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8 4 08 Clerk's Skelton NotesRESN~,CK, VOET,BERG CITY MANAGER VAN=3`NIILLIGEN; CITY ATTORNEI~'LINDAHL ASSENT: PLEDGE OF ALLEGIANCE INVOCATION: Pastor Terry Bemis, Assembly of God Church F~t~, PROCLAMATIONS: R f ,. " Tour de Dubuque Day (August 23, 2008) ,~ ' Responsible Gaming Week (August 4 - 8, 2008) < ~ ' F° ~ I.. 1 ~ rti {,~ ~ ~~ CONSENT ITEMS Ayes Nays Connors ~` Jones ~~, ~ Lynch ~`t Resnick l ' ~Voetberg ~,~' Craig ~, uol 1. Minutes and Reports Submitted Arts and Cultural Affairs Advisory Commission of 6/24 and 6/30; City Council of 7/21; Housing Commission of 6/24; Human Rights Commission of 6/9; Investment Oversight Advisory Commission of 7/23; Library Board of Trustees of 5/1 and 5/22 Proofs of publication of City Council Proceedings of June 30, 2008 and July 7, 2008 Suggested Disposition: Receive and File 2. Notice of Claims/Suits Audrea Walsh for vehicle damage; Zach Schreiber for vehicle damage; McDermott Excavating for work completed on behalf of Rubloff Development Group; Bruce W. Ohnesorge for vehicle damage Suggested Disposition: Receive and File; Refer to City Attorney City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Audrea Walsh for vehicle damage; Zach Schreiber for vehicle damage; Suggested Disposition: Receive and File; Concur 2 3. Office of the City Assessor Communication from Richard A. Engelken, City Assessor, advising that Neztrop, LLC has appealed their 2008 assessment to the Property Assessment Appeal Board in Des Moines. Suggested Disposition: Receive and File 4. Advisory Design Review -Locust Street Resurfacing Project from 9t" to 17t" Streets Communication from the Historic Preservation Commission recommending approval of the Locust Street Resurfacing Project from 9t" to 17t" Streets. Suggested Disposition: Receive and File; Approve 5. hlistoric District Public Improvement Project (HDPIP) Funding -Four IVlounds Interpretive Sign Project Communication from the Historic Preservation Commission recommending approval of HDPIP funding for installation of two outdoor interpretive signs and a concrete pad within the farm campus of Four Mounds. Suggested Disposition: Receive and File; Approve 6. English Language Learner Instruction Services Program City Manager recommending approval of a 28E Agreement between the City of Dubuque and the Dubuque Community School District for the English Language Learner Instructional Services (ELL) program. Suggested Disposition: Receive and File; Approve Ayes Nays Connors Jones Lynch Resnick Voetberg Braig Buol 3 7. High Quality Jobs Program (HQJP) Contract for Progressive Packaging, LLC City Manager recommending approval of the contract with the Iowa Department of Economic Development for High Quality Jobs Program benefits on behalf of Progressive Packaging, LLC. ~. RESOLUTION ~~°` Approving a High Quality Jobs Program Agreement by and among the Iowa Department of Economic Development, the City of Dubuque, and Progressive Packaging, LLC Suggested Disposition: Receive and File; Adopt Resolution 8. Iowa 32 Eike/Hike Trail -Phase 1: Notice of Use Restriction City Manager recommending approval of the Notice of Use Restrictions for the Iowa 32 Bike/Hike Trail -Phase 1 as part of the Resource Enhancement and Protection (REAP) grant. ~. RESOLUTION ~' Approving the Notice of Use Restrictions related to Phase 1 of the Iowa 32 Bike/Hike Trail Suggested Disposition: Receive and File; Adopt Resolution 9. Quarterly Investment Report City Manager transmitting the June 30, 2008 Quarterly Investment Report. Suggested Disposition: Receive and File 10. Port of Dubuque Adams Development, LLC Communication from Brian J. Kane, counsel for Port of Dubuque Adams Development, LLC, requesting approval of a "Partial Assignment of Development Agreement for Security." Suggested Disposition: Receive and File; Refer to City Attorney Ayes Nays Connors Jones Lynch Resnick Voetberg Eraig Euol 4 11. State Historical Society of Iowa Communication from the State Historical Society of Iowa advising that the Interstate Power Company Building, 1000 Main Street, was listed in the National Register of Historic Places effective June 26, 2008. Suggested Disposition: Receive and File 12. Citizen Petition Petition from the residents of the 2200 block of Foye Street requesting that the street be changed to a one-way street from Lowell Street to Napier Street going from south to north. Suggested Disposition: Receive and File; Refer to City Manager 13. Citizen Communication Communication from Rosemary Timmerman expressing concerns over traffic enforcement on Dodge Street. Suggested Disposition: Receive and File; Refer to City Manager 14. Wartburg Theological Seminary I-Net User Agreement City Manager recommending approval of an I-Net User Agreement with Wartburg Theological Seminary. Suggested Disposition: Receive and File; Approve 15. Iowa Street Parking Ramp to NICC Building -Walkway Project City Manager recommending award of the public improvement contract for the Iowa Street Parking Ramp to NICC Building -Walkway Project to Portzen Construction in the amount of $67,346.07 and also approve the alternate bid for the guardrail in the amount of $1,500.00. ~~ ~,.~ RESOLUTION - ' ~'' Awarding public improvement contract for the Iowa Street Parking Ramp to NICC Building -Walkway Project Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Connors Jones Lynch Resnick Voetberg Braig Buol 5 16. PEG Capital Grant Expenditure Request City Manager recommending approval of one request for funding from the Capital Grant for Access Equipment and Facilities to install the necessary equipment to send the live feed of the County Board of Supervisors meetings to the CityChannel 8 control room at City Hall Annex via the I-Net. Suggested Disposition: Receive and File; Approve 17. Fly-By-Night Productions Communication from Michael D. Gibson, Fly-By-Night Productions, thanking the City Council for the recent Special Project Grant of $8,558 and General Operating Support Grant of $1,227. Suggested Disposition: Receive and File 18. City Development Board Communication from Steven R. McCann, City Development Board Administrator, submitting the Findings of Fact and Conclusions of Law and The Final Order filed by the City Development Board approving the voluntary annexation petition submitted by the City of Dubuque. Suggested Disposition: Receive and File 19. Assignment of Meter Reading Service Agreement City Manager recommending approval of the Assignment of the Meter Reading Service Agreement by Aquila, Inc. to Black Hills/Iowa Gas Utility Company, LLC d/b/a Black Hills Energy. Suggested Disposition: Receive and File; Approve Ayes Nays Connors Jones Lynch Resnick Voetberg Braig Buol 6 20. Liquor License Applications City Manager recommending approval of annual liquor license renewals as submitted. 9 RESOLUTION ~`~==' ~ Granting the issuance of a Class "B" Beer Permit to Tri- State Independent Blind Society and a Class "B" Beer Permit (5-Day Special Event) to Dubuque Jaycees RESOLUTION ~' ~ Granting the issuance of a Class "C" Beer/Liquor License to Ten Pin Tap and Shannon's Bar and Grill; a Special Class "C" Liquor License to Bell Tower Productions; and a Class "WBN" Native Wine Permit to Mandolin Inn and Casey's General Store #2420 Suggested Disposition: Receive and File; Adopt Resolutions Ayes Nays Connors Jones Lynch Resnick Voetberg Braig Buol 7 ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. Ayes°~~ Nays ~~'~` ~'Connors ~ Jones ~f Lynch ,~ Resnick ~`` Voetberg /' ; Braig t~' Buol f 1. U.S. Highway 52 Resurfacing - 32nd Street to the Northwest Arterial Project City Manager recommending initiation of the public bidding process for the U.S. Highway 52 Resurfacing - 32nd Street to the Northwest Arterial Project and that a public hearing be set for August 18, 2008 to consider approval of the plans and specifications, form of contract and estimated cost. RESOLUTIONf~~~ Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the U.S. Highway 52 Resurfacing - 32nd Street to the Northwest Arterial Project Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 8/18/08 2. Greater Downtown Urban Renewal District City Manager recommending that a public hearing be set for September 2, 2008 to consider an amendment to the Urban Renewal Plan for the Greater Downtown Urban Renewal District. RESOLUTION ~ ~ of Necessity finding that certain areas adjacent to the Greater Downtown Urban Renewal District meet the definition of a blighted area under the Urban Renewal law, and that development of said areas is necessary in the interest of the residents of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 9/2/08 8 3. Dubuque Brewing and Malting Company Urban Renewal District City Manager recommending that a public hearing be set for September 2, 2008 to consider creation of the Dubuque Brewing and Malting Urban Renewal District which would include approximately 14 acres of property located along Jackson Street. RESOLUTION ~~~ of Necessity finding that certain property bounded by 30tH Jackson, and 32n Streets and the Heritage Biking Trail is a blighted area and that the redevelopment of said area is necessary in the interest of the residents of the City of Dubuque, Iowa. Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 9/2/08 4. Spiegel Family Realty of Iowa, LLC -Development Agreement City Manager recommending that a public hearing be set for September 15, 2008 to consider approval of a Development Agreement with Spiegel Family Realty of Iowa, LLC for the construction of a 200,000 square foot speculative industrial building in Dubuque Industrial Center West. RESOLUTION (1) Approving the minimum requirements, competitive criteria, and offering procedures for the development and the sale of certain real property and improvements in the Dubuque Industrial Center Urban Renewal District; (2) Determining that the Development Agreement submitted by Spiegel Family Realty of Iowa, LLC satisfies the offering requirements with respect to the real property and improvements and declaring the intent of the City Council to approve the Development Agreement with Spiegel Family Realty of Iowa, LLC in the event that no competing proposals are submitted and further declaring the intent of the City Council to dispose of the real estate described herein upon the terms in the Development Agreement; and (3) soliciting competing proposals Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 9/15/08 9 BoARDS/coMMissio~s Applicants are invited to address the City Council regarding their desire to serve on the following Boards/Commissions; applicant appointments will be made at the next City Council meeting. Historic Preservation Commission (Langworthy District Interim Appointment) One 3-year vacant term through July 1, 2011 (Term of Wair~vvright) Applicant: Pamela Cleek, 285 Burch Street ~- TV Cable Community Teleprogramming Commission One 3-year expired term through June 30, 2011 (Term of Hoverman) Applicant: Sr. Carol Hoverman, 1555 White Street Appointments to the following Boards/Commissions: Housing Commission Three 3-year expired terms through August 17, 2011 Applicants: Linda Frommelt , 140 N. Algona Street William Helling, 4988 Red Violet Drive Lynn Sutton, 876 Yale Court f ~; ~` (Terms of Helling, Frommelt, Mozena) y Nays A~ e ~~ ~ onnors Jones ~F , Lynch Ei#=` Resnick ?Voetberg Craig Buol ..~ Library Board of Trustees (Mayor Appointment) One 4-year vacant term through July 1, 2011 (Term of Shubatt) Applicant: Matthew Seamer.,~432 Summi r Street `~~-.~ _ _.. Ayes Nays Connors Jones 10 Lynch Resnick Voetberg Braig Buol PUBLIC FIEARINCS Citizens are invited to address the City Council regarding the following agenda items. Please come to the podium and state your name and address when the item you wish to speak to is being considered. SUSPEND THE RULES Ayes Nays Connors .~ ~ ~ Jones r' 'Lynch Resnick ~' f,, Voetberg i Braig ~,. Buol 1. Petrakis Field Turf Replacement Project Proof of publication on notice of hearing to consider the plans and specifications, form of contract and estimated cost for the Petrakis Field Turf Replacement Repair Project and City Manager recommending approval. RESOLUTION ~~ Approving plans, specifications, form of contract, and estimated cost for the Petrakis Field Turf Replacement Project Suggested Disposition: Receive and File; Adopt Resolution Ayes f Nays Connors ~ Jones ' Lynch Resnick h Voetberg 6e., Braig Buol 11 2. Dubuque Industrial Center West -Demolition and Grading Project Proof of publication on notice of hearing to consider the plans and specifications, form of contract and estimated cost for the Dubuque Industrial Center West -Demolition and Grading Project and City Manager recommending approval. ~~ RESOLUTION ~- :~' Approving plans, specifications, form of contract, and estimated cost for the Dubuque Industrial Center West -Demolition and Grading Project Suggested Disposition: Receive and File; Adopt Resolution°`~ Ayes Nays ~~ ~` ~`~onnors ~~Jones ~~'°° Lynch Resnick ,~``f . ` , Voetberg ,~r'~ Craig ~%~ Buol 12 3. Terminal Street Pumping Station Project Proof of publication on notice of hearing to consider the plans and specifications, form of contract and estimated cost for the Terminal Street Pumping Station project and award of the contract to Morse Electric, in the amount of $552,200, and City Manager recommending approval. RESOLUTION ~~'`~ Approving plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Terminal Street Pumping Station Project RESOLUTION ~ M° ~ Awarding public improvement contract to Morse Electric for the Terminal Street Pumping Station Project `~.:. Suggested Disposition: Receive and File; Adopt Resolutions `~" ~ . .~ ..~ ~ - ,,Z~ ! ~ - a - ~ ~ ~"/ " ,/~ ,~ j J F f ~-~ .f,~` ,~ . , 1% ~, Ayes Nays ,~ ' ~ ~ . ~;, ~' Connors ,,~~~~-~ ~ - ~ ~ .!ones '.: -~ ,, f, ~~-;t./,`~,! Lynch `- ,~,~~ Resnick ' d1~ ~ , ~ ~~~~,p ,~~- ,~`- ~~~ ~ Voetberg ~~ " psi ~ , ~ ' ~.i Buog REINSTATE THE RULES This action limits discussion to the City Council. ,.Ayes ,€ Nays `Connors ~.. Jones Lynch ~~~' Resnick .Voetberg ~~'` ,,;~~ ,Braig ~~" `° Buol 13 ACTION ITEMS These are items where discussion is held by the City Council -public comments are not allowed except as authorized by the Mayor. , 1. Dodds River Terminal, Inc. Communication from Arthur F. Gilloon, representing Dodds River Terminal, Inc., requesting to address the City Council regarding the Dubuque Municipal River-Rail Terminal Lease dated April 10, 1979 and the Shorefront Lease and Easement dated May 31, 1958 (as amended on October 4, 1968). February 7, 2002 communication to Dodds River Terminals' attorney AI Hughes, from Public Works Director Mike Koch, advising for the record that the Dodds lease was set to expire on March 31, 2008 for both leases and that because of the redevelopment ~ taking place in the area, the City had no plans to extend the lease past this date. Suggested Disposition: ,Receive' and File; Refer to City Manager € ` ~ , ~~ ~ ` A~~~s" ~ iF E ~~ ~ ~ .. ~ ;Ayes Nays ..~`v ;Connors ,: , , - Jones ` 1 ' ~' ~ ~~ ..~ f Lynch `~ ~ ~` Resnick ~ r ,,x', Voetberg F, ,~' .~y,Braig /~ !! f ~ ~ ~ ~ ~~l i r~ ~ ~ e~ ~ ~F ~~ ._ ~. S - ~-' r ~ 1, ~ I ~f' ~ ~~ ~~~~ ~1 ! ~ I ~-' i ,', ~! ~ ( [ ~ ~ r, ~ ~ a ~ ~ ( 1 ,~j~ , ( `i ~/` ~~ ~ '~ r 14 E '... d ~ j_ ~ '. r~ r, ` C` '`t g ~ ~ t -~~ ~ ~ ~ r ~ ~ 1 ~ ~ ~~ ~ ~ ~~~ ~ .& ~ R ~~ `` u``` ` , ,~ ~ ~~ ` , 1 ~~ ~ ~ ~~ ~ ~ "' ' ~ '~ '' ' ~ ~ ~ ,. r ~ ~ ', , ~ ~ ~ ~ ~~ ~~~ ~ , ~ ~ ~~ ~ ~ ~ ~~ ~ ~ , `' ~ ~ ~ € c ~ ~ `~ , ~' t `5 1 t ~\! ~ q ~ ` ~ b ~ ~~ ~ 1 ~ ~ 666 o f ~ ~ t~i. O~ ~ t 1 ~ // {{ ~ 1 ~ kr /// b f 1 i f ~ f ~ ~~ e\' ~ , ~ •- ~ ~( 1 t~ c ~ ~ I ` ~~ ~ ~ ~ ~ ~ i FFF ~~ i ~ E ~ - ~ ~ 1~ d ~ ~ ° ~ i l \ 1 ~l t j s~ ~4 3 i p ~~ ,, 1 V k}} t t~ ~ ' ,{l„~ ~' 4 E "~ ~~~ 2. Keymont Drive -Request t~ Rezone (First Reading on July 21, 2008) ORDINANCE ~~ %~ ~~~ ~~ Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located east of Keymont Drive from R-1 Single-Family Residential District to R-2 Two-Family Residential District Communication from Charles Daoud, dated July 26, 2008, responding to City Council questions regarding the proposed rezoning. Communication from Charles Daoud, dated July 25, 2008, offering to organize an educational seminar on "green designs" in partnership with Eric Schmechel (Dubuque Soil and Water Conservation District) and Wayne Peterson (Iowa Department of Agriculture Land Stewardship). Communication from City Manager in response to Mr. Daoud regarding the educational seminar. Communication from Kenneth Buesing submitting responses to comments made at the July 21, 2008 public hearing regarding the request to rezone property on Keymont Drive. Communication from Donna Smith requesting that residents of Key Knolls Subdivision area, including Kyle Stewart and Dean Reichmann, be allowed to address the City Council regarding the rezoning of property on Keymont Drive. Suggested Disposition: Receive and File; Motion B; Motion A ` ' 'j ~ ~ x ~ A Na s ' <. _ y ,~ ye~~ ~~ ~ "Con n ors ~ s f~;,t ~ ~ ~,~ , , a ~ ~ ~ - ~~ ,Jones ~~_ ,.~ ~ ~ ~` Lynch ° ~ ~ l ~ ~ Resnick t`"' f ~"' 'Voetb g' " ~ ~°' ~~Brai I ` A ~'~ BUO~ '` ` ' ~ ~ ~ ` S i ~ t i , E[ ~x ~ t ~.~ ~ ~+l",x ~ ~~ ~ - j ~ - l~ ~ r e £ i 1, 4 ~'! ~ ~ ~ o ' ~ ¢( f ~ ~ ~ ~ } S»~ 15 Atye , Nays Connors ,~ e.,: Jones ~.~ ,, Lynch f g Resnick ~, ,~- Voetberg ,~ Braig .~,Buol 16 `~~ ~. } ~~} ~~ ~~ e` r- ~. t`. ~~ . ~~ k. r ° ~ } ,~ „.~ t 4 t~, ~~~ ~ ~ ~ 4 t ~~' ~~~~`` t" ~~ ;\ ~. i ., `~ ~~~` ~Q ~ ~, ~!, ~ a~ ~` , ~ ~ ~~ ~' ~~ ~~ ~~~ A ~ ~.! f ~~ ~ ~ ~ ~r 1 ° R~` 1 °r 3 ~' i ~~~~~ 6M A F~ !0 ~ i, ~ ~ 1 ~~~ ~ ~~~ t ,1 ~ ~~ ~~ ~ ~, }}~~ ~t`I ~ ... ~0 ,9; t ~. ~~ ~ ~ 4k ~t 4 ;§~ t ,~ r 3. Advisory Design Review -Five Points Building Communication from the Historic Preservation Commission requesting that City Council allow the Commission to conduct advisory design review of the future Walgreen's to be located at the current Five Points building site. Suggested Disposition: Receive and File; Council ' ~. ,rCa/> ~` "~ .1.. i ,Ay Nays ~ ~ ` A ~~, ~` Connors f ~,!~` ;, f ~. ,Jones ~ ,Lynch % , ~ r"Resnick " d~ Voetberg ..~~;~" Braig ~, } ~ Buol ~'~~ ~ ~ _~ ..~` 4. Contract for Services -Project HOPE City Manager recommending approval of a contract with the Community Foundation of Greater Dubuque to provide staff support to the City's Project HOPE (Helping our - People Excel) initiative. ~~ e Suggested Disposition: Receive and File; Approve Ayes Nays Connors -~ Jones Lynch ,Resnick '~Voetberg Braig ~ Buol 18 °~ ,. ~4 ~A ~ 4 ~' ~ k f / f t '' 5. Green Alley Pilot Project City Manager recommending initiation of the public bidding process for the Green Alley Pilot Project and that a public hearing be set for August 18, 2008 to consider approval of the plans and specifications, form of contract and estimated cost and further proposing that this pilot project not be an assessable project. RESOLUTION °~ °~ ~- ~ Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Green Alley Pilot Project Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 8/18/08 ~, Ayes Nays ~~, Connors ,i `F ~` .Jones ~' Lynch . ~ z ~'.~ ~: _p- ~~ ~ Resnick Voetberg r`'~ Braig '' Buol "` ~~~~' /' ` far ~~ } ~ ~ ~/ ~ ~ '° if 'E `~ ~,~ti ,' ,~f, ~~ , 'r'~ ~ ~ z; ,; _ ~ `, _. ;, kE 19 6. Riverfront Marina Project City Manager recommending approval of in the selection of JJR, from Madison, Wisconsin, as the professional design consultant for the Port of Dubuque -Riverfront Marina Project. Suggested Disposition: Receive and File; Approve Ayes Nays ~~ Connors ~'~ ,. Jones ~"~ ,:' Lynch ,~`~ , ~ ~`° Resnick /' Voetberg .~ Braig 't Buol 7. Purchase of Services Work Session City Manager requesting that a new date be selected for the Purchase of Services work session. '~ Suggested Disposition: Receive and File; Council ,, ye Nays , . °~ Connors ~,~ • ;~ Jones Lynch ' e~'` Resnick .~~'~ -Voetberg 'l ~,~' . '¢raig ~ `'Buol ~~ ~; f 20 ~~ P ~~9 V ~~ •~,...~ F ~'i ,~ ~~ E; ~ , ~? t ~ ~ ~ ~~` ~` ~~ ~~ar ~~~ ~ ~~ `" ~ w ~ ~ E w i ~B r. ,~ ¢ ~ ~~~ t~ ~1 4 `~ ~ ~~. ~ . ~; ~ ,~ °~ ~~ ~. ~~ COUNCIL MEMBER REPORTS PUBLIC INPUT At this time, anyone in the Council Chambers may address the Council on matters which are of concern to that person and which are not an agenda item. Please take your place at the microphone and state your name and address clearly. Proceed with your comments; however, no formal action may be taken at this time on your comments because of the notice requirements of the Iowa Open Meetings Law. CLOSED SESSION Pending Litigation and Property Acquisition -Chapter 21.5(1)(c)Q) 2007 Code of Iowa ~ 3 .:~ ~ Motion to go into Closed Session at ~ °~ ~ '~~` , ~ ` /,' A l fA ~,~~ ~' p~ Ayes Nays ;'~ t~ ~~ r.°' ..Connors ~ Jones `` ' j ~; ~ Lynch ,;~° ,~ ~'~ Resnick ~ '' ~Voetberg ~ ~~ ~~, ~ ~~raig :~ ~` Buol ~; , ; , Motion to adjourn at ~ y%~~- Ayes Nays Connors Jones Lynch Resnick Voetberg Braig Buol 21