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6 16 14 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:00 p.m. on June 16, 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 closed session pursuant to Chapter 21.5(1)(i) Code of Iowa. Motion by Jones to convene in closed session at 5:02 p.m. to discuss Professional Evaluations - Chapter 21.5(1)(i) Code of Iowa. Seconded by Connors. Motion carried 7- 0. Upon motion at 6:18 p.m., the City Council reconvened in open session stating that evaluations have been completed. There being no further business, upon motion the City Council adjourned at 6:20 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 June 16, 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 arriving at 6:37 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 CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Jones. Motion carried 7-0 1. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 4/22, Cable TV Commission of 5/7, City Council proceedings of 6/2, Civil Service Com- mission of 5/29, Enterprise Zone Commission of 5/13, Library Board of Trustees Update of 5/22, Park and Recreation Advisory Commission of 5/13, Sister City Relationships Advisory Commission of 5/28, Zoning Board of Adjustment of 5/22, Proof of Publication for City Council proceedings of 5/19, Proof of Publication for List of Claims and Sum- mary of Revenues for Month Ended 4/30. Upon motion the documents were received, filed and approved. 2. Notice of Claims and Suits: Ann Vrotsos for vehicle damage. 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: Ann Vrotsos for vehicle damage. Upon motion the documents were re- ceived, filed and concurred. 4. Iowa Flood Mitigation Board - Arnold Honkamp Recognition: Iowa Flood Mitigation Board submitting a resolution recognizing the significant contributions and passing of Arnold N. Honkamp. Upon motion the document was received and filed. 5. National Park Service Annual Products Report and Baseline Questionnaire: City Manager transmitting the Federal Fiscal Year 2013 National Park Service Annual Prod- ucts Report and Baseline Questionnaire required by all certified local governments for submission to the National Park Service. Upon motion the document was received and filed. 2 6. Lead Paint Hazard Control Program Grant Application: City Manager recommend- ing approval of the submission of an application to the US Department of Housing and Urban Development for continuation of the Lead Paint Hazard Control Program throughout the City of Dubuque that includes supplemental funding for Healthy Homes interventions. Upon motion the documents were received, filed and approved. 7. Request for Proposals - National Register of Historic Places Registration Projects: Historic Preservation Commission requesting authorization to solicit requests for pro- posals from qualified consultants to prepare the Iowa Street, Madison Park, Fenelon Place, and Old Main National Register of Historic Places (NRNP) district nominations. Upon motion the documents were received, filed and approved. 8. Request for Proposals - Phase VI Architectural Survey: Historic Preservation Commission requesting review and authorizing to solicit proposals from qualified con- sultants to conduct the Phase VI Historic/Architectural Survey and Evaluation. Upon motion the documents were received, filed and approved. 9. Request for Proposals - Multicultural Family Center Phase II: City Manager rec- ommending approval to release a Request for Proposal for architectural design and construction administration services for the Multicultural Family Center Phase II Reno- vation Project and authorize the City Manager to negotiate an agreement with the rec- ommended consultant for presentation to the City Council. Upon motion the documents were received, filed and approved. 10. 2014 Pavement Marking Project Award: City Manager recommending that the award for the 2014 Pavement Marking Project to Selco, Inc., be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed; and made a matter of record. 11. Purina Drive Dock Repair Project Acceptance: City Manager recommending ac- ceptance of the construction contract for the Purina Drive Barge Docking Facility Repair Project, as completed by Dubuque Barge and Fleeting d/b/a Newt Marine Service. Upon motion the document was received and filed and Resolution No. 169-14 Accepting the Purina Drive Barge Docking Facility Repair Project and authorizing the payment of the final contract amount to the contractor was adopted. RESOLUTION NO. 169- 14 ACCEPTING THE PURINA DRIVE BARGE DOCKING FACILITY REPAIR PROJECT AND AUTHORIZING THE PAYMENT OF THE FINAL CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Purina Drive Barge Docking Facili- ty Repair 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. 3 Section 2. The Finance Director is hereby directed to pay the Contractor from the Public Works Department's FY2014 Capital Improvement Project budget code 680- 2479 appropriation the contract amount of $608,209.15 less any retained percentage provided therein as provided in Iowa Code, Chapter 573, and pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. Passed, approved and adopted this 16th day of June, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 12. Heeb Street Retaining Wall Project Acceptance: City Manager recommending acceptance of the construction contract for the 18th & Heeb Street Retaining Wall Slope Stabilization Project, as completed by Drew Cook & Sons Excavating, Inc. Upon motion the document was received and filed and Resolution No. 170-14 Accepting the 18th & Heeb Street retaining wall slope stabilization project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 170-14 ACCEPTING THE 18TH & HEEB STREET RETAINING WALL SLOPE STABILIZA- TION PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the 18th & Heeb Street Retaining Wall Slope Stabilization Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the 18th & Heeb Street Retaining Wall Slope Stabilization appropriations for the contract amount of $91,230.28 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provi- sions of Iowa Code chapter 573. Passed, approved and adopted this 16th day of June, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE 18TH & HEEB STREET RETAINING WALL SLOPE STABILIZATION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 18th & Heeb Street Retaining Wall Slope Stabilization Project, that the Project has been performed in compliance with the terms of the Public Improve- ment Contract, and that the total cost of the completed work is $123,262.69. Dated this 9th day of June, 2014. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 9th day of June, 2014. /s/Kevin S. Firnstahl, City Clerk 4 13. Usha Park - Parking Lot Project Acceptance: City Manager recommending ac- ceptance of the construction contract for the Usha Park Parking Lot Project, as com- pleted by Drew Cook and Sons Excavating. Upon motion the document was received and filed and Resolution No. 171-14 Accepting the Usha Park Parking Lot Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 171-14 ACCEPTING THE USHA PARK PARKING LOT PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Usha Parking Lot Project (the Pro- ject) has been completed and the City Engineer has examined the work and filed a cer- tificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be ac- cepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Usha Park Development appropriations for the contract amount of $104,639.01 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. Passed, approved and adopted this 16th day of June, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE 7th STREET RETAINING WALL RECONSTRUCTION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Usha Park Parking Lot Project, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $118,598.19. Dated this 9th day of June, 2014. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 9th day of June, 2014. /s/Kevin S. Firnstahl, City Clerk 14. 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 a new Sony Anycast Touch portable production studio for the City of Dubuque. Upon motion the documents were received, filed and approved. 15. Health and Prescription Drug Plans - Specific and Aggregate Stop Loss Insur- ance Renewal: City Manager recommending approval of the Health and Prescription Drug Plans Specific and Aggregate Stop Loss Insurance Renewal with AIG for the plan year beginning July 1, 2014 and ending June 30, 2015. Upon motion the documents were received, filed and approved. 5 16. Collective Bargaining Agreement - Dubuque Police Protective Association: City Manager transmitting the Arbitrator's Opinion and Award which provides for a 1.5 per- cent across-the-board base wage increase effective July 1, 2014 through June 30, 2015 for the Dubuque Police Protective Association. Upon motion the document was received and filed. 17. Property Acquisition - 411 East 15th Street - Bee Branch Creek Restoration Pro- ject: City Manager recommending approval of the purchase of 411 E. 15th Street and the Harris BS -372 Scrap Shear from Alvin Blum as part of the acquisition program as- sociated with the Bee Branch Creek Restoration Project. Upon motion the document was received and filed and Resolution No. 172-14 Approving the acquisition of real es- tate owned by Blum Properties, Inc. in the City of Dubuque was adopted. RESOLUTION NO. 172-14 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY BLUM PROPER- TIES, INC. IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain real estate to for the storm - water mitigation activities collectively known as the Bee Branch Watershed Flood Miti- gation Project as recommended in the 2001 "Drainage Basin Master Plan" as amended in 2013; and Whereas, a purchase agreement has been finalized with the owner of the property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: Lots 182, 182A, 183, 184, 185, 186, West 65' of Lots 217, 218, 219, 220, & 221, and East 35' of Lots 217, 218, 219, 220, & 221 all in East Dubuque Addition, in the City of Dubuque, Dubuque County, Iowa At the cost of Five Hundred Thousand and 00/100 Dollars ($500,000.00). Section 2. That the City of Dubuque hereby approves the acquisition of the Harris BS -372 Scrap Shear owned and operated by Blum Properties, Inc. at the cost of Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00). Section 3. That the City of Dubuque be and is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 4. That the City Clerk be and is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 5. That the City Clerk be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 16th day of June, 2014. Attest: Kevin S. Firnsthal, City Clerk 6 Roy D. Buol, Mayor 18. Contracted Service Agreement - Hills and Dales Senior Center Lifetime Program: City Manager recommending approval of the Contracted Service Agreement with Hills and Dales for the Senior Center Lifetime Program to provide educational, recreational and social programs to senior citizens at 3505 Stoneman Road. Upon motion the doc- uments were received, filed and approved. 19. Purchase of Services Agreement - Opening Doors: City Manager recommending approval of the Purchase of Service Agreement with Opening Doors for emergency and transitional housing. Upon motion the documents were received, filed and approved. 20. Contracted Services Grant Agreement - Washington Tool Library: City Manager recommending approval of the Contracted Service Agreement with the Washington Neighborhood Tool Library at 345 East 18th Street that provides a free tool lending li- brary to low- and moderate -income persons. Upon motion the documents were re- ceived, filed and approved. 21. Purchase of Services Grant Agreement - Project Concern Information and Refer- ral: City Manager recommending approval of the Purchase of Service Agreement with Project Concern, Inc. to help provide financial counseling and medical services infor- mation and referral services to low- and moderate -income residents of the City of Dubuque. Upon motion the documents were received, filed and approved. 22. Purchase of Services Grant Agreement - Retired and Senior Volunteer Program: City Manager recommending approval of the Purchase of Services Grant Agreement with the Retired and Senior Volunteer Program to fund two program interns and a per- centage of the RSVP Director's time, including additional staff support costs, to expand volunteer recruitment and assist in the areas of disaster preparedness and service to veterans and military families. Upon motion the documents were received, filed and ap- proved. 23. Business License Refund: Request by Four Mounds Foundation for a refund on liquor license LC0040843 for Four Mounds Foundation located at 4900 Peru Rd. Upon motion the documents were received, filed and approved. 24. Alcohol Compliance Agreement - Phillips 66/Arby's: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance vio- lation for Phillips 66/Arby's, 10 South Main Street. Upon motion the documents were re- ceived, filed and approved. 25. Tobacco Compliance Agreement - Phillips 66/Arby's: City Manager recommend- ing approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Phillips 66/Arby's, 10 South Main Street. Upon motion the documents were received, filed and approved. 26. Alcohol and Tobacco License Applications: City Manager recommending approv- al of annual liquor, beer, wine and tobacco licenses applications as submitted. Upon motion the document was received and filed and Resolution No. 173-14 Approving ap- plications 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 7 B Liquor, Beer and Wine Licenses and Permits and Resolution No. 173B-14 Approving applications for retail cigarette/tobacco sales permits, as required by Iowa Code 453A.47A were adopted. RESOLUTION NO. 173-14 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: Renewals Adobo's Mexican Grill 756 Main St. Class C Liquor (Outdoor) American Legion Post #6 1306 Delhi St. Class C Liquor (Catering) (Sunday) Applebee's Grill and Bar 1395 Associates Dr. Class C Liquor (Sunday) Diamond Jo Casino 301 Bell St. Class C Liquor, Class B Wine (Out- door) (Sunday) Fischer Lanes 880 Locust St. Class C Liquor (Sunday) Five Flags Center 405 Main St. Class C Liquor (Catering) (Sunday) Hartig Drug Company #2 157 Locust St. Class E Liquor, Class B Wine, Class C Beer (Sunday) Los Aztecas III Mexican Rest. 2345 NW Arterial Class C Liquor (Outdoor) (Sunday) Ooh La La 3460 Hillcrest Rd. Class B Wine Permit (WB) Paul's Tavern 176 Locust Class C Liquor (Sunday) Rotary Club of Dubuque 135 W. 8th St. Special Class C Liquor (Sunday) Special Events American Legion Post #6 July 6th and Sept. 13th 1306 Delhi St. Adding Outdoor Service Passed, approved and adopted this 16"' day of June, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 173-14B APPROVING APPLICATIONS FOR RETAIL CIGARETTE/TOBACCO SALES PER- MITS, AS REQUIRED BY IOWA CODE 453A.47A. Whereas, applications for Cigarette/Tobacco Sales have been submitted and filed with the City Council for approval and the same have been examined and approved; and 8 Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the following named applicants and locations for cigarette/tobacco sales permit. 5 Star Tattoos LLC 901 Rhomberg Ave. Beecher Co. Inc. 1691 Asbury Rd. Big 10 Mart #10 1875 JFK Rd. Big 10 Mart #13 2100 JFK Rd. Casey's General Store #2420 2699 Rockdale Rd. Casey's General Store #2421 4003 Peru Rd. Dave's Downtown Conoco, Inc. 500 Locust St. Diamond Jo Casino 301 Bell St. Dubuque Mining Co. 555 JFK Rd. Eagle Country market 1800 Elm St. Eronel 285 Main St. Family Dollar Store of Iowa #1599 2013 Central Ave. #4 Family Mart Inc. 3201 Central Ave. Fareway Stores #114 2050 JFK Blvd. Hammerheads Bar and Billiards 2095 Kerper Blvd. Suite #2 Hy -Vee C Store #1 3270 Dodge St. Hy -Vee Food Gas #3 300 S. Locust St. Hy -Vee Food Store #3 400 S. Locust St. Hy -Vee Food Store #1 3500 Dodge St. Hy -Vee Food Store #2 2395 NW Arterial Hy -Vee Gas #2 2435 NW Arterial Hy -Vee Wine & Spirits #1 3500 Dodge St. Iowa Street Market 1256 Iowa St. Kmart #4018 2600 Dodge St. Kwik Star #236 2035 JFK Rd. Kwik Star #495 2685 Dodge St. Kwik Stop 2150 Twin Valley Dr. Kwik Stop 2335 University Ave. Kwik Stop 4039 Pennsylvania Ave. Kwik Stop 2320 HWY 61 Kwik Stop 2390 Central Ave. Kwik Stop 2255 Kerper Blvd. Kwik Stop 1200 Cedar Cross Rd. Kwik Stop #300/BP 16th Street 1215 East 16th Street Kwik Stop 16th Street 1210 E. 16th St. Lesmaka Deal 2160 Central Ave. McCann's Service Inc. 690 West Locust St. Monks Kaffee Pub 373 Bluff St. Mystique Casino 1855 Greyhound Park Dr. 9 Oky Doky #1 251 West 1st St. Oky Doky #8 535 Hill St. Paro Food Mart 3200 Central Ave. Phillips 66/Arby's 10 South Main St. Pioneer's Rest Stop 4900 Old Hwy Rd. Plaza 20 BP/Amoco 2600 Dodge St. Port of Dubuque Marina 450 East Third St. Puff N Snuff 1101 Rhomberg Ave. Road Ranger #159 2175 Central Ave. Ron's Discount Smokes and Beverage Center 3300 Asbury Rd. Ron's 5 Point Mart 405 Rhomberg Ave. Ron's Discount Smokes and Beverage Center 1450 Loras Blvd. Sid's Beverage Store Inc. 2727 Dodge St. The Riviera Lounge LTD. 678 Central Ave. Tobacco Outlet Plus #504 806 Wacker Dr. Suite 140 Walgreens #11942 345 East 20th St. Walgreens #6154 2260 JFK Rd. Walgreens #9708 55 JFK Rd. Wal-Mart Supercenter # 2004 4200 Dodge St Walnut Tap 709 University Ave Wayne's Convenience Store 1965 Central Ave. Passed, approved and adopted this 16th day of June, 2014. Attest: Kevin S. Firnstahl, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Roy D. Buol, Mayor Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Jones. Motion carried 7-0. 1. Dubuque Regional Airport Property Easement Acquisition for Extension of Public Utilities: City Manager recommending that a public hearing be set for July 21, 2014, on the City's intent to acquire, or condemn if necessary, property for the extension of public utilities to the Airport. Upon motion the documents were received and filed and Resolu- tion No. 174-14 Setting a public hearing on the intent to acquire or condemn if neces- sary property for the extension of public utilities to the Dubuque Regional Airport was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 21, 2014 in the Historic Federal Building RESOLUTION NO. 174-14 SETTING A PUBLIC HEARING ON THE INTENT TO ACQUIRE OR CONDEMN IF NECESSARY PROPERTY FOR THE EXTENSION OF PUBLIC UTILITIES TO THE DUBUQUE REGIONAL AIRPORT Whereas, Iowa Code § 6B.2A requires an acquiring agency to provide written notice of a public hearing to each owner of record of agricultural land that may be the subject of condemnation; and 10 Whereas, the City Council finds that it may be necessary to acquire or condemn in whole or in part the following-described property for the extension of public utilities to the Dubuque Regional Airport: Parcel 101. A PERMANENT UTILITY EASEMENT FOR WATER MAIN, SANI- TARY SEWER AND FIBER OPTIC CABLE UTILITIES LOCATED IN THE NORTHWEST QUARTER (NW 1/4) OF SECTION 13, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL MERIDIAN, DUBUQUE COUNTY, IOWA, according to the United States Government Survey and the recorded plats thereof, subject to highway and easements of record; Parcel 102. A PERMANENT UTILITY EASEMENT FOR WATER MAIN, SANI- TARY SEWER AND FIBER OPTIC CABLE UTILITIES LOCATED IN LOT 1 AND LOT 3 OF THE SOUTHWEST QUARTER (SW 1/4) OF THE NORTHWEST QUARTER (NW 1/4) AND LOT 1 OF THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION 13, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL MERIDIAN, DUBUQUE COUNTY, IOWA, according to the United States Government Survey and the recorded plats thereof, subject to highway and easements of record; Parcel 103. A PERMANENT UTILITY EASEMENT FOR WATER MAIN, SANI- TARY SEWER AND FIBER OPTIC CABLE UTILITIES LOCATED IN LOT 2 OF LOT 2 OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 14, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5 " PRINCIPAL MERIDIAN, DUBUQUE COUNTY, IOWA, according to the United States Government Survey and the recorded plats thereof; subject to highway and easements of record; Parcel 104. A PERMANENT UTILITY EASEMENT, TWENTY (20) FEET IN WIDTH, FOR SANITARY SEWER LOCATED IN LOT 4 OF FURUSETH'S SUB- DIVISION, IN LOT 33 OF FURUSETH'S SIXTH ADDITION AND IN LOT 2 OF FURUSETH'S EIGHTH ADDITION OF SECTION 23, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL MERIDIAN, DUBUQUE COUNTY, IOWA, according to the United States Government Survey and the recorded plats thereof; subject to highway and easements of record; Parcel 105. A PERMANENT INGRESS-EGRESS EASEMENT, 30.00 FOOT IN WIDTH, LOCATED IN THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION 23, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL MERIDIAN, DUBUQUE COUNTY, IOWA, according to the United States Government Survey and the recorded plats thereof; subject to highway and easements of record; and Whereas, the owner of Parcel 101 is O'Rourke Farms, LLC; and Whereas, the owner of Parcel 102 is O'Rourke Farms, LLC; and Whereas, the owner(s) of Parcel 103 is William D. Tracy, Craig Tracy and Kay J. Tracy; and Whereas, the owner of Parcel 104 is Patricia F. Furuseth; and Whereas, the owner of Parcel 105 is O'Rourke Farms, LLC; and Whereas, a public hearing should be set on the City's intent to commence a public improvement project for the extension of public utilities to provide services to the Dubu- que Regional Airport and to acquire or condemn, if necessary, Parcels 101, 102, 103, 104, 105; and Whereas, notice of the public hearing should be published and mailed as required by law to the owners of Parcels 101, 102, 103, 104, and 105. 11 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: The City Clerk is hereby authorized and directed to cause a notice in the form [pro- vided] to be mailed to each of the owners and published as prescribed by Iowa Code § 6B.2A of a public hearing on the City's intent to commence a public improvement project for the extension of public utilities to the Dubuque Regional Airport and to acquire or condemn in whole or in part, if necessary, Parcels 101, 102, 103, 104, and 105, to be held on the 21st day of July, 2014, at 6:30 o'clock p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, approved and adopted this 16th day of June, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Southwest Arterial Right -of -Way Property Acquisition: City Manager recommend- ing that a public hearing be set for July 21, 2014 regarding the City's intent to acquire, or condemn if necessary, property for the Southwest Arterial Project. Upon motion the documents were received and filed and Resolution No. 175-14 Setting a public hearing on the intent to acquire or condemn if necessary property for the Southwest Arterial Pro- ject was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 21, 2014 in the Historic Federal Building RESOLUTION NO. 175-14 SETTING A PUBLIC HEARING ON THE INTENT TO ACQUIRE OR CONDEMN IF NECESSARY PROPERTY FOR THE SOUTHWEST ARTERIAL PROJECT Whereas, Iowa Code § 6B.2A requires an acquiring agency to provide written notice of a public hearing to each owner of record of agricultural land that may be the subject of condemnation; and Whereas, the City Council finds that it may be necessary to acquire or condemn in whole or in part the following -described property for the Southwest Arterial Project: Parcel 195A-1. A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4, PART OF LOT 3 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4, PART OF LOT 1 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4, AND PART OF LOT 1 OF THE EAST 1/2 OF THE SOUTHWEST 1/4, ALL IN SECTION 13, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, according to the United States Government Survey and the recorded plats thereof, subject to highway and easements of record; Parcel 195A-2. A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4, PART OF LOT 3 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4, AND PART OF THE SOUTH- EAST 1/4 OF THE NORTHWEST 1/4, ALL IN SECTION 13, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, according to the United States Government Survey and the recorded plats thereof, subject to highway and easements of record; Parcel 195B. A PARCEL OF LAND SITUATED IN PART OF LOT 3 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4, PART OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 AND PART OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4, ALL IN SECTION 13, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, according 12 to the United States Government Survey and the recorded plats thereof; subject to highway and easements of record; Whereas, the owner of the Parcel 195A is O'Rourke Farms, LLC; and Whereas, the owner of the Parcel 195B is O'Rourke Farms, LLC; and Whereas, a public hearing should be set on the City's intent to commence a public improvement project for the Southwest Arterial Project and to acquire or condemn, if necessary, Parcels 195A and 195B; and Whereas, notice of the public hearing should be published and mailed as required by law to the owners of Parcels 195A and 195B. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: The City Clerk is hereby authorized and directed to cause a notice in the form [Pro- vided] to be mailed to each of the owners and published as prescribed by Iowa Code § 6B.2A of a public hearing on the City's intent to commence a public improvement project for the Southwest Arterial Project and to acquire or condemn in whole or in part, if nec- essary, Parcels 195A and 195B, to be held on the 21st day of July, 2014, at 6:30 o'clock p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, approved and adopted this 16th day of June, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. 1. Cable TV Commission: Two, 3 -year terms through July 1, 2017 (Expiring terms of Maloney and Tigges) Applicants: Pauline Maloney, 506 St. George St. Ronald Tigges, 4927 Wild Flower Dr. 2. Catfish Creek Watershed Management Authority: One, 2 -year term through July 16, 2017 (Expiring term of Hoyer) Applicant: Will Hoyer, 1311 Tomahawk Dr. 3. Historic Preservation Commission: Three, 3 -year terms through July 1, 2017 (Ex- piring terms of Klavitter, Monk and Schlarman) Applicants: David Klavitter, 1090 West 3rd St. (Qualifies for the Langworthy District) Christina Monk, 2005 N. Main St. (Qualifies as an Architect At -Large) Julie Schlarman, 1331 Jackson St. (Currently serves as Ca- thedral District — Interim) Mr. Klavitter spoke in support of his appointment. 4. Housing Commission: One, 3 -year term through August 17, 2015 (Vacant term of McAllister) Applicant: Lisa Eubanks, 2641 Owen Ct. Apt 32 (Qualifies as a Section 8 re- cipient) 5. Human Rights Commission: One, 3 -year term through January 1, 2016 (Vacant term of Helgager) and One, 3 -year term through January 1, 2017 (Vacant term of Beacham) Applicants: Frederick Davis Jr., 1584 White St. Rachael Ferraro, 2538 Jack- son St. Ashley Melchert, 1257 YZ Jackson St. Mr. Davis spoke in support of his ap- pointment. 6. Investment Oversight Advisory Commission: One, 3 -year term through July1, 2017 (Expiring term of Lassance) Applicant: Paul Lassance, 4846 Embassy Ct. 7. Library Board of Trustees - Mayor Appointment: Two, 4 -year term through July 1, 2018 (Expiring terms of Guns and Miller) Applicants: Patricia Poggemiller, 3423 Arrow - 13 wood Ln. Jon Trotter, 2576 Hilton Spring Dr. Ms. Poggemiller and Mr. Trotter both spoke insupport of their respective appointments. 8. Long Range Planning Advisory Commission: Two, 3 -year terms through July 1, 2017 (Expiring terms of Beytien and Vincent) Applicants: Craig Beytien, 1091 Valentine Dr. Alan Vincent, 1010 Dunham Dr. Mr. Beytiem spoke in support of his appointment. 9. Park and Recreation Advisory Commission: Three, 3 -year terms through June 30, 2017 (Expiring terms of Kennicker, Klinge and Nadeau) Applicants: Paul Hoffmann, 174 Bradley Robin Kennicker, 904 Lincoln Kenneth Klinge, 2267 Carter Rd. Ms. Kennicker spoke in support of her appointment. Mr. Klinge spoke in support of his appointment. 10. Transit Advisory Board: Three, 3 -year terms through July 30, 2017 (Expiring terms of Enderson. Lightcap and Stewart) Applicants: George Enderson, 511 St. George St. Joel Lightcap, 1985 Alta Vista St. Don Stedman, 2092 Grant St. R.R.S. Stewart, 460 Summit St. 11 Zoning Advisory Commission: Two, 3 -year terms through July 1, 2017 (Expiring terms of Christ and Henschel) and One, 3 -year term through July 1, 2016 (Replacing At - Will member Belmont) Applicants: Steve Baumhover, 2084 Rosemont Martha Christ, 88 Princeton PI. Thomas Henschel, 1857 Creek Wood Dr. Mr. Baumhover and Ms. Christ both spoke in support of their respective appointments. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council on the following items: 1. Request to Rezone - 1100 Carmel Drive: Proof of publication on notice of public hearing to consider a request by Sisters of Charity BVM / The Lakota Group to rezone property at 1100 Carmel Drive from R-1, Single -Family Residential, to PUD, Planned Unit Development and the Zoning Advisory Commission recommending denial. Sisters of Charity BVM Teri Hadro requested City Council table this proposal and refer it back to the Zoning Advisory Commission. Planning Services Manager Laura Carstens pro- vided a staff report. Restated motion by Connors to table and refer back to the Zoning Advisory Commission. Seconded by Jones. Motion carried 7-0. 2. JFK Road and Wacker Drive Traffic Signal Replacement Project: Proof of publica- tion on notice of public hearing to consider the approval of plans, specifications, form of contract, and estimated cost of the John. F. Kennedy Road and Wacker Drive Traffic Signal Replacement Project and the City Manager recommending approval. Motion by Braig to receive and file the documents and adopt Resolution No. 176-14 Approval of plans, specifications, form of contract and estimated cost for the John F. Kennedy Road and Wacker Drive Traffic Signal Replacement Project. Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 176-14 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT- ED COST FOR THE JOHN F. KENNEDY ROAD AND WACKER DRIVE TRAFFIC SIGNAL REPLACEMENT PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 14 That the proposed plans, specifications, form of contract and estimated cost for the John F. Kennedy Road and Wacker Drive Traffic Signal Replacement Project, in the es- timated amount $245,116.39, are hereby approved. Passed, adopted and approved this 16th day of June, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Sales Tax Increment Revenue Bonds (Stormwater Utility Revenue Supported): Proof of publication on notice of public hearing to consider additional action for the issu- ance of not to exceed $30,000,000 Sales Tax Increment Revenue Bonds (Stormwater Utility Revenue Supported) and the City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 177-14 Instituting proceedings to take additional action for the issuance of not to exceed $30,000,000 Sales Tax Increment Revenue Bonds (Stormwater Utility Revenue Supported). Se- conded by Jones. Motion carried 7-0. RESOLUTION NO. 177-14 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSU- ANCE OF NOT TO EXCEED $30,000,000 SALES TAX INCREMENT REVENUE BONDS (STORMWATER UTILITY REVENUE SUPPORTED) Whereas, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $30,000,000 Sales Tax Increment Revenue Bonds (Stormwater Utility Revenue Supported) to the Iowa Finance Authority under the State Revolving Fund Loan Program, for the purpose of pay costs of land acquisition, engineering and con- struction of Phases 4 and 7 of the Bee Branch Watershed Flood Mitigation Project, con- sisting of the Lower Bee Branch Creek Restoration and the Upper Bee Branch Creek Restoration, and the refunding and refinancing of the outstanding General Obligation Capital Loan Notes Anticipation Project Note, Series 2006, dated December 28, 2006, issued in respect of such costs, and has considered the extent of objections received from residents or property owners as to said proposed issuance; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and takes additional action for the sale and issuance in the manner required by law of not to exceed $30,000,000 Sales Tax Increment Revenue Bonds for the foregoing purposes. Section 2. The City Manager, Budget Director and Finance Director are authorized and directed to proceed on behalf of the City with the negotiation of the terms of said Bonds, to select a date for the Council's approval thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said Bonds on a basis favorable to the City and acceptable to the Council. Passed and approved this 16th day of June, 2014. Attest: Kevin S. Firnstahl, City Clerk 15 Roy D. Buol, Mayor 4. Greater Downtown Urban Renewal District Amendment: Proof of publication on notice of public hearing to consider approval of an Amended and Restated Urban Re- newal Plan for the Greater Downtown Urban Renewal District and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 178-14 Approving the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District. Seconded by Jones. Motion carried 7-0 RESOLUTION NO. 178-14 APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT Whereas, by Resolution 153-14 on May 19, 2014 the City Council of the City of Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renew- al Plan (the "Plan") for the Greater Downtown Urban Renewal District (the "District"); and Whereas, the City of Dubuque's primary objective in amending the Plan is to provide opportunities which will further economic development purposes and objectives as de- scribed in the Plan; and Whereas, the Long Range Planning Commission has reviewed the proposed Plan and has found that said document is consistent with the Comprehensive Plan for the development of the City of Dubuque as a whole and has transmitted its findings to the City Council; and Whereas, a consultation process has been undertaken with affected taxing entities in accordance with Chapter 403 of the Code of Iowa with no written objections or 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 Greater Downtown Urban Renewal District, on file in the City Clerk's Office and made reference to herein, is hereby 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. Passed, approved and adopted this 16th day of June, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. Technology Park Urban Economic Development District Amendment: Proof of pub- lication on notice of public hearing to consider approval of an Amended and Restated Urban Renewal Plan for the Dubuque Technology Park Economic Development District and the City Manager recommending approval. Motion by Braig to receive and file the documents and adopt Resolution No. 179-14 Approving the amended and restated Ur- ban Renewal Plan for the Dubuque Technology Park Economic Development District. Seconded by Lynch. Motion carried 7-0. 16 RESOLUTION NO. 179-14 APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE DUBUQUE TECHNOLOGY PARK ECONOMIC DEVELOPMENT DISTRICT Whereas, by Resolution 154-14 on May 19, 2014 the City Council of the City of Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renew- al Plan (the "Plan") for the Dubuque Technology Park Economic Development District (the "District"); and Whereas, the City of Dubuque's primary objective in amending this Plan is to provide opportunities which will further economic development purposes and objectives as de- scribed in the Urban Renewal Plan; and Whereas, the City Council has found that certain areas adjacent to the District meet the definition of an economic development area as found in Chapter 403 of the Iowa Code and should be included therein; and Whereas, the areas adjacent to the District include properties located within two miles of, but outside the corporate limits of, the City, for the purpose of undertaking an urban renewal project; and Whereas, Iowa Code Section 403.17(4) requires the consent of Dubuque County be- fore the City can proceed with the expansion of said District; and Whereas, the Board of Supervisors of Dubuque County, Iowa has reviewed the pro- posed amendment to the District and has determined to consent to the expansion of the District as so proposed in a Joint Agreement between the parties; 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 Technology Park Economic Development District, on file in the City Clerk's Office and made reference to herein, is hereby approved. Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and directed to file a certified copy of this Resolution in the office of the Dubuque County Recorder. Passed, approved and adopted this 16th day of June, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS 1. Arts and Culture Program - FY14 Operating Support Requests: Arts and Cultural Affairs Advisory Commission requesting approval of the Fiscal Year 2015 Arts and Cul- ture Funding Program for Operating Support recommendations and associated funding agreements. Motion by Connors to receive and file the documents and approve. Se- conded by Jones. Motion carried 7-0. 2. Southwest Arterial Corridor and East/West Corridor Moratorium Amendments: City Manager recommending approval of a 12 month extension on the moratoriums for con- struction, rezoning, subdivision review, and site plan approval in the Southwest Arterial 17 Corridor and the East-West Corridor Study Areas. 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. 38-14 Amend- ing City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 2 Building Construction, Demolition and Moving, Section 14-2-4 Moratorium for Construc- tion or Other Work on Certain Streets, Areas or Facilities By Extending The Moratorium; Ordinance No. 39-14 Amending City of Dubuque Code of Ordinances Title 16 Unified Development Code, Chapter 9 Zoning Advisory Commission Applications and Proce- dures, Section 16-9-5-3 City Council Action by Extending the Moratorium; Ordinance No. 40-14 Amending City of Dubuque Code of Ordinances Title 16 Unified Development Code, Chapter 11 Land Subdivision, Section 16-11-2 Applicability by Extending the Moratorium, and Ordinance No. 41-14 Amending the City of Dubuque Code of Ordi- nances Title 16 Unified Development Code, Chapter 13 Site Design Standards, Section 16-13-2 Applicability by Extending the Moratorium. Seconded by Lynch. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 38-14 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 2 BUILDING CONSTRUCTION, DEMOLITION AND MOVING, SECTION 14-2-4 MORATORIUM FOR CONSTRUCTION OR OTHER WORK ON CERTAIN STREETS, AREAS OR FACILITIES BY EXTENDING THE MORATORIU M NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances Section 14-2-4 is amended to read as follows: Section 14-2-4: Moratorium For Construction Or Other Work On Certain Streets, Are- as Or Facilities: A. Southwest Arterial Corridor: The city manager may not issue any permit for any new construction or substantial enlargement, alteration, repair or remodeling of any structure, building, or sign in the southwest arterial corridor but not to include demolition, as delineated on drawings on file in the city clerk's office, from the effective date hereof to July 1, 2015, except where a vested right to the issuance of such permit accrued prior to the effective date hereof. B. East-West Corridor Study Area: The city manager may not issue any permit for any new construction or substantial enlargement, alteration, repair or remodeling of any structure, building, or sign in the east -west corridor study area as shown on the map on file in the office of the city clerk, but not to include demolition or emergency repairs, without the approval of the city council, from the effective date hereof to August 20, 2015, except where a vested right to the issuance of such permit accrued prior to the effective date hereof. C. Highway 20 Corridor Study Area: The city manager may not issue any permit for any new construction or substantial enlargement, alteration, repair or remodeling of any structure, building, or sign in the Highway 20 corridor study area as shown on the map on file in the office of the city clerk, but not to include demolition or emergency repairs, without the approval of the city council, from the effective date hereof to August 20, 18 2015, except where a vested right to the issuance of such permit accrued prior to the effective date hereof. Section 2. This Ordinance takes effect upon publication. Passed, approved, and adopted the 16th day of June, 2014. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 20th day of June, 2014. /s/Kevin S. Firnstahl, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 39-14 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DE- VELOPMENT CODE, CHAPTER 9 ZONING ADVISORY COMMISSION APPLICA- TIONS AND PROCEDURES, SECTION 16-9-5-3 CITY COUNCIL ACTION BY EX- TENDING THE MORATORIUM NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances Section 16-9-5-3 is amended to read as follows: Section 16-9-5-3: City Council Action: D. Moratorium For Rezonings In The Southwest Arterial Corridor: The city council may not give final approval to any zoning reclassification (rezoning) request for property in the southwest arterial corridor that lies within the corporate limits of the city of Dubu- que, as delineated on drawings on file in the city clerk's office, from the effective date hereof to July 1, 2015, except where a vested right to the issuance of such approval ac- crued prior to the effective date hereof. Section 2. This Ordinance takes effect upon publication. Passed, approved, and adopted the 16th day of June, 2014. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 20th day of June, 2014. /s/Kevin S. Firnstahl, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 40-14 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DE- VELOPMENT CODE, CHAPTER 11 LAND SUBDIVISION, SECTION 16-11-2 AP- PLICABILITY BY EXTENDING THE MORATORIUM NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances Section 16-11-2 is amended to read as follows: Section 16-11-2: Applicability: C. Southwest Arterial Corridor Subdivision Review: A proposed plat that divides any parcel within the southwest arterial corridor into two (2) or more lots, and any prelimi- nary plat within the southwest arterial corridor must be submitted to the city council for 19 review. No plat for any subdivision or resubdivision of property in the southwest arterial corridor, as delineated on drawings on file in the city clerk's office, may be approved by the city council, from the effective date hereof to July 1, 2015, except where a vested right to the issuance of such approval accrued prior to the effective date hereof. Section 2. This Ordinance takes effect upon publication. Passed, approved, and adopted the 16th day of June, 2014. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 20th day of June, 2014. /s/Kevin S. Firnstahl, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 41-14 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DEVELOPMENT CODE, CHAPTER 13 SITE DESIGN STANDARDS, SECTION 16-13- 2 APPLICABILITY BY EXTENDING THE MORATORIUM NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances Section 16-13-2 is amended to read as follows: Section 16-13-2: Applicability: E. Moratorium For Site Plans In The Southwest Arterial Corridor: The city planner may not issue conditional or final approval for any site plan filed for property in the southwest arterial corridor that lies within the corporate limits of the city of Dubuque, as delineated on drawings on file in the city clerk's office, from the effective date hereof to July 1, 2015, except where a vested right to the issuance of such approval accrued prior to the effective date hereof. Section 2. This Ordinance takes effect upon publication. Passed, approved, and adopted the 16th day of June, 2014. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 20th day of June, 2014. /s/Kevin S. Firnstahl, City Clerk 3. E.B. Lyons Interpretive Area Expansion Project Award: City Manager recommend- ing award of the construction contract for the E. B. Lyons Interpretive Area Expansion Project to the low bidder Portzen Construction. Motion by Braig to receive and file the documents and adopt Resolution No. 180-14 Awarding public improvement contract for the E. B. Lyons Interpretive Area Expansion Project. Seconded by Resnick. Motion car- ried 7-0. RESOLUTION NO. 180-14 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE EB LYONS INTER- PRETIVE AREA EXPANSION PROJECT Whereas, sealed proposals have been submitted by contractors for the EB Lyons In- terpretive Area Expansion Project (the Project) pursuant to Resolution No. 156-14 and 20 Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 9th day of May, 2014. Whereas, said sealed proposals were opened and read on the 5th day of June, 2014, and it has been determined that Portzen Construction of Dubuque, Iowa, with a bid in the amount of $981,243.62, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Portzen Construction and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 16th day of June, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. Final Plat - Timber-Hyrst Estates No. 4: City Manager recommending approval of the final plat of Timber-Hyrst Estates #4. Motion by Connors to receive and file the doc- uments and adopt Resolution No. 181-14 Approving the Final Plat of Timber-Hyrst Es- tates #4 in the City of Dubuque, Iowa. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 181-14 APPROVING THE FINAL PLAT OF TIMBER-HYRST ESTATES #4 IN THE CITY OF DUBUQUE, IOWA Whereas, North Cascade Road Developers, LLC, as owners, have filed with the City Clerk the Final Plat of Timber-Hyrst Estates #4 in the City of Dubuque, Iowa; and Whereas, upon said final plat appears streets to be known as Creekwood Drive (Lot K), Timber-Hyrst Court (Lot L), Cherry Ridge Court (Lot M), North Cascade Road (Lot N), and a Detention Basin (Lot J), together with certain public utility, access, storm sew- er, storm drainage, sanitary sewer and water main easements, which North Cascade Road Developers, LLC by said final plat have dedicated to the public forever; and Whereas, said Plat provides zero feet of frontage for Lot A and Lot J, where fifty feet is required by Section 16-11-14(B) of the Unified Development Code; and Whereas, said Preliminary Plat has been examined by the Zoning Advisory Commis- sion and had its approval endorsed thereon; and Whereas, said Final Plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it, except that no streets or public utilities have yet been constructed or installed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Creekwood Drive (Lot K), Timber-Hyrst Court (Lot L), Cherry Ridge Court (Lot M), North Cascade Road (Lot N), and a Detention Basin (Lot J), together with the easements for public utilities, access, storm sewer, storm drainage, sanitary sewer and water main, as they appear upon said final plat, be and the same are hereby accepted. Section 2. That Section 16-14-11(B) of the Unified Development Code is waived to allow Lot A and Lot J to have zero feet of frontage, where fifty feet of frontage is re- quired. Section 3. That the Final Plat of Timber-Hyrst Estates #4 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the 21 City of Dubuque, Iowa upon said Final Plat, provided the North Cascade Road Devel- opers, LLC execute their written acceptance hereto attached agreeing: (a) To reduce Creekwood Drive (Lot K), Timber-Hyrst Court (Lot L), Cherry Ridge Court (Lot M), and North Cascade Road (Lot N) to grade and construct longitudinal sub- drain, concrete curb and gutter, with asphaltic concrete pavement, or Portland Cement concrete pavement with integral curb, all in accordance with the City of Dubuque stand- ard specifications, all in a manner acceptable to the City Engineer, in conformance with construction improvement plans approved by the City Engineer, and inspected and ap- proved by the City Engineer. (b) To install sanitary sewer main and sewer service laterals into each individual lot, water main and water service laterals into each individual lot, detention basins, storm sewers and catch basins, roadway culverts, boulevard street lighting, fiber optic conduit, and erosion control devices all in accordance with the City of Dubuque standard specifi- cations, all in a manner acceptable to the City Engineer, and in accordance with con- struction improvement plans approved by the City Engineer, and inspected and ap- proved by the City Engineer. (c) To construct accessible sidewalk ramps at the intersections of Creekwood Drive & Timber-Hyrst Court, Creekwood Drive and Cherry Ridge Court, and at approximate Sta- tion 70+75 on Creekwood Drive, and construct sidewalk along Lot C, and along the east side of Creekwood Drive from approximate Station 70+50 to North Cascade Road right of way, in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer, and inspected and approved by the City Engineer. (d) To construct the improvements outlined in (a) and (b) and (c) within two (2) years from the date of acceptance of this resolution, at the sole expense of North Cascade Road Developers, LLC, or future owner; (e) To maintain the improvements outlined in (a) and (b) and (c), for a period of two (2) years from the date of the acceptance of those improvements by the City Council of the City of Dubuque, Iowa, at the sole expense of North Cascade Road Developers, LLC, or future owner; (f) To provide security for the performance of the foregoing conditions specified in this Section in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. (g) To provide a Grant of Easement for Culvert Pipe, Embankment Slope, and Storm Water Impoundment from Gary Valentine satisfactory to and benefitting the City of Dubuque over a portion of Lot 1 of Valentine Place No. 3 in the City of Dubuque. Section 4. Sidewalk installation shall be the responsibility of each lot owner abutting the public rights-of-way, including lots with multiple frontages, as required by City Code Chapter 10-1-2 (Sidewalk Installation and Repair) and 16-11-16 (Sidewalks). Installation of the section of sidewalk along the west side of Creekwood Drive from its intersection with North Cascade Road to the north property line of Lot 37 is waived until such time as the adjacent property is developed. Once development occurs on the subject proper- ty, sidewalk installation will be required by City Code Chapters 10-1-2 and 16-11-16. Section 5. That the owner must continue to maintain Lot J of Timber-Hyrst Estates #4 and stormwater detention facility until (1) the facility has been fully completed, (2) 80% of the platted lots (Lots 1-5, 94, 95, and 106-111, inclusive) of Timber-Hyrst Estates #4, and subdivisions thereof have been fully developed, and (3) adequate erosion control measures, as approved by the City Engineer, have been installed on the remaining 20% of the lots. Acceptance of the detention facility must be by the City Council as required 22 by the Unified Development Code. Upon the City's acceptance of the detention facility, the inspection, administrative and maintenance expenses incurred by the City of Dubu- que for the storm water detention facility (Lot J) shall be assessed against the property owners, except the City of Dubuque, of all phases of Timber-Hyrst Estates #4, as indi- cated above and on the Preliminary Plat of Timber-Hyrst Estates Phase III, in equal amounts, and the City Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall then be collected with and in the same manner as general property taxes in accordance with provisions of law. Section 6. That the planting of street trees shall be coordinated with the City Forester. Trees planted within the street right-of-way must be chosen and planted by the City of Dubuque Leisure Services Department at the developer's expense. Section 7. That the final acceptance of all public improvements shall only occur upon certification of the City Engineer to the City Council that all public improvements have been completed in accordance with the approved improvement plans and City standard specifications and accepted by City Council Resolution. Section 8. That in the event North Cascade Road Developers, LLC fails to execute the acceptance and furnish the guarantees provided hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. Section 9. That in the event North Cascade Road Developers, LLC fails to provide a Grant of Easement for Culvert Pipe, Embankment Slope, and Storm Water Impound- ment from Gary Valentine benefitting the City of Dubuque over a portion of Lot 1 of Val- entine Place No. 3 in the City of Dubuque within 30 days after the date of this Resolu- tion, the provisions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. Passed, approved and adopted this 16th day of June, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ACCEPTANCE OF RESOLUTION NO. 181-14 I, the undersigned, Marty McNamer, representing North Cascade Road Developers, LLC, having read the terms and conditions of the Resolution No.181-14 and being famil- iar with the conditions thereof, hereby accept this same and agree to the conditions re- quired therein. Dated in Dubuque, Iowa this 18th day of June, 2014. /s/By Marty McNamer North Cascade Road Developers, LLC 5. Dubuque County Historic Preservation Commission: Correspondence from the Dubuque County Historic Preservation Commission requesting a voluntary contribution and providing information for membership on the Commission. Motion by Braig to re- ceive and file. Braig encouraged anyone who wants to get involved to look into volun- teering for this commission. Seconded by Connors. Motion carried 7-0. 23 COUNCIL MEMBER REPORTS Resnick reminded residents to use a resource in Dubuque, The Washington Neigh- borhood Tool Library located at 345 East 18th St. Jones congratulated the City of Cedar Rapids on becoming an All -America City. PUBLIC INPUT CLOSED SESSION Motion by Jones to convene in closed session at 7:23 p.m. to discuss property acqui- sition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Seconded by Connors. Motion carried 7-0. Upon motion at 8:05 p.m., the City Council reconvened in open session stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 8:07 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 24