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5 2 11 City Council Proceedings Official CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on May 2, 2011 in the Historic th Federal Building, 350 W. 6 Street. Present: Mayor Buol, Council Members Sutton, Braig, Connors, Jones, Resnick, City Manager Van Milligen, City Attorney Lindahl Absent: Council Member Lynch Mayor Buol read the call and stated this is a regular session of the City Council to act upon such business that may properly come before the City Council. Pledge of Allegiance Invocation was provided by Father Tom Zinkula of Holy Spirit Pastorate. SWEARING IN Mayor Pro-Tem Lynn Sutton PROCLAMATIONS Bike to Work Week (May 16-20, 2011) was accepted by Mike Loebach and Candace Eudaley, Co-Chairs of the Bike to Work Week Committee for the Tri-State Trails Vision, 7600 Commerce Park; National Train Day (May 7, 2011) was accepted by Ed Sheppley, 2590 St. Anne Drive, and Jack Paisley, 816 Euclid Street; Preservation Month (May 2011) was accepted by Historic Preservation Commission Chairperson David Klavitter. CONSENT ITEMS Motion by Connors to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Resnick. Braig requested (#21) Serve America be held for separate discussion. Motion carried 6-0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission 3/22; City Council of 4/18; Historic Preservation Commission of 4/21; Housing Commission of 3/29; Human Rights Commission of 3/10; Long Range Planning Advisory Commission of 4/20 Library Board of Trustees Update from Meeting of March 24, 2011 Proof of Publication of City Council Proceedings of April 4, 2011 Upon motion the documents were received and filed. Notice of Claims/Suits: Keith Bonnet for vehicle damage; Janice A. Leonard-Harrington for personal injury; Carolyn Leute for personal injury. Upon motion the documents were received, filed, and referred to the City Attorney. 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: Keith Bonnet for vehicle damage; Janice Leonard-Harrington for personal injury; Carolyn Leute for personal injury; Joyce Terris for property damage; Lois Weinschenk for property damage. Upon motion the documents were received, filed, and concurred. Mediacom: Communication from Mediacom Senior Manager of Government Relations Lee Grassley advising the City of Dubuque of changes in programming. Upon motion the document was received and filed. United States Department of State: Communication from Kerri-Ann Jones, Assistant Secretary of State for Oceans and International Environmental and Scientific Affairs, responding to the City’s request for a Supplemental Environmental Impact Statement (EIS) for the Keystone XL pipeline. Upon motion the documents were received and filed. Civic Center Commission: Communication from Marilynne Field submitting her resignation from the Civic Center Commission. Upon motion the document was received and filed and the resignation accepted. Substance Abuse Services Center (SASC): Substance Abuse Services Center Executive Director Diane K. Thomas submitting the SASC Third Quarter Report. Upon motion the documents were received and filed. Lead Hazard and Healthy Homes Program: City Manager recommending approval of the execution of the amendments to the contracts for the Lead Hazard and Healthy Homes Program awards through the U.S. Department of Housing and Urban Development. Upon motion the documents were received, filed, and approved. Purchase of Property – 1753 Washington Street: City Manager recommending purchase of property at 1753 Washington Street for deconstruction and removal. Upon motion the documents were received and filed and Resolution No. 143-11 Approving the acquisition of real estate located at 1753 Washington Street in the City of Dubuque was adopted. RESOLUTION NO. 143-11 APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 1753 WASHINGTON STREET, IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain properties located in the Washington Neighborhood Revitalization Area for the purpose of clearance of blighted structures; and Whereas, a purchase agreement has been finalized with the owner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: North ½ , and the North 2 feet of the South ½ of Lot 89 in East Dubuque, an Addition in the City of Dubuque, Iowa according to the recorded plats thereof at the cost of Forty-three thousand dollars ($43 000). Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa for the herein described real estate. 2 Section 3. That the City Clerk be and he is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and he is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. nd Passed, approved and adopted this 2 day of May, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk Carnegie-Stout Public Library Renovation Project: City Manager recommending acceptance of the construction contract for the Carnegie-Stout Public Library Renovation Project – Contract No. 3 as completed by Dubuque Glass Company in the final amount of $292,177. Upon motion the documents were received and filed and Resolution No. 144-11 Accepting the Carnegie-Stout Public Library Renovation Project, Contract No. 3 – Aluminum Entrances, Skylights & Glazing Systems, and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 144-11 ACCEPTING THE CARNEGIE-STOUT PUBLIC LIBRARY RENOVATION PROJECT, CONTRACT NO. 3 – ALUMINUM ENTRANCES, SKYLIGHTS & GLAZING SYSTEMS, AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Carnegie-Stout Public Library Renovation Project, Contract No. 3 – Aluminum Entrances, Skylights & Glazing Systems (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the General Obligation Bonds (TIF Abated), Library Renovation General Funds, Library Fund-Raising (cash and pledges), Curtis Collection Sale, and Heade Painting Sale appropriations for the contract amount of $292,177.00 less any retained percentage provided for therein as provided in Iowa Code Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. nd Passed, approved and adopted this 2 day of May, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE CARNEGIE-STOUT PUBLIC LIBRARY RENOVATION PROJECT, CONTRACT NO. 3 – ALUMINUM ENTRANCES, SKYLIGHTS & GLAZING SYSTEMS The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Carnegie-Stout Public Library Renovation Project, Contract No. 3 – Aluminum Entrances, Skylights & Glazing Systems, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $292,177.00. th Dated this 26 day of April, 2011. 3 Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 28 day of April, 2011. Kevin S. Firnstahl, Acting City Clerk Iowa Department of Transportation (IDOT): City Manager recommending approval of a five- year agreement with the Iowa Department of Transportation (IDOT) for maintenance and repair of primary highways within the City’s corporate limits. Upon motion the documents were received, filed, and approved. Paragon Square Urban Revitalization Area Plan: Communication from the Long Range Planning Advisory Commission recommending approval of the proposed Paragon Square Urban Revitalization Area Plan advising that it is consistent with the 2008 Dubuque Comprehensive Plan. Upon motion the documents were received and filed. Plat of Survey – Youtzy Subdivision: Zoning Advisory Commission recommending approval of the Plat of Survey for the Youtzy Subdivision as requested by Davie Schneider and Ricky Youtzy. Upon motion the documents were received and filed and Resolution No. 145-11 Approving the Plat of Survey of Youtzy Subdivision in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 145–11 APPROVING THE PLAT OF SURVEY OF YOUTZY SUBDIVISION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk the Plat of Survey of Youtzy Subdivision in the City of Dubuque, Iowa; and Whereas, said Plat of Survey provides 45.67 feet of frontage for Lot 2 on a public street, where 50 feet is required by Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission 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 to it. 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 45.67 feet of frontage on a public street for Lot 2. Section 2. That the Plat of Survey of Youtzy Subdivision 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. nd Passed, approved and adopted this 2 day of May, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk Request for Proposals – City Hall Cooling Upgrade Design: City Manager recommending approval to issue a Request for Proposals for the City Hall Cooling Upgrade Project. Upon motion the documents were received, filed, and approved. Bee Branch Creek Restoration Project – Purchase of 507 Garfield Avenue: City Manager recommending purchase of commercial property at 507 Garfield Avenue from IBC Sales 4 Corporation (Continental Baking Co.) at the appraised value of $250,000 for the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 146-11 Approving the acquisition of real estate owned by IBC Sales Corporation in the City of Dubuque was adopted. RESOLUTION NO. 146-11 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY IBC SALES CORPORATION IN THE CITY OF DUBUQUE Whereas,the City of Dubuque intends to acquire certain properties located in the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended in the 2001 “Drainage Basin Master Plan;” and Whereas,a purchase agreement has been finalized with the owner of the property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: Lot 1 of “A -1 Industrial Block”, in the City of Dubuque, Dubuque County, Iowa, at the cost of Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00). Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa, for the herein described real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. nd Passed, approved and adopted this 2 day of May, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk Bee Branch Creek Restoration Project - Purchase 1502 Maple Street: City Manager recommending approval to establish the fair market value of 1502 Maple Street at the appraised value of $73,000 and authorize the City Manager to begin negotiations to acquire the property for the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 147-11 Establishing the fair market value of certain real property owned by Milton E. Schwartz in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 147-11 ESTABLISHING THE FAIR MARKET VALUE OF CERTAIN REAL PROPERTY OWNED BY MILTON E. SCHWARTZ IN THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque (City) intends to acquire certain real property owned by Milton E. Schwartz (Owner), legally described as follows (the Property): Lot 320 in East Dubuque Number 2 Addition, in the City of Dubuque, Dubuque County, Iowa as shown on Exhibit A attached hereto for the purpose of the stormwater conveyance associated with the restoration of the Bee Branch Creek; and Whereas, Iowa law requires that City must make a good faith effort to negotiate with the Owner to purchase the Property before proceeding with condemnation; and Whereas, City has caused an appraisal of the property to be made and the appraised value of the property is $73,000.00; and 5 Whereas, the City Council now desires to establish the fair market value of the property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. The fair market value of the Property is hereby established to be $73,000.00. 2. The City Manager is hereby authorized to commence negotiations with the Owner of the Property and any other interested parties for the purchase of the Property for a purchase price which is not less than the fair market value established by this resolution. nd Passed, approved and adopted this 2 day of May, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk Bee Branch Creek Restoration Project - Purchase of East Dubuque Addition: City Manager recommending approval to establish the fair market value of W ½ and E ½ Lot 351 East th Dubuque Addition (NE corner of East 15 and Cedar Streets) at the appraised value of $66,950 and authorize the City Manager to begin negotiations to acquire the property for the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 148-11 Establishing the fair market value of certain real property owned by Junnie and Rich’s coin in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 148-11 ESTABLISHING THE FAIR MARKET VALUE OF CERTAIN REAL PROPERTY OWNED BY JUNNIE AND RICH’S COIN IN THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque (City) intends to acquire certain real property owned by Junnie and Rich’s Coin (Owner), legally described as follows (the Property): W ½ of Lot 351 and the E ½ of Lot 351 in East Dubuque Addition, all in the City of Dubuque, Dubuque County, Iowa, as shown on Exhibit A attached hereto for the purpose of the stormwater conveyance associated with the restoration of the Bee Branch Creek; and Whereas, Iowa law requires that City must make a good faith effort to negotiate with the Owner to purchase the Property before proceeding with condemnation; and Whereas, City has caused an appraisal of the property to be made and the appraised value of the property is $66,950.00; and Whereas, the City Council now desires to establish the fair market value of the property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. The fair market value of the Property is hereby established to be $66,950.00. 2. The City Manager is hereby authorized to commence negotiations with the Owner of the Property and any other interested parties for the purchase of the Property for a purchase price which is not less than the fair market value established by this resolution. nd Passed, approved and adopted this 2 day of May, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk Dubuque Regional Airport RISE Grant Agreement: City Manager recommending approval of the Revitalize Iowa’s Sound Economy (RISE) grant agreement for the construction of a road west from Highway 61 to access lots in the Dubuque Regional Airport. Upon motion the documents were received and filed and Resolution No. 149-11 Authorizing a Revitalize Iowa’s Sound Economy (RISE) grant agreement acceptance for the construction of a road west from Highway 61 to access lots in the Dubuque Regional Airport Industrial Park was adopted. 6 RESOLUTION NO. 149-11 AUTHORIZING A REVITALIZE IOWA’S SOUND ECONOMY (RISE) GRANT AGREEMENT ACCEPTANCE FOR THE CONSTRUCTION OF A ROAD WEST FROM HIGHWAY 61 TO ACCESS LOTS IN THE DUBUQUE REGIONAL AIRPORT INDUSTRIAL PARK Whereas, the Iowa Department of Transportation, through its Revitalize Iowa’s Sound Economy (RISE) Competitive Project Funding has awarded the Dubuque Regional Airport a grant to provide roadway access for the development of lots in the Dubuque Regional Airport Industrial Park. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby certifies that the roadway improvements will be dedicated to the public use and will remain so dedicated to public use and that G.O. Bond funds will be available to finance the City’s portion of the project costs. Section 2. That the City Manager is authorized to sign, on behalf of the City Council, the acceptance of RISE funding. nd Passed, approved and adopted this 2 day of May, 2011 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk. Fiscal Year 2012 Detailed Operating Budget for the Five Flags Center: City Manager recommending approval of the detailed Fiscal Year 2012 operating budget for the Five Flags Center as submitted by SMG. Upon motion the documents were received, filed, and approved. Smart Planning Consortium Update: City Manager providing an update on the March 9 and April 6, 2011 Smart Planning Consortium meetings and public participation training for City Council consideration. Upon motion the documents were received and filed. Mathias Ham House: City Manager submitting a letter of support regarding a grant application for the Mathias Ham House by the Silos and Smokestacks National Heritage Area. Upon motion the documents were received and filed. Serve America: City Manager submitting a press release from Serve America announcing that, “Ten public and private partner organizations and seven different National Service Programs celebrated the two year anniversary of the Edward M. Kennedy Serve America Act with a ‘Serve America’ bus tour through Dubuque, Iowa, on April 21, 2011 as one of nine communities selected across the country.” Motion by Braig to receive and file the documents. Seconded by Resnick. Braig made special note of Dubuque’s recognition and placement among the larger national cities and presented Mayor Buol with a Certificate of Appreciation from Senator Charles Grassley. Motion carried 6-0. Iowa Finance Authority (IFA): City Manager submitting a communication from David Vaske, Tax Credit Manager for the Iowa Finance Authority, notifying the City that a Low-Income Housing Tax Credit application has been submitted for the Rose of Dubuque Project. Upon motion the documents were received and filed. Friends of the Mines of Spain: City Manager submitting a press release from the Friends of the Mines of Spain announcing receipt of an award for Excellence in Interpretive Support from 7 the National Association for Interpretation Region 5. Upon motion the documents were received and filed. th Purchase of Property at 375 East 9 Street (Alamo Property): City Manager recommending acceptance of a Warranty Deed from Rouse and Dean Building, LLC for property located at th 375 East 9 Street known as the Alamo property. Upon motion the documents were received and filed and Resolution No. 150-11 Accepting the deed to certain real estate in Dubuque County, Iowa, from Rouse and Dean Foundry Building, LLC was adopted. RESOLUTION NO. 150-11 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM ROUSE AND DEAN FOUNDRY BUILDING, LLC Whereas, the City of Dubuque entered into an Agreement with Warehouse Redevelopment, LLC for the purchase of the following described real property in Dubuque County, Iowa: Lot 2 of Lot 1 of CENTER CITY PLACE # 3, in the City of Dubuque, Iowa, according to the recorded Plat thereof; and Whereas, Warehouse Redevelopment, LLC conveyed the property to Rouse and Dean Building, LLC; and Whereas, the terms of the Agreement have now been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The City of Dubuque hereby accepts the Warranty Deed from Rouse and Dean Foundry Building, LLC attached hereto. Section 2. The City Clerk is hereby authorized and directed to record this Resolution and the Warranty Deed with the Dubuque County Recorder. nd Passed, approved and adopted this 2 day of May, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk Encephalitis Monitoring Memorandum of Understanding (MOU): City Manager recommending approval of a Memorandum of Understanding (MOU) with the Iowa Department of Public Health for services related to Encephalitis and West Nile disease monitoring. Upon motion the documents were received, filed, and approved. Special Assessment: Communication from John Herrig, 13750 Surrey Lane, requesting that a special assessment for garbage removal at his property at 695 / 697 Caledonia Street be forgiven. Upon motion the documents were received, filed, and referred to the City Attorney. Dubuque County Fine Arts Society (DCFAS): Mayor Buol submitting a letter of support for the Dubuque County Fine Arts Society (DCFAS) with respect to its Iowa Community Cultural Grant request. Upon motion the documents were received and filed. Liquor License Applications: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 151-11 Granting the issuance of a Class “C” Beer/Liquor License to Carlos O’Kelly’s (1- Day Outdoor Sale), West Dubuque Tap, Tott’s Tap, Shot Tower Inn, Bar X; Class “B” Wine permit to Oky Doky #2, Oky Doky #1, Beecher Beverage, Walgreen Drug #9708; Class “WBN” Native Wine Permit to Keywest Conoco, Tobacco Outlet; Class “WCN” Native Wine Permit to Stone Cliff Winery, Inc.; and Resolution No. 152-11 Granting the issuance of a Class “B” Beer 8 Permit to Dubuque County Fine Arts, Music N More Promotions; Class “C” Beer Permit to Ron’s Discount Smokes/Beverage; Walgreens #9708, Beecher Beverage, Keywest Conoco, Tobacco Outlet #504, McCann Service, Oky Doky #1, Oky Doky #2 were adopted. RESOLUTION NO. 151-11 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued to the following named applicants a Liquor License. CLASS “C” BEER/LIQUOR LICENSE Carlos O’Kelly’s, Inc. Carlos O’Kelly’s (1 Day Outdoor Sale) 1355 Associates Dr. Donna Ginter/Geneva Ginter West Dubuque Tap +(Sunday Sale) 1701 Asbury Rd. Tott’s Tap, Inc. Tott’s Tap+(Sunday Sale) 3457 Jackson St. DBQ, Inc. Shot Tower Inn +(Sunday Sale) 390 Locust St. Linda Kay Atkinson Bar X +(Sunday Sale) 2616 Windsor Ave. CLASS “B” WINE LICENSE TFM Co. Oky Doky # 2 51 W. 32n St. TFM Co. Oky Doky #1 100 W. 1 st St. Beecher Co. Beecher Beverage 1691 Asbury Rd. Walgreen Co. Walgreen Drug # 9708 55 JFK Rd. CLASS ”WBN” NATIVE WINE LICENSE Rainbo Oil Company Keywest Conoco 2150 Twin Valley Rd. Kwik Trip Tobacco Outlet #504 806 Wacker Dr. CLASS “WCN” NATIVE WINE LICENSE Stone Cliff Winery, Inc. Stone Cliff Winery, Inc. 600 Star Brewery nd Passed, approved and adopted this 2 day of May, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk RESOLUTION NO. 152-11 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS “B” BEER PERMIT Dubuque County Fine Arts Dubuque County Fine Arts Town Clock Plaza +(Sunday Sale) 9 Music N More Promotions Music N More Promotions Town Clock Plaza CLASS “C” BEER PERMIT RKM, LLC Ron’s Discount Smokes/Beverage 1450 Loras Blvd +(Sunday Sale) Walgreen Co. Walgreen’s #9708 +(Sunday Sale) 55 JFK Rd. Beecher Beverage Beecher Beverage +(Sunday Sale) 1691 Asbury Rd. Rainbo Oil Company Keywest Conoco +(Sunday Sale) 2150 Twin Valley Kwik Trip, Inc. Tobacco Outlet #504 +(Sunday Sale) 806 Wacker Dr. McCann Service, Inc. McCann Service +(Sunday Sale) 690 W. Locust St. TFM Co. Oky Doky # 1 +(Sunday Sale) 250 W. 1 st St. TFM Co. Oky Doky # 2 +(Sunday Sale) 51 W. 32 nd St. nd Passed, approved and adopted this 2 day of May, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Connors 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 6-0. US Hwy 61 / 151 Capacity Improvements: City Manager recommending initiation of the public bidding process for the US. Hwy 151/16 Capacity Improvements and that a public hearing be set for May 16, 2011. Upon motion the documents were received and filed and Resolution No. 153-11 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 was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 16, 2011 in the Historic Federal Building. RESOLUTION NO. 153-11 US 61/151 CAPACITY IMPROVEMENTS 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 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 US 61/151 Capacity Improvements Project, in the estimated amount $1,408,200.00, 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 16 day of May, 2011, 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 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 newspaper 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 10 appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The US 61/151 Capacity Improvements 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 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, notice shall be published not less than four but not more than forty-five days before the date for filing bids before 10:00 a.m. Central Time, with opening and reading of bids by the Iowa Department of Transportation th on the 17 day of May, 2011. Bids shall be opened and read by the Iowa Department of Transportation after 10:30 a.m. Central Time on the same date and will be submitted to the th City Council for final action at 6:30 p.m. on the 6 day of June, 2011, in the Historic Federal th Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa. nd Passed, adopted and approved this 2 day of May, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk Walter Development, LLC and TM Logistics, Inc.: City Manager recommending that a public hearing be set for May 16, 2011 on the disposition of approximately 2.616 acres at the Dubuque Industrial Center West for Walter Development, LLC and TM Logistics, Inc. Upon motion the documents were received and filed and Resolution No. 154-11 Intent to dispose of an interest in City of Dubuque real estate and 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 development agreement relating thereto with Walter Development, LLC and TM Logistics, Inc., 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 May 16, 2011 in the Historic Federal Building. RESOLUTION NO. 154-11 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE AND 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 DEVELOPMENT AGREEMENT RELATING THERETO WITH WALTER DEVELOPMENT, LLC AND TM LOGISTICS, INC. AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the th Property): Lot 2-4 of Dubuque Industrial Center West 4 Addition in the City of Dubuque, Iowa; and Whereas, City and Walter Development, LLC and TM Logistics, Inc. have entered into a Development Agreement, subject to the approval of the City Council, a copy of which is now th on file at the Office of the City Clerk, City Hall, 13 and Central Avenue, Dubuque, Iowa, pursuant to which City will convey the Property as shown on Exhibit A attached hereto to Walter Development, LLC and TM Logistics, Inc.; and Whereas, the City Council has tentatively determined that it would be in the best interests of the City to approve the Development Agreement, including the conveyance of the Property to Walter Development, LLC and TM Logistics, Inc.; and 11 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 an Urban Renewal Plan as hereinafter 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 of Dubuque intends to dispose of its interest in the foregoing-described Property by Deed to Walter Development, LLC and TM Logistics, Inc. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the th City's intent to dispose of the foregoing-described Property, to be held on the 16 day of May, 2011, at 6:30 o'clock p.m. in the City Council Chambers at the Historic Federal Building, 350 th W. 6 Street, Dubuque, Iowa. Section 3. The City Council will also meet at said time and place for the purpose of taking action on the matter of authorizing Urban Renewal Tax Increment Revenue obligations and the execution of the Development Agreement relating thereto with Walter Development, LLC and TM Logistics, Inc. the proceeds of which obligations will be used to carry out certain of the special financing activities described in the Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, consisting of the funding of economic developments grants to Walter Development, LLC and TM Logistics, Inc. pursuant to the Development Agreement under the terms and conditions of said Urban Renewal Plan. It is expected that the aggregate amount of the Tax Increment Revenue obligations will be approximately $190,000. Section 4. 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, published 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 5. That the notice of the proposed action to issue said obligations shall be in substantially the form attached hereto. nd Passed, approved and adopted this 2 day of May, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions: Electrical Code Board: Three 3-year terms through May 22, 2014 (Expiring terms of Dixon, Hammel, and Mueller). Applicants: James Dixon, 2505 Marquette Place; Dan Hammel, 3163 Hillcrest Road, #4; and Ronald Mueller, 3780 Sunlight Ridge Human Rights Commission: Shayna Boxleiter and Kimberly Schroeder requested their applications be pulled from consideration. 12 Safe Community Advisory Committee: One 1-year term through December 31, 2011 (Vacant term of Sutton). Applicants: Amanda Elkins, 2257 Chaney Road, #2; and Douglas Ropa, 1190 University Avenue. Mr. Ropa spoke in support of his appointment. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. Greater Downtown Urban Renewal District Expansion: Proof of publication on notice of public hearing to consider expansion of the Greater Downtown Urban Renewal District. Communication from the Long Range Planning Advisory Commission recommending approval of the proposed Greater Dubuque Urban Renewal District Expansion and advising that it is consistent with the 2008 Dubuque Comprehensive Plan. Motion by Jones to receive and file the documents and adopt Resolution No. 155-11 Approving the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District. Seconded by Braig. Kelly Hingtgen, 3416 Foothill Street, expressed concerns about her belief that the City was incurring debt. City Manager Van Milligen and Economic Development Director Dave Heiar clarified that the measure increases the City’s capacity to incur debt and this would create opportunity for future projects. Motion carried 6-0. RESOLUTION NO. 155-11 APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT Whereas, on March 21, 2011 the City Council of the City of Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the "Plan") for the Greater Downtown Urban Renewal District (the "District"); and Whereas, the City of Dubuque's primary objective in amending this Plan is to provide opportunities for further redevelopment and reinvestment in the downtown; and Whereas, the Long Range Planning Commission has reviewed the proposed Plan and has found that said document is consistent with the Comprehensive Plan for the development of the City of Dubuque as a whole and has transmitted its findings to the City Council; and Whereas, a consultation process has been undertaken with affected taxing entities in accordance with Chapter 403 of the Code of Iowa with no written objections or recommended changes to the Plan received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the proposed amended and restated Plan after public notice thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, on file in the City Clerk's Officeand made reference to herein, be approved. Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and directed to file a certified copy of the Resolution in the office of the Dubuque County Recorder. nd Passed, approved and adopted this 2 day of May, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk 13 Proceedings for Reallocation of General Obligation Bonds Series 2009A and Series 2010A: Proof of publication on notice of public hearing to consider the reallocation of $121,000 in unspent proceeds of the General Obligation Bonds Series 2009A and Series 2010A and the City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 156-11 Instituting Proceedings to take additional action and approving the reallocation of certain unspent proceeds of the General Obligation Bonds, Series 2009A (Taxable Build America Bonds), and General Obligation Bonds, Series 2010A of the City of Dubuque, Iowa. Seconded by Braig. Motion carried 6-0. RESOLUTION NO. 156-11 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION AND APPROVING THE REALLOCATION OF CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2009A (TAXABLE BUILD AMERICA BONDS), AND GENERAL OBLIGATION BONDS, SERIES 2010A, OF THE CITY OF DUBUQUE, IOWA Whereas, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the reallocation of certain unspent proceeds, in the amount of not to exceed $121,000 (the "Unspent Proceeds") of the General Obligation Bonds, Series 2009A (Taxable Build America Bonds) and General Obligation Bonds, Series 2010A, of the City of Dubuque, Iowa, in order to provide funds to pay costs of funding the local match for the purchase of transit buses (from the Series 2009 Bonds) and costs associated with snow and ice control activities and improvements (from the Series 2010A Bonds), and has considered the extent of objections received from residents 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, IOWA: Section 1. That this Council does hereby institute proceedings and takes additional action for the reallocation of the Unspent Proceeds of the General Obligation Bonds, Series 2009A (Taxable Build America Bonds) and General Obligation Bonds, Series 2010A, for the foregoing purpose, and the reallocation of the Unspent Proceeds to pay costs of funding the local match for the purchase of transit buses (from the Series 2009 Bonds) and costs associated with snow and ice control activities and improvements (from the Series 2010A Bonds), is in all respects authorized and approved. Section 2. The Finance Director is authorized and directed to take such action as may be necessary to effect and implement the foregoing reallocation of the Unspent Proceeds to pay costs of funding the local match for the purchase of transit buses (from the Series 2009 Bonds) and costs associated with snow and ice control activities and improvements (from the Series 2010A Bonds), and to cause the records and accounts of the City to reflect the same. nd Passed and approved this 2 day of May, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk 2011 Sewer Cured-in-Place Pipe (CIPP) Lining Project: Proof of publication on notice of public hearing to consider approval of plans and specifications, form of contract and the estimated cost for the 2011 Sewer Cured-in-Place (CIPP) Lining Project. Motion by Jones to receive and file the documents and adopt Resolution No. 157-11 Approval of plans, specifications, form of contract, and estimated cost for the 2011 Sewer Cured in Place Pipe (CIPP) Lining Project. Seconded by Braig. Responding to questions from City Council, City 14 Engineer Gus Psihoyos explained the CIPP process, cost savings and success. Motion carried 6-0. RESOLUTION NO. 157-11 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE 2011 SEWER CURED-IN-PLACE PIPE (CIPP) LINING PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the 2011 Sewer Cured-in-Place Pipe (CIPP) Lining Project, in the estimated amount $135,974.85, are hereby approved. nd Passed, adopted and approved this 2 day of May, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Settlement Agreement: City Attorney submitting a Settlement Agreement and General Release for Jeanne Schneider. Motion by Jones to receive and file the documents and approve the agreement. Seconded by Connors. Motion carried 5-1 with Buol voting nay. City Clerk Recruitment Process: City Manager requesting direction on the City Clerk recruitment process. Motion by Connors to receive and file the documents and confirm consensus on the following items: 1) Council members will submit sample questions to the City Manager for forwarding to the Personnel Director within one week. The Personnel Director will compile the top questions and return the list to Council for inclusion in the application, which shall be ready for advertisement within two weeks; 2) An Iowa Municipal Clerk’s certification shall be the minimum requirement and stated in the advertisement; 3) The salary for the Acting City Clerk shall be set at a GE40 rate of the City’s wage plan with the same salary range used in the advertisement; 4) Online recruitment sources shall be used to help meet deadlines and expedite the advertisement process; 5) Selection of the appointment schedule for a mid- September start date. Seconded by Braig. Motion carried 6-0. Long Range Planning Advisory Commission: City Attorney submitting a draft amendment to the Long Range Planning Advisory Commission ordinance eliminating the appointment of a member of the City Council to the Commission. Communication from Council Member Karla Braig Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Braig read her communication into the Record. Motion carried 6-0. Motion by Jones for final consideration and passage of Ordinance No. 31-11 Amending City of Dubuque Code of Ordinances Title 15 Planning and Zoning, Chapter 2 Long Range Planning Advisory Commission, Section 15-2-1 Providing for the composition of the Long Range Planning Advisory Commission by eliminating a Member of the City Council on the Commission. Seconded by Connors. Motion carried 6-0. 15 OFFICIAL PUBLICATION ORDINANCE NO. 31-11 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 15 PLANNING AND ZONING, CHAPTER 2 LONG RANGE PLANNING ADVISORY COMMISSION, SECTION 15- 2-1 PROVIDING FOR THE COMPOSITION OF THE LONG RANGE PLANNING ADVISORY COMMISSION BY ELIMINATING A MEMBER OF THE CITY COUNCIL ON THE COMMISSION NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances § 15-2-1 is amended to read as follows: 15-2-1: COMMISSION CREATED; COMPOSITION: There is hereby created a city long range planning advisory commission, which shall consist of seven (7) residents of the city appointed by the city council who shall be qualified by their knowledge, experience and ability to contribute to the city's long range planning and development efforts. Section 2. This ordinance shall take effect upon publication. nd Passed, approved and adopted the 2 day of May, 2011. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, Acting City Clerk th Published officially in the Telegraph Herald Newspaper the 6 day of May, 2011. /s/Kevin S. Firnstahl, Acting City Clerk Purchase of Property – 1104 Riverview Drive: City Manager recommending purchase of property at 1104 Riverview Drive for deconstruction and redevelopment. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Jones. Motion carried 6-0. Kaufmann Avenue Utilities Project Award of Contract: City Manager recommending award of the contract for the Kaufmann Avenue Utilities Project to McDermott Excavating in the amount of $227,693.10. Motion by Connors to receive and file the documents and adopt Resolution No. 158-11 Awarding public improvement contract for the Kaufmann Avenue Utility Project. Seconded by Braig. City Engineer Gus Psihoyos stated that the project is expected to be completed August 1, 2011. Motion carried 6-0. RESOLUTION NO. 158-11 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE KAUFMANN AVENUE UTILITY PROJECT Whereas, sealed proposals have been submitted by contractors for the Kaufmann Avenue Utility Project (the Project) pursuant to Resolution No. 120-11 and Notice to Bidders published th in a newspaper published in the City of Dubuque, Iowa, on the 7 day of April, 2011. th Whereas, said sealed proposals were opened and read on the 26 day of April, 2011 and it has been determined that McDermott Excavating of Dubuque, Iowa, with a bid in the amount of $227,693.10, 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 McDermott Excavating and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. nd Passed, approved and adopted this 2 day of May, 2011. 16 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk Tenth and Central Parking Ramp Message Center: City Manager recommending approval of the design and placement of a message center adjacent to the parking ramp at 975 Central Avenue. Communication from the Historic Preservation Commission Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Jones. Resnick expressed concerns regarding the design of the message center being in conflict with the City’s Downtown Design Guidelines and that it could be a distraction at a busy intersection made busier with the presence of Fire Headquarters. Motion carried 5-1 with Resnick voting nay. Operating Protocol for Unreserved Parking Ramps: City Manager recommending changing the operation of the Iowa Street Ramp from a person leasing an individually identified parking space to a person leasing a space that the location on a given day would be on a first-come first-serve basis. Motion by Connors to table to a future meeting. Seconded by Braig. Motion carried 6-0. Dubuque Levee and Floodwall System Certification: City Manager recommending approval of a resolution adopting the updated Operations and Maintenance Manual, the updated Emergency Flood control Plan, and authorization to submit the documentation for certification of the Dubuque Local Flood Protection Project Levee to the Federal Emergency Management Agency (FEMA). Motion by Jones to receive and file the documents and adopt Resolution No. 159-11 Adoptingoperations and maintenance manual, emergency flood control plan, and interim risk reduction plan for the Dubuque local flood protection project levee. Seconded by Braig. Motion carried 6-0. RESOLUTION NO. 159-11 ADOPTING OPERATIONS AND MAINTENANCE MANUAL, EMERGENCY FLOOD CONTROL PLAN, AND INTERIM RISK REDUCTION PLAN FOR THE DUBUQUE LOCAL FLOOD PROTECTION PROJECT LEVEE Whereas, the City of Dubuque has signed a May 4, 2009 Provisionally Accredited Levee (PAL) Agreement for the Dubuque Local Flood Protection Project Levee (Dubuque Levee) with Federal Emergency Management Agency (FEMA); and Whereas, the PAL Agreement requires that the City of Dubuque submit the required documentation to FEMA certification of the Dubuque Levee by May 17, 2011; and Whereas, the City of Dubuque has updated the Operations and Maintenance Manual, updated the Emergency Flood Control Plan, and created the Interim Risk Reduction Plan for the Dubuque Levee in accordance with the certification process. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Operations and Maintenance Manual, the Emergency Flood Control Plan, and the Interim Risk Reduction Plan for the Dubuque Levee hereby are adopted. Section 2. The Mayor hereby is authorized to sign and submit the required documentation for certification of the Dubuque Levee to FEMA. nd Passed, approved and adopted this 2 day of May 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk 17 City Council Appointments: Appointments to fill vacancies on City Council boards and committees. Motion by Resnick to appoint Lynn Sutton as the Council representative on the Operation: New View Community Action Agency. Seconded by Braig. Motion carried 6-0. Motion by Connors to appoint Lynn Sutton as the Council representative on the Convention and Visitors Bureau. Seconded by Resnick. Motion carried 6-0. Motion by Connors to receive and file the documents with the noted appointments. Seconded by Jones. Motion carried 6-0. COUNCIL MEMBER REPORTS Connors reported on the recent visit by a delegation from Dornbirn, Austria, hosted by the Sister City Commission. PUBLIC INPUT Marcos Rubinstein, 663 Fenelon Place, asked the City Council to reconsider their recent action regarding discontinuing glass recycling. Mark Willgen, Fuerste, Carew Law Firm, 200 Security Building, expressed concerns regarding unreserving the parking ramps and asked that public input be sought before any future action is taken. Jack Dunwoody, 2205 Rhomberg Avenue, suggested reuse of the former City Garage as a possible glass recycling center that could provide job assistance as is done in some other cities. There being no further business, upon motion the City Council adjourned at 8:23 p.m. /s/Kevin S. Firnstahl Acting City Clerk 18