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3 18 13 City Council Proceedings Official_Special and Regular CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on March 18, 2013 in th the Historic Federal Building, 350 W. 6 Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; Assistant City Manager Cindy Steinhauser, 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) Fair Housing Month (April 2013); Family and Medical Leave Act 20th Anniversary; and Women's History Month (March 2013) were accepted by R.S.S. Stewart, Vice Chair- person of the Human Rights Commission. CONSENT ITEMS Motion by Connors to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Jones. Motion carried 7-0. Minutes and Reports Submitted: Cable TV Commission of 2/6; City Council Proceed- ings of 2/28 and 3/4; Historic Preservation Education Task Force of 3/7; Library Board of Trustees of 1/24 and 2/11; Library Board of Trustees Update of 2/28; Mechanical Code Board of 3/7; Park & Recreation Commission of 2/12; Safe Community Advisory Committee of 1/9; Zoning Advisory Commission of 3/6; Zoning Board of Adjustment of 2/28; Proof of Publication for City Council Proceedings of 2/18; 2/19, 2/21, 2/25, 2/26, 2/27, and 2/28. Upon motion the documents were received and filed. Notice of Claims and Suits: Carla Olivarez for vehicle damage, Robert Sarazin for property damage, Donna Schmitt for vehicle damage, Bart Weiden for vehicle damage. Upon motion the documents were received, filed and referred to the 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: Carla Olivarez for vehicle damage, Bart Wieden for vehicle damage. Up- on motion the documents were received, filed and concurred. State of Iowa - Old Highway Road Acceptance of Easements: City Manager recom- mending acceptance of a Watermain, Fiber Optic Lines and Appurtenances Easement from the State of Iowa for existing watermain and fiber optic lines along the northerly right-of-way line of Old Highway Road near Radford Road. Upon motion the documents were received and filed and Resolution No. 82-13 Accepting the grant of an easement for watermain, fiber optic lines and appurtenances through, under and across a part of th Lot 2-1 and Lot 2-1-A all in the SE ¼ - SW ¼ Section 29, T89N, R2E, 5 P.M. in the City of Dubuque, Dubuque County, Iowa, was adopted. RESOLUTION NO. 82-13 ACCEPTING THE GRANT OF AN EASEMENT FOR WATERMAIN, FIBER OPTIC LINES AND APPURTENCES THROUGH, UNDER AND ACROSS A PART OF LOT 2- TH 1 AND LOT 2-1-A ALL IN THE SE ¼ - SW ¼ SECTION 29, T89N, R2E, 5 P.M. IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, the State of Iowa has executed a Grant of Easement for watermain, fiber optic lines and appurtences through, under and across Lot 2-1 of the SE ¼ - SW ¼ Sec- th tion 29, T89N, R2E,5 P.M. in the City of Dubuque, Dubuque County, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, ac- cepts and consents to the Grant of Easement for watermain, fiber optic lines and ap- purtences through, under and across Lot 2-1 and Lot 2-1-A all in the SE ¼ - SW ¼ Sec- th tion 29, T89N, R2E, 5 P.M. in the City of Dubuque, Dubuque County, Iowa, from the State of Iowa, a copy of which is attached hereto. 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 March, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Acceptance of Deed - 735 Caledonia Place: City Manager recommending ac- ceptance of the deed for 735 Caledonia Place from the James P. Lammer Estate. Upon motion the documents were received and filed and Resolution No. 83-13 Accepting the deed to certain real estate in Dubuque County, Iowa, from James P. Lammer Estate was adopted. RESOLUTION NO. 83-13 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IO- WA FROM JAMES P LAMMER ESTATE Whereas, the Estate of James P. Lammer wishes to donate the following described real property to the City of Dubuque: Lot 2 of the Subdivision of the North 2/3 of Lot 34 of Kelly's Subdivision in the City of Dubuque, Iowa, according to the recorded Plat thereof, and 2 Whereas, the City Council of the City of Dubuque desires to accept the donation of said property on behalf of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The City of Dubuque hereby accepts the Warranty Deed from the estate of James P. Lammer attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Warranty Deed with the Dubuque County Recorder. th Passed, approved and adopted this 18 day of March, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Homelessness Prevention and Rapid Re-Housing Program - Grant Close Out: City Manager recommending approval for the Mayor to sign the grant closeout certification and other required documentation to close out the Homelessness Prevention and Rapid Re-Housing Program (HPRP) grant the City received in 2009. Upon motion the docu- ments were received and filed and Resolution No. 84-13 Authorizing execution of a Homelessness Prevention and Rapid Re-Housing (HPRP) Grantee Closeout Certifica- tion with the U.S. Department of Housing and Urban Development was adopted. RESOLUTION NO. 84-13 AUTHORIZING EXECUTION OF A HOMELESSNESS PREVENTION AND RAPID RE- HOUSING (HPRP) GRANTEE CLOSEOUT CERTIFICATION WITH THE U.S. DE- PARTMENT OF HOUSING AND URBAN DEVELOPMENT Whereas, the City of Dubuque has awarded a $502,294 in Homelessness Prevention and Rapid Re-Housing Program (HPRP) Grant from the U.S. Department of Housing and Urban Development (HUD) for the in July 2009; and Whereas, the City has completed all eligible activities for the Homelessness Preven- tion and Rapid Re-Housing P and expended funds as required; and Whereas, a grantee closeout certification for the HPRP grant needs to be transmitted to U. S. Department of Housing and Urban Development to close out the CDBG-R grant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Homelessness Prevention and Rapid Re Housing Grantee Closeout Certification for the HPRP grant in the amount of $502,294 and identified as Grant Number S09-MY-19-0005 is hereby accepted. Section 2. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute said Grantee Closeout Certification and related documents on be- half of the City of Dubuque, Iowa as per the grant requirements. Section 3. That the City Manager is hereby authorized and directed to submit the HPRP Grantee Closeout Certification and related documents for the Homelessness Prevention and Rapid Re-Housing Grant to the U.S. Department of Housing and Urban Development. th Passed, approved and adopted this 18 day of March 2013. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk 3 Iowa DOT - Railroad Grade Crossing Repair Agreement at East 14th Street: City Manager recommending approval of the State of Iowa Federal-Aid Grade Crossing Sur- th face Repair Agreement for the construction of surface improvements at the East 14 Street railroad grade crossing. Upon motion the documents were received and filed and Resolution No. 85-13 Approving State of Iowa Federal-Aid Grade Crossing Surface Re- pair Agreement for the construction of surface improvements at the railroad crossing located at East 14th Street (Agreement 376125P) was adopted. RESOLUTION NO. 85-13 APPROVING STATE OF IOWA FEDERAL-AID GRADE CROSSING SURFACE RE- PAIR AGREEMENT FOR THE CONSTRUCTION OF SURFACE IMPROVEMENTS AT TH THE RAILROAD CROSSING LOCATED AT EAST 14 STREET (AGREEMENT 376125P) Whereas, the Canadian Pacific Railroad DBA Dakota, Minnesota & Eastern Railroad Corporation, Iowa Department of Transportation, and City of Dubuque have agreed to enter into a Federal-Aid Grade Crossing Surface Repair Agreement for the construction th of surface improvements at the railroad crossing located at East 14 Street; and Whereas, the Iowa Department of Transportation has developed a Grade Crossing Surface Repair Agreement (376125P) dated February 14, 2013, outlining the terms and conditions between the Canadian Pacific Railroad and the City for the construction of th surface improvements at the railroad crossing at East 14 Street is being granted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the State of Iowa Federal-Aid Grade Crossing Surface Repair Agreement (376125P) between the Canadian Pacific Railroad, Iowa Department of Transportation, and the City of Dubuque is hereby approved for the construction of sur- th face improvements at the railroad crossing located at East 14 Street. Section 2. That the Mayor be authorized and directed to execute three copies of said State of Iowa Federal-Aid Grade Crossing Surface Repair Agreement (376125P). Section 3. Whereas the City has Railroad Crossing At-Grade Improvement funding budgeted to cover the matching funds for said improvements. Section 4. That a certified copy of the resolution be submitted to Canadian Pacific Railroad and to Iowa Department of Transportation by the City Clerk of the City of Dubuque. th Passed, adopted and approved this 18 day of March, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Federal Emergency Management Agency (FEMA) - Flood Insurance Rate Map Changes: City Manager transmitting correspondence from the Federal Emergency Management Agency (FEMA) regarding revisions to five panels of the City's Flood In- surance Rate Maps (FIRM) along the City's riverfront. Upon motion the documents were received and filed. Plat of Survey - Littleton and Sawyer's Subdivision, Plat 2: Zoning Advisory Commis- sion recommending approval of the Plat of Survey Littleton and Sawyer's Subdivision Plat 2 subject to waiving the lot frontage requirements for Lots 1 and 2 as requested by MK Properties, LLC. Upon motion the documents were received and filed and Resolu- 4 tion No. 86-13 Approving the Plat of Survey Littleton and Sawyer's Subdivision, Plat 2 in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 86-13 APPROVING THE PLAT OF SURVEY LITTLETON AND SAWYER’S SUBDIVISION, PLAT 2 IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey Littleton and Saw- yer’s Subdivision, Plat 2 in the City of Dubuque, Iowa; and Whereas, said Plat of Survey provides 48.71 feet of frontage and 4,350 square feet of lot area for Lot 1 and 41.60 feet of frontage for Lot 2 on a public or approved private street, where 50 feet of street frontage and 5,000 square feet of lot area is required by Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Develop- ment Code; and Whereas, said Plat of Survey has been examined by the Zoning Advisory Commis- sion and had its approval endorsed thereon; and Whereas, said Plat of Survey has been examined by the City Council and they find that it conforms to the statues and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow 48.71 feet of frontage and 4,530 square feet of lot area for Lot 1 and 41.60 feet of frontage for Lot 2 on a public street or an ap- proved private street. Section 2. That the Plat of Survey of Littleton and Sawyer’s Subdivision, Plat 2 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Plat of Survey. th Passed, approved and adopted this 18 day of March 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk AmeriCorps Program - Clerical Assistant: City Manager recommending approval for the continuation of a Clerical Assistant under the AmeriCorps Partners in Learning Grant. Upon motion the documents were received, filed and approved. Asbestos Survey and Monitoring of Abatement - Old Mill and Mason Roads: City Manager recommending approval of the award to Carno ATC for 35 samples and all re- quired reports related to Asbestos Survey and Monitoring of Abatement for the flood- damaged properties at 1711 Old Mill Road and 1654 Manson Road. Upon motion the documents were received, filed and approved. PEG Capital Expenditure Request: City Manager recommending approval of the Ca- ble TV Commission recommendations for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities up to $200 for Mediacom to purchase a video demodulator to improve the signal quality of the Mercy Mass video feed. Upon motion the documents were received, filed and approved. 5 Old House Enthusiasts - Grant Application: City Manager recommending approval for the Historic Preservation Commission to apply for a $1,500 grant from the Old House Enthusiasts for digitizing historic City Directories. Upon motion the documents were re- ceived, filed and approved. U.S. Housing and Urban Development - Sequestration Correspondence: City Man- ager transmitting two letters from the U.S. Department of Housing and Urban Develop- ment (HUD) concerning the effects of the Sequestration budget on the programs of the Housing and Community Development Department. Upon motion the documents were received and filed. Urban Youth Corps Grant: City Manager recommending approval of the Urban Youth Corps Grant application to the Iowa Department of Transportation for hiring three 16 to 21-year-old youths to work specific tasks in the park system this summer. Upon motion the documents were received, filed and approved. Dubuque Water Sports Club - Lease Approval: City Manager recommending approv- al of the annual lease with the Dubuque Water Sports Club (formerly Dubuque Water Ski Club) for a section of Schmitt Island. Upon motion the documents were received, filed and approved. Dubuque Metropolitan Area Solid Waste Agency (DMASWA): Correspondence from the Board of Directors of the Dubuque Metropolitan Area Solid Waste Agency informing the City that the DMASWA has voted to extend its Waste Delivery Contract for an addi- tional year commencing July 1, 2013 through June 30, 2014. Upon motion the docu- ments were received and filed. Interstate Power and Light Company Power Purchase Agreement: City Manager rec- ommending approval of a Power Purchase Agreement between the City of Dubuque and Interstate Power and Light Company. Upon motion the documents were received, filed and approved. Request for Proposal - Water & Recourse Recovery Center Energy Management Consulting: City Manager recommending approval to distribute a Request for Proposal for a consultant to optimize energy use by the Water & Resource Recovery Center's new industrial equipment and for Energy Star commissioning of the administration build- ing. Upon motion the documents were received, filed and approved. Iowa DOT Emergency Detour Agreement - Catfish Creek Bridge Replacement: City Manager recommending approval for the Mayor to execute an agreement with the Iowa Department of Transportation for the use of local roads as an authorized emergency de- tour route for US 52/61/151 improvements and Catfish Creek Bridge Replacement Pro- ject. Upon motion the documents were received and filed and Resolution No. 87-13 Ap- proving the Iowa Department of Transportation Agreement for Use of Local Agency Roads as an Emergency Detour route for US 52/61/151 Improvements and Catfish Creek Bridge Replacement Project was adopted. 6 RESOLUTION NO. 87-13 APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR USE OF LOCAL AGENCY ROADS AS AN EMERGENCY DETOUR ROUTE FOR US 52/61/151 IMPROVEMENTS AND CATFISH CREEK BRIDGE REPLACEMENT PRO- JECT Whereas, the Iowa Department of Transportation is proceeding with the US 52/61/151 Improvements and Catfish Creek Bridge Replacement Project; and Whereas, should an incident occur within the construction corridor that would require the temporary closure of US 52/61/151, an emergency detour route has been estab- lished to temporarily re-route traffic; and Whereas, the designated emergency detour route will redirect traffic onto Rockdale Road. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said Agreement for Use of Local Agency Roads as an emergency de- tour route with the Iowa Department of Transportation is hereby approved for the US 52/61/151 Improvements and Catfish Creek Bridge Replacement Project. Section 2. That the Mayor be authorized and directed to execute two copies of said Agreement for Use of Local Agency Roads as an emergency detour route with the Iowa Department of Transportation for the US 52/61/151 Improvements and Catfish Creek Bridge Replacement Project. th Passed, approved and adopted this 18 day of March, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Alcohol Compliance Civil Penalty for Alcohol License Holders - Fischer Lanes: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Fisher Lanes, 880 Locust Street. Upon motion the doc- uments were received, filed and approved. Alcohol Compliance Civil Penalty for Alcohol License Holders - Happy Joe's Old Fashioned Ice Cream & Pizza Parlor: City Manager recommending approval of the Ac- knowledgment/Settlement Agreement for an alcohol compliance violation for Happy Joe's, Old Fashioned Ice Cream & Pizza Parlor, 855 Century Drive. Upon motion the documents were received, filed and approved. Alcohol Compliance Civil Penalty for Alcohol License Holders - Salsa's Mexican Res- taurant: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Salsa's Mexican Restaurant, 1091 Main Street. Upon motion the documents were received, filed and approved. Business License Refunds: Request by Ric Worcester from Off Minor for a refund of a liquor license in the amount of $422.50. Request by Bandana's Missouri, LLC from Bandana's Bar-B-Q for a refund of a liquor license in the amount of 168.75. Upon motion the documents were received, filed and approved. 7 Alcohol License Applications: City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. Upon motion the documents were received and filed and Resolution No. 88-13 Approving applications for beer, liquor, and/or wine per- mits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 88-13 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 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 following named applicants and permit types: Dubuque Arboretum Inc.3800 Arboretum Dr. Class B Native Wine (Sunday) Exxtreme Pub 1701 Central Ave. Class C Liquor (Sunday) Ground Round Rest. 50 JFK Hwy Route 20 Class C Liquor (Sunday) Hartig Drug Co. 2255 JFK Rd. Class E Liquor, Class B Wine, Class C Beer (Sunday) Hy-Vee #3 400 Locust Street Class E Liquor, Class B Wine, Class C Beer (Sunday) Hy-Vee Gas #3 300 Locust St. Class C Beer, Class B Native Wine Permit (Sunday) Kwik Stop Food Mart 2360 Central Ave. Class E Liquor, Class B Native Wine, Class C Beer (Sunday) Loras College Campus 1450 Alta Vista Dr. Class C Liquor (Sunday) (Catering) Mystique Casino 1855 Greyhound Park Class C Liquor License (Sunday) Dr.(Outdoor) (Catering) Olive Garden #1516 3350 Dodge St. Class C Liquor (Sunday) Ron's Five Point Mart 405 Rhomberg Class C Liquor (Sunday) TantraThai Bistro 2055 Holliday Dr., Class C Liquor, Class B Wine Suite 200(Carryout) (Sunday) Whiskey River 1064 University Ave. Class C Liquor (Sunday) th Passed, approved and adopted this 18 day of March, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 8 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. Weaver Castle, LLC - Development Agreement for 324-326 W. Locust Street: City Manager recommending that a public hearing be set for April 1, 2013, to approve a De- velopment Agreement with Weaver Castle, LLC to redevelop property located at 324- 326 W. Locust Street into four apartments. Upon motion the documents were received and filed and Resolution No. 89-13 Fixing the date for a public hearing of the City Coun- cil of the City of Dubuque, Iowa on the proposed issuance of Urban Renewal Tax In- crement Revenue Obligations and the execution of a Development Agreement relating thereto with Weaver Castle, LLC, and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 1, 2013 in the Historic Federal Building. RESOLUTION NO. 89-13 FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS AND THE EXECUTION OF A DEVELOP- MENT AGREEMENT RELATING THERETO WITH WEAVER CASTLE, LLC, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, City and Weaver Castle, LLC have entered into a Development Agree- ment, subject to the approval of the City Council, a copy of which is now on file at the th Office of the City Clerk, City Hall, 13 and Central Avenue, Dubuque, Iowa; and Whereas, the City Council has tentatively determined that it would be in the best in- terests of the City to approve the Development Agreement, with Weaver Castle, LLC; and Whereas, it is deemed necessary and advisable that City should authorize Urban Renewal Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of Iowa, and to enter into the Development Agreement relating thereto for the purpose of carrying out the rehabilitation of property located at 324-326 W. Locust St as herein- after described; and Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or property owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 403.9 of a public hearing on the City's intent authorize Urban Renewal Tax Increment Revenue obliga- st tions, to be held on the 1 day of April, 2013, at 6:30 o'clock p.m. in the City Council th Chambers at the Historic Federal Building, 350 W. 6 St., Dubuque, Iowa. Section 2. The City Council will meet at said time and place for the purpose of taking action on the matter of authorizing Urban Renewal Tax Increment Revenue obligations 9 and the execution of the Development Agreement relating thereto with Weaver Castle, LLC, the proceeds of which obligations will be used to carry out certain of the special financing activities described in the Greater Downtown Urban Renewal District, consist- ing of the funding of economic developments grants to Weaver Castle, LLC pursuant to th the Development Agreement under the terms and conditions of said West 11 Street Urban Revitalization District Plan. It is expected that the aggregate amount of the Tax Increment Revenue obligations is approximately $75,000. Section 3. The Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, pub- lished at least once weekly, and having general circulation in said City, said publication to be not less than four days nor more than twenty days before the date of said meeting on the issuance of said obligations. Section 4. That the notice of the proposed action to issue said obligations shall be in substantially the form attached hereto. th Passed, approved and adopted this 18 day of March, 2013. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk Request to Vacate University Avenue Extension - MRJD Properties: City Manager recommending approval of a request by MRJD Properties to vacate portion of University Avenue Extension adjacent to Iowa Auto Glass at 2796 University Avenue and that a public hearing be set for April 1, 2013 on the disposal of this property. Upon motion the documents were received and filed and Resolution No. 90-13 Resolution of Intent to va- cate and dispose of City interest in Lot 2A University Avenue Extension Place in the City of Dubuque, Iowa, was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 1, 2013 in the Historic Federal Building. RESOLUTION NO. 90-13 INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT 2A UNIVERSITY AVENUE EXTENSION PLACE IN THE CITY OF DUBUQUE, IOWA Whereas, MRJD Properties, L.L.C. has requested the vacating and disposal of a por- tion of University Avenue Extension Right of Way; and Whereas, IIW, P.C., has prepared and submitted to the City Council a plat showing a proposed vacated portion of University Avenue Extension Right of Way and assigned a lot number thereto, which hereinafter shall be known and described as Lot 2A University Extension Place in the City of Dubuque, 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 Lot 2A University Extension Place in the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right to ingress and egress thereto, for the purpose of erecting, installing, construct- ing, reconstructing, repairing, owning, operating, and maintaining sanitary sewer and storm sewer as may be authorized by the City of Dubuque, Iowa, as shown on the Plat of Survey of Lot 2A University Extension Place in the City of Dubuque, Iowa. Section 3. That the conveyance of Lot 2A University Extension Place in the City of Dubuque, Iowa to MRJD Properties, L.L.C. be contingent upon the payment of $23,477.00, plus platting, publication, and filing fees. 10 Section 4. 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 March, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk BOARDS/COMMISSIONS Review of applications to the following board/commission: Civil Service Commission: 1 three-year term through April 6, 2017 (Expiring term of White). Applicant: Daniel White, 2919 Elm Street. PUBLIC HEARINGS thth 30-Inch Force Main Project Phase I (9 - 11 Streets): City Manager recommending rescinding Resolution No. 78-13, which will cancel the public bidding process for Phase I of the 30 Inch Force Main Relocation Project from 9th Street to 11th Street and re- initiate the project at a future City Council meeting once the plans and specifications have been updated to reflect the new scope of work. Motion by Lynch to receive and file the documents and adopt Resolution No. 91-13 Rescinding Resolution No. 78-13, Ap- proving preliminary plans, specifications, form of contract and estimated cost; setting date of public hearing on plans, specifications, form of contract and estimated cost; and ordering the advertisement of bids for phase I of the 30 Inch Force Main Relocation Pro- th ject from 9th Street to 11 Street. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 91-13 RESCINDING RESOLUTION NO. 78-13, APPROVING PRELIMINARY PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT OF BIDS FOR PHASE TH I OF THE 30 INCH FORCE MAIN RELOCATION PROJECT FROM 9 STREET TO TH 11 STREET. Whereas, the City Council of the city of Dubuque, Iowa at its meeting on March 4, 2013 approved by resolution the proposed plans, specifications, form of contract and th estimated cost for Phase I of the 30 inch Force Main Relocation Project from 9 Street th to 11 Street; and Whereas, environmental issues have been discovered at the project site, resulting in the need for additional research, planning and possible design and other changes in or- der to properly address these environmental issues. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA: Section 1. Resolution No. 78-13 approving the proposed plans, specifications, form of contract and estimated cost for Phase I of the 30 inch Force Main Relocation Project thth from 9 Street to 11 Street, in the estimated amount $1,185,437.50 is hereby rescind- ed. th Section 2. The public hearing set for the 18 day of March, 2013, at 6:30 p.m. in the Historic Federal Building Council Chambers for interested persons to appear and be 11 heard for or against the proposed plans and specifications, form of contract and esti- mated cost of said Project is hereby cancelled. th Passed, approved and adopted this 18 day of March, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Petition to Vacate - University Avenue Extension: City Manager recommending re- scission of Resolution No. 74-13, resulting in the cancellation of the intent to vacate and dispose of City interest to Dubuque Mattress, Inc. for the vacating petition of University Avenue Extension. Motion by Lynch to receive and file the documents and adopt Reso- lution No. 92-13 Rescinding Resolution No. 74-13 Intent to Vacate and Dispose of City Interest in Lot 2A University Extension Place. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 92–13 RESCINDING RESOLUTION NO. 74-13 INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT 2A UNIVERSITY EXTENSION PLACE Whereas, the City Council of the city of Dubuque, Iowa at its meeting on March 4, 2013 approved by resolution of the intent to vacate and dispose of city interest in Lot 2A University Extension Place; and Whereas, Resolution No. 74-13 incorrectly identified the purchaser of the property as Dubuque Mattress, Inc.; and Whereas, a new resolution of intent with the correct purchaser will be required to be adopted and published. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA: Section 1. Resolution No. 74-13 approving the intent to vacate and dispose of City in- terest in Lot 2A University Extension Place is hereby rescinded. th Section 2. The public hearing set for the 18 day of March, 2013, at 6:30 p.m. in the Historic Federal Building Council Chambers for interested persons to appear and be heard for or against the proposed intent to vacate and dispose of City interest is hereby cancelled. th Passed, approved and adopted this 18 day of March, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Upon motion the rules were suspended allowing anyone present to address the City Council. Request to Vacate - Sanitary Sewer Easement at University Extension Place: Proof of publication on notice of public hearing to consider a request by Douglas Dolter of Dubuque Mattress, Inc., to dispose of city interest in a sanitary sewer easement over Lot 2 University Extension Place and the City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 93-13 Dispos- ing of City Interest in a sanitary sewer easement in Lot 2 University Extension Place in the City of Dubuque, Iowa. Seconded by Jones. Motion carried 7-0. 12 RESOLUTION NO. 93-13 DISPOSING OF CITY INTEREST IN A SANITARY SEWER EASEMENT IN LOT 2 UNIVERSITY EXTENSION PLACE IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the th City of Dubuque, Iowa on this 18 day of March, 2013, the City Council of the City of th Dubuque, Iowa met on the 18 day of March, 2013, at 6:30 p.m. in the Historic Federal th Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Dubuque County, Iowa to consider the Release of Easement for sanitary sewer on and over real estate described as: Lot 2 University Extension Place, in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the proposal to sell such real estate, except for easement as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That a Release of Easement for sanitary sewer as shown on the Plat of Survey of Lot 1 & Lot 2 of University Extension Place recorded as file no. 2013-3213 in the office of the Dubuque County Recorder over & across real property described as Lot 2 University Extension Place in the City of Dubuque, Iowa, to MRJD Properties LLC, be and the same is hereby approved for the sum of publication, and filing fees. Section 2. That the Mayor be authorized and directed to execute a Release of Ease- ment, and the City Clerk be and is hereby authorized and directed to deliver said Re- lease of Easement to MRJD Properties LLC, upon receipt of publication and filing fees paid in full. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Re- corder and Dubuque County Auditor. th Passed, approved and adopted this 18 day of March, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk SEP Green Alley Permeable Pavers Project - Loras Boulevard and Arlington Streets from Prairie Street to Dell Street: Proof of publication on notice of public hearing to ap- prove plans, specifications, form of contract, and estimated cost for the SEP Green Al- ley Permeable Paver Project (Between Loras Boulevard and Arlington Streets from Prairie Street to Dell Street) and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 94-13 Approval of plans, specifications, form of contract, and estimated cost for SEP Green Alley Permea- ble Paver Project (Between Loras Boulevard and Arlington Streets from Prairie Street to Dell Street). Seconded by Braig. City Engineer Gus Psihoyos responded to questions regarding the concrete makeup of the pavers and used in the perimeter framing and steep grade areas. Motion carried 7-0. RESOLUTION NO. 94-13 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI- MATED COST FOR SEP GREEN ALLEY PERMEABLE PAVER PROJECT (BE- TWEEN LORAS BOULEVARD AND ARLINGTON STREETS FROM PRAIRIE STREET TO DELL STREET) 13 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, and form of contract now on file in the Office of the City Clerk and estimated cost for the Sep Green Alley Permeable Paver Project, in the estimated amount $216,229.42, are hereby approved. th Passed, adopted and approved this 18 day of March, 2013 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Unified Development Code Text Amendment Articles 5 & 14: Parks and Parking: Proof of publication on notice of public hearing to consider a request by the City of Dubuque to amend Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances, Unified Development Code, by amending Article 14-6, Off-Street Parking Requirements, to add Parks, Public or Private, and Similar Natural Recreation Areas to the list of Land Uses and the Zoning Advisory Commission recommending approval. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Planning Services Manager Laura Carstens provided a staff report. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 17-13 Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordi- nances, Unified Development Code, by amending Article 14-6, Off-Street Parking Re- quirements, to add Parks, Public or Private, and Similar Natural Recreation Areas to the list of Land Uses and by Amending Article 5, Zoning Districts, to modify how Parks is listed as a Permitted Use. Seconded by Resnick. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 17-13 AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING ARTI- CLE 14-6, OFF-STREET PARKING REQUIREMENTS, TO ADD PARKS, PUBLIC OR PRIVATE, AND SIMILAR NATURAL RECREATION AREAS TO THE LIST OF LAND USES AND BY AMENDING ARTICLE 5, ZONING DISTRICTS, TO MODIFY HOW PARKS IS LISTED AS A PERMITTED USE. 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, Article 14-6 is hereby amended as follows: Parks, Public or Private, and similar Natural Recreation Areas: As determined by the City Planner. Section 2. That Title 16 of the City of Dubuque Code of Ordinances, the Unified De- velopment Code, Article 5 is hereby amended as follows: 5-2.1 (R-1 Single-Family Residential District)  Parks, Public or Private, and similar Natural Recreation Areas  Golf Course 5-3.1 (R-2 Two-Family Residential District)  Parks, Public or Private, and similar Natural Recreation Areas  Golf Course 14 5-4.1 (R-2A Alternate Two-Family Residential District)  Parks, Public or Private, and similar Natural Recreation Areas  Golf Course 5-5.1 (R-3 Moderate Density Multi-Family Residential District)  Parks, Public or Private, and similar Natural Recreation Areas  Golf Course 5-6.1 (R-4 Multi-Family Residential District)  Parks, Public or Private, and similar Natural Recreation Areas  Golf Course 5-11.1 (C-2 Neighborhood Shopping District)  Parks, Public or Private, and similar Natural Recreation Areas  Golf Course 5-13.1 (C-3 General Commercial District)  Parks, Public or Private, and similar Natural Recreation Areas  Golf Course 5-17.1 (CR Commercial Recreation District)  Parks, Public or Private, and similar Natural Recreation Areas  Golf Course Section 3. That the foregoing amendment has heretofore been reviewed by the Zon- ing Advisory Commission of the City of Dubuque, Iowa. Section 4. This Ordinance shall take effect immediately upon publication as provided by law. th Passed, approved and adopted this 18 day of March, 2013. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk nd Published official in the Telegraph Herald newspaper on the 22 day of March, 2013. /s/Kevin S. Firnstahl, City Clerk Unified Development Code Text Amendment - Sidewalk Installation: Proof of publica- tion on notice of public hearing to consider a request by the City of Dubuque to amend Article 13-3.6(A) of the Unified Development Code regarding installation of sidewalks and the Zoning Advisory Commission recommending approval. Motion by Lynch 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 Braig. Planning Services Manager Laura Carstens provided a staff report. Motion carried 7-0. Motion by Lynch for final consideration and passage of Ordinance No. 18-13 Amend- ing City of Dubuque Code of Ordinances, Title 16 Unified Development Code, Chapter 13 Site Development Standards, Section 3-6(A) Sidewalks and Walkways, to reference the General Sidewalk Requirements in the Code of Ordinances. Seconded by Braig. Motion carried 7-0. 15 OFFICIAL PUBLICATION ORDINANCE NO. 18-13 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES, TITLE 16 UNIFIED DE- VELOPMENT CODE, CHAPTER 13 SITE DEVELOPMENT STANDARDS, SECTION 3-6(A) SIDEWALKS AND WALKWAYS, TO REFERENCE THE GENERAL SIDE- WALK REQUIREMENTS IN THE CODE OF ORDINANCES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances Section 16-13-3-6(A) is hereby amended to read as follows: 16-13-3-6: Sidewalks and Walkways A. Continuous sidewalks a minimum of four feet wide shall be provided in com- pliance with Section 10-1-2. Section 2. This amendment has heretofore been reviewed by the Zoning Advisory Commission. Section 3. This Ordinance shall take effect upon publication. th Passed, approved and adopted this 18 day of March, 2013. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk nd Published official in the Telegraph Herald newspaper on the 22 day of March, 2013. /s/Kevin S. Firnstahl, City Clerk Wilmac Property Company - Linseed Oil Paintworks Building: Proof of publication on notice of public hearing to consider entering into a Development Agreement for the property located at 151 East 9th Street (Corner of 9th and Jackson) and the City Man- ager recommending approval. Motion by Braig to receive and file the documents and adopt Resolution No. 95-13 Approving issuance of Urban Renewal Tax Increment Rev- enue Obligations and the execution of a Development Agreement relating thereto with Wilmac Property Company. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 95-13 APPROVING ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OB- LIGATIONS AND THE EXECUTION OF A DEVELOPMENT AGREEMENT RELATING THERETO WITH WILMAC PROPERTY COMPANY Whereas, the City Council, by Resolution No. 79-13, dated March 4, 2013 declared its intent to enter into a Development Agreement with Wilmac Property Company, and Whereas, pursuant to published notice, a public hearing was held on the issuance of Urban Renewal Tax Increment Obligations on March 18, 2013 at 6:30 p.m. in the Histor- th ic Federal Building, 350 W. 6 Street, Dubuque, Iowa; and Whereas, it is the determination of the City council to approve the Urban Renewal Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of Iowa, and to enter into the Development Agreement relating thereto for the purpose of carry- ing out an Urban Renewal Plan as hereinafter described is in the public interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Development Agreement by and between the City of 16 Dubuque and Wilmac Property Company. is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Devel- opment Agreement on behalf of the City and City Clerk is authorized and directed to at- test to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. th Passed, approved and adopted this 18 day of March, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Sewer Revenue Capital Loan Notes - State of Iowa Revolving Fund Loan: City Man- ager recommending approval of the suggested proceedings for the issuance of not to exceed an additional $700,000 Sewer Revenue Capital Loan Notes from the Iowa Wa- ter Pollution Control Works Financing Program. Motion by Braig to receive and file the documents and adopt Resolution No. 96-13 Ratifying, confirming and approving publi- cation of Notice of Public Hearing for the issuance of an additional amount of not to ex- ceed $700,000 Sewer Revenue Capital Loan Notes; and Resolution No. 97-13 Institut- ing proceedings to take additional action for the authorization of a loan and disburse- ment agreement and the issuance of an additional amount of not to exceed $700,000 Sewer Revenue Capital Loan Notes. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 96-13 RATIFYING, CONFIRMING AND APPROVING PUBLICATION OF NOTICE OF PUB- LIC HEARING FOR THE ISSUANCE OF AN ADDITIONAL AMOUNT OF NOT TO EXCEED $700,000 SEWER REVENUE CAPITAL LOAN NOTES Whereas, the City of Dubuque, Iowa, is in need of funds to carry out the purpose of providing funds to pay the costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer Sys- tem, including those costs associated with the acquisition and installation of micro- turbines, compression skid, heat recovery units and related mechanical, electrical and site work at the Water & Resource Recovery Center to utilize anaerobic digester gas in a combined heat and power facility, and it is deemed necessary and advisable that said City should authorize a Loan and Disbursement Agreement and issue Sewer Revenue Capital Loan Notes, to the additional amount of not to exceed $700,000, as authorized by Sections 384.24A, 384.82, and 384.83 of the City Code of Iowa, for the purpose of providing funds to pay the costs thereof; and Whereas, before said Notes may be issued, it was necessary to comply with the pro- visions of said Code, and to publish an additional notice of the proposal to enter into a Loan and Disbursement Agreement and issue such Notes and of the time and place of the meeting at which it is proposed to take action of the issuance of the Notes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the action of the City Clerk setting an additional public hearing before th the City Council to meet at the Historic Federal Building, 350 West 6 Street, Dubuque, th Iowa, at 6:30 o'clock P.M., today, the 18 day of March, 2013, for the purpose of taking action on the matter of entering into a Loan and Disbursement Agreement and on the issuance of an additional amount of not to exceed $700,000 of the City, the proceeds of which will be used to provide funds to pay the costs of acquisition, construction, recon- 17 struction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer System, including those costs associated with the acquisition and in- stallation of microturbines, compression skid, heat recovery units and related mechani- cal, electrical and site work at the Water & Resource Recovery Center to utilize anaero- bic digester gas in a combined heat and power facility, is hereby ratified, confirmed and approved. Section 2. That the Clerk had caused publication to be made of a notice of said meet- ing, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City, said publication to be not less than four (4) nor more than twenty (20) clear days before the date of the public meeting on the issuance of the Notes. Section 3. That the form of notice of public hearing is hereby ratified, confirmed and approved. th Passed and approved this 18 day of March, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 97-13 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHOR- IZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF AN ADDITIONAL AMOUNT OF NOT TO EXCEED $700,000 SEWER REVENUE CAPITAL LOAN NOTES Whereas, pursuant to notice published as required by law, this Council has held an additional public meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan and Disbursement Agreement and the issuance of an additional amount of not to exceed $700,000 Sewer Revenue Capital Loan Notes, for the purpose of paying part of acquisition, construction, reconstruction, extending, remodeling, im- proving, repairing and equipping all or part of the Municipal Sewer System, including those costs associated with the acquisition and installation of microturbines, compres- sion skid, heat recovery units and related mechanical, electrical and site work at the Water & Resource Recovery Center to utilize anaerobic digester gas in a combined heat and power facility, and has considered the extent of objections received from resi- dents or property owners as to said proposal and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOWA: Section 1. That this Council does hereby institute proceedings and take additional ac- tion for the authorization of a Loan and Disbursement Agreement and issuance in the manner required by law of an additional amount of not to exceed $700,000 Sewer Rev- enue Capital Loan Notes, to evidence the obligation thereof for the foregoing purpose. th Passed and approved this 18 day of March, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were suspended limiting discussion to the City Council. 18 ACTION ITEMS Park & Recreation Commission - Pets in Parks Recommendation: Council Member Ric Jones submitting a request to reconsider a proposed ordinance allowing leashed, licensed dogs in City parks. Correspondence from the Park & Recreation Commission relaying additional recom- mendations related to Veteran's Memorial Plaza and play areas. Correspondence from Health Services relaying current violation statistics related to pets in parks. Correspond- ence from Leisure Services relaying research about other cities related to pets in parks. Materials from the March 4, 2013 Council Meeting. Motion by Jones to reconsider the proposed ordinance. Seconded by Braig. Motion carried 7-0. Restated motion by Jones to consider the first reading of a proposed ordinance (with recommended changes) amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 5 Parks and Recreation By Adding Definitions Relating to Animals; Restricting Horsedrawn Vehicles; Permitting Dogs, Cats, and Domesticated Animals in Certain Parks, Open Spaces, and Trails Subject to Conditions; Establishing Leash and Waste Clean-Up Requirements; Prohibiting Animals Running At-Large With- in Parks, Open Spaces, or Trails; Permitting the Exercising of Dogs off Leash in Certain Areas; and Revising Park, Open Spaces and Trail Descriptions. Seconded by Braig. Motion carried 4-3 with Connors, Lynch, and Sutton voting nay. City Council requested the following changes be made to the ordinance for the sec- ond reading: 1) One-year trial period with evaluation; 2) Evaluation on enforcement op- tions; 3) Shorten the list of eligible parks; and 4) A clear definition of the geography of play areas. Council also requested information from staff related to funding of the asso- ciated costs of amenities such as waste bag, signage and public education. Council dis- cussion included concerns over health and safety, increased enforcement options, addi- tional costs, and impact on hosted events and pavilions. Leisure Services Manager re- sponded to questions from the City Council. (The second reading of this ordinance is scheduled for April 15, 2013). City Hall Envelope Restoration (Tuckpointing) - Project Award: City Manager recom- mending award of the contract for the City Hall Envelope Restoration (tuckpointing) to the low bidder, Randy Williams d/b/a R & W Restoration. Motion by Braig to receive and file the documents and adopt Resolution No. 98-13 Awarding the public improvement contract for the City Hall Envelope Restoration (Tuckpointing) Project. Seconded by Connors. Responding to questions, Architect Jeff Morton provided a clarification on the base bid and unit pricing of the bid tabulation and the qualifications of the successful contractor. Motion carried 7-0. RESOLUTION NO. 98-13 AWARDING THE PUBLIC IMPROVEMENT CONTRACT FOR THE CITY HALL EN- VELOPE RESTORATION (TUCKPOINTING) PROJECT Whereas, sealed proposals have been submitted by contractors for the City Hall En- velope Restoration (Tuckpointing) Project (the Project) pursuant to Resolution No. 39- 13 and the Notice to Bidders published in a newspaper published in the City of Dubu- que, Iowa on the 8th day of February, 2013; and st Whereas, said proposals were opened and read on the 21 day of February, 2013 19 and it has been determined that Randy Williams d/b/a R and W Restoration of Dubu- que, Iowa with a bid amount of $189,750.00 is the lowest responsive, responsible bid- der for the Project. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Randy Wil- liams d//b/a R and W Restoration 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 March, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Water & Resource Recovery Center Cogeneration Facilities - Award of Contract: City Manager recommending award of the contract for the Water & Resource Recovery Cen- ter Cogeneration Facilities Project to Total Mechanical Systems Incorporated. Motion by Jones to receive and file the documents and adopt Resolution No. 99-13 Awarding the public improvement contract for the Water & Resource Recovery Center Cogeneration Project. Seconded by Connors. W&RRC Manager Jonathon Brown and Randy Wertz of Strand Associates responded to questions regarding approximate costs, payback, and life expectancy of the turbines. Motion carried 7-0. RESOLUTION NO. 99-13 AWARDING THE PUBLIC IMPROVEMENT CONTRACT FOR THE WATER & RE- SOURCE RECOVERY CENTER COGENERATION PROJECT Whereas, sealed proposals have been submitted by contractors for the Water & Re- source Recovery Center Cogeneration Project pursuant to Resolution No. 8-13 and No- tice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the st 21 day of December, 2012; and th Whereas, said sealed proposals were opened and read on the 5 day of February, 2013 and it has been determined that Total Mechanical Systems Inc. of St. Paul, MN with a bid in the amount of $2,800,000 and an Alternative #1 bid amount of $355,000 is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Total Me- chanical Systems Inc. and the City Manager is hereby directed to execute a Public Im- provement Contract on behalf of the City of Dubuque for the Project. th Passed, approved and adopted this 18 day of March, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Housing Assistance Payment Fund Balance: City Manager recommending funds be deposited into the Housing Assistance Program fund from identified savings in the gen- eral fund to comply with a U.S. Department of Housing and Urban Development (HUD) reporting requirement. Motion by Connors to receive and file the documents and a ap- prove the recommendation. Seconded by Resnick. Motion carried 7-0. 20 Housing and Community Development Funding Partnership: City Manager recom- mending approval of a proposed partnership between the Community Housing Initia- tives (CHI), Dubuque Bank and Trust (DB&T) and the City Housing Department to re- store about 18 units in the Washington Neighborhood. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Braig. Housing and Community Development Director Alvin Nash responded to questions regarding the commercial/residential makeup of the units and provided more information on CHI. Mo- tion carried 7-0. Sustainable Dubuque - Request for Work Session: City Manager recommending that the City Council schedule a Sustainable Dubuque quarterly work session for Monday, May 6, at 5:00 p.m. to hear the final reports from the University of Iowa-Iowa Initiative for Sustainable Communities students. Motion by Connors to schedule the work session as recommended. Seconded by Jones. Motion carried 7-0. COUNCIL MEMBER REPORTS Braig expressed an interest in a work session on the Historic Millwork District at a fu- ture date. Resnick and Buol reported on their attendance at the recent Taste of the World event sponsored by the Multicultural Family Center stating that they thought it a successful and well attended event. There being no further business, upon motion the City Council adjourned at 7:53 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 1t 3/27 21