the planning, construction, operation, and management of property in the PUD District. J. Open Space and Recreational Areas - Those areas not designated on the conceptual development plan as "open" shall be maintained as open space by the property owner and/or association. The recreational trail shall be maintained by the property owner and/or association. K. Ordinance History 1. ORD 32-18: Rescinding Ord. No. 83-04, No. 07-02, and No. 14-98 and rezoning an approximately 124-acres of property from Agricultural District and approximately 36-acres of property from PI Planned Industrial to the regulations of the Dubuque Industrial Center West Planned Unit Development with a PI Planned Industrial designation. 2. Ord. 83-04: Amending Ord. No. 14-98 and No. 07-02 by reclassifying hereinafter de- scribed property located east of Seippel Road and south of Middle Road from Agricultural District to PUD Planned Unit Development with a PI Planned Industrial designation and adopting a conceptual development plan. 3. Ord. 07-02: Reclassifying an approximately 25-acre property located east of Seippel Road and North of the county farm from Agricultural designation to PUD Planned Unit Development District with a PI Planned Industrial designation and adopting an amended conceptual development plan, with conditions, for the Dubuque Industrial Center West. 4. Ord. 14-98: Reclassifying property located east and west of Seippel Road and north of the county farm from Agricultural designation to PUD Planned Unit Development with a PI Planned Industrial designation. L. Transfer of Ownership - Transfer of ownership or lease of property in this PUD District 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. M. Modifications - Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Section 9 of the Unified Develop- ment Code. N. 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 ac- cepted as part of this reclassification approval within thirty (30) days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, suc- cessors and assigns. Section 4. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 5. The foregoing amendment shall take effect upon publication, as provided by law. 30 Passed, approved, and adopted this 20th day of February, 2023. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 24th day of February, 2023. /s/Adrienne N. Breitfelder, CMC, City Clerk 3. Resolution Approving the Disposition of an Interest in City-Owned Real Estate Pursuant to the Development Agreement by and between the City of Dubuque and Seippel Warehouse, LLC, Including the Issuance of Urban Renewal Tax Increment Revenue Grant Obligatio ns: Mo- tion by Jones to receive and file the documents and adopt Resolution No. 55 -23 Approving the disposal of an interest in City of Dubuque owned real estate by sale to Seippel Warehouse, LLC, pursuant to a Development Agreement by and between the City of Dubuque and Seippel Ware- house, LLC, including the issuance of Urban Tax Increment Revenue Obligations to Seippel Warehouse, LLC. Seconded by Farber. Randy Schmitt, 3085 Castle Woods Ln., Chief Financial Officer of Gronen; and Shawn Hilborn, 17509 Alan Jackson Dr., Chief Operating Officer of Gro- nen, summarized the project and displayed a layout of the proposed updates. Rick Dickinson, 205 Hill St., President and CEO of Greater Dubuque Development Corporation, spoke in support of the development agreement. City Council Members thanked Gronen and Simmons Pet Food for their work. Motion carried 7-0. RESOLUTION NO. 55-23 APPROVING THE DISPOSAL OF AN INTEREST IN CITY OF DUBUQUE OWNED REAL ES- TATE BY SALE TO SEIPPEL WAREHOUSE, LLC, PURSUANT TO A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE AND SEIPPEL WAREHOUSE, LLC, INCLUDING THE ISSUANCE OF URBAN TAX INCREMENT REVENUE OBLIGATIONS TO SEIPPEL WAREHOUSE, LLC Whereas, the City of Dubuque is the owner of the property legally described as follows: Lot 2 of Dubuque Industrial Center South First Addition, City of Dubuque, Iowa (the Prop- erty); and Whereas, the City Council, by Resolution No. 33-23, dated February 6, 2023, declared its intent to dispose of its interest in the Property by sale to Seippel Warehou se, LLC pursuant to a Development Agreement by and between the City of Dubuque and Seippel Warehouse, LLC, including the issuance of Urban Renewal Tax Increment Revenue Obligations to Seippel Ware- house, LLC.; and Whereas, pursuant to published notice, a public hearing was held on the proposed Develop- ment Agreement on February 20, 2023 at 6:30 p.m.; and Whereas, it is the determination of the City Council that sale of the Property and approval of the Development Agreement for redevelopment of the Property by Seippel Warehouse, LLC, according to the terms and conditions set out in the Development Agreement, is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the Development Agreement between the City of Dubuque and Seippel Ware- house, LLC., a copy of which is attached hereto, including the sale of the Property and the issuance of Urban Renewal Tax Increment Revenue Obligations, is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized 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 Development Agreement as herein approved. 31 Passed, approved, and adopted this 20th day of February, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Regarding Action Item No. 3, Clark Scholz, 2925 Burlington St.; James Stewart, 1425 Uni- versity Ave.; and Jamie Carr, 945 Clark Dr., spoke in opposition to the proposed ordinance. Ryan Sempf, 7819 Commerce Park, Unit 300; spoke on behalf of the Dubuque Area Chamber of Commerce regarding Action Item No. 3, stating that the chamber has yet to determine their position on the item but advised City Council Members refer to the survey results of chamber members regarding the topic. City Clerk Breitfelder stated that written input was received re- garding Action Item No. 3 from the following residents: Ed Dissell, 2208 Suzanne Dr.; Molly Grover, President and CEO of the Dubuque Area Chamber of Commerce; Lance Kirby, 440 Burch St.; Art and Karen Rokusek, 14248 Augusta Ct.; and James Ploessl, 825 Harlan St. ACTION ITEMS 1. Resolution Approving First Amendment to Amended and Restated Development Agree- ment Between the City of Dubuque and Simmons Pet Food, Inc.: Motion by Jones to receive and file the documents and adopt Resolution No. 56-23 Approving the First Amendment to the Amended and Restated Development Agreement by and between the City of Dubuque and Simmons Pet Food, Inc. Seconded by Sprank. City Attorney Brumwell stated that there must be a motion to amend Section 6.1 of the Development Agreement due to a late change to the agreement to add language related to the additional jobs that will be created. The change in language indicates an additional 10 full-time equivalents for a total of 281 full-time equivalents may be divided between management and hourly production categories as dictated by Sim- mons’s business needs from time to time. A motion to amend with the change needs to be done to include that language, and then City Council may approve the amended development agree- ment by returning to the original motion of approving the development agreement, as amended . Motion by Farber to amend the first amendment to the amended and restated development agreement by and between the City of Dubuque and Simmons Pet Food, I nc. to incorporate the updated language stated by Brumwell regarding Section 6.1 of the development agreement . Seconded by Roussell. Motion carried 7-0. Returning to the original motion to receive and file and adopt the resolution, as amended, motion carried 7-0. RESOLUTION NO. 56-23 APPROVING THE FIRST AMENDMENT TO THE AMENDED AND RESTATED DEVELOP- MENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE AND SIMMONS PET FOOD, INC. Whereas, Simmons Pet Food, Inc. entered into an Amended and Restated Development Agreement dated December 9, 2020, with the City of Dubuque, Iowa, providing certain rights and obligations with respect to the property legally described as Lot 5 of Dubuque Industrial Center South First Addition in the City of Dubuque, Iowa (Par- cel A) and that part of Lot C of Dubuque Industrial Center South First Addition in the City of Dubuque, Iowa shown on Exhibit B (Parcel B) with all easements, tenements, heredita- ments, and appurtenances belonging thereto so that Developer may further develop Lot 4, Lot 5, and that part of Lot C (hereinafter sometimes referred to as “the Property”), located in the Project Area, for the construction, use, and occupancy of the Facility in accorda nce 32 with the uses specified in the Urban Renewal Plan and Developer agrees to comply with any amendments to the Urban Renewal Plan, in accordance with this Agreement (the Property); and Whereas, the City of Dubuque and Simmons Pet Food, Inc. now desire to amend the Amended and Restated Development Agreement as set forth in the attached First Amendment to Amended and Restated Development Agreement; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to approve the First Amendment to Amended and Restated Development Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the First Amendment to Amended and Restated Development Agreement by and between the City of Dubuque and Simmons Pet Food, Inc., a copy of which is attached hereto is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the First Amendment to Amended and Restated Development Agreement on behalf of the City of Dubuque an d the City Clerk is authorized 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 Development Agreement as herein approved. Passed, approved, and adopted this 20th day of February, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Naming Recognition Request – Multicultural Family Center: Motion by Resnick to receive and file the documents and approve the naming recognition and naming signage request made by the Multicultural Family Center (non-profit) regarding the Multicultural Family Center. Se- conded by Sprank. John Stewart, 2375 Coventry Park Unit A202, Multicultural Family Center Board Member, provided an overview of the proposal. City Council Members commended the request. Motion carried 7-0. 3. First Reading Proposed Ordinance Automated Speed Enforcement : Motion by Jones to move first reading of the following ordinance: Amending Title 9 Motor Vehicles and Traffic, Chap- ter 7 Operation, Division 5 Speed Restrictions by enacting a new Section 9 -7-321.286 Auto- mated Speed Enforcement regarding automated speed enforcement and the process for chal- lenging an automated speed citation. Seconded by Sprank. Point of Order by Brumwell to add receive and file to the motion. So moved by Jones and seconded by Sprank. Responding to a question from the City Council, Police Chief Jeremy Jensen stated that the Engineering Depart- ment does not have any concrete data on speeding and the suggestions for speed camera placement were based on the high number of crashes at specific locations and the number of resident complaints regarding speeding at specific locations. City Engineer Gus Psihoyos stated that the department has devices that capture all vehicle speeds and advised they be installed in May to avoid potential damage from winter weather. Mr. Psihoyos stated the departm ent cur- rently owns 10 devices and may order more, making the total count up to 15. Responding to questions, City Manager Van Milligen stated that there will be signs notify ing drivers of speed camera locations and that city staff intend to provide City Council will a quarterly report on speed camera data. After City Council Members deliberated automated speed enforcement at length, a suggestion was made to postpone the ordinance until baseline data is available on the number of vehicles speeding in the city. Responding to a question on the process to delay the ordinance, City Attorney Brumwell stated that postponement could be done definitely to a particular date, or indefinitely. If postponed definitely, then the item would automatically appear on the agend a on the date specified. City Manager Van Milligen suggested June 5, 2023, as the definite 33 postponement date. City Council Members also discussed amending the first offense civil fine within the ordi- nance. Motion by Farber to amend Section D, Item 2, of the proposed ordinance to have the first offense civil fine be $0 for all first offenses, regardless of speeding range, thus deeming the first offense a courtesy ticket without a fine. Seconded by Roussell. Responding to questions, City Attorney Brumwell stated that all the fines listed in the first offense column of the Item 2 table will be shifted to the second and subsequent offenses column, and that the ordinance does not contain a timeframe for issuing a second offense civil fine. Motion carried 6-1 with Resnick voting nay. Motion by Jones to postpone discussion on the ordinance until a meeting in June of 2023 when staff is ready to present data to the City Council . Seconded by Farber. Point of Order by Brumwell that the motion should include to postpone the ordinance as amended. So moved by Jones and seconded by Farber. Regarding a specific date in June to postpone until, Jones stated that the June 5, 2023 meeting could be the date, or it could be the June 20, 2023 meeting, depending on when staff will have the data ready. City Attorney Brumwell confirmed that the first reading of the ordinance will remain the action that appears on the agenda if the item is post- poned. Responding to a question regarding funeral processions being excused from offenses, City Attorney Brumwell stated that is consistent across ordinances and best practices throughout the state and was included in the ordinance for consistency. Motion carried 7-0. 4. Automated Speed Enforcement Policy: Responding to a question from the City Council, City Attorney Brumwell advised that based on the City Council's postponement of Action Item No. 3 until June of 2023, that the motion for this item be to receive and file and place on the June 5, 2023, agenda for further review. Motion by Roussell to receive and file the documents and place the draft Automated Speed Enforcement Policy on the June 5, 2023, agenda for fur- ther review. Seconded by Sprank. Motion carried 7-0. 5. Secondary Responder Model: Motion by Jones to receive and file the documents, approve the recommendations on utilizing the Internal Working Group as the backbone to a secondary responder model, allow for the exploration of co-locating services in the Federal Building, identify community partners to support the efforts of secondary responders, and continue to pursue funding for co-responder position(s), and listen to the presentation. Seconded by Roussell. Po- lice Chief Jeremy Jensen made a presentation. City Council Members commended the recom- mendations and stated that this is a community issue that will take the community’s support to address. Motion carried 7-0. 6. Fiscal Year 2024 Recommended Budget: Motion by Resnick to receive and file the docu- ments and listen to the presentation. Seconded by Roussell. City Manager Van Milligen made a presentation on the Fiscal Year 2024 recommended budget. Motion carried 7-0. 7. Fiscal Year 2024 Budget Hearing Schedule: Motion by Jones to receive and file the docu- ments. Seconded by Roussell. Motion carried 7 -0. 8. Sanitary Sewer Asset Management Plan Consulting Engineering Services : Motion by Roussell to receive and file the documents, approve releasing a request for qualifications (RFQ) to hire a consultant to assist with the development of the City’s Sanitary Sewer Asset Manage- ment Plan, and listen to the presentation. Seconded by Farber. Civil Engineer Max O’Brien made a presentation. Responding to questions from the City Council, Mr. O’Brien stated that the goal of the plan is to develop quantifiable and data drive n processes to aid in capital improvement planning and that social and economic impact is considered part of the critical assets. City 34 Council Members stated that the plan will provide good information to share with the public. Motion carried 7-0. 9. Reschedule Sustainable Dubuque Quarterly Work Session : Motion by Roussell to receive and file the documents and reschedule the July 17th Sustainable Dubuque work session to Monday, August 7, 2023, at 5:30 p.m. Seconded by Jones. No schedule conflicts were ex- pressed. Motion carried 7-0. CLOSED SESSION Motion by Jones to convene in closed session at 10:22 p.m. to discuss Purchase or Sale of Real Estate – Chapter 21.5(1)(j) Code of Iowa. Seconded by Roussell. Mayor Cavanagh stated for the record that the attorney who will consult with City Council on the issues to be discussed in the closed session is City Attorney Brumwell. Motion carried 7 -0. The City Council reconvened in open session at 10:37 p.m. stating that staff had been given proper direction. There being no further business, Mayor Cavanagh declared the meeting adjourned at 10:37 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk