10 7 19 City Clerk's Skeleton Notes and Meeting CallCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:00 p.m. on October 7, 2019 in
the second -floor Council Chamb.s of the Historic Federal Building, 350 W. 6th Street.
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Present: Mayor Pro Tem Rios ouncil Members Del Toro, Jones(Resnick, Sh wiCity
Manager Van Milligan, City Attorneys Brumwell
Ab
Myor 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
PRESENTATION(S)
1. 5:=5 PM (Prior to the start of the regular meeting) The Heartland Marimba
Quartet Music will perform via video in recognition of Arts and Humanities Month
The Heartland Marimba Quartet is the primary performing ensemble of Heartland
Marimba to give a platform to the music of American and international composers.
Between October 7 and October 14, the quartet will visit and perform for 20 elementary
and middle schools in the Dubuque area, connecting with approximately 6,000 students,
as part of the Dubuque Arts Council's Artists in Residence program.
PROCLAMATION(S)
1. Indigenous People's a ay (October 1. 2019)*
Accepted by
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2. Gentleman Day (Ocjober 16, 2019
Accepted by le
L'J 3. Arts and Hum nities M t (October p19)
Accepted by " /»4 � �y
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kia 4. Trick -or -Treat Nigplipplober 31, 2019)
Accepted by e
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CONSENT ITEMS
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1. Minutes and Reports Submitted
Cable TV Commission of 10/2; City Council proceedings of 9/16, 9/26; Civil Service
Commission of 9/20; Housing Trust Fund Committee of 9/25; Housing Commission of
9/24; Library Board of Trustees Council Update #190 or 9/26/19; Proof of Publication for
City Council proceedings of 8/26, 9/3, 9/9 and 9/16.
Suggested Disposition: Receive and File
2. Notice of Claims and Suits
Nick Helgerson for property damage, William Hickson for property damage, Mary
Kisting for vehicle damage, LJR Investments, LLC c/o Linsy Adams for property
damage, Jayantibhai Patel for property damage, Jhony Edgordo Ramirez for property
damage.
Suggested Disposition: Receive and File; Refer to City Attorney
3. Disposition of Claims
City Attorney advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Nick Helgerson
for property damage; William Hickson for property damage; Mary M. Kisting for vehicle
damage; LJR Investments, LLC c/o Linsy Adams for property damage; Jayantibhai
Patel for property damage; Jhony Edgordo Ramirez for property damage.
Suggested Disposition: Receive and File; Concur
4. Approval of City Expenditures
City Manager recommending City Council approval for payment of City expenditures.
RESOLUTION 344-19 Authorizing the Director of Finance and Budget/City Treasurer to
make certain payments of bills that must be paid and approved for payment in
accordance with City procedures
Suggested Disposition: Receive and File; Adopt Resolution(s)
5. Workers' Compensation Claims Administrative Services Agreement Addendum
City Manager recommending approval of an Addendum to the Agreement between the
City of Dubuque and Alternative Service Concepts (ASC) for services related to the
administration of the City's Workers' Compensation Program that extends the
Agreement through December 31, 2019.
Suggested Disposition: Receive and File; Approve
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Yays
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6. Community Development Block Grant Agreement (CDBG) with Dubuque
Visiting Nurse Association
City Manager recommending approval of the Community Development Block Grant
Agreement with Dubuque Visiting Nurse Association and authorizes the Mayor to
execute the agreement on behalf of the City.
RESOLUTION 345-19 Authorizing execution of a Community Development Block Grant
Agreement with Dubuque Visiting Nurse Association
Suggested Disposition: Receive and File; Adopt Resolution(s)
7. Community Development Block Grant (CDBG) Agreement with Crescent
Community Health Center
City Manager recommending approval of the Community Development Block Grant
Agreement with Crescent Community Health Center and authorizes the Mayor to
execute the agreement.
RESOLUTION 346-19 Authorizing execution of a Community Development Block Grant
Agreement with Crescent Community Health Center
Suggested Disposition: Receive and File; Adopt Resolution(s)
8. Community Impacts Related to FEMA Correspondence
City Manager transmitting additional information on community impacts regarding
correspondence with the Federal Emergency Management Agency (FEMA) from the
September 16, 2019 City Council agenda.
Suggested Disposition: Receive and File
9. Iowa Historic Tax Credit Report
City Manager providing a copy of the Iowa Historic Tax Credit Report.
Suggested Disposition: Receive and File
10. 2019 Justice Assistance Grant (JAG) Approval and Acceptance of Grant
Award
City Manager recommending acceptance of the 2019 Justice Assistance Grant (JAG)
award.
Suggested Disposition: Receive and File; Approve
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Yays
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11. 2019 Bulletproof Vest Partnership (BVP) Approval and Acceptance of Grant
Award
City Manager recommending approval to accept the 2019 Bulletproof Vest Partnership
grant award.
Suggested Disposition: Receive and File; Approve
12. Hitzler Rental, LLC - Grant Agreement for 1902 Central Avenue
City Manager recommending approval of a resolution approving a Grant Agreement
between the City of Dubuque and Hitzler Rental, LLC to redevelop property at 1902
Central Avenue.
RESOLUTION 347-19 Approving a Grant Agreement by and between the City of
Dubuque, Iowa and Hitzler Rental, LLC for the Redevelopment of 1902 Central Avenue
Suggested Disposition: Receive and File; Adopt Resolution(s)
13. National Disaster Resiliency Competition Grant Administrator to Resiliency
Coordinator
City Manager recommending approval to eliminate the Bee Branch Healthy Homes
Grant Administrator position and re -instate the Resiliency Coordinator position as a Full -
Time Equivalent position.
Suggested Disposition: Receive and File; Approve
14. Public, Educational, and Government (PEG) Capital Grant Expenditure
Request
City Manager recommending approval of the Cable TV Commission's request for
funding from the Public, Educational, and Government (PEG) Capital Grant for Access
Equipment and Facilities for the purchase a new graphics server and a new playback
server for the City of Dubuque's two government access cable channels.
Suggested Disposition: Receive and File; Approve
15. Rejecting Bids for the Fire Station No. 6 External Stairwell Addition Project
City Manager recommending rejection of the bids for the Fire Station 6 External
Stairwell, so the City Fire Department and Engineering staff can value engineer the
design and create alternatives that produce cost saving measures.
RESOLUTION 348-19 Rejecting competitive bid proposals received for the Fire Station
6 External Stairway Addition Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
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Yays
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Shaw
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16. East 5th Street Right -of -Way Dedication Plat
City Manager recommending approval of the Acquisition Plat of Lot 2-1-A, Adams
Company's 4th Addition, which provides additional right-of-way for the existing sidewalk
and utilities on the south side of East 5th Street from Ice Harbor Road to Bell Street.
RESOLUTION 349-19 Approving the Acquisition Plat of Lot 2-1-A, Adams Company's
4th Addition, in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
17. Acceptance of Grants of Easement for Sanitary Sewer Utility as Part of the
Cedar Lake - East Fifteenth Addition Public Improvement Project
City Manager recommending acceptance of the dedication of Grants of Easement for
Sanitary Sewer Utility over part of Lot 3 of Mineral Lot 221, and part of Lot 11 of Cedar
Lake Addition as part of the Cedar Lake — East Fifteenth Addition Public Improvements
Project.
RESOLUTION 350-19 Accepting Grants of Easement for Sanitary Sewer Utility
Associated with the Cedar Lake - East Fifteenth Addition Public Improvements in the
City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
18. Acceptance of Grant of Easement for Sanitary Sewer Utility for Mississippi
Heights Subdivision
City Manager recommending acceptance of a Grant of Easement for a sanitary sewer
utility across 360 Mississippi View Drive owned by Lance L. Marting and Lori A. Marling.
RESOLUTION 351-19 Accepting a Grant of Easement for Sanitary Sewer Utility Across
Parts of Lot 1 of Mississippi Heights Subdivision No. 5 and Lot 10 of Mississippi Heights
Subdivision No. 3, in the City of Dubuque Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
19. Emergency Retaining Wall Repair on Madison Street
City Manager recommending approval of emergency repairs to the public retaining wall
along Madison Street and the associated street pavement and sidewalk portions in the
interest of public safety and welfare.
RESOLUTION 352-19 Authorizing emergency repairs to the retaining wall on Madison
Street and the associated street pavement and sidewalk portions
Suggested Disposition: Receive and File; Adopt Resolution(s)
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20. U.S. Environmental Protection Agency (EPA) Consent Decree Semi Annual
Report
City Manager transmitting the September 30, 2019 Consent Decree Semi Annual
Report required to be submitted to the U.S. Environmental Protection Agency.
Suggested Disposition: Receive and File
21. Civil Service Commission - Certified Lists
Civil Service Commission submitting certified lists for the positions of Sanitation Driver,
Utility Worker, and Water Plant Operator.
Suggested Disposition: Receive and File; Make Matter of Record
22. Citizen Petition - Climate Emergency Declaration
Citizen petition submitted by Richard Fischer regarding a declaration of Climate
Emergency and Demand for Climate Justice.
Suggested Disposition: Receive and File; Refer to Resilient Community Advisory
Commission
23. Exploratory Effort to Form a Mississippi River Port of Eastern Iowa and
Western Illinois Port Statistical Area
City Manager recommending approval of a letter to be sent to Bi -State Regional
Commission expressing support for an exploratory study of the designation of eastern
Iowa and western Illinois as a port statistical area.
Suggested Disposition: Receive and File; Approve
24. Signed Contract(s)
Braun Intertec for Roosevelt Street Water Tower Advanced Geotechnical Inspection
and Testing (Pressure Zone 2); Dubuque Rescue Mission Revocable License for
placement of planters and trash receptacles in the public right-of-way at 389 Main
Street.
Suggested Disposition: Receive and File
25. Improvement Contracts / Performance, Payment and Maintenance Bonds
Tschiggfrie Excavating Co. for the East Blum Site Foundation and Contaminated Soil
Removal Project
Suggested Disposition: Receive and File; Approve
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Yays
Nays
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26. Alcohol and Tobacco License Applications
City Manager recommending approval of annual liquor, beer, wine and tobacco license
applications as submitted.
RESOLUTION 353-19 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 Liquor, Beer and Wine Licenses and
Permits
RESOLUTION 354-19 Approving applications for retail cigarette/tobacco
sales/nicotine/vapor permits, as required by Iowa Code Chapter 453A.47A
Suggested Disposition: Receive and File; Adopt Resolution(s)
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ITEMS SET FOR PUBLIC HEARING
1. Merge, LLC Development Agreement
2. Greater Downtown Urban Renewal District - Resolution of Necessity
3. Establishment of the Dubuque Urban Revitalization District
11/18/19
4. Progressive Processing, LLC Third Amendment to Development Agreement
5. Walter Development, LLC; BAS Development, LLC; and Unison Solutions
Development Agreement
6. Walter Development, LLC Development Agreement
7. Ice Harbor Flood Gate Abutment Repair Project
8. Dubuque Industrial Center West (DICW) Urban Renewal Plan Amendment
2019.1 - Resolution of Necessity
11/4/19
9. Multicultural Family Center Expansion and Renovation Project
10/21/19
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1. Merge, LLC Development Agreement
City Manager recommending that the City Council set a public hearing for November
18, 2019, on the proposed Development Agreement between Merge, LLC and the City
of Dubuque providing for the sale of City -owned real estate in Greater Downtown Urban
Renewal District to Merge, LLC and the issuance of Urban Renewal Tax Increment
Revenue Grant obligations.
RESOLUTION 355-19 (1) Approving the Minimum Requirements, Competitive Criteria,
and Offering Procedures for the Development and the Sale of Certain Real Property
And Improvements in the Greater Downtown Urban Renewal District; (2) Determining
that the Offer to Purchase submitted by Merge, LLC satisfies the Offering Requirements
with respect to the real property and improvements and declaring the intent of the City
Council to approve the sale to Merge, LLC in the event that no competing proposals are
submitted; and (3) Soliciting competing proposals
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for
November 18, 2019
2. Greater Downtown Urban Renewal District - Resolution of Necessity
City Manager recommending approval of a resolution that authorizes and directs the
City Manager to prepare a proposed Amended and Restated Urban Renewal Plan for
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the Greater Downtown Urban Renewal District and sets a public hearing for November
18, 2019, on the proposed Amended and Restated Urban Renewal Plan.
RESOLUTION 356-19 Authorizing and directing the City Manager to prepare an
Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal
District, and setting dates of hearing and consultation on a proposed Amended and
Restated Urban Renewal Plan for said District
Suggested Disposition: Receive and File; Adopt Resolution, Set Public Hearing for
November 18, 2019
3. Establishment of the Dubuque Urban Revitalization District
City Manager recommending adoption of a resolution setting a public hearing for
November 18, 2019, on the Dubuque Urban Revitalization Plan.
RESOLUTION 357-19 Finding that the designation of the Dubuque urban Revitalization
Plan is necessary in the interest of the public health, safety and welfare of the residents
of the City of Dubuque and providing for a public hearing thereon
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for
November 18, 2019
4. Progressive Processing, LLC Third Amendment to Development Agreement
City Manager recommending approval of a Third Amendment to the Development
Agreement between the City of Dubuque and Progressive Processing, LLC to facilitate
Progressive Processing's expansion.
RESOLUTION 358-19 Resolution of Intent to consider a proposed Third Amendment to
Development Agreement; 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 Grant Obligations to Progressive Processing, LLC; and providing for the
publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for
November 4, 2019
5. Walter Development, LLC; BAS Development, LLC; and Unison Solutions
Development Agreement
City Manager recommending that the City Council set a public hearing for November 4,
2019, on a proposed Development Agreement by and among the City of Dubuque,
Walter Development, LLC, BAS Development, LLC, and Unison Solutions, Inc.
providing for the sale of city -owned real estate to BAS Development, LLC and the
issuance of Urban Renewal Tax Increment Revenue Grant Obligations.
RESOLUTION 359-19 Resolution of Intent to dispose of an interest in City of Dubuque
Owned real estate by sale to BAS Development, LLC pursuant to a proposed
Development Agreement; fixing the date for a public hearing of the City Council of the
City of Dubuque, Iowa on the proposed sale of the real estate and on the issuance of
Urban Renewal Tax Increment Revenue Grant Obligations to Unison Solutions, Inc.;
and providing for the publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for
November 4, 2019
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6. Walter Development, LLC Development Agreement
City Manager recommending that the City Council set a public hearing for November 4,
2019 to approve the Development Agreement between the City of Dubuque and Walter
Development, LLC.
RESOLUTION 360-19 Resolution of Intent to dispose of an interest in City of Dubuque
real estate pursuant to a Development Agreement Between the City of Dubuque and
Walter Development, LLC and fixing the date for a public hearing of the City Council of
the City of Dubuque, Iowa on the Development Agreement including the proposed
issuance of Urban Renewal Tax Increment Revenue Grant Obligations and providing for
the publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for
November 4, 2019
7. Ice Harbor Flood Gate Abutment Repair Project
City Manager recommending initiation of the public bidding procedure for the Ice Harbor
Gate Abutment Repair Project, and further recommends that a public hearing be set for
November 4, 2019.
RESOLUTION 361-19 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 advertisement of bids
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for
November 4, 2019
8. Dubuque Industrial Center West (DICW) Urban Renewal Plan Amendment
2019.1 - Resolution of Necessity
City Manager recommending approval of a Resolution of Necessity which finds that an
Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center
Economic Development District is both necessary and appropriate and sets a public
hearing on the proposed Amended and Restated Urban Renewal Plan for November 4,
2019.
RESOLUTION 362-19 Authorizing and directing the City Manager to prepare an
Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center
Economic Development District, and setting dates of hearing and consultation on the
proposed Amended and Restated Urban Renewal Plan for said District
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for
November 4, 2019
9. Multicultural Family Center Expansion and Renovation Project
City Manager recommending initiation of the public bidding procedure for the
Multicultural Family Center Expansion and Renovation Project, and further recommends
that a public hearing be set for October 21, 2019.
RESOLUTION 363-19 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 advertisement for bids
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for
October 21, 2019
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BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on
the following Boards/Commissions. Applicant appointments will be made at the next
City Council meeting.
1. Human Rights Commission (Review)
One, 3 -Year term through January 1, 2021 (Vacant term of Templeton). Applicants: Dan
Chatfield, 2780 Pennsylvania Ave.; Michael J. Durnin, 3560 Pennsylvania Ave.; and
1,. -Kathy McCarthy, 3491 Waller St. This commission is subject to the State of Iowa
Gender Balance. ,w. 9Commis sloners otal; currently 5 male /2 females/1 Opening
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2. Transit' Advisory Board (Review)
One, 3 -Year term through July 30, 2022 (Vacant term of Lohrmann). Applicant: Luanna
Gerdemann, 4929 Little Valley Dr.
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PUBLIC HEARINGS
1. Grant of Easement for Private Parking Lot Improvements Across West 9th
Street Right -of -Way
Proof of publication on notice of public hearing to consider approval of a Grant of
Easement for private parking lot improvements across City -owned property in the West
9th Street right-of-way and the City Manager recommending approval.
RESOLUTION 364-19 Disposing of an interest in City of Dubuque real estate by Grant
of Easement for private parking lot improvements across part of the West 9th Street
Right -of -Way lying within City Lot 688 in the City of Dubuque, Iowa to Woodward
Communications, Inc.
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Nays
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2. Sale of City -Owned Property at 799 Rush Street
Proof of publication on notice of public hearing to consider the sale of City -owned
property located at 799 to the abutting property owners, Eric and Beth Hemmer, for
consolidation into one parcel; and the City Manager recommending approval.
RESOLUTION 365-19 Disposing of City Interest in real estate located at 799 Rush
Street in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Nays
Shaw
Rios
Buol
Del Toro
Resnick
Jones
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PUBLIC INPUT
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ACTION ITEMS
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1. Flexsteel Industries Termination of Redevelopment Project Agreement and
Amendment to City -County Purchase Agreement
City Manager recommending approval of the Termination of Redevelopment Project
Agreement between and among Flexsteel Industries Inc., Dubuque County, Dubuque
Initiatives and the City of Dubuque and the Amendment to Offer to Buy Real Estate and
Acceptance between Dubuque County and the City of Dubuque.
RESOLUTION 366-19 Approving the termination of Redevelopment Project Agreement
by and among the City of Dubuque, Iowa, ("City"), Dubuque Initiatives, ("Initiatives"),
Flexsteel Industries, Inc., ("Flexsteel"), and County of Dubuque, Iowa, ("County")
(Collectively the "Parties")
RESOLUTION 367-19 Approving an Amendment to Offer to Buy Real Estate and
Acceptance between the City of Dubuque and Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays,
Nays
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Buol
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Del Toro
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2. Southwest Arterial Construction Update Video
Cable TV Division will show a video of the recent progress of the Southwest Arterial
Project for September 2019.
Suggested Disposition: Receive and File; Video Presentation
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Nays
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COUNCIL MEMBER REPORTS
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TO: Kevin S. Firnstahl, City Clerk
You are hereby directed to call a Regular Session of the City Council to be
held on Monday, October 07, 2019 at 6:00 PM in the Historic Federal Building for
the purpose of conducting such business that may properly come before the City
Council.
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Consent Items: Pages 1-5
A. Rios, Mayor Pro Tem