Loading...
4 15 13 City Council Proceedings Official_Regular CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on April 15, 2013 in th the Historic Federal Building, 350 W. 6 Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen, City Attorney Lindahl (via phone) 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) Young Professionals Community Days of Caring Day (April 26, 2013) was accepted by Julie Kronlage of the Dubuque Convention and Visitors Bureau. Laughter Day (May 5, 2013) was accepted by Patrick Sterenchuk of Laughter Yoga, 239 Alpine Street. Dress Blue for MS Day (May 3, 2013) was accepted by Barbara Robbins, 6190 Glen Eagle Court, during Public Input. CONSENT ITEMS Motion by Connors to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Resnick. Motion carried 7-0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 1/22, City Council proceedings of 4/8, Civil Service Commission of 4/18, Electrical, Code Board of 3/25, Historic Preservation Commission of 3/21, Historic Preservation Commission Education Task Force of 4/4, Library, Board of Trustees Update of 3/28, Long Range Planning Advisory Commission of 3/20, Park and Recreation Advisory Commission of 3/12, Zoning Board of Adjustment of 3/28, Proof of Publication for City Council proceedings of 3/18, Proof of Publication for List of Claims and Summary of Revenues for month ended 2/28. Upon motion the documents were received and filed. 1 Notice of Claims and Suits: Candy Hirsch for personal injury; William Latham for property damage; Anna Mae McClain for vehicle damage; Turpin Dodge Chrysler Jeep 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: Candy Hirsch for personal injury; Lee Latham for property damage; Anna Mae McClain for vehicle damage; Robert Piel, Sr. for personal injury; Turpin Dodge Chrysler Jeep for vehicle damage. Upon motion the documents were received, filed and concurred. The Moving Wall™: Certificate of Appreciation from The Moving Wall™ thanking the City of Dubuque for its support during its stop in the Port of Dubuque. Upon motion the document was received and filed. Hazard Mitigation Property Acquisition Demolition Program: City Manager recom- mending approval of the bid specifications for abatement of asbestos-containing materi- als and demolition of the flood-damaged structures at 1711 Old Mill Road and 1654 Manson Road. Upon motion the documents were received, filed and approved. Five Flags Center - Fiscal Year 2014 Detailed Operating Budget: City Manager rec- ommending approval of the Fiscal Year 2014 Five Flags Center proposed operating budget submitted by SMG. Upon motion the documents were received, filed and ap- proved. Fiscal Year 2014 Community Development Block Grant Program: City Manager rec- ommending approval of the Request for Release of Funds for the proposed projects ap- proved in the Fiscal Year 2014 (Program Year 2013) Annual Action Plan for Community Development Block Grant activities. Upon motion the documents were received and filed and Resolution No. 112-13 Authorizing Request for Release of Community Devel- opment Block Grant Funds for Fiscal Year 2014 (Program Year 2013) was adopted. RESOLUTION NO. 112-13 AUTHORIZING REQUEST FOR RELEASE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 2014 (PROGRAM YEAR 2013) Whereas, the City of Dubuque will enter into a Community Development Block Grant Agreement for the Fiscal Year commencing July 1, 2013, with the U.S. Department of Housing and Urban Development, providing for financial assistance to the City under Title I of the Housing and Community Development Act of 1974, as amended; and Whereas, pursuant to the rules and regulations as promulgated by the U.S. Depart- ment of Housing and Urban Development, an environmental review has been pro- cessed for the hereinafter listed projects to be financed with Community Development Block Grant funds; and Whereas, a Notice of Intent to Request Release of Funds for said grants has been published on April 17, 2013 to commence the required seven (7) day public comment period; and 2 Whereas, any and all comments received as a result of such notice will be duly con- sidered before proceeding with a Request for Release of Funds and Certification, and Whereas, a Request for Release of Funds and Certification must be sent to the U.S. Department of Housing and Urban Development at the conclusion of the comment peri- od. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor of the City of Dubuque is hereby authorized and directed to execute a Request for Release of Funds and Certification for the following identified Community Development Block Grant projects on or about April 26, 2013 and submit to the U.S. Department of Housing and Urban Development. Community Development Block Grant Annual Plan Projects Fiscal Year 2014 (Program Year 2013) Housing Programs: First Time Home Buyer Program; Homeowner Rehabilitation (Operation Upkeep; Residential Rehabilitation Loan Program); Housing Administration Services and Staff; Housing Code Enforcement; Housing Rehabilitation Services and Staff; Lead Hazard Control Program; Rental Unit Rehabilitation (Emergency Code En- forcement Loan Program; Moderate Income Rental Rehab Loan Program; Accessibility Rehab; Single Room Occupancy Rehab) Economic Development Programs: Commercial Industrial Building Rehab Loan pro- gram; Economic Development Financial Assistance Program Neighborhood and Com- munity Development Programs: Accessible Curb Ramps; Dubuque Dispute Resolution Center; Information and Referral Services Neighborhood Development Services and Staff; Neighborhood Infrastructure Improvements (Neighborhood Street Overlays; Neighborhood Sidewalk Program; Neighborhood Step/Wall Repair); Neighborhood Rec- reation Program; Neighborhood Support Grants; Opening Doors; Senior Center; Wash- ington Tool Library; Zoning Inspection/ Enforcement Planning and Administration: CDBG Administration Services and Staff No funds will be committed prior to completion of a review for other related laws of 24 CFR 58.5, including Section 106, if required for site-specific projects that are currently unidentified. Section 2. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a responsible federal official under the National Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Development responsibilities for review, decision making, and ac- tion assumed and carried out by the City of Dubuque as to environmental issues. Section 3. That the Mayor of the City of Dubuque is hereby authorized to consent personally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the federal courts if an action is brought to enforce responsibilities in rela- tion to environmental review, decision-making and action. th Passed, approved and adopted this 15 day of April 2013. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk 3 Dubuque Golf & Country Club - Fireworks Request: Correspondence from Richard Bugalski, General of the Dubuque Golf & Country Club requesting permission to display fireworks on Thursday, July 4, 2013 at about 9:30 p.m. on the DG&CC grounds with a rain date of July 5, 2013. Upon motion the document was received, filed and approved. Emergency Fire Dispatch (EFD) and Emergency Police Dispatch (EPD) Protocols: City Manager recommending approval to purchase Emergency Fire Dispatch and Emergency Police Dispatch Protocols from the Academy of Emergency Dispatch (Priori- ty Dispatch). Upon motion the documents were received, filed and approved. Prosperity Eastern Iowa (PEI) Membership: City Manager recommending approval to amend the Fiscal Year 2014 budget to increase the City's membership dues for Pros- perity Eastern Iowa. Upon motion the documents were received, filed and approved. Multicultural Family Center - Future Talk Program Assistant: City Manager recom- mending approval of the creation of a Future Talk Program Assistant position at the Multicultural Family Center. Upon motion the documents were received, filed and ap- proved. Iowa Economic Development Authority - Rousselot Dubuque, Inc.: City Manager rec- ommending approval of an amended contract with the Iowa Economic Development Au- thority for financial assistance on behalf of Rousselot Dubuque, Inc. for an expansion of their facility at 2350 Kerper Boulevard. Upon motion the documents were received and filed and Resolution No. 113-13 Approving an Economic Development Assistance Con- tract by and among Rousselot Dubuque, Inc., the City of Dubuque and the Iowa Eco- nomic Development Authority was adopted. RESOLUTION NO. 113-13 APPROVING AN ECONOMIC DEVELOPMENT ASSISTANCE CONTRACT BY AND AMONG ROUSSELOT DUBUQUE, INC., THE CITY OF DUBUQUE AND THE IOWA ECONOMIC DEVELOPMENT AUTHORITY Whereas, Rousselot, Inc. has proposed a $16 million expansion of its Dubuque facili- ty; and Whereas, the City of Dubuque submitted an application for state financial assistance on behalf of Rousselot, Inc. on August 6, 2012; and Whereas, the Iowa Economic Development Authority (IEDA) approved the applica- tion, pending the execution of Economic Development Assistance Contract 13- TC-006 between Rousselot, Dubuque Inc., the City of Dubuque and the IEDA; and Whereas, an amendment to the Contract was approved by the IEDA on March 22, 2013, reflecting a revision of the base number of jobs at Rousselot, prior to the expan- sion, from 75 to 72; and Whereas, the City Council finds that the proposed contract and amendment is ac- ceptable and necessary to the growth and development of the city. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Contract Number 13-TC-006 as amended with Rousselot, Dubuque, Inc. and the Iowa Economic Development Authority is approved. 4 Section 2. That the Mayor is hereby authorized and directed to execute the Contract on behalf of the City of Dubuque and forward the executed copy to the Iowa Economic Development Authority for their approval. th Passed, approved, and adopted this 15 day of April, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Civil Service Commission: Civil Service Commission submitting the certified lists for the positions of Account Clerk I, Land Surveyor, and Police Lieutenant. Upon motion the documents were received, filed and made a Matter of Record. April 8, 2013 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Account Clerk 1 was administered on March 20, 2013. We hereby certify that the in- dividuals listed below have passed this written examination and the vacancy for this po- sition should be made from this list and that this list is good for two (2) years from above date. Account Clerk 1 1. Timothy Hendricks 15. Andrea Grosvenor 29. Connie Heeren 2. Jane Glennon 16. Vickie Wilwert 30. Thomas Jarrad 3. Robert Lynn 17. Philip Zaffer 31. Timothy Messer 4. Kathleen Small 18. Barbara Flury 32. Jennifer Haile 5. Gregory Williams 19. Christine McNamara 33. Nicole Meyer 6. Crystal Brehm 20. Connie Meyer 34. Lindsey Schroeder 7. Jennifer Brinkschroeder 21. Karen Durnin 35. Lola Twaites 8. Ellen Ernst 22. Caitlin Kincannon 36. Ellie Adrian 9. Kelli Genz 23. Lincoln Swan 37. Erin Barton 10. Lisa Maas 24. Casie Trimble 38. Jennifer Hahn 11. Amy Otterbeck Gile 25. Annette Arnold 39. Jennifer Long 12. Toni Banworth 26. Joseph Gonzalez 40. Ann Correll-Haas 13. Janna Brunskill 27. Thomas Kauffmann 41. Patricia Deves 14. Jacqueline Frantzen 28. Tammie Norton 42. Paula Hardin 43. Michelle Rolling Respectfully submitted, Dan White, Chairman Civil Service Commission 5 April 8, 2013 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, a “take home” examination for the position of Land Surveyor was administered on February 19, 2013. We hereby certi- fy that the individuals listed below have passed this “take home” examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. Land Surveyor Joseph Reynolds and Russell Kieffer Respectfully submitted, Daniel White, Chairperson Civil Service Commission April 8, 2013 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, a promotional examination for the position of Police Lieutenant was administered on March 6, 2013. We hereby certify that the individuals listed below have passed the combined test and interview scores and any vacancy for this position should be made from this list and that this list is good for two years (April 8, 2015). Police Lieutenant Brad Shannon Steve Eastvedt Michael Hernandez Jay Morrissette John Jason Pace Bruce Deutsch Craig Salmonson Kurt Horch D. Brendan Welsh Travis Kramer Respectfully Submitted, Daniel White, Chairperson Civil Service Commission Zoning Board of Adjustment: Commissioner Michael Ruden submitting his resigna- tion from the Zoning Board of Adjustment. Upon motion the documents were received, filed and the resignation accepted. Request for Proposal - Port of Dubuque Marina Startup and Operation Consultant Services: City Manager recommending approval of the selection of Westrec Marinas for startup and operation consultant services for the Port of Dubuque Marina. Upon motion the documents were received, filed and approved. Request for Proposal - Telecommunications Carrier Assessment: City Manager rec- ommending approval of the release of a joint Request for Proposal for Telecommunica- tions Services for Dubuque County and the City of Dubuque for local voice, long dis- 6 tance, wide area network and internet services. Upon motion the documents were re- ceived, filed and approved. Mediacom Communications Company: Correspondence from Lee Grassley, Senior Manager of Government Relations for Mediacom Communications Company informing the City of rate adjustments being implemented on or about May 1, 2013. Upon motion the document was received and filed. Sustainable Dubuque Monthly Project Status Report: City Manager transmitting the Sustainable Dubuque Project Status Report for March 2013. Upon motion the docu- ments were received and filed. Improvement Contracts / Performance, Payment and Maintenance Bonds: Classic Protective Coatings, Inc. for the Asbury Water Tank Reconditioning Project; Nauman Nursery, Inc. for Dubuque Pack Memorial Landscaping; Portzen Construction, Inc. for the SEP Green Alley Project (Loras/Arlington). Upon motion the documents were re- ceived, filed and approved. Signed Contracts: Management Agreement with Kenneth Clayton for Miller-Riverview Park and Dubuque Water Sports Club. Upon motion the document was received and filed. Alcohol and Tobacco License Applications: City Manager recommending approval of annual liquor, beer, wine and tobacco licenses applications as submitted. Upon motion the documents were received and filed and Resolution No. 114-13 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. 115-13 Approving ap- plications for retail cigarette/tobacco sales permits, as required by Iowa Code 453A.47A were adopted. RESOLUTION NO. 114-13 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSI- NESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, 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. 7 RENEWALS Bar-X 2616 Windsor Ave. Class C Liquor (Sunday) Clarke University1550 Clarke Dr.Class C Liquor (Catering) (Sunday) Dubuque Golf & Country1800 Randall PlaceClass A Liquor (Sunday) (Outdoor) Dubuque Lodge No. 3552635 Windsor Ave.Class C Liquor (Sunday) Joliet Building Corp.781 Locust St.Class C Liquor (Sunday) Lot One, LLC100 Main St.Class C Liquor (Sunday) Neighbor's Tap1899 Rockdale Rd.Class C Liquor Paro Food Mart3200 Central Ave.Class C Beer (Sunday) Shot Tower Inn390 LocustClass C Liquor (Sunday) The Hub253 MainClass C Liquor (Sunday) Tobacco Outlet Plus #504806 Wacker Dr. Suite 140Class C Beer, Class B Native Wine (Sunday) NEW BP 16th Street 1215 E 16 th St. Class C Beer, Class B Native Wine (Sunday) th Passed, approved and adopted this 15 day of April, 2013. Roy D. Buol, Mayor Kevin S. Firnstahl, City Clerk Attest: RESOLUTION NO. 115-13 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 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 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. thth BP 16 Street, LLC 1215 East 16 St. Dubuque, IA. 52001 Monks Kaffee Pub 373 Bluff St. Dubuque, IA. 52001 th Passed, approved and adopted this 15 day of April, 2013. Roy Buol, Mayor Kevin S. Firnstahl, City Clerk Attest: Grand River Center Management Agreement Extension: City Manager recommend- ing approval of a temporary extension of the existing agreement with Platinum Hospitali- ty Group, LLC for management of the Grand River Center. Upon motion the documents were received and filed and Resolution No. 117-13 Approval of an amendment to the Facility Management Agreement between the City of Dubuque, Iowa, and Platinum Hospitality Group, LLC was adopted. 8 RESOLUTION NO. 117-13 APPROVAL OF AN AMENDMENT TO THE FACILITY MANAGEMENT AGREE- MENT BETWEEN THE CITY OF DUBUQUE, IOWA AND PLATINUM HOSPITALITY GROUP, LLC Whereas, Platinum Hospitality Group, LLC (Manager) and the City of Dubuque, Iowa th (City) entered into a Facility Management Agreement (the Agreement) dated the 4 day of June, 2001 for the purpose of Manager performing the management services for the Grand River Center (Facility) described in that Agreement; and Whereas, Section 13 of the Agreement states “The term of this Agreement shall be for a ten year period commencing six (6) months prior to the date of the opening of the Facility (the “Commencement Date”)”; and Whereas, the Facility opened October 25, 2003, therefore making the “Commence- ment Date” April 25, 2003; and Whereas, the City and the Manager now desire to extend the term of the Agreement for one (1) month; and Whereas, City and Manager now desire to amend the existing Facility Management Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the amendment to the Agreement attached hereto is hereby ap- proved on behalf of the City of Dubuque. Section 2. That the Mayor is hereby authorized to execute the amendment to the Agreement on behalf of the City of Dubuque. th Passed, approved and adopted this 15 day of April, 2013. Roy D. Buol, Mayor Kevin S. Firnstahl, City Clerk Attest: 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. Heather Kakert with Ament Design and Gary Blosch of the Building Services De- partment provided a brief presentation on the Fifth and Bluff Streets Public Restroom Project. Fifth and Bluff Streets Public Restroom Project: City Manager recommending initia- th tion of the public bidding process for the 5 and Bluff Public Restroom Project, and fur- ther recommends that a public hearing be set for May 6, 2013. Upon motion the docu- ments were received and filed and Resolution No. 118-13 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertise- th ment for bids (5 and Bluff Public Restroom Project) was adopted setting a public hear- ing for a meeting to commence at 6:30 p.m. on May 6, 2013 in the Historic Federal Building. 9 RESOLUTION NO. 118-13 th 5and BLUFF PUBLIC RESTROOM PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND OR- DERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: th The proposed plans, specifications, form of contract and estimated cost for the 5 and Bluff Public Restroom Project in the estimated amount $249,000, are hereby pre- liminarily approved and ordered filed in the office of the City Clerk for public inspection. th A public hearing will be held on the 6day of May 2013, at 6:30 p.m. in the His- toric Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a news- paper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. th The 5and Bluff Public Restroom Project is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be pub- lished in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before th the date for filing bids before 2:00 p.m. on the 9day of May, 2013. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Coun- th cil for final action at 6:30 p.m. on the 20day of May, 2013, in the Historic Federal th Building Council Chambers (second floor), 350 West 6Street, Dubuque, Iowa. th Passed, adopted and approved this 15day of April, 2013. Roy D. Buol, Mayor Kevin S. Firnstahl, CMC, City Clerk Attest: Water Main Relocation Project - Hwy. 151/61 and South Grandview Avenue Over- pass: City Manager recommending initiation of the bidding process for the Highway 151/61 South Grandview Avenue Overpass Water Main Relocation Project, and further recommends that a public hearing be set for May 6, 2013. Upon motion the documents were received and filed and Resolution No. 119-13 Preliminary approval of the specifi- cations, form of contract, and estimated cost; setting date of public hearing on the speci- fications, form of contract, and estimated cost; and ordering the advertisement for bids (Hwy. 151/61 South Grandview Avenue Overpass Water Main Relocation Project) was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 6, 2013 in the Historic Federal Building. 10 RESOLUTION NO. 119-13 PRELIMINARY APPROVAL OF THE SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON THE SPECIFI- CATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the con- struction cost for the project to relocate the Hwy. 151/61 South Grandview Avenue overpass water main are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. th A public hearing will be held on the 6 day of May, 2013, at 6:30 p.m. in the Historic Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached no- tice of the time and place of such hearing to be published in a newspaper having gen- eral circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hear- ing, any interested person may appear and file objections to the proposed specifica- tions, form of contract, or estimated cost of the Project. The Hwy. 151/61 South Grandview Avenue Overpass Water Main Relocation Project is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the improvements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the date for filing bids before th 2:00 p.m. on the 16 day of May, 2013. Bids shall be opened and read by the City Clerk at 2:00 p.m. and will be submitted to the City Council for final action at the public hear- th ing at 6:30 p.m. on the 20 day of May, 2013, in the Historic Federal Building Council th Chambers (Second Floor), 350 West 6 Street, Dubuque, Iowa. th Passed, adopted and approved this 15 day of April, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Sale of Property - 2268 Washington Street: City Manager recommending that a pub- lic hearing be set for May 6, 2013 on the sale of City-owned real estate at 2268 Wash- ington Street to Kaylyn A. Mullady. Upon motion the documents were received and filed and Resolution No. 120-13 Resolution of Intent to dispose of City-owned property, Lot 1 Bee Branch Sub. No. 7, in the City of Dubuque, Iowa, according to the recorded plat thereof -- 2268 Washington Street, was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 6, 2013 in the Historic Federal Building. 11 RESOLUTION NO. 120- 13 INTENTION TO DISPOSE OF CITY-OWNED PROPERTY, LOT 1 BEE BRANCH SUB. NO. 7, IN THE CITY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF – 2268 WASHINGTON STREET Whereas, the City of Dubuque, has acquired certain real properties in connection with the Bee Branch Creek Re-Alignment Project; and Whereas, the City has received an offer to purchase this property from Kaylyn A. Mullady; and Whereas, by accepting an offer to purchase for this property the City’s objective for providing homeownership to a qualifying buyer 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: “Lot 1 Bee Branch Sub. No. 7 in the City of Dubuque, Iowa, according to the record- ed plat thereof.” Section 2. That the City of Dubuque, Iowa, proposes to dispose of its interest in the above-described real property to Kaylyn A. Mullady, for the sum of $119,500. 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 for a public hearing on the City’s intent to dispose of the above-described property, to be held on th May 6, 2013, at 6:30 p.m. at the Federal Building, 350 W. 6 Street, Dubuque, Iowa. th Passed, approved and adopted this 15 day of April, 2013. Roy D. Buol, Mayor Kevin S. Firnstahl, City Clerk Attest: Fiscal Year 2013 Second Budget Amendment: City Manager recommending that a public hearing be set for May 6, 2013 on Fiscal Year 2013 Budget Amendment No. 2. Upon motion the documents were received and filed and Resolution No. 121-13 Setting the date for the public hearing on Amendment No. 2 to the Fiscal Year 2013 Budget for the City of Dubuque was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 6, 2013 in the Historic Federal Building. RESOLUTION NO. 121-13 SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 2 TO THE FISCAL YEAR 2013 BUDGET FOR THE CITY OF DUBUQUE Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and place for a public hearing on amendments to the budget and publish notice before the hearing as provided in Iowa Code Section 362.3 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on proposed Amend- ment No. 2 to the Fiscal Year 2013 budget for the City of Dubuque at the City Council th Chambers at the Historic Federal Building, 350 West 6 Street, Dubuque, Iowa, on Monday, May 6, 2013, beginning at 6:30 p.m. 12 Section 2. That the City Clerk be and is hereby authorized and directed to publish no- tice of the public hearing, according to law, together with the required budget infor- mation. th Passed, approved and adopted this 15 day of April 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Greater Downtown Urban Renewal District Amendment Including Expansion: City Manager recommending approval of a Resolution of Necessity that finds that an amendment of the Amended and Restated Urban Renewal Plan for the Greater Down- town Urban Renewal District is both necessary and appropriate and would be expanded to include the area bounded by Harrison, Salina, and Camp Streets. He further recom- mends that a public hearing on the proposed amendment be set for June 3, 2013. Upon motion the documents were received and filed and Resolution No. 122-13 Resolution of Necessity finding that a certain area adjacent to the Greater Downtown Urban Renewal District meets the definition of a blighted area under the Urban Renewal Law, and that development of said Area is necessary in the interest of the residents of the City of Dubuque, Iowa, and setting dates of hearing and consultation on a proposed amend- ment to the Urban renewal Plan for said District was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 3, 2013 in the Historic Federal Building. RESOLUTION NO. 122-13 NECESSITY FINDING THAT A CERTAIN AREA ADJACENT TO THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT MEETS THE DEFINITION OF AN BLIGHTED AREA UNDER THE URBAN RENEWAL LAW, AND THAT DEVELOP- MENT OF SAID AREA IS NECESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA, AND SETTING DATES OF HEARING AND CON- SULTATION ON A PROPOSED AMENDEMENT TO THE URBAN RENEWAL PLAN FOR SAID DISTRICT Whereas, the City Council of the City of Dubuque has heretofore approved the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District (the “District”) in order to provide redevelopment opportunities which will further the purposes and objectives of the foregoing Urban Renewal Plan; and Whereas, the City Council has found that certain areas adjacent to the District meet the definition of a blighted area as found in Chapter 403 "Urban Renewal" of the Iowa Code; and Whereas, Chapter 403 of the Iowa Code requires that before urban renewal authority may be exercised, a City Council must adopt a resolution of necessity finding that the area in question is a slum, blighted or economic development area, and that so desig- nating such area is necessary in the interest of the public health, safety or welfare of the residents of the municipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Harrison Street Sub-area generally described in Exhibit A to this Resolution, which is proposed to be added to the Greater Downtown Urban Renewal District, is a blighted area as defined by Chapter 403 of the Iowa Code and is appropri- ate for an urban renewal project. 13 Section 2. That the development of the above-described expansion area is neces- sary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning and local community objectives. Section 3. That the City Manager is authorized and directed to prepare an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District to accomplish the foregoing purposes and objectives, to include in such Plan any appro- priate project activities and details, to forward said Plan to the City's Long Range Plan- ning Advisory Commission for review and comment, and to determine and appropriate date for and conduct the consultation process required by law with affected taxing enti- ties concerning the proposed amendment. Section 4. That the City Council hold a public hearing on the adoption of the pro- posed Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District on June 3, 2013 at 6:30 p.m. in the Historic Federal Building, 350 West th 6 Street, Dubuque, Iowa 52001. The notice of said hearing shall generally identify the areas covered by the Amended and Restated Plan, the areas proposed to be added to the District, and the general scope of the urban renewal activities planned for such are- as, and said notice shall be published and available to the public not less than four days nor more than twenty days before the date of said meeting. A copy of the notice of pub- lic hearing shall be sent by ordinary mail to the affected taxing entities. Section 5. That the City Clerk is further directed to send by ordinary mail a copy of said Amended and Restated Urban Renewal Plan, the notice of public hearing, and, to the extent the amendment includes the use of tax increment revenues for a public build- ing, an analysis of alternative development and funding options for such public build- ings, to the Dubuque Community School District and the County Board of Supervisors, as the affected taxing entities. th Passed, approved and adopted this 15 day of April, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Lake Ridge - Urban Renewal District Amendment: City Manager recommending ap- proval of a Resolution of Necessity that finds that an Amended and Restated Urban Re- newal Plan for the Lake Ridge Economic Development District is both necessary and appropriate and further recommends that a public hearing on the proposed amendment be set for June 3, 2013. Upon motion the documents were received and filed and Reso- lution No. 123-13 Resolution of Necessity finding that the established Lake Ridge Eco- nomic Development District meets the definition of an Economic Development Area un- der the Urban Renewal Law, and that development of said Area is necessary in the in- terest of the residents of the City of Dubuque, Iowa, and setting dates of hearing and consultation on a proposed amendment to the Urban Renewal Plan for said District was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 3, 2013 in the Historic Federal Building. 14 RESOLUTION NO. 123-13 NECESSITY FINDING THAT THE ESTABLISHED LAKE RIDGE ECONOMIC DE- VELOPMENT DISTRICT MEETS THE DEFINITION OF AN ECONOMIC DEVELOP- MENT AREA UNDER THE URBAN RENEWAL LAW, AND THAT DEVELOPMENT OF SAID AREA IS NECESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA, AND SETTING DATES OF HEARING AND CONSULTA- TION ON A PROPOSED AMENDMENT TO THE URBAN RENEWAL PLAN FOR SAID DISTRICT Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 247- 11, adopted August 1, 2011, approved the Urban Renewal Plan for the Lake Ridge Economic Development District (the “District”) in order to provide redevelopment oppor- tunities which will further economic development purposes and objectives as described in the Urban Renewal Plan; and Whereas, Chapter 403 of the Iowa Code states that a municipality shall not approve an urban renewal project for an urban renewal area unless the governing body has amended or modified the adopted urban renewal plan to include the urban renewal pro- ject. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the continued development of the Lake Ridge Economic Develop- ment District is necessary and appropriate to facilitate the proper growth and develop- ment of the community in accordance with sound planning and local community objec- tives. Section 2. That the City Manager is authorized and directed to prepare an amend- ment to the Urban Renewal Plan for the Lake Ridge Economic Development District, setting forth the urban renewal projects that are currently expected to be undertaken in the District, and to determine an appropriate date for and conduct the consultation pro- cess required by law with affected taxing entities concerning the proposed amendment. Section 3. That the City Council hold a public hearing on the adoption of the pro- posed Amended and Restated Urban Renewal Plan for the Lake Ridge Economic De- velopment District on June 3, 2013 at 6:30 p.m. in the Historic Federal Building, 350 th West 6 Street, Dubuque, Iowa 52001. The notice of said hearing shall generally identi- fy the area covered by the Amended and Restated Urban Renewal Plan and the scope of the urban renewal project activities planned for such area, and said notice shall be published and available to the public not less than four days nor more than twenty days before the date of said meeting. A copy of the notice of public hearing shall be sent by ordinary mail to the affected taxing entities. Section 4. That the City Clerk is further directed to send by ordinary mail a copy of said Amended and Restated Urban Renewal Plan, the notice of public hearing, and, to the extent the amendment includes the use of tax increment revenues for a public build- ing, an analysis of alternative development and funding options for such public build- ings, to the Dubuque Community School District and the County Board of Supervisors, as the affected taxing entities. th Passed, approved and adopted this 15 day of April, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 15 Dubuque Brewing and Malting - Urban Renewal District Amendment: City Manager recommending adoption of a Resolution of Necessity that finds that an Amended and Restated Urban Renewal Plan for the Dubuque Brewing and Malting Urban Renewal District is both necessary and appropriate and further recommends that a public hearing on the proposed amendment be set for June 3, 2013. Upon motion the documents were received and filed and Resolution No. 124-13 Resolution of Necessity finding that the established Brewing and Malting Urban Renewal District meets the definition of a Blighted Area under the Urban Renewal Law, and that development of said Area is necessary in the interest of the residents of the City of Dubuque, Iowa, and setting dates of hearing and consultation on a proposed Amendment to the Urban Renewal Plan for said District was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 3, 2013 in the Historic Federal Building. RESOLUTION NO. 124-13 NECESSITY FINDING THAT THE ESTABLISHED BREWING AND MALTING URBAN RENEWAL DISTRICT MEETS THE DEFINITION OF A BLIGHTED AREA UNDER THE URBAN RENEWAL LAW, AND THAT DEVELOPMENT OF SAID AREA IS NECESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA, AND SETTING DATES OF HEARING AND CONSULTATION ON A PRO- POSED AMENDMENT TO THE URBAN RENEWAL PLAN FOR SAID DISTRICT Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 301- 08, adopted September 2, 2008, approved the Urban Renewal Plan for the Dubuque Brewing and Malting Urban Renewal District (the “District”) in order to provide redevel- opment opportunities which will further the purposes and objectives of eliminating blight and promoting economic development as described in the Urban Renewal Plan; and Whereas, Chapter 403 of the Iowa Code states that a municipality shall not approve an urban renewal project for an urban renewal area unless the governing body has amended or modified the adopted urban renewal plan to include the urban renewal pro- ject. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the continued development of the Dubuque Brewing and Malting Ur- ban Renewal District is necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning and local community objectives. Section 2. That the City Manager is authorized and directed to prepare an amend- ment to the Urban Renewal Plan for the Dubuque Brewing and Malting Urban Renewal District, setting forth the urban renewal projects that are currently expected to be under- taken in the District, and to determine an appropriate date for and conduct the consulta- tion process required by law with affected taxing entities concerning the proposed amendment. Section 3. That the City Council hold a public hearing on the adoption of the pro- posed Amended and Restated Urban Renewal Plan for the Dubuque Brewing and Malt- ing Urban Renewal District on June 3, 2013 at 6:30 p.m. in the Historic Federal Building, th 350 West 6 Street, Dubuque, Iowa 52001. The notice of said hearing shall generally identify the area covered by the Amended and Restated Urban Renewal Plan and the scope of the urban renewal project activities planned for such area, and said notice 16 shall be published and available to the public not less than four days nor more than twenty days before the date of said meeting. A copy of the notice of public hearing shall be sent by ordinary mail to the affected taxing entities. Section 4. That the City Clerk is further directed to send by ordinary mail a copy of said Amended and Restated Urban Renewal Plan, the notice of public hearing, and, to the extent the amendment includes the use of tax increment revenues for a public build- ing, an analysis of alternative development and funding options for such public build- ings, to the Dubuque Community School District and the County Board of Supervisors, as the affected taxing entities. th Passed, approved and adopted this 15 day of April, 2013. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk Industrial Center Urban Renewal District Amendment: City Manager recommending approval of a Resolution of Necessity that finds that an amendment of the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Devel- opment District is both necessary and appropriate and further recommends that a public hearing on the proposed amendment be set for June 3, 2013. Upon motion the docu- ments were received and filed and Resolution No. 125-13 Resolution of Necessity find- ing that the established Dubuque Industrial Center Economic Development District meets the definition of an Economic Development Area under the Urban Renewal Law, and that development of said Area is necessary in the interest of the residents of the City of Dubuque, Iowa, and setting dates of hearing and consultation on a proposed amendment to the Urban Renewal Plan for said District was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 3, 2013 in the Historic Federal Building. RESOLUTION NO. 125-13 NECESSITY FINDING THAT THE ESTABLISHED DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT MEETS THE DEFINITION OF AN ECONOM- IC DEVELOPMENT AREA UNDER THE URBAN RENEWAL LAW, AND THAT DE- VELOPMENT OF SAID AREA IS NECESSARY IN THE INTEREST OF THE RESI- DENTS OF THE CITY OF DUBUQUE, IOWA, AND SETTING DATES OF HEARING AND CONSULTATION ON A PROPOSED AMENDMENT TO THE URBAN RENEW- AL PLAN FOR SAID DISTRICT Whereas, the City Council of the City of Dubuque has heretofore, by Resolution No. 87-11, adopted on March 7, 2011 approved the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District (the “District”) in order to provide redevelopment opportunities which will further the purposes and objec- tives of the foregoing Urban Renewal Plan; and Whereas, Chapter 403 of the Iowa Code states that a municipality shall not approve an urban renewal project for an urban renewal area unless the governing body has amended or modified the adopted urban renewal plan to include the urban renewal pro- ject. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the continued development of the Dubuque Industrial Center Eco- 17 nomic Development District is necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning and local com- munity objectives. Section 2. That the City Manager is authorized and directed to prepare an amend- ment to the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, setting forth the urban renewal projects that are currently expected to be undertaken in the District, and to determine an appropriate date for and conduct the consultation process required by law with affected taxing enti- ties concerning the proposed amendment. Section 3. That the City Council hold a public hearing on the adoption of the pro- posed amendment to the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District on June 3rd, 2013 at 6:30 p.m. in the th Historic Federal Building, 350 West 6 Street, Dubuque, Iowa 52001. The notice of said hearing shall generally identify the areas covered by the Amended and Restated Urban Renewal Plan and the scope of the urban renewal project activities planned for such ar- eas, and said notice shall be published and available to the public not less than four days nor more than twenty days before the date of said meeting. A copy of the notice of public hearing shall be sent by ordinary mail to the affected taxing entities. Section 4. That the City Clerk is further directed to send by ordinary mail a copy of said amendment to the Amended and Restated Urban Renewal Plan, the notice of pub- lic hearing, and, to the extent the amendment includes the use of tax increment reve- nues for a public building, an analysis of alternative development and funding options for such public buildings, to the Dubuque Community School District and the County Board of Supervisors, as the affected taxing entities. th Passed, approved and adopted this 15 day of April, 2013. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk Technology Park Urban Renewal District Amendment: City Manager recommending approval of a Resolution of Necessity that finds that an Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center / South Economic Development District is both necessary and appropriate; determines that the District shall henceforth be re- ferred to as the Dubuque Technology Park Economic Development District and further recommends that a public hearing on the proposed amendment be set for June 3, 2013. Upon motion the documents were received and filed and Resolution No. 126-13 Resolu- tion of Necessity finding that the established Dubuque Industrial Center / South Eco- nomic Development District meets the definition of an Economic Development Area un- der the Urban Renewal Law, determining that the name and all subsequent references to the district shall change to the Dubuque Technology Park Economic Development District, that development of said Area is necessary in the interest of the residents of the City of Dubuque, Iowa, and setting dates of hearing and consultation on a proposed amendment to the Urban Renewal Plan for said District was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 3, 2013 in the Historic Federal Building. 18 RESOLUTION NO. 126-13 NECESSITY FINDING THAT THE ESTABLISHED DUBUQUE INDUSTRIAL CENTER / SOUTH ECONOMIC DEVELOPMENT DISTRICT MEETS THE DEFINITION OF AN ECONOMIC DEVELOPMENT AREA UNDER THE URBAN RENEWAL LAW, DE- TERMINING THAT THE NAME AND ALL SUBQUENT REFERENCES TO THE DIS- TRICT SHALL CHANGE TO THE DUBUQUE TECHNOLOGY PARK ECONOMIC DEVELOPMENT DISTRICT, THAT DEVELOPMENT OF SAID AREA IS NECESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA, AND SETTING DATES OF HEARING AND CONSULTATION ON A PROPOSED AMEND- MENT TO THE URBAN RENEWAL PLAN FOR SAID DISTRICT Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 141- 97, adopted April 7, 1997, approved the Urban Renewal Plan for the Dubuque Industrial Center / South Economic Development District (the “District”) in order to provide rede- velopment opportunities which will further economic development purposes and objec- tives as described in the Urban Renewal Plan; and Whereas, Chapter 403 of the Iowa Code states that a municipality shall not approve an urban renewal project for an urban renewal area unless the governing body has amended or modified the adopted urban renewal plan to include the urban renewal pro- ject; and Whereas, in connection with an updating of the Urban Renewal Plan for the District, the City desires to change the name and all subsequent references to the Dubuque In- dustrial Center / South Economic Development District to the Dubuque Technology Park Economic Development District. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the continued development of the Dubuque Industrial Center / South Economic Development District is necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning and local community objectives. Section 2. That the existing Dubuque Industrial Center South Economic Development District shall henceforth be renamed the Dubuque Technology Park Economic Devel- opment District, with the Dubuque Technology Park Economic Development District continuing under all previous authority provided by local law or state statue to the Dubuque Industrial Center / South Economic Development District. Section 3. That the City Manager is authorized and directed to prepare an amend- ment to the Urban Renewal Plan for the newly named Dubuque Technology Park Eco- nomic Development District, setting forth the urban renewal projects that are currently expected to be undertaken in the District, and to determine an appropriate date for and conduct the consultation process required by law with affected taxing entities concern- ing the proposed amendment. Section 4. That the City Council hold a public hearing on the adoption of the pro- posed Amended and Restated Urban Renewal Plan for the Dubuque Technology Park Economic Development District on June 3, 2013 at 6:30 p.m. in the Historic Federal th Building, 350 West 6 Street, Dubuque, Iowa 52001. The notice of said hearing shall generally identify the area covered by the Amended and Restated Urban Renewal Plan and the scope of the urban renewal project activities planned for such area, and said notice shall be published and available to the public not less than four days nor more 19 than twenty days before the date of said meeting. A copy of the notice of public hearing shall be sent by ordinary mail to the affected taxing entities. Section 5. That the City Clerk is further directed to send by ordinary mail a copy of said Amended and Restated Urban Renewal Plan, the notice of public hearing, and, to the extent the amendment includes the use of tax increment revenues for a public build- ing, an analysis of alternative development and funding options for such public build- ings, to the Dubuque Community School District and the County Board of Supervisors, as the affected taxing entities. th Passed, approved and adopted this 15 day of April, 2013. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions: Building Code Board of Appeals: One 3-Year term through August 1, 2014 (Vacant term of Anglese). Applicant: Mary Gotz, 1844 Bennett St. Ms. Gotz spoke in support of her appointment. Zoning Board of Adjustment: Two 5-Year terms: One term through March 25, 2015 (Vacant term of Ruden); and One term through March 25, 2018 (Expiring term of Cremer). Applicants: Eugene Bird, 3357 Arrowwood Ln.; Jeff Cremer, 919 ½ Bluff St. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. Safe Routes To School - Dubuque School Safety Improvements Project: Proof of publication on notice of public hearing to consider the approval of plans, specifications, form of contract and estimated cost for the Safe Routes to School Program - Dubuque School Safety Improvements Project and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 127-13 Approval of plans, specifications, form of contract, and estimated cost for Safe Routes to School Program – Dubuque School Safety Improvements Project #SRTS-U- 2100(663)--8U-31. Seconded by Connors. Connors requested that staff provide a status report on the project after one year. Motion carried 7-0. RESOLUTION NO. 127-13 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT- ED COST FOR SAFE ROUTES TO SCHOOL PROGRAM - DUBUQUE SCHOOL SAFETY IMPROVEMENTS PROJECT #SRTS-U-2100(663)--8U-31 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 Safe Routes to School Program - Dubuque School Safety Improvements Project #SRTS-U-2100(663)--8U-31, in the estimated 20 amount $78,676.34, are hereby approved. th Passed, adopted and approved this 15 day of April, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Bunker Hill Pump Station Improvement Project: Proof of Publication on notice of pub- lic hearing to consider the approval of plans, specifications, form of contract and esti- mated cost for the Bunker Hill Pump Station Improvement Project and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 128-13 Approval of specifications, form of contract, and estimated cost for the Bunker Hill Pump Station Improvement Project. Seconded by Braig. Park Divi- sion Manager Steve Fehsal and Water Plant Manager Bob Green advised the Council that the impact on the adjacent dog park will be kept to a minimum and temporary fenc- ing used during construction. Motion carried 7-0. RESOLUTION NO. 128-13 APPROVAL OF SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE BUNKER HILL PUMP STATION IMPROVEMENT PROJECT. 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 with the of- fice of City Clerk and estimated cost for the Bunker Hill Pump Station Improvement Pro- ject, in the amount of $717,500.00, are hereby approved. th Passed, adopted and approved this 15 day of April, 2013. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Park & Recreation Commission - Pets in Parks Recommendation (Second Reading): Park & Recreation Commission submitting revised recommendations regarding allowing pets in City parks. City Manager submitting informational memos. Motion by Jones to receive and file the documents and consider the second reading of a proposed ordi- nance amending City of Dubuque Code of Ordinances Title 10 Public Ways and Proper- ty, Chapter 5 Parks and Recreation by adding definitions relating to Animals; Restricting Horse drawn 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 Within Parks, Open Spaces, or Trails; Permitting the Exercising of Dogs off Leash in Certain Areas; and Re- vising Park, Open Spaces and Trail Descriptions. Seconded by Braig. Park and Recrea- tion Commissioner Chuck Harris provided information on the amendments recommend- ed by the City Council at the April 1, 2013 meeting. City Council discussed concerns about enforcement, safety, sanitation and cost issues, and a trial period with evalua- tions. Motion failed 5-2 with Braig and Jones voting yay. 21 Sewer Revenue Capital Loan Note Series 2010E: City Manager recommending ap- proval of the proceedings to approve the revised loan documents concerning the in- crease in the principle amount of the Sewer Revenue Capital Loan Note, Series 2010E in order to provide funding for the Bee Branch Watershed Green Infrastructure Project. Motion by Connors to receive and file the documents and adopt Resolution No. 116-13 Amending the Series Resolution (Resolution No. 302-10) approved on August 10, 2010, said Resolution Approving and Authorizing a Loan and Disbursement Agreement by and Between the City of Dubuque and the Iowa Finance Authority and Authorizing and Providing for the Issuance of the $64,885,000 Sewer Revenue Capital Loan Note, Se- ries 2010E, in order to provide for the funding of the Bee Branch Watershed Green In- frastructure Project under the terms of a new Series 2010E Note in the principal amount of $74,285,000. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 116-13 AMENDING THE SERIES RESOLUTION (RESOLUTION NO. 302-10) APPROVED ON AUGUST 10, 2010, SAID RESOLUTION APPROVING AND AUTHORIZING A LOAN AND DISBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE AND THE IOWA FINANCE AUTHORITY AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF THE $64,885,000 SEWER REVENUE CAPI- TAL LOAN NOTE, SERIES 2010E, IN ORDER TO PROVIDE FOR THE FUNDING OF THE BEE BRANCH WATERSHED GREEN INFRASTRUCTURE PROJECT UNDER THE TERMS OF A NEW SERIES 2010E NOTE IN THE PRINCIPAL AMOUNT OF $74,285,000 Whereas, pursuant to Resolution No. 302-10 approved on August 10, 2010 (the "Se- ries Resolution"), the City of Dubuque (hereinafter the "Issuer") previously issued its Sewer Revenue Capital Loan Note, Series 2010E, dated August 18, 2010, to the extent of $64,885,000 (hereinafter the "Original Note"), pursuant to a Loan and Disbursement Agreement between Issuer and the Iowa Finance Authority dated of like date (the "Agreement"), for the purpose of defraying the costs of the Project as defined in the Se- ries Resolution; and Whereas, the Iowa Department of Natural Resources and the Iowa Finance Authority ("IFA"), as holder of the Original Note, have authorized an additional "sponsored pro- ject," namely, the Bee Branch Watershed Green Infrastructure Project, to be funded un- der the terms of a new note to be issued in the principal amount of $74,285,000; and Whereas, following a public hearing, this Council approved Resolution No. 201-12 on July 16, 2012 (the "Prior Resolution"), authorizing an increase in the principal amount of the Original Note from $64,885,000 to $74,285,000 but with no change in the interest rate; and Whereas, IFA now has informed the Issuer that the interest rate on the new note will be 1.75%, and has requested that the Original Note be exchanged for a new note in the principal amount of $74,285,000 and bearing interest at the rate of 1.75% (the "New Note"); and Whereas, a Sponsored Project Loan and Disbursement Agreement Amendment (hereinafter the "Amendment") has been prepared to reflect the exchange of the Origi- nal Note for the New Note, a copy of which is attached hereto as Exhibit A; and Whereas, pursuant to IRS regulations adoption of the Amendment constitutes a reis- suance of the Original Note. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IN THE COUNTY OF DUBUQUE, STATE OF IOWA: Section 1.That the Series Resolution be and is hereby amended to reflect the in- crease in the outstanding principal amount thereof from $64,885,000 to $74,285,000, and a change in the interest rate from 3.00% to 1.75%. Section 2.That the Amendment in substantially the form attached to this Resolution and the New Note are hereby authorized to be executed and issued on behalf of the Is- suer by the Mayor and attested by the City Clerk. Section 3.That the Finance Officer be and is hereby authorized and directed to exe- cute a tax certificate with respect to the reasonable expectations of the City concerning the Project and a related IRS Form 8038-G, and cause the same to be timely filed with the Internal Revenue Service. Section 4. Except as amended herein, all of the other terms and conditions of the Se- ries Resolution and Agreement are in all respects ratified, confirmed and approved and shall remain in full effect, including all tax covenants contained therein. The Prior Reso- lution, being no longer necessary, is hereby rescinded. th Passed and approved this 15 day of April, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Code of Ordinances - Motorcycles and Motorized Bicycles: City Manager recom- mending approval of an amendment to the Motorcycles and Motorized Bicycles Ordi- nance that requires that a person operating a motorcycle or motorized bicycle keep at least one hand on the handlebars at all times during operation. 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. Motion carried 7-0. Motion by Lynch for final consideration and passage of Ordinance No. 22-13 Amend- ing City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 7 Operation, Division 3 Operation of Motorcycles and Motorized Bicycles, Section 9-7- 321.275 Motorcycles and Motorized Bicycles by requiring a person operating a motor- cycle to keep at least one (1) hand on the handlebars at all times. Seconded by Jones. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 22-13 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHI- CLES AND TRAFFIC, CHAPTER 7 OPERATION, DIVISION 3 OPERATION OF MO- TORCYCLES AND MOTORIZED BICYCLES, SECTION 9-7-321.275 MOTORCYCLES AND MOTORIZED BICYCLES BY REQUIRING A PERSON OPERATING A MOTOR- CYCLE TO KEEP AT LEAST ONE (1) HAND ON THE HANDLEBARS AT ALL TIMES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 9-7-321.275 of the City of Dubuque Code of Ordinances is amended to read as follows: 9-7-321.275: MOTORCYCLES AND MOTORIZED BICYCLES: C. Sitting Position: A person operating a motorcycle or motorized bicycle shall ride only 23 upon the vehicle's permanent and regular attached seat. A person operating a motorcy- cle or motorized bicycle must keep at least one (1) hand on the handlebars at all times. Every person riding upon the vehicle shall be sitting astride the seat facing forward with one leg on either side of the vehicle. Section 2. This Ordinance takes effect upon publication. th Passed, approved, and adopted the 15 day of April, 2013. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk th Published officially in the Telegraph Herald newspaper on the 19 day of April, 2013. /s/Kevin s. Firnstahl, City Clerk Food Scrap Collection Alternative: City Manager recommending approval of a pro- posed food scrap and yard debris composting contract with Full Circle Organics, LLC. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Connors. Resource Management Coordinator Paul Schultz provided in- formation on what can be recycled with the program, commercial and residential differ- ences, economy, and subscription to the program. Motion carried 7-0. Request for Work Session - Port of Dubuque Marina Tour: City Manager requesting that the City Council schedule a work session for May 20, 2013, at 5:00 p.m. to tour the Port of Dubuque Marina prior to the June 1, 2013 dedication. Motion by Lynch to re- ceive and file the document and schedule the work session as recommended. Second- ed by Connors. Motion carried 7-0. Request to Schedule Work Session - Historic Millwork District: City Manager request- ing that the City Council schedule a work session on Monday, June 17, at 5:15 p.m. on a comprehensive update of the Historic Millwork District. Motion by Connors to receive and file the document and schedule the work session as recommended. Seconded by Lynch. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Jones received verification to citizen correspondence that the storm water issue on Kaufmann Avenue was being addressed by staff. Mayor Buol and Council Member Sutton reported on participating in the tree planting program on April 13 at Mt. Pleasant Home. There being no further business, upon motion the City Council adjourned at 8:05 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 24