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1 20 15 City Council Proceedings Official_RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in reg9ular session at 6:30 p.m. on January 20, 2015 in the Historic Federal Building, 350 W. 6� Street. Present: Mayor Buol (via phone), Mayor Pro Tem Braig; Council Members Connors, Jones, Lynch, Resnick, Sutton; Assistant City Manager Steinhauser, City Attorney Lin- dahl Mayor Pro Tem Braig 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 be- fore 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 Connors. Motion carried 7-0. 1. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 9/30/14, 11/18/14, and 10/21/14; Cable TV Commission of 12/03/14; Human Rights Commission of 12/18/14; Long Range Planning Advisory Commission of 12/17/14; Zon- ing Advisory Commission of 1/7/15; Zoning Board of Adjustments of 12/18/14; City Council Proceedings of 1/5/14; Proof of Publication for City Council Proceedings of 12/15/14. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Claim by A-1 Taxi Service for vehicle damage; Claim by Brian Jacobson submitted by First Financial Asset Management for vehicle damage; Claim by Lloyd Droessler submitted by Rural Mutual Insurance for vehicle damage; Mul- len vs. City of Dubuque Suit. Upon motion the documents were received, filed and re- ferred 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: Brian Jacobseon for vehicle damage, Queck Capital for vehicle damage. Upon motion the documents were received, filed and concurred. 4. Harvard Kennedy School Innovations in American Government - Round Two: City Manager recommending submittal of the 2014 Round Two Supplemental Application Information to the Harvard Kennedy School for Innovations in American Government Award. Upon motion the documents were received, filed and approved. 5. Certified Local Government (CLG) Grant Agreement - Eagle Point Park: City Man- ager recommending approval of the CLG Grant Agreement with the State Historic Preservation Office, in order to prepare a nomination to the National Register of Historic Places and to conduct a Phase 1 Archeological Survey for Eagle Point Park. Upon mo- tion the documents were received and filed and Resolution 11-15 Authorizing a CLG Grant -in -Aid -Agreement with the State Historical Society of Iowa to prepare an Intensive Survey and Evaluation and National Register of Historic Places Nomination for Eagle Point Park was adopted. 6. Interactive Kiosks - Catfish Creek Watershed Management Authority Phase II Grant: City Manager recommending approval of purchase of interactive kiosks for the Catfish Creek Watershed Management Authority's Phase II Grant, and to reject the bids from outside consultants to develop the kiosks. Upon motion the documents were re- ceived, filed and approved. 7. Sustainable Dubuque Community Grant Recommendations: City Manager recom- mending approval of funding the recommended grant applications. Upon motion the documents were received, filed and approved. 8. Continuing Disclosure Policy: City Manager recommending adoption of the Contin- uing Disclosure Policy to comply with the Federal Securities Laws. Upon motion the documents were received, filed and approved. 9. Final Plat for Siegert's Place Fifth Addition: Zoning Advisory Commission recom- mending approval of the Final Plat for Siegert's Place Fifth Addition. Upon motion the documents were received and filed and Resolution No. 12-15 Approving the Final Plat of Siegert's Place Fifth Addition in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 12-15 APPROVING THE FINAL PLAT OF SIEGERT'S PLACE FIFTH ADDITION IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk the Final Plat of Siegert's Place Fifth Addition in the City of Dubuque, Iowa; and Whereas, said Final Plat has been examined by the Zoning Advisory Commission 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 statues and ordinances relating to it. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Final Plat of Siegert's Place Fifth Addition is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the ap- proval of the City of Dubuque, Iowa upon said Final Plat, subject to the following condi- tions: 1. William A. and Janet L. Siegert (Siegerts), owners of the property in Siegert's Place Fifth Addition (the Siegert Property), have entered into a purchase agreement with Richardson Investments (Richardson) for the purchase of Lot 3 in Siegert's Place Fifth Addition. Siegerts and Richardson acknowledge that there is no access to Lot 3. It is anticipated that the Iowa Department of Transportation will construct a frontage road which will provide access to Lot 3. Siegerts and Richardson agree that the City of Dubuque by approving the Final Plat of Siegert's Place Fifth Addition assumes no re- sponsibility of any kind for providing any access to Lot 3, and Siegerts and Richardson, jointly and severally, agree to defend, indemnify and hold the City of Dubuque harmless from and against any and all claims of any kind arising out of or relating to access or lack of access to Lot 3. 2. Siegerts and Richardson acknowledge that the existing farm access to the Siegert Property in Siegert's Place Fifth Addition from U.S. Highway 20 may be eliminated in connection with the reconstruction of U.S. Highway 20. By not later than June 1, 2016, Siegerts and Richardson will provide the City of Dubuque with an executed copy of an easement agreement providing access to the Siegert's property over and across Lot 3. Siegerts and Richardson agree that the City of Dubuque by approving the Final Plat of Siegert's Place Fifth Addition assumes no responsibility of any kind for providing any access to Siegert's property, and Siegerts and Richardson, jointly and severally, agree to defend, indemnify and hold the City of Dubuque harmless from and against any and all claims of any kind arising out of or relating to access or lack of access to Siegert's property. Passed, approved and adopted this 20th day of January, 2015. Karla A. Braig, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk ACCEPTANCE OF RESOLUTION NO. 12-15 We, the undersigned, William A. and Janet L. Siegert, property owners, and Chad Richardson, representing Richardson Investments, purchaser, having read the terms and conditions of the foregoing Resolution and being familiar with the conditions thereof hereby accept the same and agree to the conditions required therein. Dated in Dubuque, Iowa this 16th day of January, 2015. /s/William A. Siegert /s/Janet L. Siegert /s/Chad Richardson, Richardson Investments 10. Property Acquisition - 1980 Rockdale Road: City Manager recommending ac- ceptance of the deed to property located at 1980 Rockdale Road owned by Ruth A Wil- lis. Upon motion the documents were received and filed and Resolution No. 13-15 Ac- cepting the Deed to certain real estate in the City of Dubuque, Iowa, from Ruth A. Willis was adopted. RESOLUTION NO. 13-15 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN THE CITY OF DUBUQUE, IOWA FROM RUTH A. WILLIS Whereas, the City of Dubuque entered into an Agreement on January 5, 2015, with Ruth A. Willis for the purchase of the following described real property in Dubuque County, Iowa: TRACT I. Lot 2 of Lot 1 of Lot 7 of Mineral Lot 501 in the City of Dubuque, Iowa, according to the recorded plat thereof. TRACT II. Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 7 of Mineral Lot 501 in the City of Dubuque, Iowa, according to the recorded Plat thereof Locally known as 1980 Rockdale Road. And Whereas, the terms of the Agreement have now been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The City of Dubuque hereby accepts the Warranty Deed from Ruth A. Wil- lis attached hereto. Section 2. The City Clerk is hereby authorized and directed to record this Resolution and the Warranty Deed with the Dubuque County Recorder. Passed, approved and adopted this 20th day of January, 2015. Karla A. Braig, Mayor Pro Tem Attest: Kevin S. Firnstahl City Clerk 11. Jule Transit Facility Roof & Sprinkler Repair Project Acceptance: City Manager recommending acceptance of the construction contract for The Jule Facility Roof Repair Project, as completed by Bel Aire Home Improvement, and acceptance of the construc- tion contract for The Jule Facility Sprinkler Repair Project, as completed by Continental Fire & Sprinkler. Upon motion the documents were received and filed and Resolution No. 14-15 Accepting the Jule Transit Facility Roof Repair Project and authorizing the payment of the contract amount to the contractor; and Resolution No. 15-15 Accepting the Jule Transit Facility Sprinkler Repair Project and authorizing the payment of the con- tract amount to the contractor were adopted. RESOLUTION NO. 14-15 ACCEPTING THE JULE TRANSIT FACILITY ROOF REPAIR PROJECT AND AU- THORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Jule Transit Facility Roof Repair Project (the Project) has been completed and the consulting 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 consulting engineer recom- mends 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 consulting engineer is approved and the Pro- ject is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Public Transit Infrastructure Grant (PTIG) for the contract amount of $147,957.80 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 20th day of January, 2015. Karla A. Braig, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 15-15 ACCEPTING THE JULE TRANSIT FACILITY SPRINKLER REPAIR PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRAC- TOR Whereas, the Public Improvement Contract for the Jule Transit Facility Sprinkler Re- pair Project (the Project) has been completed and the consulting engineer has exam- ined the work and filed a certificate stating that the Project has been completed accord- ing to the terms of the Public Improvement Contract and that the consulting 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 consulting engineer is approved and the Pro- ject is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Public Transit Infrastructure Grant (PTIG) for the contract amount of $56,875.00 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 20th day of January, 2015. Karla A. Braig, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk 12. Water & Resource Recovery Center Wild Flower Planting Project Acceptance: City Manager recommending acceptance of the Water & Resource Recovery Center Wild Flower Planting Project by Nauman Nursery, Inc. Upon motion the documents were received and filed and Resolution No. 16-15 Accepting the Water & Resource Re- covery Center Wild Flower Planting Project and authorizing the payment to the contrac- tor was adopted. RESOLUTION NO. 16-15 ACCEPTING THE WATER & RESOURCE RECOVERY CENTER WILD FLOWER PLANTING PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the Water & Resource Recovery Cen- ter Wild Flower Planting Project (the Project) has been completed has been completed by the Contractor, Nauman Nursery, Inc. (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $25,911.00; and Whereas, the Contractor has previously been paid $24,615.45, leaving a balance of $1,295.55; and Whereas, the City Council finds that the recommendation of the City Engineer should 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 the bal- ance of the retainage of $1,295.55 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 20th day of January, 2015. Karla A. Braig, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE WATER & RE- SOURCE RECOVERY CENTER WILD FLOWER PLANTING PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Water & Resource Recovery Center Wild Flower Planting Project, and that said Project has been performed in compliance with the terms of the Public Im- provement Contract, and that the total cost of the completed work is $25,911.00. Dated this 20th day of January, 2015. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 20th day of January, 2015. /s/Kevin S. Firnstahl, City Clerk 13. Signed Contracts: Conlon Construction Change Order #3 for the Dubuque Inter- modal Transportation Center. Upon motion the document was received and filed. 14. Alcohol License Applications: City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. Upon motion the documents were received and filed and Resolution No. 17-15 Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and Li- cense Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 17-15 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 Dollar General Store 2400 Gateway Dr. Class C Beer, Class B Wine #10074 Dollar General Store #6896 Dollar General Store #7289 Fife's Mario's Italian Restaurant Pizza Hut #4690 Pizza Hut #4691 New Brazen Open Kitchen Bar 605 W Locust St. 3250 Kennedy Cir Ste 9 1113 Main St. 1298 Main St. 2075 J. F. Kennedy Rd. 320 E 20th St. 955 Washington St. Ste 101 Passed, approved and adopted this 20th day of January, 2015. Karla A. Braig, Mayor pro Tem (Sunday) Class C Beer, Class B Wine (Sunday) Class C Beer, Class B Wine (Sunday) Class C Liquor Class C Liquor Class B Beer (Sunday) Class B Beer (Sunday) Class C Liquor Attest: Kevin S. Firnstahl, City Clerk ITEMS SET FOR PUBLIC HEARING 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. FY 2016 Community Development Block Grant (CDBG) Annual Action Plan: City Manager recommending that a public hearing be set for February 10, 2015 in conjunc- tion with the Housing & Community Development Department's budget hearing, regard- ing the review of the Community Development Block Grant Annual Action Plan. Upon motion the documents were received and filed and Resolution No. 18-15 Setting a Pub- lic Hearing on the fiscal year 2016 (program year 2015) Community Development Block Grant (CDBG) Annual Action Plan was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on February 10, 2015 in the Historic Federal Building. RESOLUTION NO. 18-15 SETTING A PUBLIC HEARING ON THE FISCAL YEAR 2016 (PROGRAM YEAR 2015) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN Whereas, the City of Dubuque has, through a series of public meetings and hearings, finalized a Fiscal Year 2016 (Program Year 2015) Community Development Block Grant Annual Action Plan addressing both housing and non- housing needs in the community; and Whereas, copies of the draft Fiscal Year 2016 (Program Year 2015) CDBG Annual Action Plan will be available for public comment for 30 days prior to City Council action; and Whereas, the City's Community Development Advisory Commission has reviewed and recommended adoption of the Annual Action Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council will meet in the Historic Federal Building, Council Chambers, 2nd Floor, 350 West 6th Street, Dubuque, Iowa at 6:30 p.m. on February 10, 2015 for the purpose of holding a public hearing and taking action on the Fiscal Year 2016 (Program Year 2015) Community Development Block Grant Annual Action Plan. Section 2. That the City Clerk be and he is hereby authorized and directed to publish a notice of such public hearing and the City Council's intent to review and take action on the Fiscal Year 2016 (Program Year 2015) Community Development Block Grant An- nual Plan. Passed, approved and adopted this 20th day of January, 2015. Karla A. Braig, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk 2. SRF Green Alley Bid Set 3 Year 2: City Manager recommending that a public hearing be set for February 16, 2015, regarding the initiation of the public bidding pro- cess for the SRF Green Alley Bid Set 3 — Year 2 Project. Upon motion the documents were received and filed and Resolution No. 19-15 Preliminary Approval of Plans, Speci- fications, Form of Contract, and Estimated Cost; Setting Date of Public Hearing on Plans, Specifications, Form of Contract, and Estimated Cost; and Ordering the Adver- tisement for Bids; Resolution No. 20-15 Approving the Plats, Schedule of Assessments and Estimate of Total Cost for the SRF Green Alley Bid Set 3 - Year 2 Project; Resolu- tion No. 21-15 of Necessity for the SRF Green Alley Bid Set 3 - Year 2 Project; and Resolution No. 22-15 Fixing Date of Public Hearing on Resolution of Necessity were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on February 16, 2015 in the Historic Federal Building. RESOLUTION NO. 19-15 SRF GREEN ALLEY BID SET 3 YEAR 2 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 SRF Green Alley Bid Set 3 — Year 2 Project in the estimated amount $1,723,730.11, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 16th day of February, 2015, at 6:30 p.m. in the Historic Federal Building Council Chambers at which time interested persons may ap- pear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The SRF Green Alley Bid Set 3 —Year 2 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 date for filing bids before 2:00 p.m. on the 19th day of February, 2015. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 2nd day of March, 2015, in the Historic Federal Build- ing Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 20th day of January, 2015. Karla A. Braig, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION 20-15 APPROVING THE PLATS, SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST FOR THE SRF GREEN ALLEY BID SET 3 - YEAR 2 PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached plats, schedule of assessments, and estimate of total cost for the SRF Green Alley Bid Set 3 — Year 2 Project are hereby approved. Passed, approved and adopted this 20th day of January, 2015. Karla A. Braig, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 21-15 RESOLUTION OF NECESSITY FOR THE SRF GREEN ALLEY BID SET 3 - YEAR 2 PROJECT Whereas, the plat, schedule of assessments, and estimate of total cost for the SRF Green Alley Bid Set 3 — Year 2 Project have been duly prepared and approved by the City Council of the City of Dubuque and ordered placed on file in the office of City Clerk. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The SRF Green Alley Bid Set 3 - Year 2 Project will provide: Reconstruction of Seven (7) alleys using interlocking concrete pavers Reconstruction of the pavement surface with interlocking concrete pavers. Installation of concrete pavement to hold bricks in place. Installation of concrete street headers and driveway headers Installation of ADA detectible warning panels and miscellaneous sidewalk at alley crossings. Reconstruction of the Sanitary Sewer in two alleys Replacement of 10 lead water services with copper water services. Replacement of 73 sanitary sewer laterals There is on file in the office of the City Clerk an estimated total cost of the work, and a preliminary plat and schedule showing the amount proposed to be assessed to each lot for the improvement. The date, time, and place the council will hear property owners subject to the as- sessment and interested parties for or against the improvement, its cost, the assess- ment, or the boundaries of the district: That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements. Unless a property owner files objections with the City Clerk at the time of hearing on the resolution of necessity, the property owner is deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special as- sessment procedure. Said improvements shall be constructed in accordance with the plans and specifica- tions which have been approved by the City Council and are now on file in the Office of the City Clerk. The cost of making such improvement will be assessed against property lying with the assessment limits. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 20th day of January, 2015. Karla A. Braig, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 22-15 FIXING DATE OF PUBLIC HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary ap- proval to the plat, schedule of assessments, and estimated total cost for the SRF Green Alley Bid Set 3 — Year 2 Project and ordered the plat, schedule of assessments, and es- timate of total cost placed on file in the Office of the City Clerk; and Whereas, the proposed Resolution of Necessity for Project has been introduced and is now on file in the Office of the City Clerk. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The City Council will meet on the 16th day of February, 2015, at 6:30 p.m. in the His- toric Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. at which time the owners of property subject to assessment for the proposed im- provement or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity. A property owner will be deemed to have waived all objections unless at the time of hearing the property owner has filed objections with the City Clerk. The City Clerk be and is hereby authorized and directed to cause a 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 once each week for two consecutive weeks, the first publication of which shall be not less than ten days prior to the day fixed for its consideration. Passed, adopted and approved this 20th day of January, 2015. Karla A. Braig, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk 3. SRF Green Alley Project Bid Set 6 Year 1: City Manager recommending that a public hearing be set for February 16, 2015, regarding the initiation of the public bidding process for the SRF Green Alley Bid Set 6 — Year 1 Project. Upon motion the docu- ments were received and filed and Resolution No. 23-15 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 Adver- tisement for Bids; Resolution No. 24-15 Approving the Plats, Schedule of Assessments and Estimate of Total Cost for the SRF Green Alley Bid Set 6 - Year 1 Project: Resolu- tion No. 25-15 Resolution of Necessity for the SRF Green Alley Bid Set 6 - Year 1 Pro- ject; and Resolution No. 26-15 Fixing Date of Public Hearing on Resolution of Necessity were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on Feb- ruary 16, 2015 in the Historic Federal Building. RESOLUTION NO. 23-15 SRF GREEN ALLEY BID SET 6 YEAR 1 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 SRF Green Alley Bid Set 6 — Year 1 Project in the estimated amount $364,665.35, are here- by preliminarily approved and ordered filed in the office of the City Clerk for public in- spection. A public hearing will be held on the 16th day of February, 2015, 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 con- tract 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. The SRF Green Alley Bid Set 6 —Year 1 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 date for filing bids before 2:00 p.m. on the 19th day of February, 2015. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 2nd day of March, 2015, in the Historic Federal Build- ing Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 20th day of January, 2015. Karla A. Braig, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 24-15 APPROVING THE PLATS, SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST FOR THE SRF GREEN ALLEY BID SET 6 - YEAR 1 PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached plats, schedule of assessments, and estimate of total cost for the SRF Green Alley Bid Set 6 — Year 1 Project are hereby approved. Passed, approved and adopted this 20th day of January, 2015. Karla A. Braig, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 25-15 RESOLUTION OF NECESSITY FOR THE SRF GREEN ALLEY BID SET 6 - YEAR 1 PROJECT Whereas, the plat, schedule of assessments, and estimate of total cost for the SRF Green Alley Bid Set 6 — Year 1 Project have been duly prepared and approved by the City Council of the City of Dubuque and ordered placed on file in the office of City Clerk. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The SRF Green Alley Bid Set 6 - Year 1 Project will provide: Reconstruction of Four (4) alleys using interlocking concrete pavers Removal of existing alley pavement Excavation of the subgrade to allow the placement of clean washed stone for a storage medium Reconstruction of the pavement surface with interlocking concrete pavers. Installa- tion of concrete pavement to hold bricks in place. Installation of concrete street headers and driveway headers Installation of ADA detectible warning panels and miscellaneous sidewalk at alley crossings. There is on file in the office of the City Clerk an estimated total cost of the work, and a preliminary plat and schedule showing the amount proposed to be assessed to each lot for the improvement. The date, time, and place the council will hear property owners subject to the as- sessment and interested parties for or against the improvement, its cost, the assess- ment, or the boundaries of the district: That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements. Unless a property owner files objections with the City Clerk at the time of hearing on the resolution of necessity, the property owner is deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special as- sessment procedure. Said improvements shall be constructed in accordance with the plans and specifica- tions which have been approved by the City Council and are now on file in the Office of the City Clerk. The cost of making such improvement will be assessed against property lying with the assessment limits. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 20th day of January, 2015. Karla A. Braig, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 26-15 FIXING DATE OF PUBLIC HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary ap- proval to the plat, schedule of assessments, and estimated total cost for the SRF Green Alley Bid Set 6 — Year 1 Project and ordered the plat, schedule of assessments, and es- timate of total cost placed on file in the Office of the City Clerk; and Whereas, the proposed Resolution of Necessity for Project has been introduced and is now on file in the Office of the City Clerk. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The City Council will meet on the 16th day of February, 2015, at 6:30 p.m. in the His- toric Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. at which time the owners of property subject to assessment for the proposed im- provement or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity. A property owner will be deemed to have waived all objections unless at the time of hearing the property owner has filed objections with the City Clerk. The City Clerk be and is hereby authorized and directed to cause a 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 once each week for two consecutive weeks, the first publication of which shall be not less than ten days prior to the day fixed for its consideration. Passed, adopted and approved this 20th day of January, 2015. Karla A. Braig, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the Council regarding their application to the fol- lowing board/commission: Mediacom Charitable Foundation: One, 1 year term through December 31, 2015 (Expired term of Twining). Applicant: Connie Twining, 421 N. Booth St. PUBLIC HEARING(S) Motion by Connors to remove from the table. Seconded by Jones. Motion carried 7-0. Upon motion the rules were suspended to allow anyone present to address the City Council on the following item. 1. Black Hills Energy Corporation Franchise Amendment (Tabled from January 5, 2015): Public Hearing on an Ordinance Amending City of Dubuque Code of Ordinances 11-4-23 Authorizing the City Council To Impose a Franchise Fee On The Sale of Natu- ral and Mixed Gas by Black Hills/Iowa Gas Utility Company, LLC d/b/a Black Hills Ener- gy and City Manager recommending approval. Motion by Jones to reconvene the public hearing, receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion carried 6-1 with Resnick voting nay. Motion by Connors for final consideration and passage of Ordinance No. 2-15 Amending City of Dubuque Code of Ordinances Sec. 11-4-23: Franchise Fee, Authoriz- ing the City Council to Impose a Franchise Fee Not to Exceed Three Percent (3%) on the Gross Revenue Generated From the Distribution and Sale of Natural Gas or Mixed Gas By Black Hills/Iowa Gas Utility Company, LLC D/B/A Black Hills Energy Within the City of Dubuque, by Increasing Such Authority to Five Percent (5%). Seconded by Jones. Motion carried 6-1 with Resnick voting nay. OFFICIAL PUBLICATION ORDINANCE NO. 2-15 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SEC. 11-4-23: FRAN- CHISE FEE, AUTHORIZING THE CITY COUNCIL TO IMPOSE A FRANCHISE FEE NOT TO EXCEED THREE PERCENT (3%) ON THE GROSS REVENUE GENERATED FROM THE DISTRIBUTION AND SALE OF NATURAL GAS OR MIXED GAS BY BLACK HILLS/IOWA GAS UTILITY COMPANY, LLC D/B/A BLACK HILLS ENERGY WITHIN THE CITY OF DUBUQUE, BY INCREASING SUCH AUTHORITY TO FIVE PERCENT (5%) Whereas, City of Dubuque Ordinance No. 43-93 (City of Dubuque Code of Ordinanc- es Title 11, Chapter 4), adopted by the City Council on the 19th day of July, 1993, grant- ed to Peoples Natural Gas Company, its successors and assigns (hereinafter referred to collectively as the Company), nonexclusive authority for a period of twenty-five (25) years to maintain and operate its gas distribution system within the limits of the city of Dubuque; and Whereas, Black Hills/Iowa Gas Utility Company, LLC d/b/a Black Hills Energy is a successor to Peoples Natural Gas Company; and Whereas, Ordinance No. 43-93, now Code of Ordinances §11-4-23, provides that the City Council may impose a franchise fee not to exceed three percent (3%) of the gross revenue of the Company generated from the sale of natural and mixed gas within the city of Dubuque; and Whereas, the City Council has determined that it is in the best interests of the City of Dubuque to increase the authority for such franchise fee to five percent (5%). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances § 11-4-23 is hereby amended to read as follows: 11-4-23: FRANCHISE FEE A. The city council may impose a franchise fee not to exceed five percent (5%) of the gross revenue of the company generated from the sale of natural and mixed gas within the city. 1. For purposes of this section gross revenue shall include in addition to revenue from direct sales of natural or mixed gas to customers, the gross revenue derived by the company from the transmission, transportation or distribution of natural or mixed gas sold to customers by suppliers other than the company through the company's distribu- tion system within the city. 2. Any franchise fee imposed by the city shall be a direct charge to customers to the extent required by the Iowa Utilities Board. B. The Company shall on the fifteenth day of each month, provide to the city manag- er in a form reasonably acceptable to the city manager records establishing the gross revenue from the sale or transportation of natural and mixed gas by the Company within the city of Dubuque for the preceding month and shall pay the fee to the city within thirty (30) days following the last day of the preceding month. C. Any rebate of franchise fees which may have been available under any prior amendment or ordinance which was not paid prior to July 1, 2013, is declared void and any claim for any such rebate shall not be honored or paid by the city. D. If for any reason the time and manner of collecting, or any aspect of the franchise fee, is challenged by or before the Iowa utilities board, Company shall promptly give no- tice to city and the Company shall, in any case, diligently and continuously exercise its efforts to sustain said fee and payments and the time and manner of its collection. If at any time the Iowa utilities board, or any other authority having proper jurisdiction, pro- hibits the city from imposing the franchise fee called for herein, the Company will no longer be obligated to collect and pay the franchise fee herein. City shall have access to and the right to examine, during normal business hours, Company's books, receipts, files, records and documents as is reasonably necessary to verify the accuracy of payments due hereunder; provided, that City shall not exercise such right more than twice per calendar year. If it is determined that a mistake was made in the payment of any franchise fee required hereunder, such mistake shall be corrected promptly upon discovery such that any under- payment by Company shall be paid within thirty (30) days of recalculation of the amount due, and any over-payment by Company shall be deducted from the next payment of such franchise fee due by such Company to City; provided, that neither party shall have the obligation to correct a mis- take that is discovered more than one (1) year after the occurrence thereof. The city agrees to save harmless the Company, its employees or agents from and against all claims, demands, losses and expenses arising out of the collection of the franchise fee from the Company's customers or in re- mitting the franchise fee amounts collected to the city; provided, however, that the city shall not be required to save harmless the Company from claims, demands, losses and expenses arising out of the negligence of the Company, its employees or agents. E. The amount billed by the Company for the sale of natural gas or mixed gas to its customers may be adjusted for any net write off of uncollectible accounts and correc- tions of bills theretofore rendered, and past or future franchise fees remitted to the city may be adjusted accordingly by the Company to reflect the lawful or necessary correc- tion to billing and collection from its customers for natural gas sold within the corporate limits of the city. F. Within ten (10) days of the date of this ordinance, the City shall provide the Com- pany with a map of its corporate limits (the "Map"). The Map shall be of sufficient detail to assist Company in determining whether its customers reside within the City's corpo- rate limits. The Map along with Company's Geographic Information System ("GIS") mapping information shall serve as the sole basis for determining Company's obligation hereunder to collect and pay the franchise fee from customers; provided, however, that if the City's corporate limits are changed by annexation or otherwise, it shall be the City's sole responsibility to (a) update the Map so that such changes are included there- in, and (b) provide the updated Map to the Company. Company's obligation to collect and pay the franchise fee from customers within an annexed area shall not commence until the later: (a) of sixty (60) days after such Company's receipt from the city of an up- dated Map including such annexed area, or (b) such time after such Company's receipt from the City of an updated Map including such annexed area as is reasonably neces- sary for Company to identify the customers in the annexed area obligated to pay the franchise fee. City shall indemnify Company from claims of any nature, including attor- ney fees, arising out of or related to the imposition and collection of the franchise fee. In addition, Company shall not be liable for collecting franchise fees from any customer originally or subsequently identified, or incorrectly identified, by City or by Company as being subject to the franchise fee or being subject to a different level of franchise fees or being exempt from the imposition of franchise fees. The city shall provide copies of annexation ordinances to the Company on a timely basis to ensure appropriate franchise fee collection from customers within the corporate limits of the city. G. The invalidity or unenforceability of any provision of this Ordinance shall not affect the validity or enforceability of any other provision of this Ordinance, which shall remain in full force and effect. Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted the 20th day of January, 2015. /s/Karla A. Braig, Mayor Pro tem Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald on the 23rd day of January, 2015. /s/Kevin S. Firnstahl, City Clerk ACEPTANCE The forgoing ordinance amending the Franchise Agreement is hereby accepted by Black Hills/Iowa Gas Utility Company, LLC d/b/a Black Hills Energy on this 20th day of January, 2015. /s/Laura Roussel!, External Affairs Manager Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS 1. Kunkel & Associates, Inc. - Urban Revitalization Area Plan: City Manager recom- mending approval of the Urban Revitalization Plan for the Kunkel and Associates Urban Revitalization Area, Lot 6, Block 2 of Dubuque Technology Park, and the adoption of the ordinance establishing the Kunkel and Associates Urban Revitalization Area. Motion by Lynch to receive and file the documents and adopt Resolution No. 27-15 Approving the Adoption of an Urban Revitalization Plan for the Kunkel & Associates Urban Revitaliza- tion Area. Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 27-15 APPROVING THE ADOPTION OF AN URBAN REVITALIZATION PLAN FOR THE KUNKEL & ASSOCIATES URBAN REVITALIZATION AREA Whereas, the City Council of the City of Dubuque (the City), Iowa on October 20, 2014, approved Resolution No. 327-14, a resolution of finding that the economic devel- opment of Lot 6 Block 2 of Dubuque Technology Park in the City of Dubuque, Iowa, ac- cording to the recorded plat thereof known as the Kunkel and Associates Urban Revital- ization Area is necessary in the interest of the welfare of the residents of the City, and the property meets the criteria for Urban Revitalization as defined in Section 403.17 of the Code of Iowa, 2014; and Whereas, on November 3, 2014 the City reviewed a proposed Urban Revitalization Plan (the Plan) for the Kunkel and Associates Urban Revitalization Area, and sched- uled, by Resolution No, 342-14, a public hearing to be held on December 15, 2014 on the proposed adoption of the Plan; and Whereas the City ordered the City Clerk to publish, at least once, not less than thirty days prior to the public hearing notice of said hearing in the manner provided in Section 362.3 of the Code of Iowa, and cause notice of said hearing to be given by ordinary mail at the last known addresses of the owners of record of Lot 6 Block 2 of Dubuque Tech- nology Park in the City of Dubuque, Iowa, according to the recorded plat thereof; and Whereas, the City Clerk published the notice of public hearing on November 7, 2014 and gave the notice to the property owners by ordinary mail at least thirty days prior to the public hearing; and Whereas, the City has held the required public hearing, and has not received a valid petition requesting a second public hearing within thirty days after the public hearing held on December 15, 2014. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The Urban Revitalization Plan for Lot 6 Block 2 of Dubuque Technology Park in the City of Dubuque, Iowa, according to the recorded plat thereof, known as the Kunkel and Associates Urban Revitalization Area is hereby approved. Passed and approved this day of 20th Day of January, 2015. Karla A. Braig, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk 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 Lynch. Mo- tion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 5-15 Amend- ing City of Dubuque Code of Ordinances Title 3, Revenue and Taxation, Chapter 2 Re- vitalization Areas, by Adopting a New Section 10 Kunkel and Associates, Establishing the Kunkel and Associates Urban Revitalization Area, and Establishing Requirements for Qualifying Property Owners. Seconded by Lynch. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 5-15 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 3, REVENUE AND TAXATION, CHAPTER 2 REVITALIZATION AREAS, BY ADOPTING A NEW SEC- TION 10 KUNKEL AND ASSOCIATES, ESTABLISHING THE KUNKEL AND ASSO- CIATES URBAN REVITALIZATION AREA, AND ESTABLISHING REQUIREMENTS FOR QUALIFYING PROPERTY OWNERS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances Title 3, Chapter 2 is hereby amended by adding the following: 3-2-10: Kunkel and Associates: The area hereinafter described is hereby designated as the Kunkel and Associates Urban Revitalization Area in accordance with the code of Iowa: Lot 6 Block 2 of Dubuque Technology Park in the City of Dubuque, Iowa, according to the recorded plat thereof. B. The Kunkel and Associates Urban Revitalization Plan as attached to this ordi- nance is hereby adopted and approved and the properties within said described area shall be subject to the provisions of said plan. C. The Kunkel and Associates Urban Revitalization Plan shall hereafter be on file in the city clerk's office, City Hall, Dubuque, Iowa. D. Additional requirements: In order to qualify for the tax abatement program estab- lished in the plan, the property owner must create ten (10) new full-time jobs in the Kun- kel and Associates Urban Revitalization Area within 5 years of approval of the property owner's application by the City Council for tax abatement. If the property owner fails to create all such jobs within such five-year period, the property owner must provide a re- fund of all taxes abated to the County Treasurer within sixty (60) days after the end of such 5 -year period for distribution to the governing bodies affected by the abatement of such taxes in the amount of the lost taxes of each such governing body. E. Certification: To assist City in monitoring the job creation requirement of Par. D, a duly authorized officer of the property owner shall certify to City the number of full-time equivalent jobs employed at the above described property on the fifth anniversary of the date of approval of the property owner's application for tax abatement. Section 2. This ordinance takes effect upon publication, Passed, approved and adopted the 20th day of January, 2015. /s/Karla A. Braig, Mayor Pro Tem Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald on the 23rd day of January, 2015. /s/Kevin S. Firnstahl, City Clerk 2. Code of Ordinances Amendment (UDC) - SW Arterial Development Moratorium: City Manager recommending approval of the Ordinance to remove the property included in the Final Plat of Siegert's Place Fifth Addition from the Southwest Arterial Corridor Moratorium area. Motion by Connors to receive and file the documents and that the re- quirement 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. Se- conded by Jones. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 6-15 Amending Dubuque Code of Ordinances, Title 16 Unified Development Code, Chapter 11 Land Subdivision, Section 16-11-2 Applicability By Amending the Moratorium. Se- conded by Jones. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 6-15 AMENDING DUBUQUE CODE OF ORDINANCES, TITLE 16 UNIFIED DEVELOP- MENT CODE, CHAPTER 11 LAND SUBDIVISION, SECTION 16-11-2 APPLICABIL- ITY BY AMENDING 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 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 for the proper- ty within the Final Plat of Siegert's Place Fifth Addition or where a vested right to the is- suance of such approval accrued prior to the effective date hereof. Section 2. This ordinance shall take effect upon publication. Passed, approved and adopted this 20th day of January, 2015. /s/Karla A. Braig, Mayor Pro Tem Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald on the 23rd day of January, 2015. /s/Kevin S. Firnstahl, City Clerk 3. Code of Ordinance Amendment Title 10 - Sledding in City Parks: City Manager recommending approval of an ordinance amendment that would add designated areas in three additional parks to allow sledding. Motion by Jones to receive and file the doc- uments and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Responding to questions from the City Council, Lei- sure Services Manager Marie Ware stated that other parks are under consideration as site obstructions and insurance issues are discussed. Ms. Ware added that she is not aware of any increased traffic issues at the parks previously designated for sledding. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 7-15 Amend- ing Title 10 Public Ways and Property, Chapter 5 Parks and Recreation, Article B Use Regulations 10-5b-23 Prohibiting Sledding, Downhill Skiing, Snowboarding or Tobog- ganing Except in Certain Designated Areas in Certain City Parks Adding Additional Parks Where Sledding and Other Snow Activities Are Permitted. Seconded by Connors. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 7-15 AMENDING TITLE 10 PUBLIC WAYS AND PROPERTY, CHAPTER 5 PARKS AND RECREATION, ARTICLE B USE REGULATIONS 10-5B-23 PROHIBITING SLED- DING, DOWNHILL SKIING, SNOWBOARDING OR TOBOGGANING EXCEPT IN CERTAIN DESIGNATED AREAS IN CERTAIN CITY PARKS ADDING ADDITIONAL PARKS WHERE SLEDDING AND OTHER SNOW ACTIVITIES ARE PERMITTED NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances Title 10, Chapter 5, Article B is amended to read as follows: 10-5B-23: Sledding and Other Snow Activities Prohibited No person may sled or engage in any other snow activity, including but not limited to, downhill skiing, snowboarding, tobogganing, or any other means of descending a hill on snow or ice, in any park or on any public property except in areas designated by the City Manager in the following parks, subject to all rules posted for such sledding or snow activities: Bunker Hill Golf Course, daylight hours only Allison -Henderson Park, daylight hours only Gay Park, daylight hours only Usha Park, daylight hours only Valentine Park, daylight hours only Riding inner tubes in a park or on any public property is prohibited at all times. Section 2. This ordinance takes effect upon publication. Passed, approved and adopted the 20th day of January, 2015. /s/Karla A. Braig, Mayor Pro Tem Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 23rd day of January, 2015. /s/Kevin S. Firnstahl, City Clerk 4. Operation: New View Community Action Agency - Board Membership: Operation: New View Community Action Agency requesting an update of City Council representa- tion on its Board of Directors. (Currently Council Members David Resnick and Lynn Sut- ton). Motion by Connors to receive and file the document and reappoint Council Mem- bers Resnick and Sutton. Seconded by Lynch. Motion carried 7-0. 5. Request for Work Session - Sustainable Dubuque Quarterly Work Session: City Manager recommending that the City Council schedule the next quarterly Sustainable Dubuque work session for March 16, 2015 at 5:00 p.m. Motion by Lynch to set the work session as recommended. Seconded by Connors. Motion carried 7-0. There being no further business, upon motion the City Council adjourned at 6:51 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk