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6 3 13 City Council Proceedings Official_Special and Regular CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on June 3, 2013 in the th Historic Federal Building, 350 W. 6 Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE May the spirit of wisdom keep our hearts and minds open as we endeavor to serve the common good. PROCLAMATION(S) Apples for Students Months (June/July 2013) was accepted by Troy Rabbet, of St. Mark Community Center, 1201 Locust St. Emancipation Proclamation 150th Anniversary & Juneteenth 148th Anniversary was accepted by R.R.S. Stewart, Vice Chairperson of the Human Rights Commission. LGBT Pride Month Proclamation (June 2013) was accepted by Jessi Perry, of Hill- th crest Family Services and on behalf of Rainbow Pride, 225 W. 6 St. PRESENTATION(S) Iowa DNR State Parks Bureau Chief: Iowa Department of Natural Resources State Parks Bureau Chief Kevin Szcodronski provided an oral presentation on the National Association of State Parks Directors conference to be held in Dubuque from September 3-6, 2013 and the America's State Tree Woodland Walk to be installed on September 4 at the E.B. Lyons Interpretive Area Expansion as part of the conference. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Resnick. Motion carried 7-0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 4/23, City Council proceedings of 5/20, Community Development Advisory Commission of 5/15, Housing Commission of 4/9, Human Rights of 4/8, Library Board of Trustees of 4/25, Library Board of Trustees Updates of 4/25 and 5/23, Sister City Relationships Ad- visory Commission of 5/29, Proof of Publication for Final Assessment Public Right-of- Way of 5/10 and 5/17, Proof of Publication for City Council proceedings of 5/6. Upon motion the documents were received and filed. Notice of Claims and Suits: Kevin Hammel/JK Trucking for vehicle damage. Upon motion the document was received, filed and referred to the City Attorney. Disposition of Claims: City Attorney advising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Kevin Hammel/JK Trucking for vehicle damage. Upon motion the docu- ments were received, filed and concurred. Indiana Court 2012 Drain Tile Project Acceptance: City Manager recommending ac- ceptance of the 2012 Drain Tile Project for Indiana Court as completed by McDermott Excavating. Upon motion the documents were received, filed and approved. Asbestos Survey and Monitoring of Abatement Contract Amendment: City Manager recommending approval of an amendment to the Cardno ATC Asbestos Survey and Monitoring contract for properties at 1711 Old Mill Road and 1654 Manson Road. Upon motion the documents were received, filed and approved. Arts and Cultural Affairs Advisory Commission: Commissioner Paul Hemmer submit- ting his resignation to the Arts and Cultural Affairs Advisory Commission. Upon motion the document was received, filed and the resignation accepted. Award 2013 Access Ramp Installation Project: City Manager recommending that the award for the 2013 Access Ramp Installation Project awarded on May 13, 2013, to Midwest Concrete, Inc., in the amount of $20,400.10 be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. Dubuque County Multi-Jurisdictional Hazard Mitigation Plan: City Manager transmit- ting information regarding the successful completion of the Dubuque County Multi- Jurisdictional Hazard Mitigation Plan and the approval from the Federal Emergency Management Agency (FEMA). Upon motion the documents were received and filed. The Economic Impact of Main Street Iowa, 1986-2012: City Manager transmitting a report entitled, “Getting Results: The Economic Impact of Main Street Iowa, 1986-2012. Upon motion the document was received and filed. Mediacom Communications Company: Correspondence from Lee Grassley, Senior Manager of Government Relations for Mediacom Communications Company advising 2 the City of programming changes that will take place on or about June 25, 2013. Upon motion the documents were received and filed. Improvement Contracts / Performance, Payment and Maintenance Bonds: Hoyne Landscaping and Snowblowing, Inc., for the 2013 Upper Bee Branch Landscape Maintenance; McDermott Excavating for the Safe Routes to School - Dubuque School Safety Improvements Project; Midwest Concrete, Inc., for the 2013 Access Ramp Instal- lation Project Asphalt Overly Program; Portzen Construction for the Bunker Hill Pump- ing Facility 2013 Project; and Selco Inc., for the 2013 Pavement Marking Project. Upon motion the documents were received, filed and approved. Signed Contracts: IIW Engineers & Surveyors for the Purina Drive Salt Dock Reme- dial Design and Bidding Service Agreement; Strand Associates Amendment No. 2 De- sign Services for the Water & Resource Recovery Center Cogeneration Facilities Pro- ject. Upon motion the documents were received and filed. Alcohol Compliance Civil Penalty for Alcohol License Holders – My Brother's Place: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for My Brother's Place, 1850 Central Avenue. Upon motion the documents were received and filed. Business License Refund: Request by Jamal Karbush for a refund of the liquor li- cense for The Ground Round Restaurant in the amount of $633.75. Upon motion the documents were received, filed and approved. Alcohol License Applications: City Manager recommending approval of annual liquor, beer, wine license applications as submitted. Upon motion the documents were re- ceived and filed and Resolution No. 163-13 Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Busi- ness and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 163-13 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQ- UOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval and the same have been examined and ap- proved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the 3 noted permit types to the following applicants pending submission of the locally required documentation. Renewals Diamond Jo Casino 301 Bell St. Class C Liquor, Class B Wine (Car- ryout Wine) (Outdoor) (Sunday) Kwik Star #495 2685 Dodge St. Class C Beer, Class B Native Wine (Sunday) Mason Dixon Saloon 163 Main St Class C Liquor (Sunday) Mc Cann's Service, Inc. 690 W Locust Class C Beer (Sunday) Ooh La La 3460 Hillcrest Rd. Class B Wine (Sunday) Walgreens #11942 345 E. 20 th St. Class E Liquor, Class B Wine, Class C Beer (Carryout Beer and wine) (Sunday) The Hancock House Bed 1105 Grove Terr. Class B Native Wine (Living Quar- and Breakfast Inn ters) Rotary Club of Dubuque 135 W. 8 th St. Special Class C Liquor (Sunday) Permanent Premise Transfer Oky Doky #2 51 West 32 nd to Class E Liquor 2040 Kerper Blvd. rd Passed, approved and adopted this 3 day of June, 2013 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Jones 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 Connors. Motion carried 7-0. Stormwater Utility Revenue Capital Loan Notes (State Revolving Loan Fund Pro- gram) City Manager recommending that a public hearing be set for June 17, 2013 on the proposition of issuing not to exceed $14,767,000 in Stormwater Utility Revenue Capital Loan Notes (State Revolving Loan Fund Program). Upon motion the documents were received and filed and Resolution No. 164-13 Fixing date for a meeting on the au- thorization of a loan and disbursement agreement and the issuance of not to exceed $14,767,000 stormwater utility revenue capital loan notes of The City of Dubuque, Iowa, and providing for publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 17, 2013 in the Historic Federal Building. 4 RESOLUTION NO. 164-13 FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AND DIS- BURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $14,767,000 STORMWATER UTILITY REVENUE CAPITAL LOAN NOTES OF THE CITY OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF Whereas, it is deemed necessary and advisable that the City of Dubuque, Iowa should provide for the authorization of a Loan and Disbursement Agreement and the issuance of Stormwater Utility Revenue Capital Loan Notes, in the amount of not to ex- ceed $14,767,000, as authorized by Sections 384.24A and 384.83, Code of Iowa, as amended, for the purpose of providing funds to pay costs as hereinafter described; and Whereas, the City has applied for a loan through the Iowa Water Pollution Control Works Financing Program pursuant to which the Iowa Finance Authority has agreed to purchase the City's Notes and has requested that such Notes be issued as a single Note in a denomination equal to the total amount of the issue as authorized by Chapter 384 of the Code of Iowa; and Whereas, the Loan and Disbursement Agreement and Note shall be payable solely and only out of the net earnings of the Stormwater Management Utility and shall be a first lien on the future net earnings of the Utility; and shall not be general obligations of the City or payable in any manner by taxation and the City shall be in no manner liable by reason of the failure of the net revenues to be sufficient for the payment of the Loan and Disbursement Agreement and Note; and Whereas, before a Loan and Disbursement Agreement may be authorized and Stormwater Utility Revenue Capital Loan Notes issued to evidence the obligation of the City thereunder, it is necessary to comply with the provisions of the Code of Iowa, as amended, and to publish a notice of the proposal and of the time and place of the meet- ing at which the Council proposes to take action for the authorization of the Loan and Disbursement Agreement and Notes and to receive oral and/or written objections from any resident or property owner of the City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this City Council meet in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa at 6:30 o'clock P.M., on the 17th day of June, 2013, for the pur- pose of taking action on the matter of the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $14,767,000 Stormwater Utility Revenue Capital Loan Notes to evidence the obligations of the City thereunder, the proceeds of which will be used to provide funds to pay the costs of acquisition, construction, recon- struction, extending, remodeling, improving, repairing and equipping all or part of the Stormwater Management Utility, including those costs associated with the construction of the Bee Branch Disaster Resiliency Project. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal 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 clear days nor more than twenty days before the date of said public meeting on the issuance of the Notes. 5 Section 3. The notice of the proposed action shall be in substantially the \[form pro- vided\]. rd Passed and approved this 3 day of June, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk FY2013 and FY 2014 Sewer Cured-in-Place Pipe (CIPP) Lining Project: City Manag- er recommending the initiation of the public bidding process for the FY2013 and FY2014 Sanitary Sewer Cured-in-Place Pipe Lining Project, and further recommends that a pub- lic hearing be set for June 17, 2013. Upon motion the documents were received and filed and Resolution No. 165-13 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 17, 2013 in the Historic Federal Building. RESOLUTION NO. 165-13 FY2013 AND FY2014 SEWER CURED-IN-PLACE PIPE (CIPP) LINING PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC- IFICATIONS, 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 FY2013 and FY2014 Sewer Cured-in-Place Pipe (CIPP) Lining Project, in the estimated amount $615,000.00, 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 17 day of June, 2013 at 6:30 p.m. in the Historic Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and es- timated 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 appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The FY2013 and FY2014 Sewer Cured-in-Place Pipe (CIPP) Lining Project is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be pub- lished in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the th date for filing bids before 2:00 p.m. on the 27 day of June, 2013. Bids shall be opened 6 and read by the City Clerk at said time and will be submitted to the City Council for final st action at 6:30 p.m. on the 1 day of July, 2013, in the Historic Federal Building Council th Chambers (second floor), 350 West 6 Street, Dubuque, Iowa. rd Passed, adopted and approved this 3 day of June, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Dubuque Industrial Center South PCC Paving and Utilities 2013 Project: City Manag- er recommending the initiation of the public bidding process for the Dubuque Industrial Center South PCC Paving and Utilities-2013 Project and further recommends that a public hearing be set for June 17, 2013. This item was removed from the agenda. 30-Inch Force Main Relocation Project – Initiate: City Manager recommending initia- th tion of the public bidding process for the 30-Inch Force Main Relocation Project from 9 th Street to 11 Street, and further recommends that a public hearing be set for June 17, 2013. Upon motion the documents were received and filed and Resolution No. 166-13 Preliminary approval of plans, specifications, form of contract, and estimated cost; set- ting 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 June 17, 2013 in the Historic Federal Building. RESOLUTION NO. 166-13 TH 30 INCH FORCE MAIN RELOCATION PROJECT – PHASE I FROM 9 STREET TO TH 11 STREET 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 30 thth inch Force Main Relocation Project - Phase I from 9 Street to 11 Street, in the esti- mated amount $1,185,437.50, 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 17 day of June, 2013, at 6:30 p.m. in the Histor- th ic Federal Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Io- wa, at which time interested persons may appear and be heard for or against the pro- posed 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 appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. thth 30 inch Force Main Relocation Project – Phase I from 9 Street to 11 Street 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 7 conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be pub- lished in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the th date for filing bids before 2:00 p.m. on the 20 day of June, 2013. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final st action at 6:30 p.m. on the 1 day of July, 2013, in the Historic Federal Building Council th Chambers (second floor), 350 West 6 Street, Dubuque, Iowa. rd Passed, adopted and approved this 3 day of June, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Warehouse Trust, LLC (Novelty Ironworks Building) Development Agreement: City Manager recommending that a public hearing be set for June 17, 2013, on a Develop- ment Agreement for Warehouse Trust, LLC (Novelty Iron Works building). Upon motion the documents were received and filed and Resolution No. 167-13 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the proposed issu- ance of Urban Renewal Tax Increment Revenue Obligations and the execution of a De- velopment Agreement relating thereto with Warehouse Trust, LLC, and providing for the publication of notice thereof was adopted. setting a public hearing for a meeting to commence at 6:30 p.m. on June 17, 2013 in the Historic Federal Building. RESOLUTION NO. 167-13 FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS AND THE EXECUTION OF A DEVELOP- MENT AGREEMENT RELATING THERETO WITH WAREHOUSE TRUST LLC, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, City and Warehouse Trust LLC have entered into a Development Agree- ment, subject to the approval of the City Council, a copy of which is now on file at the th Office of the City Clerk, City Hall, 13 and Central Avenue, Dubuque, Iowa; and Whereas, the City Council has tentatively determined that it would be in the best in- terests of the City to approve the Development Agreement, with Warehouse Trust LLC; and Whereas, it is deemed necessary and advisable that City should authorize Urban Renewal Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of Iowa, and to enter into the Development Agreement relating thereto for the purpose th of carrying out the rehabilitation of property located at 333 E 10 Street 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 8 DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 403.9 of a public hearing on the City's intent authorize Urban Renewal Tax Increment Revenue obliga- th tions, to be held on the 17 day of June, 2013, at 6:30 o'clock p.m. in the City Council th Chambers at the Historic Federal Building, 350 W. 6 St., Dubuque, Iowa. Section 2. The City Council will meet at said time and place for the purpose of taking action on the matter of authorizing Urban Renewal Tax Increment Revenue obligations and the execution of the Development Agreement relating thereto with Warehouse Trust LLC, the proceeds of which obligations will be used to carry out certain of the special financing activities described in the Greater Downtown Urban Renewal District, consist- ing of the funding of economic developments grants to Warehouse Trust LLC pursuant th to the Development Agreement under the terms and conditions of said West 11 Street Urban Revitalization District Plan. It is expected that the aggregate amount of the Tax Increment Revenue obligations is approximately $2,770,000 over a 15 year period. Section 3. The Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, pub- lished at least once weekly, and having general circulation in said City, said publication to be not less than four days nor more than twenty days before the date of said meeting on the issuance of said obligations. rd Passed, approved and adopted this 3 day of June, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the Council regarding their application to the fol- lowing boards/commissions: Arts and Cultural Affairs Advisory Commission: Four 3-year terms through June 30, 2016 (expiring terms of Hemmer, Kames, O’Rourke-Rosenow, and Riedel). Applicants: (All applicants qualify for the Arts Representative designation) Tom Farley, 491 West 4th St.; Katherine Kluseman, 1631 Alta Place; Tim Olson, 1090 Grove Terrace; Marina O’Rourke-Rosenow, 2085 Mullin Rd.; Susan Riedel, 282 Kelly’s Bluff; Richard Rossign- ol, 1631 Main St.; Jessica Teckemeyer, 2945 Keokuk St. Mr. Farley, Ms. Kluseman, Mr. Olson, Ms. O’Rourke-Rosenow, and Ms. Riedel spoke in support of their respective ap- pointments. Civic Center Commission: One 3-year term through June 29, 2016 (expiring term of Bakke) Applicant: Rod Bakke, 3030 Karen St. Historic Preservation Commission: Two 3-year terms through July 1, 2016 (expiring th terms of McDonell - Jackson Park District and Whalen - West 11 District). Applicants: Benjamin Beard, 1854 Churchill St. (Qualifies as Interim 11th St. District resident); Rob- th ert M. McDonell, 135 West 17 St. (Qualifies for Jackson Park District resident); Dr. John Whalen, 1105 Highland Pl. (Qualifies for W. 11th St. District resident). Housing Commission: One 3-year term through August 17, 2015 (Vacant term of Culbertson). Applicant: Robert M. McDonell, 135 West 17th St. 9 Housing Code Appeals Board: One 3-year term through January 11, 2015 (Vacant term of Newman). Applicant: Mary Gotz, 1844 Bennett St. Investment Oversight Advisory Commission: One 3-year terms through July 1, 2016 (expiring term of Reisdorf). Applicant: Stephen V. Reisdorf, 740 Brookview Sq. Mr. Reisdorf spoke in support of his appointment. Library Board of Trustees: Two 4-year terms: One through July 1, 2015 (vacant term of Hammer); and one through July 1, 2017 (expiring term of Willis). Applicants: Daniel rdth Boice, 1225 West 3 St.; John T. Pregler, 1525 Pego Ct.; Mike Willis, 1365 West 5 St. Mr. Boice, Mr. Pregler and Mr. Willis spoke in support of their respective appointments. Long Range Planning Advisory Commission: One 3 year-term through July 1, 2016 (expiring term of Winterwood). Applicant: Charles Winterwood, 1555 Montrose Terrace. Park and Recreation Commission: Three 3-year terms through June 30, 2016 (expir- ing terms of Hoffmann, Lyness, and Schluter). Applicants: Katherine Lydon, 123 Bluff St.; Karen Lyness, 89 Alpine St.; David Schlueter, 3645 Crescent Ridge. Ms. Lydon and Ms. Lyness spoke in support of their respective appointments. Council Member Jones stated that correspondence was received from Mr. Schlueter in support of his appoint- ment. Sister City Relationship Advisory Commission: One 3-Year term through February 1, 2016 (vacant term of Coty). Applicant: Robert J. Felderman, 241 Southgate Dr. Appointment was made to the following board/commission: Electrical Code Board: One 3-year term through May 21, 2014 (Vacant term of Mueller). Applicant: David B. Wilson, 2918 Washington. Motion by Jones to appoint Da- vid Wilson to the remainder of one 3-year term through May 21, 2014. Seconded by Resnick. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone to address the City Council. Timber-Hyrst Estates #2 Vacate of Storm Sewer Easement: Proof of publication on notice of public hearing to consider a request by Robert A. and Beth M. Hartig to vacate a storm sewer easement between Lots 1 and 2 in Timber-Hyrst Estates #2 and the City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 168-13 Disposing of city interest in a storm sewer easement between Lots 1 and 2 In Timber-Hyrst Estates # 2 In The City of Dubuque, Iowa. Se- conded by Braig. Motion carried 7-0. RESOLUTION NO. 168-13 DISPOSING OF CITY INTEREST IN A STORM SEWER EASEMENT BETWEEN LOTS 1 AND 2 IN TIMBER-HYRST ESTATES # 2 IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the th City of Dubuque, Iowa on the 24 day of May, 2013, the City Council of the City of th Dubuque, Iowa met on the 20 day of May, 2013, at 6:30 p.m. in the Historic Federal th Building, 350 West 6 Street, Dubuque, Iowa, to consider the disposal of City interest in a storm sewer easement over and across real estate described as: 10 Lots 1 and 2 in Timber-Hyrst Estates # 2 in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the proposal to dispose of City interest in said easement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the release of City of Dubuque interest in a storm sewer easement over and across real property described as Lots 1 and 2 in Timber-Hyrst Estates # 2 in the City of Dubuque, Iowa, to David and Beth Hartig be and the same is hereby ap- proved for the cost of publication and filing fees, with the owner agreeing to pay the cost to relocate the storm sewer as shown on an approved site plan. Section 2. That the Mayor be authorized and directed to execute a Release of Storm Sewer Easement, and the City Clerk be and is hereby authorized and directed to deliver said Release to David and Beth Hartig upon receipt of the publication and filing fees and relocation of the storm sewer. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Re- corder and Dubuque County Auditor. rd Passed, approved and adopted this 3 day of June, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Lake Ridge Economic Development District Amendment: Proof of publication on no- tice of public hearing to consider approval of the amended and restated Urban Renewal Plan for the Lake Ridge Economic Development District and the City Manager recom- mending approval. Motion by Lynch to receive and file the documents and adopt Reso- lution No. 169-13 Approving the Amended and Restated Urban Renewal Plan for the Lake Ridge Economic Development District. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 169-13 APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE LAKE RIDGE ECONOMIC DEVELOPMENT DISTRICT Whereas, on April 15, 2013 the City Council of the City of Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the "Plan") for the Lake Ridge Economic Development District (the "District"); and Whereas, the City of Dubuque's primary objective in amending this Plan is to provide opportunities for further development and investment in the District; 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 recom- mended 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 Lake Ridge Economic Development District, on file in the City Clerk's Office and made reference to 11 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. rd Passed, approved and adopted this 3 day of June, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Dubuque Brewing & Malting Urban Renewal District Amendment: Proof of publication on notice of public hearing to consider approval of the Amended and Restated Urban Renewal Plan for the Dubuque Brewing & Malting Urban Renewal District and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 170-13 Approving the Amended and Restated Urban Renew- al Plan for the Dubuque Brewing & Malting Urban Renewal District. Seconded by Res- nick. Motion carried 7-0. RESOLUTION NO. 170-13 APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE DUBUQUE BREWING & MALTING URBAN RENEWAL DISTRICT Whereas, on April 15, 2013 the City Council of the City of Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the "Plan") for the Dubuque Brewing & Malting 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 District; 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 recom- mended 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 Dubuque Brewing & Malting Urban Renewal District, on file in the City Clerk's Office and 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. rd Passed, approved and adopted this 3 day of June, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Dubuque Industrial Center Urban Economic Development District Amendment: Proof of publication on notice of public hearing to consider an amended and restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District and the City Manager recommending approval. Motion by Lynch to receive and file the doc- 12 uments and adopt Resolution No. 171-13 Approving the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Economic Development District. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 171-13 APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT Whereas, on April 15, 2013 the City Council of the City of Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the "Plan") for the Dubuque Industrial Center Economic Development District (the "District"); and Whereas, the City of Dubuque's primary objective in amending this Plan is to provide opportunities for further development and investment in the Industrial Center; 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 recom- mended 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 Dubuque In- dustrial Center Economic Development District, on file in the City Clerk's Office and 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. rd Passed, approved and adopted this 3 day of June, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Technology Park Economic Development District Amendment: Proof of publication on notice of public hearing to consider the amended and restated Urban Renewal Plan for the newly named Dubuque Technology Park Economic Development District and the City Manager recommending approval. Motion by Lynch to receive and file the docu- ments and adopt Resolution No. 172-13 Approving the Amended and Restated Urban Renewal Plan for the newly named Dubuque Technology Park Economic Development District. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 172-13 APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE NEWLY NAMED DUBUQUE TECHNOLOGY PARK ECONOMIC DEVELOPMENT DISTRICT Whereas, on April 15, 2013 the City Council of the City of Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the "Plan") for the Dubuque Industrial Center / South Economic Development District (the "District"); and Whereas, the City of Dubuque's primary objective in amending this Plan is to provide 13 opportunities for further development and investment in the District; and Whereas, the City of Dubuque also desires to change the name and all subsequent references to the Dubuque Industrial Center / South Economic Development District to the Dubuque Technology Park Economic Development District; 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 recom- mended 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 newly named Dubuque Technology Park Economic Development District, on file in the City Clerk's Office and 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. rd Passed, approved and adopted this 3 day of June, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Downtown Urban Renewal District Amendment: Proof of publication on notice of pub- lic hearing to consider approval of the amended and restate Urban Renewal Plan for the Greater Downtown Urban Renewal District and the City Manager recommending ap- proval. Motion by Connors to receive and file the documents and adopt Resolution No. 173-13 Approving the Amended and Restated Urban Renewal Plan for The Greater Downtown Urban Renewal District. Seconded by Jones. Economic Development Direc- tor Dave Heiar responded to questions from the City Council about the use of urban re- newal districts in economic development. Motion carried 7-0. RESOLUTION NO. 173-13 APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT Whereas, on April 15, 2013 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 pro- vide 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 enti- ties in accordance with Chapter 403 of the Code of Iowa with no written objections or recommended changes to the Plan received; and 14 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 no- tice 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 Office and 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. rd Passed, approved and adopted this 3day of June, 2013. Roy D. Buol, Mayor Kevin S. Firnstahl, City Clerk Attest: Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Greater Dubuque Development Corporation - Quarterly Update: President and CEO Rick Dickinson presented the quarterly update on the activities of the Greater Dubuque Development Corporation, which included information on business retention and expan- sion, marketing, the addition of a director of sustainable innovations, and plans to relo- cate the GDDC office to the Historic Millwork District. Motion by Resnick to receive and file the information. Seconded by Jones. Motion carried 7-0. Dubuque Intermodal Transportation Center: City Manager recommending approval of the number of parking spaces to be included in the Dubuque Intermodal Transportation Center Parking Ramp. Motion by Connors to receive and file the documents and ap- prove the recommendation. Seconded by Jones. Chandra Ravada, Director of Trans- portation for ECIA and Parking System Supervisor Tim Horsfield provided a presenta- tion on the intermodal campus and parking scenarios in the Historic Millwork District and responded to questions from the City Council regarding residential and commercial parking issues, modes of transit, and parking meters. Motion carried 6-1 with Braig vot- ing nay. Fifth and Bluff Streets Public Restroom Project Award: City Manager recommending award of the contract for the 5th and Bluff Streets Public Restroom Project to the low bidder Portzen Construction, Inc. Motion by Connors to receive and file the documents and adopt Resolution No. 174-13 Awarding public improvement contract for the 5th and Bluff Streets Public Restroom Project. Seconded by Braig. Motion carried 7-0. 15 RESOLUTION NO. 174-13 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE 5th AND BLUFF PUB- LIC RESTROOM PROJECT th Whereas, sealed proposals have been submitted by contractors for the 5 and Bluff Public Restroom Project (the Project) pursuant to Resolution No. 118-13 and Notice to th Bidders published in a newspaper published in the City of Dubuque, Iowa on the 19 day of April, 2013; and th Whereas, said sealed proposals were opened and read on the 9 day of May, 2013 and it has been determined that Portzen Construction, Inc. of Dubuque, Iowa with a bid proposal in the amount of $369,000.00, is the responsive, responsible bidder for the Project; and Whereas, it has been determined that it is in the best interest of the City of Dubuque to enter into an improvement contract with Portzen Construction, Inc. for said 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 Portzen Construction, Inc. and the City Manager is hereby directed to execute a Public Im- provement Contract on behalf of the City of Dubuque for the Project. rd Passed, approved and adopted this 3 Day of June, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Water & Resource Recovery Center Energy Management Consulting Services Rec- ommendation: City Manager recommending approval of the selection of 7th Power Sus- tainable, LLC to provide the energy management consulting services for the Water & Resource Recovery Center Modification Project. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Connors. Motion carried 7- 0. Hwy 151/61 South Grandview Avenue Overpass Water Main Relocation Project Award: City Manager recommending approval of the Hwy. 151/61 South Grandview Av- enue Overpass Water Main Relocation Project contract to the low bidder, Tschiggfrie Excavating Co. Motion by Connors to receive and file the documents and adopt Resolu- tion No. 175-13 Awarding Contract for the Hwy 151/61 South Grandview Avenue Over- pass Water Main Relocation Project (CIP 740-1405). Seconded by Jones. Water Plant Manager Bob Green responded to questions from the City Council regarding project cost contingencies. Motion carried 7-0. RESOLUTION NO. 175-13 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR HWY. 151/61 SOUTH GRANDVIEW AVENUE OVERPASS WATER MAIN RELOCATION PROJECT CIP 740-1405 Whereas, sealed proposals have been submitted by contractors for the Hwy. 151/61 South Grandview Avenue Overpass Water Main Relocation Project (the Project) pursu- ant to Resolution No. 119-13 and Notice to Bidders published in a newspaper published th in the City of Dubuque, Iowa on the 19 day of April, 2013. 16 th Whereas, said sealed proposals were opened and read on the 16 of May, 2013 and it has been determined that Tschiggfrie Excavating Co. of Dubuque, IA, with a bid amount of $372,678.35, is the lowest responsive, responsible bidder for the Project. Whereas, it has been determined that it is in the best interest of the City of Dubuque to enter into a Public Improvement Contract with for said 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 Tschiggfrie Excavating Co. of Dubuque, IA, and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. rd Passed, approved and adopted this 3 day of June, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk City of Dubuque TIGER V Grant Application: City Manager recommending approval of a Federal TIGER V Grant application for new bus storage and maintenance facility and rail platform and the funds for the City’s local match. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Braig. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Jones relayed a compliment from a co-worker about Farmer’s Mar- ket. Council Member Resnick reported on observing a local fourth-grade class using the th 4 St. Elevator for the first time and invited all citizens to explore what downtown has to offer. Mayor Buol welcomed Ben Jacobson, the new City Government Reporter for the Tel- egraph Herald Newspaper. There being no further business, upon motion the City Council adjourned at 8:50 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 17