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2 16 15 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:15 p.m. on February 16, 2015 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members, Braig, Jones, Lynch, Resnick, Sutton (5:21 p.m.); City Manager Van Milligen, City Attorney Lindahl Absent: Council Member Connors 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 Inclusive Dubuque. WORK SESSION Inclusive Dubuque Eric Dregne, Vice President of Strategic Initiatives for the Community Foundation of Greater Dubuque; Sarah Harris, Vice President of Workforce Operations for the Greater Dubuque Development Corporation; and Jessica Rose, Inclusive Dubuque Coordinator, provided a slide presentation on the activities of Inclusive Dubuque. Topics included: • Mission statement / purpose • History of Inclusive Dubuque • Progress: staff and communications, ID Network Partners • Community Equity Profile: definition, timeline; data, community dialogues, com- munity surveys, content specialists, increased awareness • Workforce data and skills analysis There being no further business, upon motion the City Council adjourned at 5:55 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 16, 2015 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members, Braig, Connors (via phone), Jones, Lynch, Resnick, Sutton; 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 CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Jones. Motion carried 7-0. 1. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 12/16/14; City Council proceedings of February 2, 4, 5 and 10; Five Flags Civic Center Advisory Commission of 1/22; Investment Oversight Advisory Commission of 1/28; Li- brary Board of Trustees of 12/18/14; Zoning Advisory Commission of 2/4; Proof of pub- lication for City Council proceedings of 1/20, Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Steven Klein for vehicle damage; Carl Noel for proper- ty damage; Rick Willey for vehicle damage; Estal vs. City of Dubuque for personal inju- ry. Upon motion the documents were received, filed and referred to the City Attorney. 3. Disposition of Claims: City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Steven Klein for vehicle damage; Carl Noel for property damage; Rick Willey for vehicle damage. Upon motion the documents were received, filed and con- curred. 4. Sustainable Dubuque Project Status Report: City Manager transmitting the Quar- terly Sustainable Dubuque Project Status Report for January 2015. Upon motion the documents were received and filed. 5. Quarterly Investment Report for December 31, 2014: City Manager transmitting the December 31, 2014 Quarterly Investment Report. Upon motion the documents were re- ceived and filed. 6. Dubuque Regional Airport - New Terminal Entrance Road Project Acceptance and RISE Grant Closure: City Manager recommending acceptance of the construction con- tract for the Airport U.S. 61 and New Terminal Entrance Road Intersection Project as completed by Flynn Company and RISE grant closure. Upon motion the documents were received and filed and Resolution No. 40-15 Accepting the U.S. 61 and New Ter- minal Entrance Intersection Project and closure of the Revitalize Iowa's Sound Econo- my (RISE) Grant was adopted. RESOLUTION NO. 40-15 ACCEPTING THE US61 AND NEW TERMINAL ENTRANCE ROAD INTERSECTION PROJECT AND CLOSURE OF REVITALIZE IOWA'S SOUND ECONOMY (RISE) GRANT Whereas, the Public Improvement Contract for the US61 and New Terminal Entrance Road Intersection Project has been completed and approved by the Airport Commis- sion; and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the Airport Commission is approved and the Pro- ject is hereby accepted and the RISE grant will be closed. Passed, approved and adopted this 16th day of February, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 7. Irrevocable License - 1000 Main Street: City Manager recommending approval of an Irrevocable License at 1000 Main Street with 1840 LLC to keep an existing en- croachment adjacent to the building in the public right-of-way on E. 10th Street. Upon motion the documents were received, filed and approved. 8. Purchase of Land for Right -of -Way - 767 University Avenue: City Manager recom- mending approval of the purchase of an abutting sliver for 767 University Avenue from Anna Elliott. Upon motion the documents were received and filed and Resolution No. 41-15 Approving the acquisition of land owned by Anna Elliott at 767 University, Abut- ting Silver in the City of Dubuque was adopted. RESOLUTION NO. 41-15 RESOLUTION APPROVING THE ACQUISITION OF LAND OWNED BY ANNA EL- LIOTT AT 767 UNIVERSITY, ABUTTING SLIVER IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain piece of abutting sliver of property at 767 University Avenue; and Whereas, a purchase agreement has been finalized with the owner of the property scheduled for acquisition. 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 acquisition of the following legally described property: LOT 3 OF LOT 3 OF THE SUBDIVISION OF OUT LOT 738 IN THE CITY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF At the cost of One Thousand Two Hundred Dollars ($1,500.00) Section 2. That the City of Dubuque hereby approves the acquisition of 767 Universi- ty, abutting sliver owned by Anna Elliott at the cost of One Thousand Five Hundred Dol- lars ($1,500.00). Section 3. That the City of Dubuque be and is hereby authorized to accept a Warran- ty Deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 4. That the City Clerk be and is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 5. That the City Clerk be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 16th day of February, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 9. Property Acquisition - 2300 Jackson Street: City Manager recommending approval to purchase a house located at 2300 Jackson Street from the Dolores A. Walbrun Es- tate for rehabilitation and resale. Upon motion the documents were received and filed and Resolution No. 42-15 Approving the acquisition of real estate owned by the Dolores A. Walbrun Estate at 2300 Jackson Street in the City of Dubuque was adopted. RESOLUTION NO. 42-15 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY THE DOLORES A. WALBRUN, ESTATE AT 2300 JACKSON STREET IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain real estate for the purpose of rehabbing and reselling to income qualified households; and Whereas, a purchase agreement has been finalized with the owner of the property scheduled for acquisition. 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 acquisition of the following legally described property: Lot 2 of Lot 63 in L.H. Langworthy's Addition, according to the recorded plat thereof At the cost of Ten Thousand Dollars ($10,000.00). Section 2. That the City of Dubuque hereby approves the acquisition of 2300 Jack- son Street owned by the Dolores A. Walbrun Estate at the cost of Ten Thousand Dollars ($10,000.00). Section 3. That the City of Dubuque be and is hereby authorized to accept a Court Officer's Deed on behalf of the Estate of Dolores A. Walbrun, conveying the property to the City of Dubuque, Iowa for the herein described real estate. Section 4. That the City Clerk be and is hereby authorized and directed to cause said Deed to be recorded in the office of the Dubuque County Recorder, together with certi- fied copy of the Resolution. Section 5. That the City Clerk be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 16th day of February, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 10. Preliminary Plat - Derby Grange Acres: Zoning Advisory Commission recom- mending approval of the Preliminary Plat for Derby Grange Acres subject to waiving lot frontage for Lot 6 and street width requirements for Country View Drive and Country View Court. Upon motion the documents were received, filed and approved. 11. Dubuque Board of Realtors Agreement: City Manager recommending approval of a three year agreement with the City of Dubuque's Housing & Community Development Department and the Dubuque Board of Realtors for the listing of City -owned properties. Upon motion the documents were received, filed and approved. 12. Census Boundary Map Adjustment - Joint Resolution with the City of Asbury: City Manager recommending approval of a resolution that affirms a joint agreement with the City of Asbury that seeks to correct and resolve discrepancies between the U.S. Census Bureau's boundary maps and the actual corporate limits of Asbury and Dubuque, and requesting the U.S. Census Bureau to adjust the boundary and annexation survey maps. Upon motion the documents were received and filed and Resolution No. 43-15 Joint Agreement to adjust U.S. Census Bureau boundary and annexation survey (BAS) maps along a shared boundary of the City of Dubuque, Iowa and the City of Asbury, Io- wa, was adopted. RESOLUTION NO. 43-15 JOINT AGREEMENT TO ADJUST U.S. CENSUS BUREAU BOUNDARY AND AN- NEXATION SURVEY (BAS) MAPS ALONG A SHARED BOUNDARY OF THE CITY OF DUBUQUE, IOWA AND THE CITY OF ASBURY, IOWA Whereas, the City of Dubuque, Iowa and the City of Asbury, Iowa desire to correct any and all discrepancies in the depiction of their respective corporate limits on the U.S. Census Bureau boundary and annexation survey (BAS) maps. NOW THEREFORE, BE IT RESOLVED JOINTLY BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AND BY THE CITY COUNCIL OF THE CITY OF ASBURY, IOWA: 1. The City of Dubuque hereby affirms the adjustment to the shared boundary with the City of Asbury for Area 1 and Area 2 as shown on Exhibit 1. 2. The City of Asbury hereby affirms the adjustment to the shared boundary with the City of Dubuque for Area 1 and Area 2 as shown on Exhibit 1. 3. The City of Dubuque and the City of Asbury jointly request that the U.S. Census Bureau boundary and annexation survey (BAS) maps be adjusted along the shared boundary of Dubuque and Asbury for Area 1 and Area 2 as shown on Exhibit 1. Passed, approved and adopted this 16th day of February, 2015. Roy D. Buol, Mayor, City of Dubuque, Iowa Attest: Kevin S. Firnstahl, City Clerk, City of Dubuque, Iowa Passed, approved and adopted this 24th day of February, 2015. James Adams, Mayor, City of Asbury, Iowa Attest: Sara Burke, City Clerk, City of Asbury, Iowa 13. Code of Ordinances - Adoption of Supplement No. 17: City Clerk recommending adoption of Supplement No. 17 to the City of Dubuque Code of Ordinances, which codi- fies Ordinance Nos. 55-14, 56-14, 57-14, 59-14, 60-14, 64-14, 65-14 and 66-14 as adopted by the City Council through December 31, 2014. Upon motion the documents were received and filed and Resolution No. 44-15 Adopting Supplement No. 17 to the Code of Ordinances of the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 44-15 ADOPTING SUPPLEMENT NO. 17 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No. 43-09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entire- ty; and Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolu- tion, become part of the Code of Ordinances. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 17 of the Code of Ordinances of the City of Dubu- que, Iowa, covering Ordinance Nos. 55-14, 56-14, 57-14, 59-14, 60-14, 64-14, 65-14 and 66-14 as adopted by the City Council through December 31, 2014.passed by Council and enacted through December 31, 2014, prepared by the Sterling Codifiers, Inc., and filed in the Office of the City Clerk of the City of Dubuque, Iowa is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved and adopted this 16th day of February, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 14. Alcohol and Tobacco License Renewals: City Manager recommending approval of annual liquor, beer, wine and tobacco license applications as submitted. Upon motion the documents were received and filed and Resolution No. 45-15 Approving applica- tions for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordi- nances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits; and Resolution No. 46-15 Approving ap- plications for retail cigarette/tobacco sales permits, as required by Iowa Code 453A.47A were adopted. RESOLUTION NO. 45-15 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 Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: El Paisano Grocery Store, 1543 Central Ave., Class C Beer Oky Doky #8 Foods, 535 Hill Street Suite A, Class C Beer, Class B Wine (Sunday) Sportsters Pub & Grub, 2600 Central Ave., Class C Liquor (Sunday) The Mad Hatter, 1902 Central Ave., Class C Liquor (Sunday) Passed, approved and adopted this 16th day of February, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 46-15 APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES PER- MITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Cigarette/Tobacco Sales have been submitted and filed with the City Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the following named applicants and locations for cigarette/tobacco sales permit: Road Ranger #5159, 2175 Central Ave Passed, approved and adopted this 16th day of February, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Jones. Motion carried 7-0. 1. Sale of City -Owned Property - 1318 Jackson Street: City Manager recommending setting a public hearing for March 2, 2015, for the purpose of disposing of City -owned real estate at 1318 Jackson Street to Alison Levasseur and Shane Lenane. Upon mo- tion the documents were received and filed and Resolution No. 47-15 of Intention to dispose of City -owned property, specifically, north half o Lot 56 in East Dubuque an Ad- dition to the City of Dubuque, Iowa, according to the recorded plat thereof - 1318 Jack- son Street, was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 2, 2015 in the Historic Federal Building. RESOLUTION NO. 47-15 A RESOLUTION OF INTENTION TO DISPOSE OF CITY -OWNED PROPERTY, SPE- CIFICALLY, NORTH HALF OF LOT 56 IN EAST DUBUQUE AN ADDITION TO THE CITY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF - 1318 JACKSON STREET Whereas, the City of Dubuque has obtained certain real property in connection with the Washington Neighborhood Revitalize Project; and for purpose of its acquisition, re- habilitation and re -sale for owner -occupied housing; and Whereas, the City received an offer to purchase this property from Alison G. Le- vasseur and Shane P. Lenane; and Whereas, such purpose supports the Neighborhood Stabilization Program and Wash- ington Neighborhood Revitalization strategy as approved by the City Council; and Whereas, by accepting the selected offer the City's objectives of providing home- ownership to an income qualified buyers and rehabilitation of a vacated home can be realized. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, intends to dispose of its interest in the fol- lowing legally-described property: North half of Lot 56 in East Dubuque an Addition to the City of Dubuque, Iowa, according to the recorded plat thereof; Section 2. That the City of Dubuque, Iowa, proposes to dispose of its interest in the above described real estate to Alison G. Levasseur and Shane P. Lenane for the sum of $105,000; Section 3. That the City Clerk is hereby authorized and directed to cause this Resolu- tion and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the foregoing-described Property, to be held on the 2" day of March, 2015, at 6:30 o'clock p.m. at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa. Passed, approved and adopted this 16th day of February, 2015. Roy D Buol, Mayor Attest: Kevin Firnstahl, City Clerk BOARDS/COMMISSIONS 1. Review of applications to the following board/commission. Applicants were invited to address the City Council regarding their appointment. Investment Oversight Advisory Commission: One, 3 -year term through July 1, 2015 (Vacant term of Runde). Applicant: Rachael Ferraro, 2538 Jackson St. 2. Appointments were made to the following board/commissions. Community Development Advisory Commission: One, 3 -year term through February 15, 2018 (Expired term of Wainwright), Applicant: Thomas Wainwright, 1788 Lori St. Motion by Jones to appoint Thomas Wainwright to a 3 -year term through February 15, 2018, Seconded by Braig. Motion carried 7-0. Sister City Relationships Advisory Commission: Three, 3 -Year terms through Febru- ary 1, 2018 (Expired terms of Jochum, Lee and McNamara) Applicants: Jeffrey Jochum, 3750 Aerostar Dr.; Phyllis Lee, 520 South Grandview Ave.; Patrick McNamara, 381 Moore Heights. Motion by Braig to appoint Jeffrey Jochum, Phyllis Lee, and Patrick McNamara to 3 -year terms through February 1, 2018. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. 1. Request to Rezone - 1100 Carmel Drive: Proof of publication on notice of public hearing to consider approval of a request by the Sisters of Charity BVM / Lakota Group to rezone property located at 1100 Carmel Drive from R-1 Single -Family Residential to PUD Planned Unit Development, and the Zoning Advisory Commission recommending approval subject to listing seminary and museum as conditional uses. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Sr. Teresa Hadro, BVM, in- troduced Mike Jansen of IIW Surveyors who provided a slide presentation about the re- quest that included additional clarifications of conditional uses and planning for persons with disabilities. Planning Services Manager Laura Carstens provided a staff report. Mo- tion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 9-15 Amend- ing Title 16 of the City of Dubuque Code of Ordinances Unified Development Code by Reclassifying Hereinafter Described Property Located at 1100 Carmel Drive from R-1 Single -Family Residential to PUD Planned Unit Development with a PR Planned Resi- dential Designation. Seconded by Lynch. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 9-15 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES UNI- FIED DEVELOPMENT CODE BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1100 CARMEL DRIVE FROM R-1 SINGLE-FAMILY RES- IDENTIAL TO PUD PLANNED UNIT DEVELOPMENT WITH A PR PLANNED RESI- DENTIAL DESIGNATION NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by reclassifying the hereinafter described property from R-1 Single -Family Residential District to PUD Planned Unit Development District with a PR Planned Residential designation, and adopting a conceptual development plan, a copy of which is on file with the City Clerk's Office, for the property at 1100 Car- mel Drive as depicted in the attached Exhibit A. Section 2. Attached hereto and made a part of this zoning reclassification approval is the Conceptual Development Plan for the Mount Carmel 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 pat- terns, grades, and usable building sites. The general plan layout, including the relation- ship of land uses to the general plan framework and the development requirements shall be used as the implementation guide. The provisions of the City of Dubuque Uni- fied Development Code shall apply to the development of the property included in this Planned Unit Development unless specifically regulated by this Ordinance. A. Use Regulations Permitted Uses 1.Cemetery, Mausoleum, Columbarium 2. Hospice 3. Housing for the elderly or persons with disabilities 4. Library 5. Licensed adult day services 6. Multiple -family dwelling* 7. Nursing or convalescence home 8. Parking structure 9. Off-street parking 10. Place of religious exercise or assembly 11. Single -Family Dwelling (detached)* 12. Two -Family Dwelling (duplex)* 13. Townhouse* 14. Limited to Seniors or Persons with Disabilities Conditional Uses: Subject to the provisions of Section 16-8.5 of the Unified Develop- ment Code. 1. Group homes 2. Keeping of horses or ponies 3. Licensed child care center 4. Museum 5. Seminary Accessory Uses: Subject to provisions of Section 16-3.8 of the Unified Development Code. 1. Any use customarily incidental and subordinate to the principal use it serves. 2. Detached garage 3. Fence 4. Garage sales 5. Keeping of hens 6. Home-based businesses 7. Non-commercial garden greenhouse or nursery 8. Satellite receiving dish 9. Solar collector 10. Sport, recreation or outdoor cooking equipment 11. Storage building 12. Tennis court, swimming pool, or similar permanent facility 13 Wind turbine (building -mounted) B. Bulk Regulations (1) Minimum building and/or garage setback from public right-of-way or edge of pavement Minimum lot area • Single -Family Residential — 5,000 sq. ft. • Two -Family (duplex) — 5,000 sq. ft. • Townhouse — 1,600 sq. ft./du • Multi -family dwellings — 2,000 sq. ft. Minimum lot frontage width — 50 ft. Minimum lot frontage townhouse — 16 ft./du Maximum building coverage — 40% Maximum building height • Number of stories - 4 • Height — 60 ft. Minimum yards • Front — 25 ft.(1) • Side(2) — 10 ft. • Rea — 20 ft. Open Space Requirements • Minimum permeable open space (3) — 40% Setback requirements (4) • Internal roadway setbacks (5) — 25 ft. • Site perimeter setback (6) — 25 ft. Landscape buffer requirements (6) • site perimeter landscape buffer - 25 ft. (2) Where no lot lines exist, 20 feet of clearance is required between buildings. (3) Includes easements, setbacks, wooded areas, and landscape buffers, internal roadway setbacks, and parking area landscape, excludes all hardscape. (4) Figure 1.2: PUD Setback Requirements (5) Setback calculated from edge of pavement on private drives. (6) See Figure 1.3: PUD landscape and Open Space Requirements. C. Roadways The private roadways in this PUD shall conform to the City of Dubuque Unified De- velopment Code and SUDAS as adopted by the City. D. Parking 1. Parking Requirements Parking areas shall accommodate sufficient parking while minimizing impervious sur- faces and the visual impact of large lots. Parking requirements will follow city standards as outlined in the City of Dubuque Unified Development Code (Section 14-6 Off -Street Parking Requirements), except for the following uses: • Housing for the elderly or persons with disabilities: 0.7 spaces per dwelling unit • Nursing or Convalescence Home: 1 space per 6 beds PLUS 1 space per 4 employees on the largest shift 2. All surface parking lots shall be designed to: • Integrate and link existing parking areas with new parking areas for improved pedestrian and auto circulation. • Accommodate pedestrian routes through parking areas to building entrances. • Accommodate snow removal and storage. • Comply with City lighting standards and minimize impact on surrounding prop- erties. 3. All parking structures shall be designed to: • Comply with City requirements for vehicular and pedestrian access, ADA compatibility, safety, lighting and ventilation. • Clearly identify with signage all pedestrian and vehicular entrances to parking structures. • Integrate ample floor -to -ceiling heights to maximize light and visibility, and ac- commodate a wide variety of vehicle sizes. • Incorporate where feasible, flat floors to minimize driver confusion and maxim- ize light, visibility and safety. • Integrate into land contour and grading opportunities to minimize above grade height and mass when appropriate. All parking areas shall comply with the landscape standards set forth in Section F: Landscape Standards. 4. Dimensional Requirements Minimum parking stall dimensions shall be 8.5' x 18' with 24' drive aisles to accom- modate two-way traffic. Accessible parking space requirements shall adhere to standard outlined in the City of Dubuque Unified Development Code (Section 14-7 Accessible Parking Space Requirements). 5. Bicycle Parking Bicycle parking shall be considered and placed in safe, convenient locations near building entrances and comply with Section 16-13-3.5.1 of the Unified Development Code. E. Loading and Service Areas The visual impact of loading and service areas on a building, site or adjacent sites and uses should be minimized. Loading and service areas are not allowed in the right- of-way or within any setbacks. 1. All loading and service areas shall be designed to: Provide access to a street or alley in a manner that will create the least possible inter- ference with through traffic movements. No curb cut shall exceed 30 feet in width. 2. Accommodate maneuvering space to allow vehicles to access and exit the space without having to make backing movements on or into a public or private street. 3. Provide fixed lighting that prevents direct glare of beams onto any other property or street by the use of luminaire cutoffs. All lighting shall be reduced to security levels at all times of nonuse. 4. Have masonry or other screening materials that complement materials used on campus buildings, and that are effective in every season. 5. Comply with the landscape screening requirements set forth in Section F: Land- scape Standards. 6. Outside storage of materials, equipment or trucks shall be kept to a minimum and located in areas that are screened from views by a permanent, solid and year round screening element. Sharing of loading, trash and utility areas between buildings shall be considered for ease of maintenance, to reduce land needed for such functions and to improve the visual quality of the Campus. F. Landscape Standards 1. General Description and Intent The natural character of the site should be preserved and enhanced as campus land use changes. Site landscaping will be designed in a naturalized pattern to complement the bluffs, ravines, and other natural features of the site, work with the architectural form of buildings, provide shade, create outdoor spaces for employees, residents and visi- tors, and buffer parking lots. These landscape standards build on elements of the City of Dubuque Unified Development Code to provide landscape requirements for plant mate- rial, parkways and site buffer and parking lot treatments that: • Preserve or enhance the appearance and character of the property and its surroundings. • Reduce noise and air pollution, light glare, soil erosion and solar heat gain. • Provide buffering between land uses and zoning districts of differing intensity. • Promote the preservation of existing significant vegetation. • Improve the appearance of parking areas and properties abutting public rights- of-way. 2. Landscape Requirements Overall Site Landscape Requirements Minimum permeable open space will be calculated at 40 percent of the entire site dedicated under review. • Permeable open space calculations may include easement areas, perimeter setbacks, woodlands, landscape buffers, internal roadway setbacks (park- ways), and parking lot landscape. Minimum site landscape plant quantities shall be calculated at one plant per unit per 2,000 square feet of site landscape area. • Street trees planted in the parkway or in the public right-of-way shall not be counted toward fulfillment of the minimum site requirements for number of trees. • Parking lot landscape requirements shall not be counted toward fulfillment of the minimum site requirement for number of trees. • Existing trees to be retained on site may be counted toward fulfillment of the landscaping requirements. 3. Plant Units A plant unit is a measurement used to determine the quantity of plant material re- quired for screening and shading. One plant unit is comprised of any of the following el- ements: • One canopy tree • Two under-story or ornamental trees • Two evergreen trees • Seven shrubs (large or small, deciduous or evergreen) Plant unit calculations establish the total quantity of required plant material while al- lowing the landscape architect flexibility in allocating and distributing plant material. Ex- isting plant material protected during construction may be used to satisfy the plant mate- rial requirements provided the type and size of the plant material meets the plant mate- rial standards and the plant material is not an invasive or noxious variety. 4. Perimeter Buffer Landscape Requirements Perimeter buffer landscape will help create a transition from the adjacent residential uses on the north and west to the campus. Plant material shall consist of a variety of deciduous and evergreen trees and shrubs as shown in Figure 2.1: Typical Perimeter Buffer Planting. A minimum total of three (3) plant units per 100 linear feet of buffer shall be installed. • Only required access drives and sidewalks shall break through a perimeter landscape open space. Every perimeter buffer landscape open space shall be designed and main- tained to preserve unobstructed views of the street and sidewalk at points of access and to not interfere with or be damaged by work within any public utility easement, unless the City shall determine that no other location is reasonably feasible. 5. Parkway Landscape Requirements A consistently planted parkway will add to the overall Campus character by providing an appealing arrival sequence and uniform experience around, into and through the Campus. All streets shall include 2 canopy trees per 100 feet of road frontage. These trees may be located in closer proximity to each other to create clustering or massing of plant material instead of a consistent on-center planting approach as long as they are located within the roadway setback, see Figure 2.2: Typical Parkway Planting. 6. Parking Lot Landscape Requirements The following are standards for the design of parking lot interior and perimeter land- scape areas which build upon the standards defined in the City of Dubuque Unified De- velopment Code. Figure 2.3: Typical Parking Lot Planting reflects a minimum treatment for a typical parking lot. • Parking bays in excess of 11 spaces in length shall provide landscaped is- lands at the ends of each aisle. Parking bays in excess of 20 spaces in length shall be divided by intermediate landscaped islands, and provide landscaped islands at the ends of each aisle. • A landscaped island for a single parking bay shall be a minimum of 9 feet wide by 18 feet long and shall contain the equivalent of two (2) plant units. A landscaped island for a double parking bay shall be a minimum of 9 feet wide by 36 feet long and shall contain the equivalent of four (4) plant units. If the required planting ratio is not obtainable in a healthy landscape environ- ment, then the remaining plant material required by this calculation may be placed in close proximity of the parking lot. This additional area should be in- tegrated with the parking lot perimeter landscape. All parking lot landscape areas shall be protected by raised curbs with a mini- mum height of 4 inches. Except for in swales, the finished grade (crown) or interior planting areas shall not be less than 3 inches above curb or pavement. A landscaped buffer strip shall be provided along the frontage of all surface parking areas at least 10 feet wide along the public right-of-way. The buffer strip shall be planted with a minimum of 7 plant units per 100 linear feet of buffer. Landscaped earth berms and or decorative walls and fences are per- mitted provided they are integrated with the landscape screening described above. The use of biofiltration methods of landscape and drainage design is encouraged. A landscaped buffer strip of at least seven feet wide shall be provided along the remaining sides of all surface parking lots. The buffer strip shall be planted with a minimum of 5 plant units per 100 linear feet. Prior to planting, all interior areas shall be excavated to a depth of 3 feet and amended with a soil mixture consisting of 1 part screened topsoil, 1 part exist- ing topsoil, and 2 parts of organic compost or an approved equivalent, with the exception of other soil mixtures as necessary to accommodate Low Impact Development features. This requirement may be waived upon confirmation by the City Planner that the pre-existing soil is suitable for planting and drainage, and that no amendments are necessary. All landscaped areas that are not planted in grass shall be finished with a 3 - inch layer of mulch. 7. Intersection Visibility In accordance with the requirements of the City of Dubuque Street Tree and Land- scaping on Public Right -of -Way Policy, nothing shall be erected, placed, planted, or al- lowed to grow in such a manner as to impede or obstruct vision between a height of 3 to 10 feet above the road crown in areas adjacent to intersecting streets, drives or alleys. This area is defined by: Trees shall be planted at least fifty (50) feet from the edge of street intersec- tions, traffic control lights and stop signs; at least ten (10)feet from driveways; and fifteen (15) feet for alleys • Trees shall be planted at least two feet from the back of curb. 8. Plant Materials Plant material used to satisfy the standards of this section shall comply with the fol- lowing standards: • Unless otherwise expressly provided, all plant materials used to satisfy the re- quirements of this section shall meet the following minimum size requirements: Plant Type - Minimum Size Canopy tree - 2-1/2" caliper Under -story or ornamental tree - 2" caliper or 8' height Evergreen tree - 8' height Deciduous shrub - 18" height (small), 30" height (large) Evergreen shrub - 24" width • Species of plant material shall require approval from the City. Plants installed to satisfy the requirements of this section shall meet or exceed the plant quality standards of the most recent edition of American Standard for Nursery Stock, published by the American Association of Nurserymen. Plants shall be capable of withstanding the extremes of individual microclimates. All required landscape areas not dedicated to trees, shrubs, or preservation of existing vegetation shall be landscaped with grass, ground cover, or other landscape treatment, not including sand, rock, or pavement. For each plant type associated with the landscape requirements of this sec- tion, no single plant species shall represent more than 40% of the total plant- ings. Plant material shall be installed so it relates to the natural environment and habitat in which it is placed. Native vegetation shall be utilized in all instances unless site conditions or availability of species warrant the use of cultivars or similar materials compatible with the area. The scale and nature of landscape material should be appropriate to the site and structures. For example, larger scaled buildings should be complemented by larger scaled plants. Plant material should be selected for its form, texture, color and concern for its ultimate growth. 9. Tree Survey and Preservation Plan As part of any development plan submission, a tree survey shall be conducted by a certified arborist. The survey shall delineate the limits of all vegetated woodland areas on site. All specimen trees not located in vegetated woodland areas that measure 8" or greater at Direct Breast Height (DBH) shall be tagged, identified and recorded. Based on this tree survey, all trees in below average or poor condition, of a noxious species, or that measure less than 8" DBH can be removed from the property at the discretion of the owner to assist in providing a healthier growing environment for the existing tree stands. The tree inventory shall rate tree condition and form as follows: • 5 — POOR CONDITION: A rating of 5 shall be given to a tree that has a signifi- cant deadwood, bad sweep or lean, disease or damage by insect pests or lar- vae, lightning damage, split, or other physical damage. • 4 — BELOW AVERAGE CONDITION: A rating of 4 shall be given to a tree that has some deadwood, minor sweep or lean, distorted shape, trunk of bark damage, multiple stems, or poor physical quality. • 3 — FAIR CONDITION: A rating of 3 shall be given to a tree that is average in condition, form, physical state, appearance and health. • 2 — ABOVE AVERAGE: A rating of 2 shall be given to a tree that has little or no damage, sound, good shape and form, and is good in overall physical qual- ity. • 1 — EXCELLENT CONDITION: A rating of 1 shall be given to a tree that is ex- cellent in appearance, condition and form, balanced branching and healthy. The following tree species identified are considered noxious: • Buckthorn The following tree species identified are considered undesirable: • Box Elder • Siberian Elm • White Mulberry The preservation of existing healthy trees and natural landscape features on a site is encouraged. The number of new plant materials may be reduced when existing trees of a desirable species in a healthy growing condition are preserved within the area of the perimeter landscape or open space. Credit for the preservation of existing trees 8 inch- es in caliper (deciduous or 8 feet in height (evergreen) shall be as follows, but in no in- stance shall a developer or property owner receive greater than a maximum of 50% credit towards the number of required trees: Size of Preserved Tree - Tree Credit 1 canopy or under -story tree, 6" to 12" caliper 1 evergreen tree or multi -stem under -story tree, 6'-12' - 3 trees 1 canopy or under -story tree, 12" to 30" caliper 1 evergreen tree or multi -stem under -story tree, more than 12' height - 4 trees 1 canopy tree or under -story tree, more than 30" caliper - 5 trees 10. Vegetative Woodland Preservation Wooded areas 2 acres in size or larger, or groves of trees with 10 or more individual trees having a diameter of at least 12 inches and a canopy cover of at least 50 percent of the area encompassed by the trees shall be delineated on the submitted plans. Such woodlands shall have 20% retention protected. All woodland areas retained must have a buffer of 50' from the trunks of trees to be preserved, to protect the trees. If the City determines that a required woodland area cannot be retained due to site constraints or infrastructure requirements, replacement trees must be planted at a rate of one tree for every 200 square feet of woodland re- moved from the retention area. When that is not feasible, mitigation may take place by planting supplemental trees at an off-site woodland approved by the City. Exceptions With the incorporation of Best Management Practices (BMPs), Low Impact Develop- ment practices (LIDS) or other Sustainable Design practices into the project, the re- quired landscaping may be reduced or arranged in a manner that will enhance the de- sign concept at the discretion of the City of Dubuque. Considerations shall include the following: • Swales or bio -filters placed in islands or at the perimeter of parking areas, de- signed to improve the filtration and quality of stormwater runoff. • Proposals to modify the type or quantity of landscape materials may be al- lowed in exchange for the installation of plant species such as native trees, shrubs, grass or perennials that will enhance the filtering capacity of the site and promote the use of diverse native species. • Proposed swales or filters using a structural pervious surface may be used for parking or drive aisles provided such features are designed to withstand ve- hicular loads. G. ARCHITECTURAL STANDARDS All buildings shall have a balanced, integrated design theme that strives to incorpo- rate solid architecture that fits within a Campus -wide character. 1. Building Scale and Massing The size and orientation of buildings is critical to achieving a balanced overall Cam- pus design. The following items shall be addressed to achieve appropriate scale and massing. • Rather than single, large building masses, buildings shall be clustered togeth- er where feasible to promote efficient street/driveway systems, shared parking, integrated open spaces and pedestrian linkages between buildings. • Where feasible, buildings and main entries shall be located along the Campus Loop Road to foster a welcoming pedestrian environment. In no instance shall a building's rear entrance or service area be oriented towards the Loop Road or internal access drives. • Building orientation and design elements shall encourage overall visual conti- nuity. • To the greatest extent possible buildings shall be oriented to take advantage of natural light view sheds and passive solar opportunities. 2. Architectural Styles and Building Materials & Colors Architectural styles should be carefully balanced and coordinated with the style, ma- terials, color and massing of other buildings seen throughout the Campus. • A balance of proportions and scale through vertical and horizontal rhythm and facade articulation should be set. • Unarticulated, flat front buildings are prohibited. • A building's main entrance should be clearly defined within the facade. • Building projections shall be pedestrian-scaled and proportional to the building facade. • Structures should be consistent with residential scale and articulation, espe- cially on street facing elevations. 3. Building Materials A range of acceptable building materials shall be considered to enhance architectural interest and Campus character. All new buildings should be constructed with a blend of high quality materials such as masonry (brick and stone) and wood. Limited amount of "glass skin" or decorative stucco may be considered if they are considered accent materi- als rather than primary materials. In addition, a limited amount of cement board siding may be used in combination with other approved materials if it is an accent rather than primary material. Since all future Campus buildings will be highly visible from roads, access drives and open space, architecture should be complete and wrap all four sides of the building. Primary building materials used on the front or main building facade shall be continued on the side and rear facades. The number of materials on any exterior building face should be limited to no more than three to avoid clutter and visual overload. The following building materials shall not be used as exterior building materials or on any exterior walls: Concrete finishes or precast concrete panels (tilt wall) that are not exposed aggregate, hammered, sandblasted or covered with a cement-based acrylic coating. Metal panels with a depth of less than 1 inch or a thickness less than US Standard 26 gauge. Mirrored glass with a reflectance greater than 40% shall not cover more than 40% of exterior walls. 4. Building Colors The use of a limited range of neutral or natural colors is encouraged. Building colors shall be compatible with the Campus character and subtly enhance a building's visual appeal. • Natural colors and complementary colors shall be used for primary building fa- cades and roof forms. Neutral earth tones (beige to brown), shades of gray, traditional colors (brick red, dark green, navy blue) or light, subdued hues are acceptable. Contrasting accent colors, which are compatible with the colors listed above, are acceptable for secondary facades or accent colors or details. Primary, bright or excessively brilliant colors are prohibited unless used in very limited applications for subtle trim accents or specifically for art/sculptural ele- ments of a building. Building facade colors should be kept to two or three colors or hues of individ- ual colors. The color of visible roof forms should also be considered when se- lecting colors. 5. Sustainable Design Principles Best management practices for efficient and sustainable development shall be taken into consideration. The following design principles highlight areas to focus on for future development: • Recycled materials. • Local source material acquisition. • Reduced construction waste. • Health conscious building materials and systems. • Energy efficient materials and systems. • Building rehabilitation. • Stormwater Best Management Practices. • Vegetative swales, rain gardens and expanded wetlands • Water recapture systems • Ground water recharge • Low volume irrigation systems H. SIGN STANDARDS 1. Sign Standards a. Purpose The purpose of these sign standards is to maintain and enhance the aesthetic envi- ronment, maintain pedestrian and traffic safety and minimize the distractions, hazards and obstructions caused by signs, and to minimize the possible adverse effects of signs on nearby public and private property. b. Sign Area, Height and Number The size, height, and number of allowed signs shall be regulated by Article 15-11.13 of the Unified Development Code unless further regulated by the PUD Ordinance. c. Prohibited Signs Pylon, rooftop, neon, internally illuminated awnings, fabric banners, official flags of nations, states, or political subdivisions thereof, wooden, and electronic message center signs are prohibited. d. Sign Lighting Sign illumination shall comply with the following requirements: • Illumination of a sign within 100 feet of and visible from any property zoned Residential shall be extinguished between the hours of 11:00 p.m. and 7:00 a.m. every day. • Traffic signs shall comply with MUTCD regulations. e. Location and Scale Signs shall not obstruct significant architectural details or elements, including windows and doorways. All ground -mounted signs shall be placed within planting areas that are coor- dinated in design for the overall site. f. Text and Materials Text on all signs shall be simple and easy to read. It is important that all message wording be selected to maximize information being conveyed while using the most con- cise vocabulary. A sign with a brief, succinct message is more user-friendly, and will have a cleaner look. All directional lettering shall be a mix of upper and lower case let- tering with the first letter of every word capitalized. Avoid spacing letters too close to- gether as crowding will make the sign more difficult to read. Signs shall be constructed of high-quality, durable materials. Brick and mortar or nat- ural stone bases are to be constructed with materials that complement the building ar- chitecture. g. Exceptions Home address or family name plaques are excluded from the above requirements. h. Exterior Graphics or Art Painting of garage doors with multiple colors or designs is prohibited. All garage doors shall be one color, with a second color allowed for accents only. I. Performance Standards The development and maintenance of uses in this PUD District shall be established in conformance with the following standards. 1. Platting: Subdivision plats and improvement plans shall be submitted in ac- cordance with Article 11. Land Subdivision, of the City of Dubuque Unified De- velopment 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 construction of each building and vehicle -related feature unless otherwise exempted by Ar- ticle 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 Dubu- que. Other applicable regulations enforced by the City of Dubuque relative 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 Chap- ter 33, Article IV, Noises, of the City of Dubuque Code of Ordinances. 5. 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 fu- ture parking, loading spaces or driveways or for parking provided in excess of the minimum required number of parking spaces shall not reduce the minimum required area for open space. 6. 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 manage- ment of property in the PUD District. J. Transfer of Ownership Transfer of ownership or lease of property in this PUD District shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. K. Modifications Any modifications of this Ordinance must be approved by the City Council in accord- ance with zoning reclassification proceedings of Article 9-5 of the Unified Development Code. 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. Passed, approved and adopted this 16th day of February, 2015. /s/Roy D. Buol, Mayor: Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 20th day of February, 2015. /s/Kevin S. Firnstahl, City Clerk 2. Request to Rezone - 221 & 250 East 8th Street and 300 East 9th Street: Proof of publication on notice of public hearing to consider approval of a request from the City of Dubuque to rezone property located at 221 & 250 East 8th Street and 300 East 9th Street from HI Heavy Industrial to PUD Planned Unit Development with a PC Planned Commercial description; and the Zoning Advisory Commission recommending approval. Motion by Jones to receive and file the documents and that the requirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Plan- ning Services Manager Laura Carstens provided a staff report and spoke on behalf of the City of Dubuque as applicant. Jeff Goodman of Goodman Law, PC, of West Des Moines, on behalf of JELD-WEN Property Manager Jeff Woolworth; and JELD-WEN employee Justin [Wherrity] spoke in opposition to the rezoning. Dan McDonald, Greater Dubuque Development Corporation, 900 Jackson Street, spoke in support of the rezon- ing. Motion carried 6-1 with Sutton voting nay. Motion by Jones for final consideration and passage of Ordinance No. 10-15 Amend- ing Title 16, The Unified Development Code of the City of Dubuque Code of Ordinances by Amending Ordinance 02-12 Which Established Regulations for a PUD Planned Unit Development District with a Planned Commercial Designation for the Historic Millwork District PUD and now Being Amended to Allow for the Inclusion of 221 & 250 E. 8th Street and 300 E. 9th Street. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 10-15 AMENDING TITLE 16, THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY AMENNDING ORDINANCE 02-12 WHICH ESTABLISHED REGULATIONS FOR A PUD PLANNED UNIT DEVELOPMENT DIS- TRICT WITH A PLANNED COMMERCIAL DESIGNATION FOR THE HISTORIC MILLWORK DISTRICT PUD AND NOW BEING AMENDED TO ALLOW FOR THE IN- CLUSION OF 221 & 250 E. 8TH STREET AND 300 E. 9th STREET NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances is hereby amended by amending Ordinance 02-12 and 38-13 which es- tablished regulation for a Planned Unit Development District with a Planned Commercial District designation and now being amended to allow for the inclusion of the following described property, to wit: City Lot 415A (10-24-484-009), S 26' of City Lot 415 (10-24-484-005), City Lots 402, 403, N 25'2" Lot 415, 416 & 416A (10-24-484-010), Pt of City Lot 509 Pt of 2-4 of City Lot 509A (10-24-485-001), NW Pt of Lot 1 Midwest Lumber Co PI (10-24-490-001), City Lots 405, 405A, 406, 407, 408, 409, 410, 411, 412, 413, 414 & 2- 417 (10-24- 489-002) highlighted in Exhibit A, and to the centerline of the adjoining public right-of- way, all in the City of Dubuque, Iowa. A. Use Regulations. The following regulations shall apply to all uses made of land in the above-described PC Planned Commercial District: Principal permitted uses: The following uses are permitted in the Historic Millwork District PUD: 1. Places of religious exercise or assembly. 2. Public, private or parochial school approved by State of Iowa (K-12). 3. Public or private park, golf course, or similar natural recreation area. 4. Railroad and public or quasi-public utility, including substation. 5. Residential use. 6. Housing for the elderly and persons with disabilities (not identified with (5) above). 7. Noncommercial art gallery. 8. Museum or library. 9. School of private instruction. 10. Private club. 11. General office. 12. Medical office or clinic. 13. Dental or medical lab. 14. Barber or beauty shop. 15. Hotel. 16. Shoe repair. 17. Laundry or drycleaner. 18. Bakery (wholesale or commercial). 19. Retail sales or service. 20. Indoor restaurant. 21. Bar or tavern. 22. Supermarket. 23. Tailoring or alterations. 24. Furniture or home furnishing. 25. Appliance sales or service. 26. Animal hospital or clinic. 27. Laundromat. 28. Furniture upholstery or repair. 29. Artist studio. 30. Photographic studio. 31. Neighborhood shopping center. 32. Business services. 33. Department store. 34. Auditorium or assembly hall. 35. Indoor theater. 36. Bank, savings and loan, or credit union. 37. Indoor amusement center. 38. Vending or game machine sales and service. 39. Indoor recreation facility. 40. Mail order house. 41. Printing or publishing. 42. Parking structure. 43. Vocational school. 44. Business or secretarial school. 45. Passenger transfer facility. 46. Warehousing and storage facility. 47. Artisan production shop. Accessory Uses: The following accessory uses are permitted in the Historic Mill- work District PUD: 1. Any use customarily incidental and subordinate to the principal use it serves. 2. Boiler system in use as part of an industrial business or use. 3. Outdoor seating as part of an indoor restaurant, bar or tavern. Conditional Uses: The following conditional uses are permitted in the Historic Millwork District PUD, subject to the provisions of Article 8 of the Unified Development Code that establishes requirements for application to the Zoning Board of Adjustment for a condi- tional use permit, and any other specific conditions listed below for a conditional use. 1. Drive-in or carry-out restaurant. 2. Drive-up automated bank teller. 3. Vehicle rental. 4. Construction supplies sales and service. 5. Contractor shop or yard. 6. Wholesale sale/distributor. 7. Agricultural supply sales. 8. Lumberyard or building materials. 9. Laboratory for research, development or engineering, provided that such use com- plies with all local, state, and federal regulations governing hazardous substances, haz- ardous conditions, hazardous wastes, and hazardous materials. 10. Freight transfer facility. 11. Moving or storage facility. 12. Millworking. 13. Manufacture, assembly, repair or storage of electrical or electronic products, components or equipment. 14. Manufacture or assembly of musical instruments; toys; watches or clocks; medi- cal, dental, optical or similar scientific instruments; orthopedic or medical appliances; signs or billboards. 15. Manufacturing, compounding, assembly or treatment of articles or products from the following substances: clothing or textiles; rubber, precious or semiprecious stones or metals; wood; plastics; paper; leather; fiber; glass; hair; wax; metal; concrete; feathers; fur; cork; and celluloid or cellulose products. 16. District energy system. 17. Private energy generation facility. 18. Exterior storage. 19. Licensed child care centers, provided that: a. Such facility shall supply loading and unloading spaces so as not to obstruct public streets or create traffic or safety hazards; b. All licenses have been issued or have been applied for and are awaiting the outcome of the state's decision; and c. Such use shall not be located within the same structure as any gas station, bar/tavern, automated gas station or any facility selling, servicing, repairing, or renting vehicles. d. The conditional use applicant certifies that the premises on which the licensed child care center will be located complies with, and will for so long as the li- censed child care center is so located, continue to comply with all local, state and federal regulations governing hazardous substances, hazardous condi- tions, hazardous wastes, and hazardous materials. e. If the applicant is subject to the requirements of Section 302 of the Superfund Amendments and Reauthorization Act of 1986, as amended, the Emergency Management Director shall certify whether or not the applicant has submitted a current inventory of extremely hazardous substances kept or stored on the premises. If any such extremely hazardous substances are kept or stored on the premises, the applicant shall also post in a conspicuous place on the premises a notice indicating a description of the extremely hazardous sub- stances, and the physical and health hazards presented by such substances. f. Applicant shall submit an evacuation plan for approval by the City, both written and drawn, that details where the children will go in the event of a hazardous materials incident. The plan shall include a "house in place" scenario in which the children can be kept safely within a room of the building that has no pene- tration to the outside (windows, doors, etc.). g. Applicant shall submit plans for approval by the City that indicate the installa- tion of a main emergency shut-off switch for the heating, ventilation, and air conditioning (HVAC) system to minimize the infiltration risk of airborne haz- ardous materials. B. Lot and Bulk Regulations. The following bulk regulations shall apply in the Historic Millwork District PUD, sub- ject to the provisions of the Unified Development Code. 1. Setbacks: a) Front yard = 0 feet b) Side yard = 0 feet c) Rear yard = 0 feet 2. Building Height = no maximum. 3. New Construction Transition. New construction on the blocks between 12th Street and 11th Street should transition in scale from the Washington Neigh- borhood to the District PUD. C. Sign Regulations. The number, size and location of signs in the Historic Millwork District PUD shall be regulated in accordance with Exhibit C and all other applicable regulations of Article 15 of the Unified Development Code. 1. A comprehensive sign plan is required as part of the sign permit submittal for all multi-tenant buildings. 2. Free-standing signs in the District PUD shall be monument-style signs. 3. The design of signage shall comply with the Downtown Design Guidelines for signs. Waiver requests from these guidelines shall be reviewed by the Historic Preservation Commission in accordance with the provisions of Article 10 of the Unified Development Code. 4. Variance requests from sign requirements established in Article 15 of the Uni- fied Development Code shall be reviewed by the Zoning Board of Adjustment in accordance with provisions of Article 8 of the Unified Development Code. 5. Off-premise signs are prohibited in the Historic Millwork District PUD. D. Performance Standards. Creation of a viable, equitable, and livable mixed-use neighborhood in the Historic Millwork District PUD that includes residential, retail, office, commercial, and industrial uses requires both strategy and flexibility for its sustainability. The development and maintenance of uses in the Historic Millwork District PUD conceptually should follow the goals, objectives, and recommendations of the Historic Millwork District Master Plan, incorporated herein by reference and on file in the Planning Services Department. The development and maintenance of uses in the Historic Millwork District PUD shall be regulated as follows: 1. Conceptual Development Plan a. Referenced herein as Section 5. Development Summary of the Historic Millwork District Master Plan, and shown on Exhibit B, on file in the Plan- ning Services Department, and made a part of this zoning reclassification by reference as the Conceptual Development Plan for the Historic Millwork District PUD. b. It is recognized that minor shifts or modifications to the general plan layout may be necessary and compatible with the need to acquire workable street patterns, grades and usable building sites. c. The Land Use / Development Patterns depicted in the Historic Millwork District Master Plan for ground floor uses reflect a predominance of resi- dential uses; however, for District sustainability, these ground floor uses shall be characterized by a flexible designation for the Historic Millwork District PUD Conceptual Development Plan as shown in Exhibit B. 2. Parking Regulations Off-street parking is not required as part of the Historic Millwork District PUD. Off-street parking spaces may be provided in a building as an ac- cessory use, subject to review and approval under Building, Fire, and oth- er applicable City Codes. If a property owner chooses to provide surface off-street parking within the District PUD, the City Council must first ap- prove the request and the following regulations shall apply: a. Parking lot design shall comply with the Downtown Design Guidelines for surface parking lots. b. All vehicle-related features shall be surfaced with standard or permeable asphalt, concrete, or pavers. c. Curbing and proper surface drainage of storm water shall be provided. d. All parking and loading spaces shall be delineated on the surfacing mate- rial by painted stripes or other permanent means. e. The size and design of parking spaces shall be governed by applicable provisions of the Unified Development Code enforced at the time of devel- opment of the lot. f. The number, size, design, and location of parking spaces designated for persons with disabilities shall be according to the local, state, or federal requirements in effect at the time of development. 3. Parking Structures. Parking structures (ramps) are allowed in the Historic Mill- work District PUD subject to City Council review and the following standards: a. Parking structures shall comply with the Downtown Design Guidelines for parking facilities. b. The size and design of parking spaces shall be governed by applicable provisions of the Unified Development Code enforced at the time of devel- opment. c. The number, size, design, and location of parking spaces designated for persons with disabilities shall be according to the local, state or federal re- quirements in effect at the time of development. 4. Site Lighting a. Exterior illumination of site features shall be limited to the illumination of the following: i. Parking areas, driveways and loading facilities. ii. Pedestrian walkway surfaces and entrances to building. iii. Building exterior. b. Location and Design i. All exterior lighting luminaries shall be designed and installed to shield light from the luminaries at angles above 72 -degrees from vertical. ii. Fixtures mounted on a building shall not be positioned higher than the roofline of the building. iii. All electrical service lines to posts and fixtures shall be underground and concealed inside the posts. iv. The design of exterior lighting luminaries shall comply with the Down- town Design Guidelines for signs. Waiver requests from these guide- lines shall be reviewed by the Historic Preservation Commission in accordance with the provisions of Article 10 of the Unified Develop- ment Code. 5. Open Space It is the intent of these regulations that the development of open spaces (if pro- vided) shall reflect a high quality of environmental design. The following provi- sions shall apply. i. Open space plans are required as part of submittals for site plan review. Such plans are to include type, number and size of proposed plantings, paving and other open space amenities. Open space areas shall be de- signed in compliance with Downtown Design Guidelines and the Historic Millwork District Master Plan. ii. Within one (1) year following completion of construction, or by the date that a building is issued an occupancy certificate by the Building Services Department of the City of Dubuque, whichever occurs first, required open space amenities shall be installed. 6. Stormwater Management The developer shall be responsible for providing stormwater management in a means that is satisfactory to the City Engineer and consistent with the Historic Millwork District Master Plan. Sustainable, low impact development techniques for stormwater management approved by the City Engineer will be used where feasible. Other applicable regulations also enforced by the City Engineer rela- tive to stormwater management and drainage shall apply to the subject prop- erty. 7. Exterior Trash Collection Areas a. The storage of trash and debris shall be limited to that produced by the principal permitted use and accessory uses of the lot. b. All exterior trash collection areas and the materials contained therein shall be visually screened from view. The screening shall be completely opaque fence, wall or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Screens built on slop- ing grades shall be stepped so that their top line shall be horizontal. All ex- terior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. c. Exterior trash collection areas shall comply with the Downtown Design Guidelines for service areas. 8. Exterior Storage a. Exterior storage is allowed in the Historic Millwork PUD District. Exterior storage areas shall comply with the Downtown Design Guidelines for ser- vice areas. b. The use of semi-trailers and/or shipping containers for storage is prohibit- ed. 9. Final site development plans shall be submitted in accordance with provisions of Article 12 and Article 13 of the Unified Development Code prior to construc- tion or expansion of any buildings, free-standing signs, or parking facilities. The Downtown Design Guidelines shall apply to site development in the Dis- trict PUD, and shall take precedence over the Design Standards for Big Box Retail Uses (over 100,000 square feet) and the Design Standards for Retail Commercial Uses (over 60,000 square feet) and Regional Shopping Centers in Article 13 of the Unified Development Code. 10. Retail uses should be clustered around each other and adjacent to public spaces, such as at the intersection of 10th and Washington Streets, in the Far- ley & Loetscher and Kirby Buildings along 7th Street, and in a highly visible commercial corridor at the east edge of the District along Elm Street. 11. Land uses should transition from industrial on the south to residential on the north, with new commercial or mixed use buildings along the new block to be created by realigning Elm Street in accordance with the Historic Millwork Dis- trict Master Plan. E. Other Codes and Regulations 1. Service Lines. All electric, telephone, cable, or other similar utility lines serving the building and other site features shall be located underground, where feasi- ble. 2. These regulations do not relieve the owner from other applicable city, county, state or federal codes, regulations, laws and other controls relative to the planning, construction, operation and management of property within the city of Dubuque. F. Transfer of Ownership Transfer of ownership or lease of property in the Historic Millwork District PUD shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the District PUD. G. Recording A copy of this PUD Ordinance shall be recorded, at the expense of the City of Dubu- que, with the Dubuque County Recorder as a permanent record of the conditions ac- cepted as part of this reclassification approval. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this 16th day of February, 2015. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 20th day of February, 2015. /s/Kevin S. Firnstahl, City Clerk 3. SRF Green Alley Project Bid Set 6 - Year 1: Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract and estimated cost for the SRF Green Alley Project Bid Set 6 - Year 1 Project and the City Manager recommending approval. Motion by Braig to receive and file the documents and adopt Resolution No. 48-15 Approval of plans specifications, form of contract, and estimated cost for the SRF Green Alley Bid Set 6 - Year 1 Project; Resolution No. 49-15 with Re- spect to the adoption of the Resolution of Necessity proposed for the SRF Green Alley Bid Set 6 - Year 1 Project; and Resolution No. 50-15 Approving Schedule of Assess- ments and estimated total cost for the SRF Green Alley Bid Set 6 — Year 1 Project. Se- conded by Jones. Motion carried 7-0. RESOLUTION NO. 48-15 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT- ED COST FOR THE SRF GREEN ALLEY BID SET 6 — YEAR 1 PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the SRF Green Alley Bid Set 6 — Year 1 Project, in the estimated amount $364,665.35, are hereby approved. Passed, adopted and approved this 16th day of February, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 49-15 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NE- CESSITY PROPOSED FOR THE SRF GREEN ALLEY BID SET 6 — YEAR 1 PRO- JECT Whereas, the City Council has proposed a Resolution of Necessity for the SRF Green Alley Bid Set 6 — Year 1 Project and has given notice of the public hearing there- on as required by law; and Whereas, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity described above is hereby: X Adopted, without amendment, and all objections filed or made having been duly considered are overruled. Adopted as amended by the Preliminary Schedule of Assessments attached here- to as Exhibit A, and made a part hereof by reference. All objections filed or made having been duly considered are overruled. Deferred for later consideration to a City Council meeting to be held on the 2nd day of March, 2015, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, with jurisdiction retained for further consideration and action at the adjourned meeting. Abandoned. Passed, adopted and approved this 16th day of February, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 50-15 APPROVING SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST FOR THE SRF GREEN ALLEY BID SET 6 — YEAR 1 PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached plat, schedule of assessments, and estimate of total cost for the SRF Green Alley Bid Set 6 — Year 1 Project are hereby approved. Passed, approved and adopted this 16th day of February, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. SRF Green Alley Bid Set 3 - Year 2: Proof of publication on notice of public hear- ing to consider approval of the plans, specifications, form of contract and estimated cost for the SRF Green Alley Bid Set 3 - Year 2 Project and the City Manager Recommend- ing approval. Motion by Braig to receive and file the documents and adopt Resolution No. 51-15 Approval of plans, specifications, form of contract, and estimated cost for the SRF Green Alley Bid Set 3 - Year 2 Project; Resolution No. 52-15 with Respect to the adoption of the Resolution of Necessity Proposed for the SRF Green Alley Bid Set 3 - Year 2 Project; and Resolution No. 53-15 Approving Schedule of Assessments and es- timate of total cost for the SRF Green Alley Bid Set 3 — Year 2 Project. Seconded by Lynch. Civil Engineer Jon Dienst responded to questions regarding parking and sani- tary/sewer issues that may arise during construction. Motion carried 7-0. RESOLUTION NO. 51-15 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT- ED COST FOR THE SRF GREEN ALLEY BID SET 3 — YEAR 2 PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the SRF Green Alley Bid Set 3 — Year 2 Project, in the estimated amount $1,723,730.11, are hereby approved. Passed, adopted and approved this 16th day of February, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 52-15 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NE- CESSITY PROPOSED FOR THE SRF GREEN ALLEY BID SET 3 — YEAR 2 PRO- JECT Whereas, the City Council has proposed a Resolution of Necessity for the SRF Green Alley Bid Set 3 — Year 2 Project and has given notice of the public hearing there- on as required by law; and Whereas, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity described above is hereby: Adopted, without amendment, and all objections filed or made having been duly con- sidered are overruled. Passed, adopted and approved this 16th day of February, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 53-15 APPROVING SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST FOR THE SRF GREEN ALLEY BID SET 3 — YEAR 2 PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached plat, schedule of assessments, and estimate of total cost for the SRF Green Alley Bid Set 3 — Year 2 Project are hereby approved. Passed, approved and adopted this 16th day of February, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. 2015 Asbury Road Pavement Rehabilitation Project: Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and estimated cost for the 2015 Asbury Road Pavement Rehabilitation Project and the City Manager recommending approval. Motion by Braig to receive and file the documents and adopt Resolution No. 54-15 Approval of plans, specifications, form of contract, and estimated cost for the 2015 Asbury Road Pavement Rehabilitation project. Seconded by Lynch. Assistant City Engineer Bob Schiesl described the project and responded to questions regarding property owner notifications and traffic flow during construction. Motion carried 7-0. RESOLUTION NO. 54-15 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT- ED COST FOR THE 2015 ASBURY ROAD PAVEMENT REHABILITATION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the 2015 Asbury Road Pavement Rehabilitation Project, in the estimated amount $423,155.53, are hereby approved. Passed, adopted and approved this 16th day of February, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS 1. Request to Address the City Council - Mitch Quade: Correspondence from Mitch Quade, 509 Nordic Trail, Mount Horeb, WI, requesting to address the City Council re- garding a waiver of a pre -annexation agreement related to a farm on Swiss Valley Road. Motion by Jones to receive and file the information. Seconded by Resnick. Mr. Quade provided a presentation and handouts that supported his request for a waiver of the requirement of a pre -annexation agreement for the division of his family farm on Swiss Valley Road for purposes of estate management and agricultural farming. Motion carried 7-0. 2. Port of Dubuque Marina Report 2014: City Manager transmitting the Port of Dubu- que Marina Annual Report for 2014. Recreation Supervisor Dan Kroeger and Recrea- tion Facilities Supervisor Ben Alden provided a verbal report on the activities, facilities, and financial status of the Port of Dubuque Marina over the last couple of Fiscal Years. Motion by Lynch to receive and file the information. Seconded by Braig. Motion carried 7-0. 3. Code of Ordinances Amendment Title 10 - Sledding in Parks: City Manager rec- ommending approval of an Ordinance amendment to add designated areas at Falk and Hillcrest Parks for sledding. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Se- conded by Braig. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 11-15 Amend- ing Title 10 Public Ways and Property, Chapter 5 Parks and Recreation, Article B Use Regulations 10-5B-23 Prohibiting Sledding, Downhill Skiing, Snowboarding or Tobog- ganing Except in Certain Designated Areas in Certain City Parks Adding Additional Parks Where Sledding and Other Snow Activities are Permitted. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 11-15 AMENDING TITLE 10 PUBLIC WAYS AND PROPERTY, CHAPTER 5 PARKS AND RECREATION, ARTICLE B USE REGULATIONS 10-5B-23 PROHIBITING SLED- DING, DOWNHILL SKIING, SNOWBOARDING OR TOBOGGANING EXCEPT IN CERTAIN DESIGNATED AREAS IN CERTAIN CITY PARKS ADDING ADDITIONAL PARKS WHERE SLEDDING AND OTHER SNOW ACTIVITIES ARE PERMITTED NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances Title 10, Chapter 5, Article B is amended to read as follows: 10-5B-23: Sledding and Other Snow Activities Prohibited No person may sled or engage in any other snow activity, including but not limited to, downhill skiing, snowboarding, tobogganing, or any other means of descending a hill on snow or ice, in any city park or on any city property except in areas designated by the City Manager in the following parks, subject to all rules posted for such sledding or snow activities: Allison -Henderson Park, daylight hours only Bunker Hill Golf Course, daylight hours only Comiskey Park, daylight hours only Falk Park, daylight hours only Flat Iron Park, daylight hours only Gay Park, daylight hours only Grant Park, daylight hours only Hillcrest Park, daylight hours only Orange Park, daylight hours only Pinard Park, daylight hours only Usha Park, daylight hours only Valentine Park, daylight hours only Washington Park, daylight hours only Riding inner tubes in a park or on any public property is prohibited at all times. Section 2. This ordinance takes effect upon publication. Passed, approved and adopted the 16th day of February, 2015. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 20th day of February, 2015. /s/Kevin S. Firnstahl, City Clerk 4. Code of Ordinances Amendment Chapter 8 - Street Tree & Landscaping of Public Right -of -Way: City Manager recommending approval of the revised Street Tree and Landscaping on Public Right -of -Way Policy and an amendment to Section 6-8-1: Trees and Landscaping. Motion by Jones to receive and file the documents and that the re- quirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Se- conded by Lynch. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 12-15 Amend- ing City of Dubuque code of Ordinances Title 6 Health, Housing, Sanitation and Envi- ronment, Chapter 8 Trees and Weeds, Section 6-8-1 Trees and Landscaping by adding Non -Woody Vegetation and Other Landscaping to the City Manager's authority for the Street tree and Landscaping on Public Right of Way Policy. Seconded by Lynch. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 12-15 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH, HOUS- ING, SANITATION AND ENVIRONMENT, CHAPTER 8 TREES AND WEEDS, SEC- TION 6-8-1 TREES AND LANDSCAPING BY ADDING NON -WOODY VEGETATION AND OTHER LANDSCAPING TO THE CITY MANAGER'S AUTHORITY FOR THE STREET TREE AND LANDSCAPING ON PUBLIC RIGHT OF WAY POLICY NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 6-8-1 of the City of Dubuque Code of Ordinances is amended to read as follows: 6-8-1: TREES AND LANDSCAPING: A. Planting And Removal; Permission Required: It shall be unlawful for any person, firm or corporation to plant or remove trees in the public right of way without the written permission of the city manager or the city manager's designee, and upon such terms and conditions as the city manager shall require. B. Street Tree And Landscaping On Public Right Of Way Policy: The city manager shall develop, with the approval of the city council, a written street tree and landscaping on public right of way policy which shall govern the planting, maintenance and removal of trees, shrubs, non -woody vegetation or other landscaping in the public right of way. Section 2. This Ordinance takes effect upon publication. Passed, approved, and adopted the 16th day of February, 2015. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 20th day of February, 2015. /s/Kevin S. Firnstahl, City Clerk 5. Fiscal Year 2015 Budget Correction: City Manager submitting a list of Fiscal Year 2015 Capital Improvement Projects selected for possible elimination, substitution and/or later reconsideration through the Fiscal Year 2017 budget process. Motion by Braig to receive and file. Seconded by Jones. City Manager Van Milligen explained that this in- formation is related to the current Fiscal Year and will come to the Council for public hearing in April. Council discussion included clerical miscalculation, housing inspection fee increases, and decreased gambling revenue as well as decreased spending and ways to increase revenues. Motion carried 7-0. 6. Arts Master Plan Consultant Services Recommendation: City Manager recom- mending approval of the selection of Lord Cultural Resources to facilitate the develop- ment of an Arts and Culture Master Plan. Motion by Lynch to receive and file the docu- ments and approve the recommendation. Seconded by Resnick. Motion carried 7-0. 7. Dubuque Racing Association - 6th Amendment to Lease Agreement: City Manager recommending approval of an amendment to the lease agreement with the Dubuque Racing Association that requires a City of Dubuque Police Officer or County Sheriff to be present during all hours of operations at Mystique Casino. Motion by Jones to re- ceive and file the documents and approve [the request]. Seconded by Connors. Motion carried 7-0. 8. Five Flags Civic Center Advisory Commission Membership: Communication from the Five Flags Civic Center Advisory Commission recommending dismissal of a com- missioner for lack of attendance and to declare the position vacant. Motion by Jones to receive and file the documents and declare the positon vacant. Seconded by Braig. Mo- tion carried 7-0. PUBLIC INPUT Jacob Long, 4604 Cardinal Drive; and Allen Troupe, 2003 Keyway, addressed the City Council about moving the Public Input section of the agenda to the beginning of the meeting. John Herrig, 13750 Surrey Lane, expressed is opposition to the proposed Fiscal Year 2016 housing inspection fee increases and his concerns over governmental transparen- cy and Council representation. Brandon Ahler, 123 Bluff Street, addressed the City Council about his concerns over parking issues and possible violations in the neighborhood and offered suggestions. His contact information was taken for referral to staff. CLOSED SESSION Motion by Jones at 8:50 p.m. to enter into closed session to discuss pending litigation and property acquisition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Seconded by Braig. Motion carried 7-0. Upon motion the City Council reconvened in open session at 9:05 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 9:06 p.m. /s/Kevin S. Firnstahl, CMC City Clerk