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2 18 13 City Council Proceedings Official_Special and Regular CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:00 p.m. on February 18, 2013 th in the Historic Federal Building, 350 W. 6 Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on the Safe Community Advisory Commit- tee. WORK SESSION Safe Community Advisory Committee Doug Stillings, Chairperson of the Safe Community Advisory Committee, City Engi- neer Gus Psihoyos, Housing and Community Development Director Alvin Nash, Plan- ning Services Manager Laura Carstens, Neighborhood Development Specialist Jerelyn O’Connor, Human Rights Director Kelly Larson, and Police Chief Mark Dalsing reported on the implementation status of the Safe Community Task Force recommendations. Topics included: 1. History 2. Task Force Goals 3. SCTF & NIU Research 4. Working with Landlords a. Background checks 5. Traffic & Vehicle Noise Enforcement 6. Community Policing & Interns 7. Surveillance Cameras a. 911 kiosks b. LED Street Lighting 8. Promote Homeownership Citywide through lending programs 9. Attract Niche Businesses 10 Safe Routes to Schools 11. Recommendations City Council had discussion following the presentation. There being no further business, upon motion the city council adjourned at 6:03 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 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 18, 2013 th in the Historic Federal Building, 350 W. 6 Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE May the spirit of wisdom keep our hearts and minds open as we endeavor to serve the common good. PROCLAMATION(S) Complaint-Free Day (February 22, 2013) was accepted by Kelly Simon, 22482, Sun- rise Lane, Cascade. Problem Gambling Awareness Week (March 3-9, 2013) was accepted by Courtney Runde of the Substance Abuse Services Center, 799 Main St. PRESENTATION(S) 2012 River City of the Year Award: Planning Services Manager Laura Carstens pre- sented the 2012 River City of the Year award from the Iowa Rivers Revival to Mayor Buol and the City Council. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Council Member Connors requested that (#6) Collective Bargain- ing Agreement - Teamsters Local No. 120 (Bus Operators) and (#8) Westbrook Subdi- vision No. 2 - Acceptance of Public Improvements be held for separate discussion. Se- conded by Braig. Motion carried 7-0 Minutes and Reports Submitted:Cable TV Commission of 1/2, Catfish Creek Water- shed Management Authority of 1/23, City Conference Board of 6/21/12 and 1/9/13, City Council proceedings of 2/4 and 2/5, Civic Center Advisory Commission of 10/28/12, Li- brary Board of Trustees of 10/25/12, and 11/15/12, Zoning Advisory Commission of 1/26, Zoning Board of Adjustment of 1/24, Proof of Publication for City Council Proceed- ings of 1/22. Upon motion the documents were received and filed. Notice of Claims and Suits:Rosalie Morgan for vehicle damage, Michael Schiesl for vehicle damage, Jennifer Swanson for vehicle damage, and Valerie Willis for vehicle damage. Upon motion the documents were received, filed and referred to City Attorney. Disposition of Claims:City Attorney advising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Rosalie Morgan for vehicle damage, Michael Schiesl for vehicle damage, Jennifer Swanson for vehicle damage, and Valerie Willis for vehicle damage. Upon mo- tion the documents were received, filed and concurred. Final Plat - Boleyn Fourth Subdivision:Zoning Advisory Commission recommending approval of the Final Plat of Boleyn Fourth Subdivision (17349 Peru Road) as requested by Justin and Paula Licht. Upon motion the documents were received, filed and Resolu- tion No. 42-13Approving the Final Plat Boleyn Fourth Subdivision, Dubuque County, Iowa, was adopted. RESOLUTION NO. 42-13 APPROVING THE FINAL PLAT BOLEYN FOURTH SUBDIVISION, DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk the Final Plat Boleyn Fourth Subdi- vision, Dubuque County, Iowa; and Whereas, said Final Plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Final Plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Final Plat Boleyn Fourth Subdivision, Dubuque, County, Iowa is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat. th Passed, approved and adopted this 18 day of February 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Urban Revitalization Program - 2012 Applications:City Manager recommending ap- proval of 19 applications for residential property tax exemption and that the applications be forwarded to the City Assessor for final review and determination of the amount of property tax exemption. Upon motion the documents were received, filed and Resolu- tion No. 43-13Approving Property Tax abatement applications submitted by property owners in recognized Urban Revitalization areas and authorizing the transmittal of the approved applications to the City Tax Assessor was adopted. 3 RESOLUTION NO. 43-13 APPROVING PROPERTY TAX ABATEMENT APPLICATIONS SUBMITTED BY PROPERTY OWNERS IN RECOGNIZED URBAN REVITALIZATION AREAS AND AUTHORIZING THE TRANSMITTAL OF THE APPROVED APPLICATIONS TO THE CITY TAX ASSESSOR Whereas, Chapter 404 of the Code of Iowa, the Urban Revitalization Act, permits cit- ies to abate property taxes for improvements made to properties in designated revitali- zation areas; and Whereas, the Urban Revitalization Act requires property owners to submit a written application for abatement by February 1 of the assessment year for which the abate- ment is first claimed, and further requires the City Council to approve all applications that meet the requirements of the adopted Urban Revitalization Plan and forward the approved applications to the City Assessor for review by March 1 of each year; and Whereas, pursuant to the requirements of said Urban Revitalization Act, the following th Urban Revitalization Areas were established: Washington Neighborhood, West 11 Street, Upper Main, Cathedral, and Jackson Park; and Whereas, the City of Dubuque, as of February 1, 2013, received tax abatement ap- plications from the following property owners in the aforementioned urban revitalization districts; Washington Neighborhood Urban Revitalization Area 1608 Washington Street – Tyler Schumacher 1649 Washington Street – Eugene Pfeiffer 1765 Washington Street – Gary F. Bishop 1767 Washington Street – AlysonTasker 1775 Washington Street – Collin S. Herrig 1795 Washington Street – Megan Starr 2108 Washington Street - Betty Jane Griffin 2116 Washington Street – Dennis & Rose Kohl 1815 Elm Street – William Welter 1257 & 1257 ½ Jackson Street – Kevin & Sue Leute 2164 Jackson Street – Kim Rennison th West 11 Street Urban Revitalization Area 1323 Bluff Street – David Luchsinger & Susan Kearns 1325 Bluff Street – David Luchsinger & Susan Kearns 1222-1240 Locust Street – Tj IV LLC Upper Main Urban Revitalization Area 1395-1395 ½ Iowa Street – Todd Kluck 140 Loras Boulevard – Jacqueline B. Van Meter Cathedral Urban Revitalization Area 350 West 1st Street- John W. McAndrews Jackson Park Urban Revitalization Area 1735 /1737/1745 Madison Street – Ron Hanten 4 Whereas, the City of Dubuque, as of February 1, 2013, received a late tax abatement application from the following property owner for improvements completed in 2009, re- sulting in eligibility for a seven year tax exemption in the aforementioned urban revitali- zation districts, therefore; th West 11 Street Urban Revitalization Area 567 Arlington- Julie & David Lott (seven year eligibility) Whereas, the Housing and Community Development Department and Building Ser- vices Department have reviewed the above-described applications and inspected the properties, and have determined that the applications and the improvements conform to all requirements of the City of Dubuque’s Urban Revitalization Plans. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above-described tax abatement applications meet the require- ments of the City of Dubuque’s Urban Revitalization Plans. Section 2. That the above-described tax abatement applications are hereby approved by the 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- described tax abatement applications to the City Assessor. th Passed, approved and adopted this 18 day of February 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Collective Bargaining Agreement - Teamsters Local No. 120 (Bus Operators): City Manager recommending approval of an amendment to the Collective Bargaining Agreement with Teamsters Local No. 120 (Bus Operators) to track the hours of work for part-time Bus Operators based on a calendar year instead of the current tracking meth- od based on fiscal year. Motion by Connors to receive and file the documents and ap- prove. Seconded by Braig. Transit Operations Manager Barbara Morck provided infor- mation on the process of calculating employee hours over the transition period. Motion carried 7-0 Acceptance of Warranty Deed - 2264 Washington Street:City Manager recommend- ing acceptance of a warranty deed from Jayson D. Eichman for the easterly 27 feet of the Eichman property purchased for the construction of a permeable alley between 2264 Washington Street and the Bee Branch Creek Restoration Project. Upon motion the documents were received, filed and Resolution No. 44-13Accepting a conveyance of property was adopted. RESOLUTION NO. 44-13 ACCEPTING A CONVEYANCE OF PROPERTY Whereas, the City of Dubuque entered into an Acquisition Agreement with Jayson D. Eichman dated April 25, 2012 pursuant to which Jayson D. Eichman agreed to convey a part of Lot 2 of Lot 103 in L.H. Langworthy’s Addition, in the City of Dubuque, Dubuque County, Iowa, as shown on the Plat of Survey of Lots 1 and 2 of Bee Branch Subdivi- 5 sion No. 8 in the City of Dubuque, Dubuque County, Iowa, recorded as instrument num- ber 2012 – 8871 in the office of the Dubuque County Recorder; and Whereas, Jayson D. Eichman has executed a conveyance of said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, ac- cepts, and consents to the Warranty Deed from Jayson D. Eichman, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. th Passed, approved and adopted this 18 day of February, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Westbrook Subdivision No. 2 - Acceptance of Public Improvements:City Manager recommending acceptance of the public improvements that the developer, Callahan Construction, Inc., has recently completed in Westbrook Subdivision No. 2, with excep- tions. Motion by Connors to receive and file the documents and adopt Resolution No. 45-13Accepting public improvements in Westbrook Subdivision No. 2. Seconded by Braig. City Engineer Gus Psihoyos provided information on the process of inspecting subdivisions. Motion carried 7-0. RESOLUTION NO. 45-13 ACCEPTING PUBLIC IMPROVEMENTS IN WESTBROOK SUBDIVISION NO.2 Whereas, pursuant to Resolution 123-11, certain public improvements including street paving, storm sewer, storm water detention facilities, sanitary sewer, watermain, and street lighting were installed by the developer of Westbrook Subdivision No. 2; and Whereas, the improvements, except for storm water detention facilities, have been completed and the City Manager has examined the work and has filed a certificate stat- ing that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements in Westbrook Subdivision No. 2, except the storm water detention facilities, be and the same is hereby accepted. Section 2. That maintenance of said improvements shall be the responsibility of the owner, Callahan Construction for a period of two (2) years from the date of this resolu- tion. th Passed, adopted and approved this 18 day of February, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 6 Dubuque County - Southwest Arterial 28E Agreement:City Manager recommending approval of an Intergovernmental 28E Funding Agreement with Dubuque County for the Southwest Arterial Project. Upon motion the documents were received, filed and Reso- lution No. 46-13Approving an Intergovernmental 28E Funding Agreement between the City of Dubuque and Dubuque County for the Southwest Arterial Project, Iowa DOT Project No. STP-U-2100 (634)--70-31 was adopted. RESOLUTION NO. 46-13 APPROVING AN INTERGOVERNMENTAL 28E FUNDING AGREEMENT BETWWEN THE CITY OF DUBUQUE AND DUBUQUE COUNTY FOR THE SOUTHWEST ARTE- RIAL PROJECT, IOWA DOT PROJECT NO. STP-U-2100 (634)--70-31 Whereas, the Dubuque City Council, the Dubuque County Board of Supervisors, the Dubuque Metropolitan Area Transportation Study (DMATS), the Dubuque Area Cham- ber of Commerce and the Greater Dubuque Development Corporation have all identi- fied the completion of the Southwest Arterial Project as the No. 1 surface transportation priority in the Dubuque area; and Whereas, the City and County desire to maintain and increase transportation infra- structure while improving safety for the motorist within the City of Dubuque and Dubu- que County and acknowledge the mutual benefit to partner on the Southwest Arterial Project and agree to contribute funding for the Project; and Whereas, there is federal appropriation authorization in the Federal Transportation Bill (SAFETEA-LU) in the amount of $28,611,653 for the continued development and advancement of the Southwest Arterial Project; and Whereas, the Federal Transportation Bill regulations authorize the portion of the Southwest Arterial Project costs reimbursed with SAFETEA-LU funds shall be limited to a maximum of either 80% of eligible costs or the total amount of obligation authority ($28,611,653), whichever is less; and Whereas, the Federal Transportation Bill regulations require that the remaining 20% balance of eligible costs for the Southwest Arterial Project be paid with Non-Federal ap- propriated funds or such applicable local fund source(s); and Whereas, City and County desire to enter into agreements with each other for the purpose of financing transportation improvement projects on streets and highways in Dubuque County with Federal funds; and Whereas, the 20% local funding obligation for eligible Southwest Arterial Project costs is $7,152,914 and will allow for 100% obligation expenditure of the Federal SAFETEA-LU appropriated funding ($28,611,653); and Whereas, City and County desire to equally contribute funding for the Southwest Ar- terial Project to achieve the required 20% local funding obligation in the amount of $7,152,914 to support the continued development and completion of the Southwest Ar- terial Project; and Whereas, County can utilize DMATS Surface Transportation Program (STP) funds to provide for 80% of the cost of the proposed County projects shown in Table 1 which will allow for the reallocation of local County funds previously budgeted for County projects shown in Table 1 to be used for the Southwest Arterial Project; equal to the DMATS STP allocation as shown; and 7 County Project DMATS STP Funding Local Funding to Southwest Arterial Hales Mill Road City of Asbury FY 2014 $1,542,478.00 $1,542,478.00 to Derby Grange Mud Lake Road Circle Ridge FY 2014 $700,000.00 $700,000.00 to Mississippi River Herber Road Bridge FY 2014 $1,333,979.00 $1,333,979.00 County Local Funding: $3,576,457.00 $3,576,457.00 Table 1 Whereas, the Dubuque City Council has committed the allocation of local City funds to be used for the Southwest Arterial Project; equal to the City’s annual distribution of st Transportation Investment Moves the Economy in the 21 Century (TIME-21) funding as summarized in the following Table 2; and TIME-21 Allocation Local Funding to Southwest Arterial City FY 2009 $19,346.00 $19,346.00 Actual City FY 2010 $106,559.00 $106,559.00 Actual City FY 2011 $351,621.00 $351,621.00 Actual City Local Funding: $477,526.00 $477,526.00 Table 2 Whereas, City has already utilized DMATS Surface Transportation Program (STP) funds to provide for 80% of the cost for the City projects shown in Table 3 which provid- ed for the reallocation of local City funds previously budgeted for City projects shown in Table 3 to be used for the Southwest Arterial Project; equal to the DMATS STP alloca- tion; and City Project DMATS STP Local Funding to Funding Southwest Arterial Locust Street Resurfacing 9 th to $462,246.00 $462,246.00 Actual th 17 Street Kaufmann Avenue Resurfacing $448,594.00 $448,594.00 Actual John F. Kennedy to Carter Road NW Arterial Capacity Improve-$360,000.00 $360,000.00 Obligated ments Penn Ave to Asbury US 61/151 Corridor Improve-$255,000.00 $255,000.00 Obligated ments US 52/Twin Valley & Ma- quoketa Drive North Cascade Bridge County $293,600.00 $293,600.00 Obligated ER Project City Local Funding: $1,819,440.00 $1,819,440.00 $448,593.67 Table 3 8 Whereas, the Dubuque City Council has committed the allocation of local City funds to be used for the Southwest Arterial Project; equal to the City’s distribution of Iowa Jobs (I-JOBS) funding as summarized in the following Table 4; and I-JOBS Allocation Local Funding to Southwest Arterial City FY 2010 $252,150.00 $252,150.00 Actual City FY 2011 $306,817.00 $306,817.00 Actual City Local Funding: $558,967.00 $558,967.00 Table 4 Whereas, the Dubuque City Council has programmed funding for the Southwest Arte- rial Project in the City’s annual capital improvement budget and between Fiscal Year 2009 through Fiscal Year 2011 the City has expended $720,524 in Local Option Sales Tax funding to provide for the continued development and advancement of the South- west Arterial Project; and Whereas, City and County acknowledge and agree that the funding sources, the pro- posed projects, and the funding amounts as outlined in the reference Tables 1 thru 4 are subject to change, however the mutual commitment between the City and County to equally contribute funding for the Southwest Arterial Project to achieve the required 20% local funding obligation in the amount of $7,152,914 to support the continued de- velopment and completion of the Southwest Arterial Project will not change; and Whereas, City and County acknowledge the mutual benefit to partner on the South- west Arterial Project and agree to contribute funding for the Project as set forth herein. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOL- LOWS: . Section 1 City and County hereby agree to partner on the Southwest Arterial Project (Iowa DOT Project No. HDP-2100 (643)--71-31) and agree to contribute funding as fol- lows: FUNDING SOURCE AMOUNT Federal SAFETEA-LU Appropriation (80%) $28,611,653 City of Dubuque Funds (10%) 3,576,457 Dubuque County Funds (10%) 3,576,457 Total Project Funding: $35,764,567 Section 2. The projected annual funding distribution for the City’s 10% local funding obligation is summarized as follows: City FY 2009 $795,419.00 Actual City FY 2010 $1,405,981.00 Actual City FY 2011 $1,375,057.00 Actual City Funding Total: $3,576,457.00 9 . Section 3 The projected annual funding distribution for the County’s 10% local fund- ing obligation is summarized as follows: County FY 2014 $ 3,576,457.00 Projected County Funding Total: $ 3,576,457.00 . Section 4 City shall be the lead agency and shall contract and administer said public improvements for the Southwest Arterial Project (Iowa DOT Project No. HDP-2100 (643)--71-31). . Section 5 City agrees to submit to County requests for reimbursement for eligible costs incurred by City on the Southwest Arterial Project (Iowa DOT Project No. HDP- 2100 (643)--71-31). . Section 6County agrees to reimburse City for eligible costs incurred by City on the Southwest Arterial Project (Iowa DOT Project No. HDP-2100 (643)--71-31). th Passed, approved and adopted this 18 day of February, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Tricon Construction - Settlement Agreement:City Manager recommending approval of an Agreement that provides the final resolution of disputed work items related to the acceptance of the construction contract for the Carnegie-Stout Public Library Renova- tion Project - Contract No. 1 (General Construction) and authorization of payment of the contract retainage to Tricon Construction. Upon motion the documents were received, filed, and approved. Catfish Creek Watershed Management Authority:City Manager transmitting the adopted Bylaws of the Catfish Creek Watershed Management Authority. Upon motion the documents were received and filed. : Rousselot, Inc. - First Amendment to Development AgreementCity Manager rec- ommending approval of the First Amendment to Development Agreement with Rousselot, Inc. Upon motion the documents were received, filed and Resolution No. 47- 13 Approving the First Amendment to the Development Agreement between the City of Dubuque, Iowa, and Rousselot, Inc. was adopted. RESOLUTION NO. 47-13 APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BE- TWEEN THE CITY OF DUBUQUE, IOWA AND ROUSSELOT, INC. Whereas, the City of Dubuque, Iowa (City) and Rousselot Dubuque Inc. entered into a Development Agreement (the Development Agreement) dated for reference purposes nd the 22 day of January, 2013; and Whereas, the Development Agreement erroneously named Rousselot, Inc. as the Developer, and the correct name of the Developer is Rousselot Dubuque Inc.; and Whereas, City and Rousselot, Inc. now desire to amend the Development Agreement as set forth in the attached First Amendment to Development Agreement attached here- to. 10 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. The First Amendment to Development Agreement attached hereto is hereby ap- proved. 2. The Mayor is hereby authorized and directed to sign the First Amendment to De- velopment Agreement. th Passed, approved and adopted this 18 day of February, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk : Caradco Building, LLP - Contract Amendment with ECIACity Manager recommend- ing approval of an amendment to the contract with East Central Intergovernmental As- sociation (ECIA) to assist the City with grant administration for the 2010 Iowa Depart- ment of Economic Development Community Development Block Grant for the Caradco Building, LLLP project. Upon motion the documents were received, filed and Resolution No. 48-13Approving Amendment No 1 for 2010 CDBG Grant Administration with East Central Intergovernmental Association was adopted. RESOLUTON NO. 48-13 APPROVING AMENDMENT NUMBER 1 FOR 2010 CDBG GRANT ADMINISTRA- TION WITH EAST CENTRAL INTERGOVERNMENTAL ASSOCIATION Whereas, The City Of Dubuque, Iowa is party to the Agreement creating the East Central Intergovernmental Association (hereinafter called the ECIA) and is a member in good standing; and Whereas, The City of Dubuque, Iowa wishes to engage the ECIA to provide certain technical and professional services for grant administration of the City of Dubuque’s 2010 Iowa Department of Economic Development Community Development Block Grant (Contract #08-DRH-212) Program; and Whereas, Articles II, III (12), and VIII (2) and (3) of the Articles of Agreement of the East Central Intergovernmental Association gives the ECIA the authority to perform ser- vices under consideration. NOW, THEREFORE, BE IT RESOLVED, that the East Central Intergovernmental Association is hereby authorized to provide staff assistance as prescribed in the at- tached Contract for Services and Scope of Services. th Passed, approved, and adopted this 18 day of February 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk National Park Service - Historic Preservation Fund Annual Report:City Manager transmitting the 2011 Historic Preservation Fund 2011 Annual Report from the National Park Service, which features Mayor Roy Buol. Upon motion the documents were re- ceived and filed. Iowa Clean Air Attainment Program - Smarter Travel Study Grant Application:City Manager recommending submission of an application to the Iowa Department of Trans- portation for an Iowa Clean Air Attainment Program (ICAAP) grant for two additional 11 years of funding assistance for the Midtown Loop and Feeder and the Nightrider bus routes and a third year of funding for the Shopping Circulator. Upon motion the docu- ments were received, filed and Resolution No. 49-13Endorsing the submission of an Iowa Clean Air Attainment Program (ICAAP) Grant Application to the Iowa Department of Transportation to fund the IBM Smarter Travel Project and continuation of two pilot route and Shopping Circulator Route services was adopted. RESOLUTION NO. 49-13 ENDORSING THE SUBMISSION OF AN IOWA CLEAN AIR ATTAINMENT PRO- GRAM (ICAAP) GRANT APPLICATION TO THE IOWA DEPARTMENT OG TRANS- PORTATION TO FUND IMPROVMENTS TO ACCMODATE PASSENGER RAIL IM- PROVEMENTS Whereas, the Iowa Clean Air Attainment Program (ICAAP) provides funding for re- ducing congestion, reducing travel or single-occupant vehicle usage, and improving air quality: and Whereas the ICAAP program is an 80/20 match, 80% federal funds, 20% local match funds; and Whereas, the City Council finds that the Passenger Rail service between Dubuque and Chicago would improve air quality in the region, improve safety and provide a new form of public transportation service for citizens of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa hereby endorses the at- tached application to the Iowa Clean Air Attainment Program which includes for a 20% local match for the passenger rail improvements. Section 2. The City also agrees to be responsible for adequately maintaining and op- erating the project for public use during the projects useful life. Section 3. That the City Manager is authorized to sign, on behalf of the City Council, the application for ICAAP. th Passed, approved and adopted this 18 day of February, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Iowa Governor's Traffic Safety Bureau Grant:City Manager recommending approval of the Iowa Governor's Traffic Safety Bureau Section 402 State and Community High- way Safety Grant. Upon motion the documents were received, filed, and approved. Dubuque Regional Airport - New Terminal Facility:City Manager recommending ap- proval to seek and accept federal Airport Improvement Program funds in 2013, with the intent to apply bond proceeds from sales in early 2014 as the local match. Upon motion the documents were received, filed, and approved. Zoning Board of Adjustment:Commissioner Randy Klauer submitting advance notifi- cation of his intent to resign from the Zoning Board of Adjustment pending a change in residency. Upon motion the documents were received, filed, and approved. 12 Improvement Contracts / Performance, Payment and Maintenance Bonds:Ferguson Water Works/Davies Services for the Fire Hydrant Painting Program Phase 3. Upon motion the documents were received, filed, and approved. Tobacco Compliance - Civil Penalty for Tobacco License Holders - Hy-Vee Store #2: City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Hy-Vee Store #2 at 2394 NW Arterial. Upon mo- tion the documents were received, filed, and approved. Tobacco Compliance - Civil Penalty for Tobacco License Holders - Kwik Stop:City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Kwik Stop, 4110 Dodge Street. Upon motion the doc- uments were received, filed, and approved. Alcohol Compliance Civil Penalty for Alcohol License Holders - Hy-Vee Store #2:City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Hy-Vee Store #2 at 2395 NW Arterial. Upon motion the documents were received, filed, and approved. Alcohol Compliance Civil Penalty for Alcohol License Holders - Kwik Stop:City Man- ager recommending approval of the Acknowledgment/Settlement Agreement for an al- cohol compliance violation for Kwik Stop, 4110 Dodge Street. Upon motion the docu- ments were received, filed, and approved. Alcohol Compliance Civil Penalty for Alcohol License Holders - River City Bistro:City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for River City Bistro (Holiday Inn) at 450 Main Street. Upon motion the documents were received, filed, and approved. Alcohol License Applications:City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. Upon motion the documents were received, filed and Resolution No. 50-13Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regu- lations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 50-13 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQ- UOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval and the same have been examined and ap- proved; and 13 Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: RENEWALS Dollar General #10074 2400 Gateway Dr. Class C Beer, Class B Wine (Carryout Wine) (Sunday) Dollar General #7289 3250 Kennedy Cir. Ste 9 Class C Beer, Class B Wine (Carryout Wine) (Sunday) Gin Rickeys 1447 Central Ave. Class C Liquor (Sunday) Marella 700 Locust Class B Native Wine Northside Bar, Inc. 2776 Jackson St. Class C Liquor (Sunday) (Out- door) Pusateris 2400 Central Ave. Class C Liquor (Sunday) Town Clock Inn 799 Town Clock Plaza Class C Liquor NEW Main Street Steak and 342 Main St. Class C Liquor, Class B Wine Chophouse (Carryout Wine) (Sunday) (Out- door) (Catering) Section 1. The City Clerk is hereby authorized and directed to cause to be issued the following named applicants and permit types. th Passed, approved and adopted this 18 day of February, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Braig. Motion carried 7-0. Petition to Vacate - Portion of Old Highway Road:City Manager recommending ap- proval of the plat and disposal of a portion of Old Highway Road at the intersection of Radford Road for the National Guard Readiness Center and that a public hearing be set for March 4, 2013, on the disposal of the property. Upon motion the documents were received, filed and Resolution No. 51-13 Resolution of Intent to vacate and dispose of th city interest in Lot 2-1-A of the SE ¼ - SW ¼ Section 29, T89N, R2E, 5 P.M. in the City of Dubuque, Dubuque County, Iowa was adopted. Upon motion the documents were received, filed and Resolution No. 52-13Approving plat of proposed vacated portion of Old Highway Road at Radford Road was adopted. RESOLUTION NO. 51-13 INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT 2-1-A OF THE SE TH ¼ - SW ¼ SECTION 29, T89N, R2E, 5 P.M. IN THE CITY OF DUBUQUE, DUBU- QUE COUNTY, IOWA 14 Whereas, Richard Wolbers, AIA of Straka Johnson Architects, representing the State of Iowa has requested the vacating and disposal of a portion of Old Highway Road; and Whereas, Buesing & Associates, Inc. has prepared and submitted to the City Council a plat showing a proposed vacated portion of Old Highway Road and assigned a lot number thereto, which hereinafter shall be known and described as Lot 2-1-A of the SE th ¼ - SW ¼ Section 29, T89N, R2E, 5 P.M. in the City of Dubuque, Dubuque County Iowa, should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to vacate and dispose of its interest in th Lot 2-1-A of the SE ¼ - SW ¼ Section 29, T89N, R2E, 5 P.M.in the City of Dubuque, Dubuque County, Iowa. Section 2. That the conveyance of Lot 2-1-A of the SE ¼ - SW ¼ Section 29, T89N, th R2E, 5 P.M.in the City of Dubuque, Dubuque County, Iowa to the State of Iowa be contingent upon the dedication of a water main and fiber optic line easement plus plat- ting fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to vacate and dispose of said real estate to be published in the manner as prescribed by law. th Passed, approved and adopted this 18 day of February, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 52-13 APPROVING PLAT OF PROPOSED VACATED PORTION OF OLD HIGHWAY ROAD AT RADFORD ROAD Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated November 20, 2012 prepared by Buesing & Associates, Inc., describing the proposed vacated portion of Old Highway Road to be known as Lot 2-1-A of the SE ¼ - th SW ¼ Section 29, T89N, R2E, 5 P.M. in the City of Dubuque, Dubuque County, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated November 20, 2012 prepared by Buesing & Associ- ates, Inc., relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, construct- ing, reconstructing, repairing, owning, operating, and maintenance as may be author- ized by the City of Dubuque, Iowa, as shown on the Plat of survey of Lot 2-1-A of the th SE ¼ - SW ¼ Section 29, T89N, R2E, 5 P.M. in the City of Dubuque, Dubuque Coun- ty, Iowa 15 Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. th Passed, approved and adopted this 18 day of February, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Fiscal Year 2014 Operating and Capital Budget:City Manager recommending that a public hearing be set for February 28, 2013, on the Fiscal Year 2014 City budget, Oper- ating and Capital Improvement Program, for the City of Dubuque. Upon motion the doc- uments were received, filed and Resolution No. 53-13Setting the date for the public hearing on the Fiscal Year 2014 Budget for the City of Dubuque was adopted. Upon motion the documents were received, filed and Resolution No. 54-13Setting the date for the public hearing on the Five Year Capital Improvement Program for Fiscal Years 2014 through 2018 for the City of Dubuque was adopted. RESOLUTION NO. 53-13 SETTING THE DATE FOR THE PUBLIC HEARING ON THE FISCAL YEAR 2014 BUDGET FOR THE CITY OF DUBUQUE Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and place for a public hearing on the Fiscal Year 2014 budget before the final budget certification date and shall publish notice before the hearing as provided in Iowa Code Section 362.3. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the proposed Fis- cal Year 2014 budget for the City of Dubuque in the City Council Chambers at the His- th toric Federal Building, 350 West 6 Street, Dubuque, Iowa, on Thursday, February 28, 2013, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish no- tice of the public hearing, according to law, together with the required budget infor- mation. th Passed, approved and adopted this 18 day of February, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 54-13 SETTING THE DATE FOR THE PUBLIC HEARING ON THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2014 THROUGH 2018 FOR THE CITY OF DUBUQUE Whereas, a proposed Five-Year Capital Improvement Program for the City of Dubu- que for Fiscal Years 2014 through 2018 has been prepared and submitted to the City Council; and Whereas, the capital projects for the first year of the program are included in the Fiscal Year 2014 budget for the City of Dubuque; and 16 Whereas, it is deemed to be in the best interest of the City of Dubuque to conduct a public hearing and adopt the five-year Capital Improvement Program simultaneously with the public hearing and adoption of the Fiscal Year 2014 budget for the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the five-year Capi- tal Improvement Program for Fiscal Years 2014 through 2018 in the City Council th Chambers at the Historic Federal Building, 350 West 6 Street, Dubuque, Iowa, on Thursday, February 28, 2013, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish no- tice of the public hearing. th Passed, approved and adopted this 18 day of February, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Applications were reviewed for the following commission: Mechanical Code Board: Two 3-Year terms through March 16, 2016 (Expiring terms of Billmeyer and Papin). Ap- plicants: Ronald Billmeyer, 2375 Theda Dr. and Paul Papin, 2955 Jackson St. PUBLIC HEARINGS Dubuque Industrial Center - PUD Amendment (Tabled June 5, 2011): Proof of publi- cation on notice of hearing to consider a request from the City of Dubuque/ Dubuque Initiatives to amend the Planned Unit Development (PUD) for the Dubuque Industrial Center, located on Chavenelle Road and the Northwest Arterial, to change the designa- tion of property from open space to commercial and Zoning Advisory Commission rec- ommending approval, with conditions. City Manager recommending that this item be ta- bled to July 7, 2014. Motion by Connors to remove from table. Seconded by Resnick. Motion carried 7-0. Motion by Connors to table to July 7, 2014. Seconded by Resnick. Motion carried 7-0. Upon motion the rules were suspended to allow anyone present to address the City Council. Request to Rezone - 501 Seippel Road: Proof of publication on notice of hearing to consider a request by the City of Dubuque to rezone property located at 501 Seippel Road (Lot 1 of 1 and Lot 1 of 2 South Fork Industrial Subdivision #1) from AG Agricul- tural District to PUD/PI Planned Unit Development with a Planned Industrial designation and the Zoning Advisory Commission recommending approval. Motion by Jones to re- ceive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Planning Services Man- ager Laura Carstens provided a staff report. Karen Rokusek, 1211 Cousins Road, ad- 17 dressed the City Council about her concerns that the wooded area reserved as a green space buffer abutting her property could someday be developed. Responding to ques- tions, Ms. Carstens, Zoning Advisory Commission Chairperson Charlie Miller, and Eco- nomic Development Director Dave Heiar stated that the Zone O designation of the wooded area keeps it under the entire PUD conceptual plan and any change in zoning would require a review by the Zoning Advisory Commission, notification to neighbors, and City Council approval. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 2-13 Amend- ing Title 16 of the City of Dubuque Code of Ordinances Unified Development Code by reclassifying hereinafter described property located north and south of Seippel Road and north of U.S. Highway 20 from AG Agricultural District to PUD Planned Unit Devel- opment with a PI Planned Industrial designation for the Dubuque Industrial Center South. Seconded by Resnick. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 2-13 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES UNI- FIED DEVELOPMENT CODE BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED NORTH AND SOUTH OF SEIPPEL ROAD AND NORTH OF U.S. HIGHWAY 20 FROM AG AGRICULTURAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT WITH A PI PLANNED INDUSTRIAL DESIGNATION FOR THE DUBUQUE INDUSTRIAL CENTER SOUTH. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by reclassifying the hereinafter described property from AG Agricultural District to PUD Planned Unit Development District with a PI Planned Industrial designation and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, for the Dubuque Industrial Center South as stated below, to wit: Lot 1 of 1 and Lot 1 of 2 South Fork Subdivision #1, 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 the Conceptual Development Plan for the Dubuque Industrial Center South Planned Unit Development marked Exhibit A. 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, in- cluding the relationship of land uses to the general plan framework and the develop- ment requirements shall be used as the implementation guide. A) Definitions 1) Building-related Features Building-related features are defined as all construction items which rise above the grade surface of the lot. These include: a) The primary building. b) All accessory or secondary buildings. 18 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 move- ment 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 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 devel- oped features of the lot which include: a) Landscape space containing lawn areas and plantings. b) Paved, hard-surfaced pedestrian areas such as walkways, pla- zas, entryways and courtyards. c) Storm water management facilities not otherwise used for building-related or vehicle-related purposes. d) Open recreation areas and recreational trail. e) Other non-building and non-vehicular related space. B. Use Regulations Zone D: General Purpose and Description. Zone D is intended to provide a location 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) Railroad 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 package of chemical products. m) Manufacture, assembly, repair or storage of electrical and electronic products, components or equipment. 19 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 structure on the same lot. Day care centers are sub- ject to state regulations and requirements of Article 8-20, Li- censed Child Care Center, of the Unified Development Code. 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 lim- ited duration as established in Article 3-19 and as defined in Arti- cle 2-3 of the Unified Development Code. 5) The provision of off-street parking shall be regulated by Article 14 of the City of Dubuque’s Unified Development Code. Zone O: General Purpose and Description. Zone O is intended to serve as an amenity to the industrial park, provide public areas and control of storm water to protect downstream properties. 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, playground equipment, or other recreational buildings and structures when associated with parks, nature areas, playgrounds and recreational facilities. f) Construction of dams, reservoirs, detention ponds and similar storm water control facilities. 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 principle use it serves. 4) Temporary uses (reserved for future use). C. Lot Bulk Regulations Development of land in Zones D 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 this ordinance and Article 12 of the Unified Development Code. 20 2) All building-related features in Zones D and O shall be in accordance with the following bulk regulations chart: Minimum lot Lot front-Front yard Side yard Rear yard Building area in age mini-setback setback setback height max- acres mum feet minimum minimum minimum imum feet feet feet feet Zone O N/A N/A N/A N/A N/A N/A Zone D 2 acres 100 50 25 50 100 a) Lots smaller than minimum will be allowed if the parcel is consoli- dated or combined with a larger lot. Substations for public and quasi- public utilities shall be exempt from lot frontage and lot area require- ments. 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. c) Maximum building height shall be as stipulated in the bulk regula- tions chart above, except the following may exceed the height limit: cooling towers, condensers, elevator bulkheads, stacks and other necessary mechanical equipment and their protective housing. Heat- ing, ventilating and air conditioning (HVAC) equipment is limited to 10 feet above height limitation. d) Within required front, side and rear setbacks, only driveways, fire lanes, railroad tracks, open space features and primary and second- ary signage are allowed. Parking lots may encroach up to 50% into the required front yard setback. D. Parking and Loading Regulations 1) All vehicle-related features, except for railroad tracks, shall be sur- faced with either asphalt or concrete. 2) All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other permanent means. 3) The number, size and design of parking spaces shall be governed by applicable provisions in Articles 13 and 14 of the City of Dubuque Unified Development Code. 4) The number, size and design and location of parking spaces desig- nated 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 pub- lic streets shall be reviewed and approved by the City Engineer. 6) No on-street maneuvering of delivery vehicles will be allowed on any street. Lots shall provide all necessary maneuvering space for de- livery vehicles within the boundaries of the lots. 7) All loading docks for shipping and receiving 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. Exterior Storage Regulations Exterior storage shall be in accordance with the following regulations: 21 Allowable Prod-Allowable Allowable Minimum Maximum ucts Store Location Screening Opacity Height of Materials Screening Zone D Raw or finished Rear or side Similar to 50% 12 feet goods; equipment yards building color Zone O PROHIBITED ) Exterior storage of materials, which could be blown into the air or strewn 1 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 cover- age. 4) Exterior storage must be screened from view from adjacent public right- of-way. 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 line 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, ma- terials and equipment that can adversely impact the value of adjacent prop- erty. 7) The City Planner may grant a waiver for screening to exceed the maxi- mum height allowed, when topography or height of individual finished prod- ucts 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. shipping 9) Long-term storage of products or materials in semi-trailers or containers is prohibited. F. 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 cover- ages. 22 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 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 en- trances 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 se- lected and designed so that they will screen the area from the adjacent pub- lic right-of-way within five (5) years. G. 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 regulations that the development 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 number and size, and the type of ground cover required. Street trees planted in public street right-of-way shall not be counted toward fulfill- ment 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 shrubs to be retained on-site may be count- ed toward fulfillment of the landscaping requirements. a) Minimum tree planting requirements for any new development in the Dubuque Industrial Center South shall be one (1) tree of the following required size per 1,600 square feet of open space: 40% minimum: 2-2 1/2” caliper diameter deciduous and/or 8-foot height or greater evergreen. Balance: 1 ½ - 2” caliper diameter deciduous and/or 6-foot height evergreen. b) Minimum shrub requirements at the time of planting for any devel- opment in the PUD District shall be 6 shrubs, or 1 shrub per 1,000 required square feet of 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 23 50% opacity landscaping screen. Parking lot screening is in addition to re- quired 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 other Public Streets shall participate in the planting trees compatible in species and spacing with tree plantings, which have previously been completed by the City along Seippel Road. 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 winter weather prevents planting, within six months of being issued an occupancy certificate. 7) 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 Ordi- nance. 8) A detailed landscape plan shall be required as part of submittal for final site development plan approval. 9) The area between the public street and the right-of-way line shall be planted with grass and maintained by the lot owner. H. Sign Regulations 1) Applicability of City of Dubuque Ordinances: The provisions of the City of Dubuque Unified Development code Article 15 Signs shall apply unless fur- ther 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 Cen- ter South.  Entrance signs  Directory signs 2) Company primary signs: limited to identification of uses in Zone D.  Identification of company name  Identification of company products or services  Graphic symbol or logo identified with the company 3) Secondary signs: Allowable in all zones.  Street address.  Directional messages necessary for the safe and efficient flow of vehicular and pedestrian traffic on the lot.  Identification of visitor entrances to the building, shipping and re- ceiving docks and other delivery points.  Identification of assigned parking spaces and parking spaces ac- cessible to persons with disabilities. 24  Temporary announcements of pending or new construction.  Commemorative messages. b)Schedule of sign regulations: allowable structure type, size, number and height shall be limited to the following requirements: Type of Sign Maximum size Maximum Number Allowable Maximum Structure Height* type Industrial Cen-200 square feet per sign face Three (3) signs Monument 12 feet ter Entrance Signs Industrial Cen-30 square feet per sign face Three (3) signs Monument 8 feet ter Directory Signs Company Pri-10% of building wall sign is 2 signs per street front-Wall-Below eave mary Signs mounted on or 400 total age per business mounted or parapet square feet of sign area, whichever is less. 150 square feet per sign face 1 sign per business Monument 10 feet restricted to interior street frontages only Secondary 6 square feet per sign face No maximum number Wall-10 feet signs mounted Monument 6 feet *The height of the monument-style signs shall be measured from 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 Article 8-6 of the Unified Devel- opment 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 materials, or internally illuminated by means of a light source completely enclosed by the sign panel. e) Motion: No signs may include any device or means, mechanical, elec- trical or natural, which shall cause any motion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. I. Maintenance Assessments 1. The City will cause the construction of such improvements as the City deems appropriate in the Public Areas of this PUD District shown on the Plan. Maintenance and repair of the Public Areas and its improvements is the responsibility of the City with fifty percent (50%) of costs of such mainte- nance and repair assessed to and paid by the owners of property in this PUD District. Private connections to the Public Areas and the subsequent mainte- nance and repair of such private connections are the responsibility of each owner and may not be constructed without the prior written approval of the City. 25 2. The City will assess against the properties in this PUD District in each as- sessment year an annual assessment for the purpose of paying fifty percent (50%) of the actual costs of the City’s maintenance and repair of the Public Areas and the actual costs associated with maintaining and lighting the park entrance signs. Said assessment may also include the establishment of a capital improvements reserve fund for such purposes. Upon establishment of such assessment levy, the owner of each lot must pay to the City a pro rata share (as hereinafter defined) of such assessment. The owner waives any and all rights to further notice, to object to the as- sessments, the amount of the assessments, the procedure for certifying the assessments or to any other rights the owner would have as provided in Io- wa Code Chapter 364 and Chapter 384 and that the schedule of assess- ments may be certified by the City to the Dubuque County Treasurer for col- lection in the same manner as provided in Iowa Code Chapter 364 and Chapter 384. 3. If such pro rata share is not paid within thirty (30) days after its due date, the owner agrees that that amount of such pro rata share will become a lien upon the lot obligated to pay the same and will bear interest from the due date at the highest legal contract rate applicable to a natural person. The owner further agrees that the City may bring an action at law against any owner obligated to pay the same, or foreclose the lien against the lot. The owner agrees that the owner is also obligated to reimburse the City for the City’s costs and reasonable attorney's fees of any collection efforts. The owner agrees that the owner may not waive or otherwise avoid liability for an assessment provided herein by non-use of the Public Areas or abandonment of a lot. 4. An owner's pro rata share is equal to a fraction, the numerator of which is the gross square feet area of the lot or lots owned by the owner and the de- nominator of which is the gross square feet area of all lots in this PUD Dis- trict exclusive of the Public Areas and public rights-of-way. J. Performance Standards The development and maintenance of uses in this PUD District shall be estab- lished in conformance with the following standards 1. 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 Article 11. Land Subdivision, of the City of Dubuque Unified Development Code. 2. Site Plans: Final site development plans shall be submitted in accordance with Article 12 Site Plans and Article 13 Site Design Standards prior to con- struction of each building and vehicle-related feature unless otherwise ex- empted by Article 12. 3. 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 Engineering Department of the City of Dubuque. Other applicable regulations enforced by the City of Dubuque rela- 26 tive to storm water management and drainage shall apply to properties in the PUD District. 4. Noises: Noises generated within the PUD District shall be regulated by Chapter 33, Article IV, Noises, of the City of Dubuque Code of Ordinances. 5. 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 Article 6-4 of the Unified Development Code. 6. 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 ex- cess of the minimum required number of parking spaces shall not reduce the minimum required area for open space. 7. Other Codes and Regulations: These regulations do not relieve an owner from other applicable City, County, State or Federal Codes, regulations, laws and other controls relative to the planning, construction, operation and management of property in the PUD District. K. 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 acknowledg- es awareness of the conditions authorizing the establishment of the district. L. Modifications Any modifications of this Ordinance must be approved by the City Council in ac- cordance with zoning reclassification proceedings of Article 9-5 of the Unified De- velopment Code. M. Recording A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder a permanent record of the conditions accepted as part of this reclassification approval within ten (10) days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. This Ordinance shall take effect upon publication as provided by law. th Passed, approved and adopted this 18 day of February, 2013. /s/Roy D. Buol, Mayor: Attest: /s/Kevin S. Firnstahl, City Clerk nd Published in the Telegraph Herald newspaper on the 22 day of February 2013. /s/Kevin S. Firnstahl, City Clerk Request to Rezone - 165 Westside Court:Proof of publication on notice of hearing to consider a request from Mark Arthofer to rezone property located at 165 Westside Court from PC Planned Commercial to CS Commercial Services and Wholesale District and the Zoning Advisory Commission recommending approval. Motion by Connors to re- ceive 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 27 which it is to be passed be suspended. Seconded by Resnick. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 3-13 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located south of 165 Westside Court from Planned Unit Development District to CS Commercial Service and Whole- sale District. Seconded by Resnick. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 3-13 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF OR- DINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED SOUTH OF 165 WESTSIDE COURT FROM PLANNED UNIT DEVELOPMENT DISTRICT TO CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, the Unified De- velopment Code, is hereby amended by reclassifying the hereinafter–described proper- ty from Planned Unit Development District to CS Commercial Service and Wholesale District, to wit: Lot 2-1 of Arthofer’s Skyline Addition, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zon- ing Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication, as provided by law. th Passed, approved and adopted this 18 day of February, 2013. /s/Roy D. Buol, Mayor: Attest: /s/Kevin S. Firnstahl, City Clerk nd Published in the Telegraph Herald newspaper on the 22 day of February 2013. /s/Kevin S. Firnstahl, City Clerk Sale of Property - 2290 Washington Street:Proof of publication on notice of hearing to consider the sale of City-owned property at 2290 Washington Street to Katherine Toskey and the City Manager recommending approval. Motion by Braig to receive and file the documents, and adopt Resolution No. 55-13Approving the sale of real estate specifically 2290 Washington Street. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 55-13 APPROVING THE SALE OF REAL ESTATE SPECIFICALLY 2290 WASHINGTON STREET Whereas, pursuant to a notice, duly published in the Telegraph Herald newspaper, in the City Council of Dubuque, Iowa, met on February 4, 2013, in the Dubuque Historic th Federal Building, 350 West 6 Street, Dubuque, Iowa to consider the proposal to dis- pose of City-owned real estate located at 2290 Washington Street. Lot 1 Bee Branch 28 #3, in the City of Dubuque, County of Dubuque, Iowa; and Whereas, a qualifying home buyer, Katherine Toskey, has signed an offer to pur- chase and has obtained financing from a local lender; and Whereas, the City Council of the City of Dubuque, Iowa has overruled any and all ob- jections, oral and written, to the proposal to dispose of the interest of the City of Dubu- que, Iowa, in the herein and above-named real estate to the above-named grantee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the sale of the following legally- described property: Lot 1 Bee Branch #3 in the City of Dubuque, County of Dubuque, Iowa, accord- ing to the recorded plat thereof, at the cost of Ninety-Nine Thousand Dollars ($99,000). Section 2. That the City of Dubuque be and is hereby authorized to provide a War- ranty Deed to the buyer, conveying the City’s interest to Katherine Toskey for the here- in-described real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said Warranty Deed to be recorded in the Office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and is hereby authorized and directed to forward a copy of this Resolution to the Dubuque Count Assessor and the Dubuque County Audi- tor. th Passed, approved and adoptedthis 18 day of February, 2013. Roy D Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Sale of Property - 2320 Washington Street: Proof of publication on notice of hearing to consider the sale of City-owned property at 2320 Washington Street to Samantha and Nolan Hein and the City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 56-13 Approving the sale of real estate specifically 2320 Washington Street. Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 56-13 APPROVING THE SALE OF REAL ESTATE SPECIFICALLY 2320 WASHINGTON STREET Whereas, pursuant to a notice, duly published in the Telegraph Herald newspaper, in the City Council of Dubuque, Iowa, met on February 4, 2013, in the Dubuque Historic th Federal Building, 350 West 6 Street, Dubuque, Iowa to consider the proposal to dis- pose of City-owned real estate located at 2320 Washington Street. Lot 1 Bee Branch #6, in the City of Dubuque, County of Dubuque, Iowa; and Whereas, a qualifying home buyer, Samantha and Nolan Heins, has signed an offer to purchase and has obtained financing from a local lender; and Whereas, the City Council of the City of Dubuque, Iowa has overruled any and all ob- jections, oral and written, to the proposal to dispose of the interest of the City of Dubu- que, Iowa, in the herein and above-named real estate to the above-named grantee. 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the sale of the following legally- described property: Lot 1 Bee Branch #6 in the City of Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof, at the cost of Seventy-Five Thousand Dol- lars ($75,000). Section 2. That the City of Dubuque be and is hereby authorized to provide a War- ranty Deed to the buyer, conveying the City’s interest to Samantha and Nolan Heins for the herein-described real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said Warranty Deed to be recorded in the Office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and is hereby authorized and directed to forward a copy of this Resolution to the Dubuque Count Assessor and the Dubuque County Audi- tor. th Passed, approved and adopted this 18 day of February, 2013. Roy D Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk City Hall Envelope Restoration (Tuckpointing) Project:City Manager recommending approval of the plans, specifications, form of contract and the estimated cost for the City Hall Envelope Restoration (Tuckpointing) Project. Motion by Connors to receive and file the documents and adopt Resolution No. 57-13Approving plans and specifications. Se- conded by Jones. Motion carried 7-0. RESOLUTION NO. 57–13 ADOPTING PLANS AND SPECIFICATIONS Whereas, on February 4, 2013, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the City Hall–Envelope Restora- tion (Tuckpointing) Project; and Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said im- provements for said project. th Passed, approved and adopted this 18 day of February, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. 30 ACTION ITEMS Arts and Cultural Affairs Advisory Commission - Special Project Grant Program:Arts and Cultural Affairs Advisory Commission recommending approval of changes to the Arts and Culture Special Project Grant Program. Motion by Lynch to receive and file the documents and approve the recommendation. Seconded by Resnick. Motion carried 7- 0. Asbury Tank Reconditioning Project Award:City Manager recommending award of the contract for the Asbury Tank Reconditioning Project to the low bidder, Classic Pro- tective Coatings. Motion by Jones to receive and file the documents and adopt Resolu- tion No. 58-13 Awarding public improvement contract for Asbury Tank Reconditioning Project CIP 740-2204. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 58-13 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR ASBURY TANK RECONDI- TIONING PROJECT CIP 740-2204 Whereas, sealed proposals have been submitted by contractors for the Asbury Tank Reconditioning Project (the Project) pursuant to Resolution No. 40-13 and Notice to th Bidders published in a newspaper published in the City of Dubuque, Iowa on the 25 day of January, 2013; and th Whereas, said sealed proposals were opened and read on the 11 of February, 2013 and it has been determined that Classic Protective Coatings of Menomonie, WI with a bid amount of $633,150.00, is the lowest responsive, responsible bidder for the Project; and Whereas, it has been determined that it is in the best interest of the City of Dubuque to enter into a Public Improvement Contract with Classic Protective Coatings for said Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Classic Pro- tective Coatings of Menomonie, WI, and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. th Passed, approved and adopted this 18 day of February, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Code of Ordinances - Environmental Stewardship Advisory Commission Member- ship:City Manager recommending approval or an ordinance change to the Environmen- tal Stewardship Advisory Commission membership which would allow the age of the youth member to be up to 30 years old at the time of appointment. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 4-13 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, 31 Chapter 6 Environmental Stewardship Advisory Commission, Section 2-6-1 Commis- sion Created; Composition and Section 2-6-3 Term; Filling of Vacancies; Compensa- tion, by Establishing Youth Membership Age Guidelines and Uniform Term Lengths. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 4-13 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COMMISSIONS, CHAPTER 6 ENVIRONMENTAL STEWARDSHIP ADVISORY COMMISSION, SECTION 2-6-1 COMMISSION CREATED; COMPOSITION AND SECTION 2-6-3 TERM; FILLING OF VACANCIES; COMPENSATION, BY ESTAB- LISHING YOUTH MEMBERSHIP AGE GUIDELINES AND UNIFORM TERM LENGTHS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 2-6-1 of the City of Dubuque Code of Ordinances is amended to read as follows: 2-6-1: COMMISSION CREATED; COMPOSITION: There is hereby created an environmental stewardship advisory commission, which shall consist of seven (7) members, who shall all be residents of the city, and shall include representation from diverse segments of the city's population. It is desirable to select some members who may have helpful backgrounds with environmental/biological science, healthcare, business/industry, and environmen- tal/civic groups. In addition, the council must make a good faith effort to recruit and appoint members who will inherit the environment and are under the age of thirty (30) at the time of appointment. Section 2. Section 2-6-3 of the City of Dubuque Code of Ordinances is amended to read as follows: 2-6-3: TERM; FILLING OF VACANCIES; COMPENSATION: A. Term: The term of office for a member of the commission shall be three (3) years or until a successor is duly appointed. Section 3. This Ordinance takes effect upon publication. th Passed, approved, and adopted the 18 day of February, 2013. /s/Roy D. Buol, Mayor: Attest: /s/Kevin S. Firnstahl, City Clerk nd Published in the Telegraph Herald newspaper on the 22 day of February 2013. /s/Kevin S. Firnstahl, City Clerk Code of Ordinances - Public Nuisance Amendment:City Manager recommending approval of an amendment to the Public Nuisance Ordinance to deal with large quanti- ties of accumulations in residential areas. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and vot- ed on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 5-13 32 Amending City of Dubuque code of Ordinances Title 6 Health, Housing, Sanitation and Environment, Chapter 4 Nuisances, Section 6-4-3 Public Nuisance Defined; Public Nui- sances Enumerated by Adding Conditions, Conduct, and Activities Which Constitute Public Nuisances. Seconded by Resnick. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 5-13 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH, HOUS- ING, SANITATION AND ENVIRONMENT, CHAPTER 4 NUISANCES, SECTION 6-4-3 PUBLIC NUISANCE DEFINED; PUBLIC NUISANCES ENUMERATED BY ADDING CONDITIONS, CONDUCT, AND ACTIVITIES WHICH CONSTITUTE PUBLIC NUI- SANCES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 6-4-3 of the City of Dubuque Code of Ordinances is amended to read as follows: 6-4-3: PUBLIC NUISANCE DEFINED; PUBLIC NUISANCES ENUMERATED: Whatever is injurious to the public health or safety or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property by the pub- lic shall be deemed a "public nuisance". A "public nuisance" shall include, but not be limited to, the following: A. Accumulations: Any yard waste, solid waste, vehicle parts, garbage, noxious substances or hazardous wastes, junk, unused building materials, salvage ma- terial or other offensive substances thrown, left or deposited in or upon any street, avenue, alley, sidewalk, park, public square, public enclosure, public or private lot, whether vacant or occupied, or upon any pond or pool of water, ex- cept for: . . . . K. Unsanitary Accumulations: Failing to keep a building, dwelling, structure, business and parts thereof, or grounds clean and free of any unsanitary accumulations of dirt, filth, rubbish, or garbage, including all property outside the lot and property lines and in- side the curb lines. . . . . Q. Furniture: Indoor upholstered furniture or upholstered furniture which is not de- signed for outdoor use but which is maintained or located on any uncovered porch, lawn, parking lot, driveway, or public right-of-way. R. Combustible Items: Any accumulation of combustible items such as mattresses, boxes, paper, automobile tires and tubes, old clothes, rags, or any other combustible materials or objects of a like nature. S. Construction and Building Materials: Outdoor storage of construction and building materials, except those that are stored in a manner to protect their utility, prevent dete- rioration, and are reasonably expected to be used at the site. T. Appliances or Appliance Parts: Outdoor storage of appliances or appliance parts, 33 except those that are reasonably expected to be used at the site, which are stored in a matter to protect their utility, prevent deterioration, and protect people from becoming trapped within them. U. Burned or Partially Burned Buildings and Structures: Any building or other struc- ture which has been burned, partially burned, or otherwise partially destroyed, which is unsightly or hazardous to the safety of any person or structurally unsound to the extent that the city manager reasonably determines there is a likelihood of personal or property injury to any person or property entering the premises. V. Miscellaneous: Any act done or committed by any person or any substance or thing kept, maintained, placed, or found in or on any public or private place which is an- noying or damaging or injurious or dangerous to the public health, welfare, or safety and every action or thing done, permitted, maintained, allowed, or continued on any public or private property, by any person which is liable to or does endanger, annoy, damage, or injure any person or inhabitant of the City or property of said person or inhabitant. Section 2. This Ordinance takes effect upon publication. th Passed, approved, and adopted the 18 day of February, 2013. /s/Roy D. Buol, Mayor: Attest: /s/Kevin S. Firnstahl, City Clerk nd Published in the Telegraph Herald newspaper on the 22 day of February 2013. /s/Kevin S. Firnstahl, City Clerk Code of Ordinances - Taxi Meter Requirement Amendment:City Manager recom- mending approval of an amendment to City of Dubuque Code of Ordinances Section 4- 7B-3 Taximeter Required, to exempt taxicabs that charge a flat rate to passengers from the requirement of having a taximeter in use at all times. Motion by Braig to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. Motion carried 7-0. Motion by Braig for final consideration and passage of Ordinance No. 6-13 Amending City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chap- ter 7 Vehicles for Hire and Public Transportation, Article B Motorized Vehicles for Hire, Section 4-7B-3 Taximeter Required, by exempting taxicabs that charge a flat rate. Se- conded by Connors. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 6-13 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 7 VEHICLES FOR HIRE AND PUBLIC TRANSPORTATION, ARTICLE B MOTORIZED VEHICLES FOR HIRE, SECTION 4- 7B-3 TAXIMETER REQUIRED, BY EXEMPTING TAXICABS THAT CHARGE A FLAT RATE Section 1. Section 4-7B-3 of the City of Dubuque Code of Ordinances is amended to read as follows: 4-7B-3: TAXIMETER REQUIRED: No person may operate a taxicab without a taximeter fastened in front of the 34 passengers, visible to them at all times day and night, and after sundown the face of the taximeter must be illuminated. Taxicab meters are not required in taxicabs charging a flat rate to passengers, but flat rates must be posted in a taxicab in a location that is visible to passengers at all times. Section 2. This Ordinance takes effect upon publication. th Passed, approved, and adopted the 18 day of February, 2013. /s/Roy D. Buol, Mayor: Attest: /s/Kevin S. Firnstahl, City Clerk nd Published in the Telegraph Herald newspaper on the 22 day of February 2013. /s/Kevin S. Firnstahl, City Clerk Code of Ordinances - Taxi Business and Driver's Permits Amendments:City Manag- er recommending approval of an amendment to City of Dubuque Code of Ordinances repealing Section 4-7B-8 Operator's Permit Requirements; Insurance; Fees and Section 4-7B-9 Driver's License Requirements; Fee and adopt a new Section 4-7B-8 Taxicab Business License and Taxicab Driver's Permit. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 7-13 Amending City of Dubuque Code of Ordinances Title 4 Business and License Regula- tions, Chapter 7 Vehicles for Hire and Public Transportation, Article B Motorized Vehi- cles for Hire, by Repealing Section 4-7B-8 Operator's Permit Requirements; Insurance; Fees and Section 4-7B-9 Driver's License Requirements; Fee and adopting a new Sec- tion 4-7B-8 Taxicab Business License and Taxicab Driver's Permit in lieu thereof. Se- conded by Resnick. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 7-13 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 7 VEHICLES FOR HIRE AND PUBLIC TRANSPORTATION, ARTICLE B MOTORIZED VEHICLES FOR HIRE, BY REPEAL- ING SECTION 4-7B-8 OPERATOR’S PERMIT REQUIREMENTS; INSURANCE; FEES AND SECTION 4-7B-9 DRIVER’S LICENSE REQUIREMENTS; FEE AND ADOPTING A NEW SECTION 4-7B-8 TAXICAB BUSINESS LICENSE AND TAXICAB DRIVER’S PERMIT IN LIEU THEREOF Whereas, the City of Dubuque Code of Ordinances Title 4, Chapter 7, Article B, Sec- tion 8 provides for the licensing and regulation of taxicab businesses; and Whereas, the City of Dubuque Code of Ordinances Title 4, Chapter 7, Article B, Sec- tion 9 provides for the permitting and regulation of taxicab drivers; and Whereas, the City Council finds that it is in the best interest of the City of Dubuque to combine the licensing, permitting, and regulation of the taxicab businesses and drivers into one ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 35 Section 1. City of Dubuque Code of Ordinances, Title 4, Chapter 7, Article B, Sec- tions 4-7B-8 and 4-7B-9 are repealed. Section 2. Section 4-7B-8 attached hereto is hereby adopted. Section 3. This Ordinance takes effect upon publication. th Passed, approved, and adopted the 18 day of February, 2013. /s/Roy D. Buol, Mayor: Attest: /s/Kevin S. Firnstahl, City Clerk nd Published in the Telegraph Herald newspaper on the 22 day of February 2013. /s/Kevin S. Firnstahl, City Clerk ARTICLE B. MOTORIZED VEHICLES FOR HIRE 4-7B-8: TAXICAB BUSINESS LICENSE AND TAXICAB DRIVER’S PERMIT: A. Taxicab Business License Requirements; Insurance; Fees. 1. Taxicab Business License Required: No person may operate a taxicab alone or as part of taxicab business without first having obtained a taxicab business li- cense from the city clerk. 2. Application For Taxicab Business License: a. An application for a taxicab business license must be filed with the city clerk's office on a form provided by the city clerk. b. The chief of police will investigate each applicant for a taxicab business license and a report of such investigation will be attached to the applica- tion for consideration by the city clerk. 3. Consideration of Application: The city clerk will, in consultation with the chief of police and upon consideration of the application and the required reports at- tached thereto, approve or reject the application. 4. Insurance Prerequisite To Issuance; Continuance In Effect: The taxicab busi- ness owner must at all times while the license is in effect provide insurance as required by the city manager. 5. Fees: No taxicab business license will be issued or renewed unless the holder thereof has paid an annual taxicab business license fee established by the city manager and an annual vehicle fee established by the city manager for each ve- hicle in such taxicab business. Such fees are for one (1) year commencing April st 1. 6. Denial, Suspension, or Revocation Of Permit: a. The city clerk may deny, suspend, or revoke issuance of a taxicab busi- ness license for good cause, including but not limited to, any of the follow- ing: (1) Violation of any of the provisions of this article; (2) Discontinuation of operations for more than sixty (60) days; (3) Violation of any ordinances of the City or laws of the United States or the state of Iowa or any other state that demonstrates the lack of fitness of the taxicab vehicle permit holder to offer public transportation; or 36 (4) Misrepresentation on the application for a taxicab business li- cense. b. Prior to the denial, suspension, or revocation, the taxicab business li- cense holder must be given not less than ten (10) days' written notice by the city clerk. c. In the event of a denial, suspension, or revocation of a taxicab business license, no other taxicab business license may be issued to such person for a period of two (2) years thereafter. 7. Appeal: Within ten (10) days after written notice of the revocation, suspension, or denial of issuance of a taxicab business license, an applicant or license holder may file with the city clerk a written notice of appeal to the city manager from such revocation, suspension, or denial. The city manager must provide the taxi- cab business with notice and an opportunity to be heard on the issue of whether the taxicab business license was properly revoked, suspended, or denied. 8. Taxicabs Registered With City Clerk: The applicant or license holder must reg- ister all vehicles operating as taxicabs for the taxicab business with the city clerk. Any new vehicles that begin operating as taxicabs after the taxicab business li- cense is obtained must be registered with the city clerk within fourteen (14) days after such vehicles are acquired. 9. Display Of Taxicab Business License: The taxicab business license must be displayed at the taxicab business location. A copy of the taxicab business license also must be displayed in each vehicle operating as a taxicab for the business and may not be removed until the expiration of the permit. 10. Personal Nature; Transferability: The taxicab business license is personal to the business and may not be sold, assigned, mortgaged, or otherwise trans- ferred. The taxicab business license applies to all registered vehicles operating as taxicabs for the license holder. 11. Property of City Clerk Upon Loss Or Closure: If any taxicab business license issued under this article is lost or mislaid or the taxicab business closes or ceas- es operations, the license holder must report such fact to the city clerk immedi- ately. Where a taxicab business license is lost or mislaid, a duplicate license will be issued upon payment of the fee as established by the city manager. B. Driver’s Permit Requirements; Fee: 1. Permit Required: No person may drive a taxicab for hire upon the streets of the city and no person who owns or controls a taxicab may allow it to be so driv- en, unless the driver of said taxicab holds a valid taxicab drivers permit issued under the provisions of this article. 2. Application For Driver's Permit: a. An application for a taxicab driver’s permit must be filed with the city clerk's office on a form provided by the city clerk. b. An applicant must have, at a minimum, a valid Iowa Class D-3 chauf- feur’s license or equivalent license issued by another state to obtain a taxicab drivers permit. Temporary restricted licenses or work permit privi- leges are not sufficient to obtain a taxicab drivers permit. c. The chief of police will investigate each applicant for a taxicab driver’s permit and a report of such investigation will be attached to the application 37 for consideration by the city clerk. Such report will state whether the appli- cant has, at a minimum, a valid Iowa Class D-3 chauffeur's license or equivalent license issued by another state. 3. Consideration of Application: The city clerk will, in consultation with the chief of police and upon consideration of the application and the required reports at- tached thereto, approve or reject the application. 4. Issuance of Permit; Duration; Annual Fee: a. Upon approval of an application for a taxicab driver’s permit, the city clerk will issue a permit to the applicant upon the payment of the fee as established by the city manager or the city manager’s designee. Such permit will be in effect for the remainder of the calendar year. The permit must be renewed every calendar year thereafter upon the payment of the fee as established by the city manager unless the license for the preced- ing year is suspended or has been revoked. b. The driver must wear the taxicab drivers permit upon the clothing of the driver at all times while operating the taxicab. 5. Compliance With City, State, and Federal Laws: A taxicab driver permitted un- der this article must comply with all city, state, and federal laws. 6. Denial, Suspension, or Revocation Of Permit: a. The city clerk may deny, suspend, or revoke a taxicab driver’s permit for good cause, including but not limited to, any of the following: (1) Failure or refusal to comply with the provisions of this article; (2) Violation of any ordinances of the city, or laws of the United States, the state of Iowa or any other state that demonstrates the lack of fitness of the holder to offer public transportation; (3) Misrepresentation on the application for a taxicab drivers permit; or (4) Violations against or loss, denial, suspension, or revocation of a taxicab driver’s state of Iowa Class D-3 chauffeur’s license or equivalent license issued by another state. b. Prior to suspension or revocation, the taxicab driver must be given not less than ten (10) days' written notice by the city clerk. c. In the event of such denial, suspension, or revocation of a taxicab driv- ers permit, no other taxicab drivers permit will be issued to such person for a period of two (2) years thereafter. 7. Appeal: Within ten (10) days after written notice of the denial, suspension, or revocation of a taxicab driver’s permit, a taxicab driver may file with the city clerk a written notice of appeal to the city manager from such revocation, suspension, or denial. The city manager must provide the taxicab driver with notice and an opportunity to be heard on the issue of whether the taxicab drivers permit was properly revoked, suspended, or denied. 8. Personal Nature; Transferability: The taxicab driver’s permit is personal to the driver and may not be sold, assigned, mortgaged, or otherwise transferred. 9. Job Change: The taxicab’s driver’s permit remains valid and personal to the driver through a change of employment. If a taxicab driver becomes employed by another taxicab company after the issuance of the taxicab drivers permit, such a 38 change of employment must be reported to the city clerk within fourteen (14) days. 10. Property Of City Clerk Upon Loss: If any taxicab drivers permit issued under this article is lost or mislaid, the taxicab driver must report such fact to the city clerk immediately. A duplicate permit will be issued upon payment of the fee as established by the city manager. 11. Reporting Requirements: If suspension, revocation, or any other disciplinary action is taken against a taxicab driver’s state of Iowa Class D-3 chauffeur’s li- cense or equivalent license issued by another state, the taxicab driver must re- port such action to the city clerk’s office. Code of Ordinances - Non-Motorized Vehicles Amendment:City Manager recom- mending approval of an amendment to Code of Ordinances Title 4, Chapter, 7, Article A Non-Motorized Vehicles, to establish procedures for the issuance of licenses for all non- motorized transportation businesses, operator permits and establish appeal procedures for application denials for a license or permit. Motion by Braig to receive and file the documents and that the requirement that a proposed ordinance be considered and vot- ed on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion carried 7-0. Motion by Braig for final consideration and passage of Ordinance No. 8-13 Amending City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chap- ter 7 Vehicles for Hire and Public Transportation, Article A Nonmotorized Vehicles, by Establishing the Procedures for the Issuance of Licenses for All Nonmotorized Trans- portation Businesses, Operator Permits for Operators of Such Nonmotorized Vehicles, and the Appeal Procedure for a Denial of an Application for a License or Permit. Se- conded by Connors. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 8-13 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 7 VEHICLES FOR HIRE AND PUBLIC TRANSPORTATION, ARTICLE A NON-MOTORIZED VEHICLES, BY ESTABLISH- ING THE PROCEDURES FOR THE ISSUANCE OF LICENSES FOR ALL NON- MOTORIZED TRANSPORTATION BUSINESSES, OPERATOR PERMITS FOR OP- ERATORS OF SUCH NON-MOTORIZED VEHICLES, AND THE APPEAL PROCE- DURE FOR A DENIAL OF AN APPLICATION FOR A LICENSE OR PERMIT Section 1. Title 4, Chapter 7, Article A of the City of Dubuque Code of Ordinances is amended to read as follows: ARTICLE A NON-MOTORIZED VEHICLES 4-7A-1: DEFINITIONS: The following words and phrases, when used in this article, shall have the following meanings: HORSEDRAWN CARRIAGE: A chauffeured non-motorized vehicle pulled by horses and engaged in the business of carrying passengers. 39 NON-MOTORIZED VEHICLE: Any conveyance designed to carry an operator and passengers which is propelled by a means other than a motor. OPERATOR: Any person who operates a non-motorized vehicle for the transport of passengers and who receives compensation for such service in wages or commissions or who is otherwise paid, directly or indirectly. PEDICAB: A chauffeured non-motorized vehicle, propelled by pedals, for the business of carrying passengers. 4-7A-2: POSTING OF RATES: No person may operate a non-motorized vehicle without posting in clear view within the passenger compartment a printed rate card large enough to be read by the passen- gers in the vehicle, showing the rates. 4-7A-3: OPERATION REQUIREMENTS: A. Age of Operator: The operator of a non-motorized vehicle must be a person who is at least eighteen (18) years of age and who holds a valid motor vehicle operator's li- cense. B. Year Round Operation: The months of operation of a non-motorized vehicle may be year round beginning April 1. C. Routes: non-motorized vehicles may be operated only on routes within the Main Street district cultural corridor as established by the city manager. The city manager may change such routes at any time in the event of a sudden hazard, construction, spe- cial event, or as the city manager otherwise determines necessary. D. Parking: The operator of a non-motorized vehicle may stop, stand, or park at any non-restricted meters in the Main Street district cultural corridor. E. Stopping For Picking Up Or Dropping Off: When collecting fees or picking up or dropping off passengers, the operator may stop, stand, or park the non-motorized vehi- cle only in approved locations or parallel to the curb, taking care not to block traffic lanes, crosswalks, or intersections, or to otherwise impede the flow of vehicular or pe- destrian traffic. F. Use of Streets: non-motorized vehicles may be operated only on city streets and may not be operated on sidewalks. G. Conducting Business on Private Property: The operator of a non-motorized vehi- cle may not conduct business on private property without the prior consent of the prop- erty owner. H. Use of Passenger Compartment: Passengers are limited to the passenger com- partment of the non-motorized vehicle and may not board or exit the vehicle while it is in motion or in a traffic lane or intersection. I. Alcoholic Beverages Prohibited: No open alcoholic beverage container or con- sumption of alcoholic beverages is allowed in a vehicle or in the possession of the op- erator or passengers. J. Posting Notices Of Charges And Routes: The operator of a business providing non-motorized vehicle transportation must post notices in each non-motorized vehicle and in each waiting room or at each station owned or used by the operator stating the charges and routes or methods of operation. K. Vehicle Equipment: non-motorized vehicles must be equipped with headlights, tail- lights, reflectors, and a slow moving vehicle sign. 40 L. Safe Condition of Vehicle: The owner or operator of a non-motorized vehicle must keep it in safe operating condition at all times. The chief of police is hereby authorized, either on complaint of any person or otherwise, to inspect a non-motorized vehicle and upon discovery of any unsafe condition, to notify the person operating the vehicle to cease operation. Thereupon said non-motorized vehicle must be kept off the street until such unsafe condition has been corrected. 4-7A-4: BUSINESS LICENSE REQUIREMENTS; FEES; INSURANCE: A. Business License Required: No person may operate a pedicab, horse-drawn car- riage, or other non-motorized passenger transportation business for the purpose of pub- lic transportation, whether or not passengers are charged for the service, without first obtaining an annual license therefor as provided in this article. B. Application for Business License: 1. An application for a non-motorized transportation business license must be filed with the city clerk on a form provided by the city clerk. 2. The chief of police will investigate each application for a non-motorized transportation business license and a report of such investigation will be attached to the application for consideration by the city clerk. C. Consideration of Application: The city clerk will, in consultation with the chief of po- lice and upon consideration of the application and the information required herein, ap- prove or reject the application. D. Insurance: Prior to the issuance of a license, the applicant must submit to the city clerk proof of, and must maintain at all times during operation of the business, such in- surance as the city manager shall determine appropriate. E. Fees: At the time of issuance of a non-motorized vehicle license, the applicant must pay to the city manager a non-motorized vehicle license fee established by the city manager. F. Denial, Suspension, or Revocation Of License: 1. A license may be denied, suspended, or revoked by the city clerk for good cause, including but not limited to, any of the following: misrepresentation on the application for a non-motorized transportation license, a violation of any of the provisions of this article, any other ordinances of the city, or laws of the United States or the state of Iowa which demonstrate the lack of fitness of the licensee to offer public transportation. 2. Prior to the denial, suspension, or revocation, the licensee must be given not less than ten (10) days' written notice by the city clerk. 3. In the event of the denial, suspension, or revocation of a non-motorized ve- hicle license, no other non-motorized vehicle license may be issued to the appli- cant for a period of two (2) years. G. Display: The non-motorized transportation license must be fastened upon the ve- hicle and may not be removed until the expiration of the license. H. Transfer Restricted: No non-motorized transportation license may be sold, as- signed, mortgaged, or otherwise transferred. 4-7A-5: OPERATOR'S PERMIT REQUIREMENTS: A. Operator’s Permit Required: No person may operate a non-motorized vehicle for hire upon the streets of the city and no person who owns or controls such vehicle may permit it to be so driven, and no such vehicle may be so driven at any time for hire, un- 41 less the driver of such vehicle has first been issued an operator’s permit under the pro- visions of this article. B. Application For Operator’s Permit: 1. An application for an operator’s permit must be filed with the city clerk on a form provided by the city clerk. 2. The city clerk will cause the chief of police to investigate each applicant for a permit and a report of such investigation will be submitted to the city clerk. Such report will state whether or not the applicant has a valid motor vehicle op- erator's license. C. Consideration of Application: The city clerk will, upon consideration of the applica- tion and the reports required by this article, approve or reject the application. D. Issuance of Permit; Duration; Annual Fee: 1. Upon approval of an application for a permit, the city clerk will issue a permit to the applicant upon the payment of an annual fee as determined by the city manager. Such permit will be in effect for the remainder of the calendar year. The permit may be renewed every calendar year thereafter upon the payment of an annual fee unless the permit for the preceding year has been denied, suspended, or revoked. 2. The operator must wear the license upon his or her clothing at all times dur- ing the operation of the vehicle. E. Compliance With City, State, and Federal Laws: An operator permitted under this article must comply with all applicable city, state, and federal laws in the operation of the non-motorized vehicle. F. Denial, Suspension, or Revocation of Permit: 1. The city clerk may suspend, revoke, or deny issuance of an operator’s per- mit for good cause, including but not limited to, any of the following: a. Failure or refusal to comply with the provisions of this article; b. Violation of any ordinances of the city, or laws of the United States, the state of Iowa or any other state that demonstrates the lack of fitness of the holder to offer public transportation; or c. Misrepresentation on the application for an operator’s permit; 2. Prior to the denial, suspension, or revocation, an operator must be given not less than ten (10) days’ written notice by the city clerk. 3. In the event of the denial, revocation, or suspension of an operator’s permit, no other operator’s permit may be issued to the person for a period of one (1) year thereafter. G. Appeal: Within ten (10) days after the denial, suspension or revocation of an oper- ator’s permit, a non-motorized vehicle operator may file with the city clerk a written no- tice of appeal to the city manager from such denial, suspension, or revocation. The city manager must provide the non-motorized vehicle operator with notice and an opportuni- ty to be heard on the issue of whether the operator’s permit was properly denied, sus- pended, or revoked. H. Personal Nature; Transferability: The non-motorized vehicle operator’s permit is personal to the operator and may not be sold, assigned, mortgaged, or otherwise trans- ferred. 42 I. Property of City Clerk Upon Loss: If any operator’s permit issued under this article is lost or mislaid, the operator must report such fact to the city clerk immediately. A du- plicate permit will be issued upon payment of the fee as established by the city manag- er. Section 2. This Ordinance takes effect on publication. th Passed, approved, and adopted the 18 day of February, 2013. /s/Roy D. Buol, Mayor: /s/Attest: Kevin S. Firnstahl, City Clerk nd Published in the Telegraph Herald newspaper on the 22 day of February 2013. /s/Kevin S. Firnstahl, City Clerk Multi-Family Rental Unit Production Round 5 - 2811-12 Jackson Street:City Manager recommending approval of an application for CDBG Multi-Family Rental Unit Production - Round 5 funding as part of a project to create multi-family rental units at 2811-2812 Jackson Street. Motion by Connors to receive and file the documents and adopt Resolu- tion No. 59-13Resolution of Support to the Iowa Economic Development Authority on behalf of Queck Property Management Group for submittal of an application for a CDBG Disaster Multi-Family Unit Production Round 5 Application. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 59-13 SUPPORT TO THE IOWA ECONOMIC DEVELOPMENT AUTHORITY, ON BEHALF OF QUECK PROPERTY MANAGEMENT GROUP FOR SUBMITTAL OF AN APPLI- CATION FOR A CDBG DISASTER MULTI-FAMILY UNIT PRODUCTION ROUND 5 APPLICATION. Whereas, Dubuque County was impacted by the floods of 2008 and the area has a critical need for additional workforce housing; and Whereas, in 2009 the Real Property Research Group financed by the IFA along with other studies concluded that there is a need for additional downtown housing; and Whereas, the City Council has prioritized the redevelopment of infill space rather than encouraging urban sprawl; and Whereas, the project is located at 2811-2812 Jackson Street and will provide much needed residential development to the downtown and North end areas; and Whereas, the City Council finds that the proposed application is acceptable and nec- essary to the growth and development of the city. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque agrees to support the CDBG Disaster Multi-Family Unit Production Round 5 Application on behalf of Queck Property Management Group for the property at 2811-2812 Jackson Street Section 2. That the Mayor is hereby authorized and directed to execute this Resolu- tion on behalf of the City of Dubuque and forward the executed copy to the Iowa Eco- nomic Development Authority. th Passed, approved and adopted this 18 day of February, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 43 Multi-Family Rental Unit Production Round 5 - 901 Jackson Street:City Manager recommending approval of an application for CDBG Multi-Family Rental Unit Production - Round 5 funding as part of a project to create multi-family rental units at 901 Jackson Street. Motion by Resnick to receive and file the documents and adopt Resolution No. 60-13Resolution of Support to the Iowa Economic Development Authority, on behalf of Tim McNamara, Wilmac Property Group, for submittal of an application for a CDBG Disaster Multi-Family Unit Production Round 5 Application. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 60-13 SUPPORT TO THE IOWA ECONOMIC DEVELOPMENT AUTHORITY, ON BEHALF OF TIM MCNAMARA, WILMAC PROPERTY GROUP FOR SUBMITTAL OF AN AP- PLICATION FOR A CDBG DISASTER MULTI-FAMILY UNIT PRODUCTION ROUND 5 APPLICATION. Whereas, Dubuque County was impacted by the floods of 2008 and the area has a critical need for additional workforce housing; and Whereas, in 2009 the Real Property Research Group financed by the IFA along with other studies concluded that there is a need for additional downtown housing; and Whereas, the City Council has prioritized the redevelopment of infill space rather than encouraging urban sprawl; and Whereas, the project is located at 901 Jackson Street and will provide much needed residential development to the downtown and North end areas; and Whereas, the City Council finds that the proposed application is acceptable and nec- essary to the growth and development of the city. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque agrees to support the CDBG Disaster Multi-Family Unit Production Round 5 Application on behalf of Tim McNamara, Wilmac Property Group for the property at 901 Jackson Street. Section 2. That the Mayor is hereby authorized and directed to execute this Resolu- tion on behalf of the City of Dubuque and forward the executed copy to the Iowa Eco- nomic Development Authority. th Passed, approved and adopted this 18 day of February, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk : Iowa Clean Air Attainment Program (ICAAP) - Rail Improvements Grant Application City Manager recommending the City submit a grant application through the Iowa De- partment of Transportation Iowa Clean Air Attainment Program (ICAAP) to provide needed improvements in the Port of Dubuque for passenger rail service from Chicago. Motion by Connors to receive and file the documents and adopt Resolution No. 61-13 Endorsing the submission of an Iowa Clean Air Attainment Program (ICAAP) Grant Ap- plication to the Iowa Department of Transportation to fund improvements to accommo- date passenger rail improvements. Seconded by Braig. Responding to questions from the City Council, the City Manager, Economic Development Director Dave Heiar and 44 Transportation Director for ECIA Chandra Ravada provided information on securing grant funds, matching funds, project timeline, the impact of the Illinois rail project, nego- tiations with the different railroads, and the benefits of locating passenger rail in the Port of Dubuque as opposed to the Historic Millwork District. Motion carried 7-0. RESOLUTION NO. 61-13 ENDORSING THE SUBMISSION OF AN IOWA CLEAN AIR ATTAINMENT PRO- GRAM (ICAAP) GRANT APPLICATION TO THE IOWA DEPARTMENT OG TRANS- PORTATION TO FUND IMPROVMENTS TO ACCMODATE PASSENGER RAIL IM- PROVEMENTS Whereas, the Iowa Clean Air Attainment Program (ICAAP) provides funding for re- ducing congestion, reducing travel or single-occupant vehicle usage, and improving air quality: and Whereas the ICAAP program is an 80/20 match, 80% federal funds, 20% local match funds; and Whereas, the City Council finds that the Passenger Rail service between Dubuque and Chicago would improve air quality in the region, improve safety and provide a new form of public transportation service for citizens of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa hereby endorses the at- tached application to the Iowa Clean Air Attainment Program which includes for a 20% local match for the passenger rail improvements. Section 2. The City also agrees to be responsible for adequately maintaining and op- erating the project for public use during the projects useful life. Section 3. That the City Manager is authorized to sign, on behalf of the City Council, the application for ICAAP. th Passed, approved and adopted this 18 day of February, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk COUNCIL MEMBER REPORTS Mayor Buol congratulated the Dubuque Senior High Speech Team on winning the State competition. There being no further business, upon motion the City Council adjourned at 7:58 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 45