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4 21 14 City Council Proceedings Official_Regular and SpecialCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:00 p.m. on April 21, 2014 in the Historic Federal Building, 350 W. 6tn Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on Sustainable Dubuque. WORK SESSION Sustainable Dubuque Sustainability Coordinator Cori Burbach, Vice President of Programs for the Commu- nity Foundation of Greater Dubuque Eric Dregne, Leisure Services Manager Marie Ware, Human Rights Director Kelly Larson, and Inclusive Dubuque Community Member Randy Martinez presented the quarterly progress report for Sustainable Dubuque. Ms. Burbach described how the update would illustrate the overlapping Sustainability Princi- ples of Social/Cultural Vibrancy and Economic Prosperity. Topics included: • Sustainable Dubuque Collaboration — Collective Impact • Sustainability Tools for Assessing & Rating Communities (STAR) o Workforce readiness o Educational Opportunity & Attainment o Social & Cultural Diversity • Community Foundation of Greater Dubuque o Engaged Donors o Coordinated non-profit organizations o Results -oriented o Leveraged funding o Every Child / Every Promise Program • Campaign for Grade -Level Reading • Project HOPE • Inclusive Dubuque o Initiative o Leadership survey o Diversity Summit results o Committee Structure • Community Engagement and Outreach with the Business Community City Council had discussion with staff and presenters following the presentation. There being no further business, upon motion the City Council adjourned at 6:10 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on April 21, 2014 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATION(S) YP (Young Professionals) Days of Caring (April 25, 2014) was accepted by Lisa Bowers, Young Professional of the Year, DB&T, 895 Main St.; Laughter Day (May 4, 2014) was accepted by Patrick Sterenchuk, World Laughter Day, 239 Alpine St.; Building Safety Month (May 2014) was accepted by Rich Russell, Building Services Manager. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Connors. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 4/7, Civil Service Commission of 4/10, Housing Trust Fund Commission of 4/11, Zoning Advisory Com- mission of 4/2, Zoning Board of Adjustment of 3/27. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Maureen Barth for vehicle damage, James Mays for vehicle damage (2). Upon motion the documents were received, filed and referred to the City Attorney. 3. Disposition of Claims: City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Maureen Barth for vehicle damage, James Mays for vehicle damage (2), James Ridley for property damage. Upon motion the documents were received, filed and concurred. 4. Iowa Department of Transportation - Urban Youth Corps Grant Agreement: City Manager recommending approval of an Urban Youth Corps Grant Agreement with the Iowa Department of Transportation to provide transportation -related employment and training opportunities to youth between the ages of 16 and 21 who face barriers to em- ployment. Upon motion the documents were received, filed and approved. 2 5. Four Mounds Barn Restoration Project Grant Application: City Manager recom- mending approval of a resolution authorizing the City Manager to sign the ownership form in support of the 2014 Historic Resource Development Program grant application by Four Mounds Foundation for barn restoration at the Four Mounds Estate Historic Dis- trict. Upon motion the documents were received and filed and Resolution No. 113-14 Authorizing HRDP Grant Application to the State Historical Society of Iowa for .Barn Restoration Project at Four Mounds Estate Historic District was adopted. RESOLUTION NO. 113-14 AUTHORIZING HRDP GRANT APPLICATION TO THE STATE HISTORICAL SOCIE- TY OF IOWA FOR BARN RESTORATION PROJECT AT FOUR MOUNDS ESTATE HISTORIC DISTRICT Whereas, the State Historical Society of Iowa has determined historic building resto- rations are eligible for Historic Resource Development Program (HRDP) funds; and Whereas, the City of Dubuque owns the Four Mounds Estate Historic District and has designated the property as a City Landmark Site; and Whereas, the City of Dubuque supports the barn restoration project proposed by the Four Mounds Foundation. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager is authorized to sign the ownership form in support of the application by the Four Mounds Foundation to the State Historical Society of Iowa for HRDP Grant Funds for the barn restoration project at Four Mounds Estate Historic District. Passed, approved and adopted this 21st day of April, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 6. PEG Capital Expenditure Request: City Manager recommending approval of the Cable TV Commission recommendation for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities to provide hard- ware assurance for the on -air playback server for the Dubuque Community School Dis- trict's educational access channel at The Forum. Upon motion the documents were re- ceived, filed and approved. 7. Jule Transit System - Consolidated Funding Application: City Manager recom- mending approval of the Consolidated Funding Application, as submitted, and approve signature of the Lobbying Cost Certificate, Certificate of Cost Allocation Plan and Au- thorizing Resolution for the Iowa Department of Transportation Consolidated Funding Application for Fiscal Year 2015 for The Jule. Upon motion the documents were re- ceived, filed and approved. 8. U.S. Department of Housing and Urban Development - Lead -Based Paint Hazard Control Grant: Correspondence from the U.S. Department of Housing and Urban De- velopment requesting information required to close out the Lead -Based Paint Hazard Control Grant. Upon motion the documents were received and filed. 3 9. Five Flags Center - Fiscal Year 2015 Detailed Operating. Budget: City Manager recommending approval of the Fiscal Year 2015 Five Flags Center proposed operating budget submitted by SMG. Upon motion the documents were received, filed and ap- proved. 10. United States Army Corps of Engineers Flood Inundation Modeling: City Manager transmitting information about the United States Army Corps of Engineers' work to cre- ate engineering models to predict what might happen in the event of a failure of the John C. Culver Fioodwall that protects a portion of the City of Dubuque from Mississippi River flooding. Upon motion the documents were received and filed. 11. Urban Deer Management Plan 2014-2015: City Manager recommending approval of the 2014-2015 Urban Deer Management Plan. Upon motion the documents were re- ceived, filed and approved. 12. Compensation Package for Non -Bargaining Unit Employees: City Manager rec- ommending approval of a compensation package for non -bargaining unit employees for Fiscal Year 2015. Upon motion the documents were received and filed and Resolution No. 114-14 Approving the compensation package for non -bargaining unit employees for Fiscal Year 2015 was adopted. RESOLUTION NO. 114-14 APPROVING THE COMPENSATION PACKAGE FOR NON -BARGAINING UNIT EM- PLOYEES FOR FISCAL YEAR 2015 Whereas, the City Manager has recommended the compensation package for Non - bargaining Unit Employees for Fiscal Year 2015; and Whereas, the City Council provides a compensation package to Non -bargaining Unit employees similar to the compensation package to be received by Bargaining Unit em- ployees; and Whereas, the recommended compensation package for Non -bargaining Unit em- ployees is consistent with the compensation package to be received by employees rep- resented by the Teamsters Local Union No. 120, Teamsters Local Union No. 120 (Bus Operators) and the International Union of Operating Engineers, Local No. 234. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the compensation package for Non -bargaining Unit employees for Fiscal Year 2015 is hereby approved. Passed, approved and adopted this 21st day of April, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 13. Dubuque Main Street, Ltd. Program Agreement: City Manager recommending approval of a Program Agreement between Dubuque Main Street Ltd., the City of Dubuque and the Iowa Department of Economic Development, and related resolution. Upon motion the documents were received and filed and Resolution No. 115-14 Resolu- tion of Support and Financial Commitment for the Main Street Program in Dubuque was adopted. 4 RESOLUTION NO. 115-14 SUPPORT AND FINANCIAL COMMITMENT FOR THE MAIN STREET PROGRAM IN DUBUQUE Whereas, an Agreement between the Iowa Economic Development Authority, Dubu- que Main Street, and the City of Dubuque for the purpose of continuing the Main Street Iowa program in Dubuque; and Whereas, this Agreement is pursuant to contractual agreements between the Nation- al Trust for Historic Preservation and the Iowa Economic Development Authority to as- sist in the revitalization of the designated Main Street project area of Dubuque, Iowa; and Whereas, the City Council of Dubuque endorses the goal of economic revitalization of the historic commercial district within the context of preservation and rehabilitation of its historic buildings and supports the continuation of the Main Street Four Point Ap- proach® as developed by the National Trust for Historic Preservation and espoused by Main Street Iowa. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, meeting in regular session on April 21, 2014, that the City of Dubuque hereby agrees to support both financially and philosophically the work of Dubuque Main Street and designates the Main Street Board to supervise the Program Director. Passed, approved, and adopted this 21st day of April 2013. Mayor Roy D. Buol Attest: Kevin S. Firnstahl, City Clerk 14. Bunker Hill Pump Station Improvement Project Acceptance: City Manager rec- ommending acceptance of the Bunker Hill Pump Station Improvement Project as com- pleted by Portzen Construction and authorizing payment of the contract amount to the contractor. Upon motion the documents were received and filed and Resolution No. 116-14 Accepting the Bunker Hill Pump Station Improvement Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 116-14 ACCEPTING THE BUNKER HILL PUMP STATION IMPROVEMENT PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRAC- TOR Whereas, the Public Improvement Contract for the Bunker Hill Pump Station Im- provement Project (the Project) has been completed and IIW Engineers & Surveyors, P.C. of Dubuque, Iowa, the City's consulting engineering firm, has examined the work and filed a letter stating that the Project has been completed according to the terms of the Public Improvement Contract and has recommended 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's consulting firm is approved and the Pro- ject is hereby accepted. Section 2. The Finance Director is hereby directed to pay the Contractor from the Water Department's FY -2014 Capital Improvement Program Budget Fund Code 740- 1422 appropriation for the contract amount of $578,503.41 less any retained percentage provided therein as provided in Iowa Code, Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. Passed, approved and adopted this 21st day of April, 2014. Attest: Kevin Firnstahl, City Clerk 5 Roy D. Buol, Mayor 15. Special Assessments - Snow Removal and Right -of -Way Obstruction for 2013- 2014: City Manager recommending establishing the final schedule of assessments for the 2013-2014 snow removal from City right-of-way. Upon motion the documents were received and filed and Resolution No. 117-14 Adopting the Final Assessment Schedule for the 2013-2014 Snow Removal Assessment - Right -of -Way Obstruction Removal As- sessment Project was adopted. RESOLUTION NO. 117-14 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE 2013-2014 SNOW REMOVAL ASSESSMENT — RIGHT-OF-WAY OBSTRUCTION REMOVAL ASSESS- MENT PROJECT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: After full consideration, the Final Schedule of Assessments as shown on the attached sheet(s), Page 1 to Page 2 inclusive; is hereby approved for the Snow Removal As- sessment = Right -of -Way Obstruction Removal Assessment Project. There is hereby assessed and levied as a special tax against and upon each of the benefited properties, the respective sums indicated. The amounts shown in said Final Schedule of Assessments as deficiencies are found to be proper and levied conditional- ly against the respective properties benefited by the improvements as shown in the Fi- nal Schedule of Assessments, subject to the provisions of Iowa Code § 384.63. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same. The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certifi- cation once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the Final Schedule of Assessments. On or before the date of the second pub- lication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the City Treasurer, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid as- sessments are payable at the County Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at nine percent (9%) computed to December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. However, when the last day of September is a Saturday or Sunday, that amount shall be delinquent from the second business day of October. Unpaid balances will draw the same delinquent interest as or- dinary taxes. Passed, approved and adopted this 21st day of April, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk FINAL ASSESSMENT SCHEDULE FOR SNOW REMOVAL IN THE PUBLIC RIGHT-OF-WAY Lot 6 Tivoli Add, 1024129028, 2243 Central Ave., $62,410.0, $255.00 S 52'5" N 2/5 of City Lot 489, 1024254008, 1997 Jackson St., $79,920.00, $100.00 E 1/2 -Lot 31 L H Langworthys Add, 1024202012, 2233 Jackson St., $73,610.00, $92.50 6 E 1/2 -Lot 30 L H Langworthys Add, 1024202011, 2249 Jackson St., $45,540.00, $85.00 Lot 1 & 2 of The Sub 1-81 East Dubuque Add, 1024281008, 1597 Washington St., $65,590.00, $85.00 W 33' of Lot 5 of City Lot 601, 1025260022, 434 Emmett St., $63,810.00, $85.00 Lot 43 Levens Add, 1023477020, 1553 Alta Vista St., $96,730.00, $192.50 Lot 1 A L Browns Sub, 1024340014, 412 Loras Blvd., $123,220.00, $215.00 Lot 1-818 & Lot 819 A McDaniels Sub, 1024377002, 636 Loras Blvd., $85,200.00, $85.00 Lot 2-817 A Mcdaniels Sub, 1024377004, 614 Loras Blvd., $32,860.00, $85.00 Lot 10 Blk. 1 Highland Park Estates, 1015151009, 3187 Highland Park, $255,980.00, $115.00 Lot 1 of Winner Place, 1024403017, 25 W 15th St., $82,670.00, $85.00 N 75' of S 140' of E 140' of Lot 6 Mt Pleasant Add, 1023461021, 1555 Mt. Pleasant St., $99,400.00, $292.50 N 86 1/2' of Lot 13 John Kings Dubuque & Lot 2-1 of Min Lot 316, 1013360015, 2501 Broadway St., $135,520.00, $137.50 Ne 36'& SW 16.43' of Lot 20 Cooks Add & Lot 21 Cooks Add, 1013485018, 700 Rhomberg Ave., $166,890.00, $442.50 Lot 1 Wiegands Sub Bal In Forest Reserve, 1014357001, 2500 Corto Drive, $166,500.00, $207.50 Lot 4 M A McDaniels Sub 574-576 Chestnut, 1024381006, 574 Chestnut St., $172,310.00, $300.00 E 1/2 Lot 5 of E 1/2 of City Lot 655, 1024457016, 1025 Bluff St., $21,590.00, $100.00 E 24' of Lot 22 Cox's Add, 1024177022, 2008 Foye St., $43,170.00, $250.00 Lot 1-1 Cook & Allen Place, 1036157013, 1005 Victoria St., $109,940.00, $115.00 Lot 2-1 of Min Lot 43 & Lot 2 of Min Lot 44 & Lots 1 & 2 Mt Vernon Court, 1036151010, 855 South Grandview, $187,960.00, $182.50 Lot 7 Burtons Add, 1014453009, 854 Kaufmann Ave., $85,240.00, $107.50 Lot 131 Finley Waples & Burtons Add, 1026107005, 2450 University Ave., $105,000.00, $111.25 Lot 2-2-1-3 St Mary's Place, 1022201002, 2971 Kaufmann Ave., $98,930.00, $227.50 Lot 2-1-1-1-1-1-1- Mineral Lot 342, 1014376022, Kaufmann Ave., $6,150.00, $130.00 Lot 1-8 of Lots 138, 140, & 142 L H Langworthy's Add, 1024106002, 400 Kaufmann Ave., $73,100.00, $107.50 Lot 9 & Lot 1-10 of Lots 138, 140, & 142 of L H Langworthy's Add, 1024106001, 410 Kaufmann Ave., $53,430.00, $100.00 Lot 44 Woodlawn Park Add, 1023459008, 1523 Adair St., $105,900.00, $152.50 R 0 W NW 1/4 Sec 1 T88n-R2e See 15-00-800-016, 1501501003, Old Mill Road, $257.50 Lot 13 Westbrook Sub No 2, 1030155017, 7608 South Westbrook, $181,370.00, $115.00 NE 1/2 Lot 12 Dreibilbies Add, 1013481006, 816 Rhomberg Ave., $35,320.00, $220.00 W 45' 2-95-96-97-98 Union Add, 1025382005, 930 Cleveland Ave., $92,880.00, $190.00 W 54 1/2' - W 1/4 - Lot 43 Kelly's Sub, 1025133001, 686 West Eighth St., $101,900.00, $92.50 N 40'-S 1/2 -Lot 12, S 35'-S 1/2 -Lot 12, & S 60' -Lot 13 All in Kelly's Sub, 1025130011, Air Hill St., $12,620.00, $100.00 7 W 45' Lot 4 Oxford Hgts, 1025109006, 910 University Ave., $122,450.00, $190.00 Lot 4 South Ave Add, 1036252012, 519 Southern Ave., $65,560.00, $167.50 Lot 2 Bisping Place, 1036402001, 8 Julien Dubuque, Drive, $123,680.00, $190.00 16. Plat of Survey - Jelinske Addition: Zoning Advisory Commission recommending approval of the Final Plat for the Jelinske Addition (Lorelei Lane) subject to waiving the lot frontage for Lots 1 and 2. Upon motion the documents were received and filed and Resolution No. 118-14 Approving the Plat of Survey of Jelinske Addition in Dubuque County, Iowa, was adopted. RESOLUTION NO. 118-14 APPROVING THE PLAT OF SURVEY OF JELINSKE ADDITION IN DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey of Jelinske Addi- tion in Dubuque County, Iowa; and Whereas, said Plat of Survey provides 0 feet of frontage for Lot 1 and Lot 2 on a pub- lic or approved private street, where street frontage 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 Commis- sion and had its approval endorsed thereon; and Whereas, said Plat of Survey has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11-14 of Title 16 of the Code of Ordinances, Unified Devel- opment Code, is waived to allow 0 feet of frontage on a public or approved private street for Lot 1 and Lot 2. Section 2. That the Plat of Survey of Jelinske Addition is hereby approved and the Mayor and City Council are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Plat of Survey. Passed, approved and adopted this 21st day of April, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 17. Iowa Department of Transportation (IDOT) - Conveyance of Property: City Man- ager transmitting signed patents from the Iowa Department of Transportation conveying four tracts of land to the City of Dubuque related to the Intermodal Transportation Cen- ter. Upon motion the documents were received and filed.[See also May 5, 2014 meet- ing] 18. Iowa Department of Natural Resources - E. B. Lyons Maintenance Shop Service Contract: City Manager recommending approval of a contract between the City of Dubuque and the Iowa Department of Natural Resources related to a new IDNR maintenance shop that will be built to service the E. B. Lyons Interpretive Center and the Mines of Spain State Recreation Area. Upon motion the documents were received and filed and Resolution No. 119-14 Authorizing Service. Contract with the Iowa De- partment of Natural Resources for Compensation of Design Services for E. B. Lyons Maintenance Shop was adopted. 8 RESOLUTION NO. 119-14 AUTHORIZING SERVICE CONTRACT WITH IOWA DEPARTMENT OF NATURAL RESOURCES FOR COMPENSATION OF DESIGN SERVICES FOR E. B. LYONS MAINTENANCE SHOP Whereas, the Iowa Department of Natural Resources has allocated $23,600 from the Rebuild Iowa Infrastructure Fund for design services, including civil engineering and construction management, for a new E. B. Lyons maintenance shop at Mines of Spain State Recreation Area; and Whereas, the City of Dubuque has retained IIW Engineers to coordinate the engi- neering and construction management for development of planned improvements in the 2012 master plan for the E. B. Lyons Interpretive Area Addition; and Whereas, it is advantageous to have all development work for the master plan coor- dinated by one engineering firm under the City's review; and Whereas, the Iowa Department of Natural Resources has agreed to compensate the City of Dubuque for design services by IIW Engineers for the maintenance shop in the amount of $23,600. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor hereby is authorized to sign the service contract with the Iowa Department of Natural Resources for financial reimbursement to the City of Dubuque for design services for the E. B. Lyons Maintenance Shop, subject to final approval of all corrections by the City Attorney. Passed, approved and adopted this 21st day of April, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 19. Dubuque Metropolitan Area Solid Waste Agency (DMASWA): Correspondence from the Dubuque Metropolitan Area Solid Waste Agency (DMASWA) notifying the City of the Agency's Fiscal Year 2015 fee schedule. Upon motion the documents were re- ceived and filed. 20. Old Town Neighborhood Historic District: City Manager recommending approval to release a Request for Proposals for consultant services to assist the City with prepar- ing a National Register of Historic Places nomination for the Old Town Neighborhood Historic District. Upon motion the documents were received, filed and approved. 21. Human Rights Department FY 2013 Annual Report: City Manager transmitting the Fiscal Year 2013 Annual Report for the Human Rights Department. Upon motion the documents were received and filed. 22. Civil Service Commission: Civil Service Commission submitting the certified lists for the positions of Fire Chief and Equipment Mechanic. Upon motion the documents were received, filed and made a Matter of Record April 10, 2014 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Fire Chief was administered on March 4, 2014. We hereby certify that the individuals 9 In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Recreation Program Supervisor was administered via take-home exam. We hereby cer- tify that the individuals listed below have passed this written examination and the va- cancy for this position should be made from this list and that this list is good for two (2) years from above date. 1. Randall Dolson 15. Robin Hamel 2. Brian Feldott 3. Luke Kalb 4. Katie Bahl 5. Jantz Elliott 6. Terry Hoffman 7. Andrew Jones 8. Jacob Andersen 22 .Ryan Merritt 36. Ryan Spurling 9. Jay Swenson 23. Paul Lewis 37. Nathaniel Kass 10. Jason Thieme 24. Daniel Gleich 38. Kristie Arthofer 11. Joshua Larson 25. Vallerie Lynn 39. David Keck 12. Madeline Cairney 26. Philip Vargas 40. Edward Severns 13. Kevin Cartee 27. Brittney McElroy 41. Alan Stoltz 14. David Dauphin 28. Donald Adams listed below have passed this written examination and the vacancy for this position should be filled from this list and that this list is good for one year (1) from above date. 1. Lawrence Ewert 8. Robert Wetzel 2. Steven Henrichson 9. Wayne Dow 3. James Clack 10. Mark Jones 4. Rick Steines 5. Kevin Esser 6. Mark Burkle 7. Mark Dooley Honorable Mayor and Members of the City Council 11. David Grass 12. Jason Hansen 13. Mark Ludescher 14. William Manley Respectfully submitted, Dan White, Chairman Civil Service Commission January 30, 2014 29. Sara Burley 16. Rick McGiII 30. Mariah Bolin 17. Alyson Copus 31. Robert McIntyre 18. Laura Quade Lottes 32. Katie Rodger 19. Jeanette Rock 33. Joseph Fleckenstein 20. Micah Lurie 34 .Crista Ovsak 21. Patrick Carney 35. Michele Pomplun Respectfully submitted, Dan White, Chairman Civil Service Commission 23. Long Range Planning Advisory Commission: Commissioner Richard Van Iten submitting his resignation from the Long Range Planning Advisory Commission. Upon motion the documents were received and filed and the resignation accepted. 24. Signed Contracts: Dubuque by Carriage 10th Amendment to Lease Agreement; Westrum Leak Detection, Inc. for a computerized water distribution system leak detec- tion survey. Upon motion the documents were received and filed. 10 25. Tobacco Compliance Civil Penalty for Tobacco License Holders - Kwik Star #495: City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Kwik Star #495, 2685 Dodge Street. Upon motion the documents were received, filed and approved. 26. Alcohol Compliance Civil Penalty for Alcohol License Holders — Kwik Star #495: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Kwik Star #495, 2685 Dodge Street. Upon motion the documents were received, filed and approved. 27. Business License Refund: Request by Eddie Hwang for a refund of the liquor li- cense LC0035121 for Taiko Restaurant located at 2155 S. Park Ct. in the amount of $633.75. Upon motion the documents were received, filed and refer to the City Clerk. 28. Alcohol License Applications: City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. Upon motion the documents were received and filed and Resolution No. 120-14 Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and Li- cense Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 120-14 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQ- UOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval and the same have been examined and ap- proved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Bar -X Dubuque Lodge No. 355 Hartig Drug Co. Joliet Building Corporation Loras College Campus Cen- ter Lot One, LLC Monks Kaffee Pub Olive Garden #1516 Renewals 2616 Windsor Ave. 2635 Windsor Ave. 2255 JFK Rd. 781 Locust St. 1450 Alta Vista Dr. 100 Main St. 373 Bluff St. 3350 Dodge St_ 11 Class.0 Liquor (Sunday) Class A Liquor (Sunday) Class E Liquor, Class B wine, Class C Beer (Sunday) Class C Liquor (Sunday) Class C Liquor (Catering) (Sunday) Class C Liquor (Outdoor) (Sunday) _ Class C Liquor (Outdoor) (Sunday) Class C Liquor (Sunday) The Hub j 253 Main St. New Dubuque Food Co-op 955 Washington St. McAleece Park & Recreation Complex (6 Mon. License) Sportsters Pub & Grub 2600 Central Ave. W.E. Wholesale Outlet 2040 Kerper Blvd. 1801 Admiral Sheehy Dr. 1 Class C Liquor (Sunday) Class C Beer, Class B Wine (Sunday) Class B Beer (Outdoor) (Sunday) Class C Liquor (Sunday) Class E Liquor, Class B wine, Class C Beer (Sunday) Special Event St. Mark Youth Enrichment 1201 Locust St. 1 Class C Native Wine Passed, approved and adopted this 21st day of April, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council on the following items: 1. Spahn and Rose Lumber Co. - Development Agreement: Proof of publication on notice of public hearing to consider approval of a Development Agreement between the City of Dubuque and Spahn and Rose Lumber Co. providing for the issuance of Urban Renewal Tax Increment Revenue Grant Obligations and the City Manager recommend- ing approval. Upon motion the documents were received and filed and Resolution No. 121-14 Approving a Development Agreement with Spahn and Rose Lumber Co., provid- ing for the issuance of Urban Renewal Tax Increment Revenue Grant Obligations was adopted. RESOLUTION NO. 121-14 APPROVING A DEVELOPMENT AGREEMENT WITH SPAHN AND ROSE LUMBER CO., PROVIDING FOR THE ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE GRANT OBLIGATIONS Whereas, the City Council, by Resolution No. 102-14, dated April 7, 2014, declared its intent to enter into a Development Agreement with, Spahn and Rose Lumber Co. for the development of a facility in Downtown Dubuque; and Whereas, pursuant to published notice, a public hearing was held on the issuance of Urban Renewal Tax Increment Obligations on April 21, 2014 at 6:30 p.m. in the Historic Federal Building, 350 W. 6t" Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council to approve the Urban Renewal Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of Iowa, and to enter into the Development Agreement relating thereto for the purpose of carry- ing out an Urban Renewal Plan as hereinafter described, all of which is in the public in- terest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Development Agreement by and between the City of Dubuque and Spahn and Rose Lumber Co. is hereby approved. 12 Section 2. That the Mayor is hereby authorized and directed to execute the Devel- opment Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved and adopted this 21st day of April, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Unified Development Code Text Amendment - Title 16 Fringe Area Development Standards: Proof of publication on notice of public hearing to consider a request by the City of Dubuque to amend Title 16-11-7 of the Unified Development Code to add Fringe Area Development Standards and the City Manager recommending approval. Motion by Connors to receive and file the documents and that the requirement that a proposed or- dinance 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 Jones. Associate Plan- ner Kyle Kritz provided a staff report. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 31-14 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by Amending Article 11-7 Application Requirements and. Review Process to add Fringe Area Development, Standards for Subdivisions Within Two -Miles of the City of Dubuque Corporate Limits. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 31-14 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY AMENDING ARTICLE 11-7 APPLICATION RE- QUIREMENTS AND REVIEW PROCESS TO ADD FRINGE AREA DEVELOPMENT STANDARDS FOR SUBDIVISIONS WITHIN TWO -MILES OF THE CITY OF DUBU- QUE CORPORATE LIMITS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code Article 11-7 is hereby amended as follows: E. Fringe Area Development Standards: i. Pre -Annexation Agreement Requirement ii. New subdivisions subject to the City of Dubuque fringe area development poli- cy will be required to have a pre -annexation agreement as part subdivision approval by the City Council (or City Planner in the case of a Plat of Survey or Lot Split). iii. The pre -annexation agreement will be prepared with input from an in-house committee made up of the City Manager, City Attorney, City Planner, City En- gineer, and/or their designees. iv. Each proposed subdivision will be reviewed in light of existing City water and sanitary sewer utility systems and future extension of those utility systems, the Comprehensive Plan and Future Land Use Map, and the Annexation Study for purposes of establishing terms of the agreement. 1. Waiver of Pre -Annexation Agreement i. The City Manager may waive the pre -annexation agreement upon a showing of good cause. 13 ii. A developer may appeal to the City Council to waive the pre -annexation agreement upon a showing of good cause, if the City Manager does not grant a waiver. 2. Fringe Area Subdivision Requirements i. All subdivisions must comply with Article 16-11, Land Division, of the City of Dubuque Unified Development Code. ii. Each subdivision will be required to provide sufficient easements for the ex- tension of City water and sanitary sewer utility systems to serve each individ- ual lot within the subdivision. iii. Each major subdivision shall comply with the City of Dubuque sustainability requirements for new subdivisions, including obtaining score of forty (40) points as established in Article 16-11. iv. New streets that access City or County roadways must comply with SUDAS for sight visibility as determined by the City Engineer. v. To facilitate planned and orderly growth, developers of major subdivisions must provide a preliminary plat for the entire area anticipated to be developed as part of the subdivision. vi. Subdivisions and developments which are approved prior to annexation shall provide a mechanism for transfer of public right-of-way (ROW) ownership for County roads to the City upon annexation. vii. Private roads and streets in subdivisions and developments that are not un- der the County's ownership prior to annexation shall remain as private roads and streets upon annexation to the City, unless and until such time as they are brought into compliance with City standards and accepted by the City as public streets. viii. Developers shall be required to utilize stormwater management and erosion control measures, and stormwater retention/detention facilities where appro- priate in accordance with applicable federal, state, county, and city laws, regulations and policies. 3. Exception of Specific Subdivision Requirements: The Zoning Advisory Commission and City Council, when acting upon an application for preliminary or final subdivision approval, has the power to grant such exceptions from the requirements of Article 16- 11 for subdivision approval as may be reasonable and within the general purpose and intent of the provision for subdivision review and approval of the Article, if en- forcement of one (1) or more provisions of the Article are impracticable or will exact an undue hardship because of unique conditions pertaining to the land in question. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 21st day of April, 2014. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 25th day of April, 2014. /s/Kevin S. Firnstahl, City Clerk 3. Unified Development Code Text Amendment - Title 16 Jurisdictional Subdivision Review Authority: Proof of publication on notice of public hearing to consider a request by the City of Dubuque to amend Titlel6-11-2 of the Unified Development Code to ref- erence Iowa Code Section 354.9 and Two -Mile Extra Jurisdictional. Subdivision Review Authority and the City Manager recommending approval. Motion by Connors to receive 14 and file the documents and that the requirement that a proposed ordinance be consid- ered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Associate Planner Kyle Kritz pro- vide a staff report. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 32-14 Amending City of Dubuque Code of Ordinances Title 16 Unified Development Code, Chapter 11 Land Subdivision, Section 2 Applicability by Referencing Iowa Code Section 354.9. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 32-14 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DE- VELOPMENT CODE, CHAPTER 11 LAND SUBDIVISION, SECTION 2 APPLICABIL- ITY BY REFERENCING IOWA CODE SECTION 354.9 Section 1. Section 16-11-2 of the City of Dubuque Code of Ordinances is amended to read as follows: 16-11-2: APPLICABILITY: A. Land Divided Within City Limits Or Within Two Miles Of The City Limits: These regulations shall apply to all land to be divided which is within the limits of the city or within two (2) miles of the limits of the city as provided in Iowa Code section 354.9. Section 2. This Ordinance takes effect on publication. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 21st day of April, 2014. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 25th day of April, 2014. /s/Kevin S. Firnstahl, City Clerk 4. Fiscal Year 2014 Second Budget Amendment: Proof of publication on notice of public hearing to consider approval of the Fiscal Year 2014 Second Budget Amendment and the City Manager recommending approval. Motion by Braig to receive and file the documents and adopt Resolution No. 122-14 Amending the current budget for the Fis- cal Year ending June 30, 2014. Seconded by Connors. Responding to questions from the City Council, City Manager Van Milligen explained why funding was retained for specific projects. Motion carried 7-0. RESOLUTION NO. 122-14 AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2014 (AS AMENDED LAST ON 09/03/2013) Be it Resolved by the Council of the City of Dubuque Section 1. Following notice published and the public hearing held, 04/21/2013 the current budget (as previously amended) is amended as set out herein and in the detail by fund type and activity that supports this resolution which was considered at that hear- ina: 15 Total Budget as certified or last amended Current Amendment Total Budget after Current Amendment Revenues & Other Financing Sources Taxes Levied on Property 1 23,197,623 0 23,197,623 15 Less: Uncollected Property Taxes -Levy Year 2 0 0 0 Net Current Property Taxes 3 23,197,623 0 23,197,623 Delinquent Property Taxes 4 0 0 0 TIF Revenues 5 9,752,170 0 9,752,170 Other City Taxes 6 15,560,397 -950,000 14,610,397 Licenses & Permits 7 1,368,930 0 1,368,930 Use of Money and Property 8 14,164,131 -1,389,239 12,774,892 Intergovernmental 9 70,923,135 -13,392,074 57,531,061 Charges for Services 10 36,056,828 0 36,056,828 Special Assessments 11 960,008 0 960,008 Miscellaneous 12 10,836,652 -258,424 10,578,228 Other Financing Sources 13 76,276,032 -12,258,478 64,017,554 Total Revenues and Other Sources 14 259,095,906 -28,248,215 230,847,691 Expenditures & Other Financing Uses Public Safety 15 27,740,226 187,761 27,927,987 Public Works 16 12,772,031 221,835 12,993,866 Health and Social Services 17 1,200,814 -3,538 1,197,276 Culture and Recreation 18 11,463,595 30,903 11,494,498 Community and Economic Development 19 13,766,814 -213,239 13,553,575 General Government 20 7,776,357 -48,339 7,728,018 Debt Service 21 7,613,632 0 7,613,632 Capital Projects 22 84,453,140 -11,091,382 73,361,758 Total Government Activities Expenditures 23 166,786,609 -10,915,999 155,870,610 Business Type / Enterprises 24 120,914,450 -16,986,260 103,928,190 Total Gov Activities & Business Expenditures 25 287,701,059 -27,902,259 259,798,800 Transfers Out 26 25,086,630 838,525 25,925,155 Total Expenditures/Transfers Out 27 312,787,689 -27,063,734 285,723,955 Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out Fiscal Year 28 -53,691,783 -1,184,481 -54,876,264 29 Beginning Fund Balance July 1 30 76,411,1040 76,411,104 Ending Fund Balance June 30 31 22,719,321 -1,184,481 21,534,840 Passed, approved and adopted this 21sday of April, 2014. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 10th day of April, 2014. /s/Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS 1. Code of Ordinance Amendment - Title 14 Residential Parking Permit Program: City Manager recommending approval of an amendment to City Ordinance 9-14-321.722: Residential Parking Permit Program, adding a provision which outlines the procedure for amendments to an existing Residential Parking Permit District. 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 Connors. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 33-14 Amend- ing City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Division 7 Residential Parking Permit Program, Section 9-14-321.722 Residen- tial Parking Permit Program Established by adding a provision which outlines the proce- dure for amendments to a Residential Parking Permit District. Seconded by Connors. Motion carried 7-0. 16 OFFICIAL PUBLICATION ORDINANCE NO. 33-14 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHI- CLES AND TRAFFIC, CHAPTER 14 PARKING, DIVISION 7 RESIDENTIAL PARKING PERMIT PROGRAM, SECTION 9-14-321.722 RESIDENTIAL PARKING PERMIT PROGRAM ESTABLISHED BY ADDING A PROVISION WHICH OUTLINES THE PROCEDURE FOR AMENDMENTS TO A RESIDENTIAL PARKING PERMIT DIS- TRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 9-14-321.722 of the City of Dubuque Code of Ordinances is amended to read as follows: 9-14-321.722: RESIDENTIAL PARKING PERMIT PROGRAM ESTABLISHED: There is hereby established a residential parking permit program. The procedure for being designated a residential parking permit district shall be as follows: A. Petition: 1. Required: In order to be considered for a residential parking permit district des- ignation, a group of residents must submit a petition to the city manager contain- ing the signature of an adult member of at least sixty percent (60%) of the dwell- ing units in the residential area. Petitions shall only be considered for areas which contain at least four (4) adjacent block faces or fifty (50) curb parking spaces. The boundaries of and the streets within the proposed permit parking district shall be clearly identified on each page of the petition. The petition shall also state clearly that, if the district is approved that participation in the program is mandatory, only those vehicles with a permit shall be permitted to park in the residential parking permit district between seven o'clock (7:00) A.M. and five thir- ty o'clock (5:30) P.M. daily, or such other hours as may be requested by the peti- tion and approved by the city council, except Sundays and holidays, and an an- nual fee will be charged for a parking permit for each vehicle. The necessary pe- tition can be obtained from the office of the city clerk. A cover letter explaining the reasons for the request and a map showing the boundaries of the proposed park- ing permit district shall accompany the petition. 2. Exception: A petition may be considered for an area which contains less than four (4) adjacent block faces or fifty (50) curb parking spaces if there are extenu- ating conditions that render such requirement unreasonable. Upon the recom- mendation of the city manager, such requirement may be waived by the city council if it finds that the proposed residential district is isolated or separated from other residential areas by topographical features or by commercial area. The city council shall not grant such a waiver, however, if it determines that the only basis for granting such a waiver is the convenience of the residents or if it determines that the waiver is being requested by the petitioners to prevent oppo- sition to establishing a district. All other requirements of this division must be es- tablished. B. Parking Study: Upon receipt of a valid petition, the city manager shall cause a parking study of the area identified in the petition to be conducted. A residential parking permit district may be established only if the results of the study demonstrate that both of the following criterions are satisfied during peak periods: 1. At least eighty percent (80%) of the curbside parking spaces in the proposed parking permit district were utilized during peak periods. For purposes of this cri- terion, a legal curbside parking space shall be twenty three (23) linear feet; and 17 2. At least twenty five percent (25%) of the curbside parking spaces in the pro- posed parking district were utilized by nonresident parkers. For purposes of this criterion, the latest available motor vehicle registration information shall be used. C. Parking Study Report And Recommendation: Upon completion of the parking study, if the conditions of subsection B of this section are established, the city manager shall make a report and recommendation to the city council, based upon the petition and results of the survey, on whether or not to designate the proposed parking district or a portion thereof as a residential parking permit district and the hours such restrictions are to be in effect. The recommendation shall take the following into account: 1. The effect on the safety of the residents of the proposed residential parking permit district from intensive parking by nonresidents; 2. The difficulty or inability of residents of the proposed residential parking permit district to obtain adequate curbside parking adjacent to or near their residences because of widespread use of available curbside parking spaces by nonresident motorists; 3. The likelihood of alleviating, by use of the residential parking permit program, any problem of nonavailability of residential parking spaces; and 4. The desire of the residents in the proposed residential parking permit area for the institution of a residential parking permit district and the willingness of those residents to bear the cost incidental to the administration of the residential park- ing permit program. D. Public Hearing: Upon receipt of the report and recommendation from the city manager, the city council shall set a public hearing on the petition. Upon completion of the public hearing, the city council may reject the petition or adopt an ordinance desig- nating the permit area as a residential parking permit district and the hours such parking restrictions are to be in effect. E. Amendments: 1. Amendments to the existing districts, including but not limited to, expansion, reduction, or a change in the days/times must comply with the standards for es- tablishment of a district. 2. All petitions to amend a district must include the residents of the existing dis- trict and, if applicable, the residents of the area proposed for addition to the dis- trict. 3. An amendment will not be considered if the proposed change will not meet the requirement of four (4) block faces or fifty (50) parking spaces unless there are extenuating conditions that render such requirement unreasonable. Section 2. This Ordinance takes effect upon publication. Passed, approved, and adopted the 21st day of April, 2014. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 25th day of April, 2014. /s/Kevin S. Firnstahl, City Clerk 2. Environmental Stewardship Advisory Commission: Environmental Stewardship Advisory Commission requesting approval and concurrence of the Commission's goals and priorities for the next 18 months. Motion by Connors to receive, file and approve the documents. Seconded by Braig. Motion carried 7-0. 3. National Infrastructure Investments (TIGER 6) Grant Application: City Manager recommending approval to submit an application to the U.S. Department of Transporta- tion for the National Infrastructure Investments (TIGER 6) Grant to assist in funding a 18 portion of the 14th Street Railroad Overpass and the Bee Branch Bike -Pedestrian Rail- road Overpass projects and names the City Manager as the authorized grant repre- sentative and administrator. Motion by Braig to receive and file the documents and adopt Resolution No. 123-14 Approving application for National Infrastructure Invest- ments (TIGER 6) Discretionary Grant funding for the proposed 14th Street Railroad Overpass and the Bee Branch Bike -Pedestrian Railroad Overpass projects. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 123-14 APPROVING APPLICATION FOR NATIONAL INFRASTRUCTURE INVESTMENTS (TIGER 6) DISCRETIONARY GRANT FUNDING FOR THE PROPOSED 14TH STREET RAILROAD OVERPASS AND THE BEE BRANCH BIKE - PEDESTRIAN RAILROAD OVERPASS PROJECTS Whereas, the Canadian Pacific (CP) Railroad travels through the urban core of the City with numerous at -grade crossings on local city streets in the downtown area; and Whereas, an approximate 6-8 trains passing through Dubuque on a daily basis, im- pedes the ability for pedestrian, vehicles, commercial traffic and emergency responders to access the northeast segment of the City; and Whereas, the City's Long Range Transportation Plan includes a proposed elevated bridge overpass over the railroad at -grade crossing at 14th Street; and Whereas, the Bee Branch bike/pedestrian bridge will provide a safe crossing over the CP railroad tracks that will join miles of trails throughout Dubuque neighborhoods to the Mississippi River; and Whereas, the City of Dubuque will submit a TIGER 6 grant application for $11,940,00.00 that will connect people to jobs; and Whereas, the Application requires that the City Council agree to provide and make available up to $5,790,000.00 in local funding to be used for the local match require- ment of the TIGER 6 grant application; and Whereas, the City must establish an authorized representative able to execute on behalf of the City of Dubuque for the proposed 14th Street Railroad Overpass and the Bee Branch Bike/Pedestrian Railroad Overpass Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. Approving the City's application for $11,940,000 in National Infrastructure Investments (TIGER 6) Discretionary Grant funding for the proposed 14th Street Rail- road Overpass and the Bee Branch Bike/Pedestrian Railroad Overpass projects. Section 2. Establishing the City Manager as the City's authorized representative re- garding the grant. Passed, approved and adopted this 21st day of April, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. HMA Resurfacing Project - White Street from 11th Street to 21st Street Project Award: City Manager recommending award of the White Street HMA Resurfacing with Milling Project from 11th to 21st Street to the low bidder River City Paving. Motion by Connors to receive and file the documents and adopt Resolution No. 124-14 Awarding the public improvement contract for the White Street HMA Resurfacing with Milling Pro- ject from 11th to 21st Street (Iowa DOT Project No. NHSN-052-2(132)--2R-31). Second- ed by Jones. Motion carried 7-0. 19 RESOLUTION NO. 123-14 APPROVING APPLICATION FOR NATIONAL INFRASTRUCTURE INVESTMENTS (TIGER 6) DISCRETIONARY GRANT FUNDING FOR THE PROPOSED 14TH STREET RAILROAD OVERPASS AND THE BEE BRANCH BIKE - PEDESTRIAN RAILROAD OVERPASS PROJECTS Whereas, the Canadian Pacific (CP) Railroad travels through the urban core of the City with numerous at -grade crossings on local city streets in the downtown area; and Whereas, an approximate 6-8 trains passing through Dubuque on a daily basis, im- pedes the ability for pedestrian, vehicles, commercial traffic and emergency responders to access the northeast segment of the City; and Whereas, the City's Long Range Transportation Plan includes a proposed elevated bridge overpass over the railroad at -grade crossing at 14th Street; and Whereas, the Bee Branch bike/pedestrian bridge will provide a safe crossing over the CP railroad tracks that will join miles of trails throughout Dubuque neighborhoods to the Mississippi River; and Whereas, the City of Dubuque will submit a TIGER 6 grant application for $11,940,00.00 that will connect people to jobs; and Whereas, the Application requires that the City Council agree to provide and make available up to $5,790,000.00 in local funding to be used for the local match require- ment of the TIGER 6 grant application; and Whereas, the City must establish an authorized representative able to execute on behalf of the City of Dubuque for the proposed 14th Street Railroad Overpass and the Bee Branch Bike/Pedestrian Railroad Overpass Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. Approving the City's application for $11,940,000 in National Infrastructure Investments (TIGER 6) Discretionary Grant funding for the proposed 14th Street Rail- road Overpass and the Bee Branch Bike/Pedestrian Railroad Overpass projects. Section 2. Establishing the City Manager as the City's authorized representative re- garding the grant. Passed, approved and adopted this 21st day of April, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. Dubuque Intermodal Transportation Center - Project Award: City Manager recom- mending award of the contract for the Dubuque Intermodal Transportation Center to the low bidder Conlon Construction. Motion by Braig to receive and file the documents and adopt Resolution No. 125-14 Awarding Public Improvement Contract for the Dubuque Intermodal Transportation Center. Seconded by Connors. Responding to questions from the City Council, Parking System Supervisor Tim Horsfield stated that the project would be completed within 14 months following the issuance of the Notice to Proceed. Motion carried 7-0. RESOLUTION NO. 125-14 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE DUBUQUE INTER- MODAL TRANSPORTATION CENTER Whereas, sealed proposals have been submitted by contractors for the Dubuque In- termodal Transportation Center (the Project) pursuant to Resolution No. 94-14 and No- tice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 7th day of March, 2014; and 20 Whereas, said sealed proposals were opened and read on the 8th day of April, 2014 and it has been determined that Conlon Construction Co. of Dubuque, IA, with a bid in the amount of $12,850,000, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1: A Public Improvement Contract for the Project is hereby awarded to Con- lon Construction Co. and the City Manager is hereby directed to execute a Public Im- provement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 21st day of April, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 6. Request for Work Session - Payday Lenders: City Manager recommending that the City Council schedule a work session for May 19, 2014 at 5:15 p.m. regarding pay- day lenders. Motion by Lynch to receive and file the documents and set the work ses- sion as recommended. Seconded by Braig. City Manager Van Milligen stated that public input should be submitted to the City Council in writing prior to the work session. Motion carried 7-0. PUBLIC INPUT Patricia McCall Paar, 2789 Windsor Avenue, addressed the City Council about re- viewing the cost of a Conditional Use Permit as it relates to the keeping of backyard chickens and suggested placing the permit under the control of the Health Services De- partment. CLOSED SESSION Motion by Jones to convene in closed session at 7:41 p.m. to discuss pending litiga- tion and property acquisition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Second- ed by Connors. Motion carried 7-0. Upon motion, the City Council reconvened in open session at 8:20 p. m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 8:21 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 21