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8 4 08 City Council Proceedings Official CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on August 4, 2008 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session called for the purpose of discussing such matters which may properly come before the City Council. Invocation was provided by Pastor Terry Bemis, Assembly of God Church. PROCLAMATIONS Tour de Dubuque Day (August 23, 2008) was accepted by Mike Martin and Gene Rokusek; Responsible Gaming Week (August 4 – 8, 2008) was accepted by Carrie Tedore, Diamond Jo Casino; and Jesus Aviles, Dubuque Greyhound Park and Casino. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Braig. Motion carried 7-0. 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 Upon motion the documents were received and filed. 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 Upon motion the documents were received and filed and referred to the 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. Upon motion the documents were received and filed and concurred 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. Upon motion the document was received and filed. thth Advisory Design Review - Locust Street Resurfacing Project from 9 to 17 Streets: Communication from the Historic Preservation Commission recommending approval of the Locust thth Street Resurfacing Project from 9 to 17 Streets. Upon motion the documents were received, filed, and approved. Historic District Public Improvement Project (HDPIP) Funding – Four Mounds 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. Upon motion the documents were received, filed, and approved. 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. Upon motion the documents were received, filed, and approved. 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. Upon motion the documents were received and filed and Resolution No. 251-08 Approving a High Quality Jobs Program Agreement by and among the Iowa Department of Economic Development, the City of Dubuque, and Progressive Packaging, LLC, was adopted. RESOLUTION NO. 251-08 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 Whereas, Progressive Packaging, LLC application was approved by the Iowa Department of Economic Development on March 20, 2008; and Whereas, the Iowa Department of Economic Development has prepared and submitted for City Council approval an agreement relating to High Quality Job Program benefits for Progressive Packaging, LLC a copy of which is attached hereto and by this reference made a part hereof; and Whereas, the City Council finds that the proposed agreement is acceptable and necessary to the growth and development of the city. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Iowa Department of Economic Development Enterprise Zone Program Agreement, Number 08-HQJC-045, is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Agreement on behalf of the City of Dubuque and forward the executed copy to the Iowa Department of Economic Development for their approval. th Passed, approved and adopted this 4 day of August, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Iowa 32 Bike/Hike Trail – Phase I: 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. Upon motion the documents were received and filed and Resolution No. 252-08 Approving the Notice of Use Restrictions related to Phase 1 of the Iowa 32 Bike/Hike Trail was adopted. 2 RESOLUTION NO. 252-08 RESOLUTION APPROVING THE NOTICE OF USE RESTRICTIONS RELATED TO PHASE 1 OF THE IOWA 32 BIKE/HIKE TRAIL Whereas, the Iowa Department of Natural Resources provided the City of Dubuque with a Resource Enhancement and Protection (REAP) grant for construction of Phase 1 of the Iowa 32 (Northwest Arterial) Bike/Hike Trail; and Whereas, the City of Dubuque agreed to abide by all local, state and federal requirements applicable to the REAP grant for said trail project; and Whereas, the REAP grant agreement (#06-R4-PH) between the Iowa Department of Natural Resources and the City of Dubuque requires that the City of Dubuque maintain said project for its designated use as a public trail for a minimum of twenty-five (25) years. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby agrees to the terms of the Notice of Use Restrictions provided by the Iowa Department of Natural Resources for Phase 1 of the Iowa 32 Bike/Hike Trail. Section 2. The City Clerk is authorized to record said Notice of Use Restrictions with the Dubuque County Recorder. th Passed, approved and adopted this 4 day of August, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Quarterly Investment Report: City Manager transmitting the June 30, 2008 Quarterly Investment Report. Upon motion the document was received and filed. 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.” Upon motion the document was received and filed and referred to the City Attorney. 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. Upon motion the document was received and filed. 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. Upon motion the document was received and filed and referred to the City Manager. Citizen Communication: Communication from Rosemary Timmerman expressing concerns over traffic enforcement on Dodge Street. Upon motion the document was received and filed and referred to the City Manager Wartburg Theological Seminary I-Net User Agreement: City Manager recommending approval of an I-Net User Agreement with Wartburg Theological Seminary. Upon motion the documents were received, filed, and approved. 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 3 alternate bid for the guardrail in the amount of $1,500.00. Upon motion the documents were received and filed and Resolution No. 253-08 Awarding public improvement contract for the Iowa Street Parking Ramp to NICC Building – Walkway Project was adopted. RESOLUTION NO. 253-08 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Iowa Ramp to NICC Elevated Walkway Project pursuant to Resolution No. 248-08 and a notice to bidders was published in a newspaper published in the City of Dubuque, Iowa as required by law. th Whereas, sealed bids were opened and read on the 24 day of July, 2008, and it has been determined that the base bid of Portzen Construction in the amount of $67,346.07 and alternate # 1 in the amount of $1500.00 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Portzen Construction, Inc., and the City Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. th Passed, approved and adopted this 4day of August, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 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. Upon motion the document was received, filed, and approved. 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. Upon motion the documents were received and filed. 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. Upon motion the documents were received and filed. 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. Upon motion the documents were received, filed, and approved. Liquor License Applications: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 254-08 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 and Resolution No. 255- 08 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 were adopted. 4 RESOLUTION NO. 254-08 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved: and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS “B” BEER PERMIT Tri-State Independent Blind Society Tri-State Blind Society 3333 Asbury Road CLASS “B” BEER PERMIT(5-DAY SPECIAL EVENT) Dubuque Jaycees Dubuque Jaycees Town Clock Plaza th Passed, approved and adopted this 4 day of August, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 255-08 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS “C” BEER/LIQUOR LICENSE Haggerty Enterprises, Inc. Ten Pin Tap+(Sunday Sale) 601 Rhomberg Avenue Shannon’s Bar & Grill Shannon’s Bar & Grill+(Sunday Sale) 521 E 22 nd Street SPECIAL CLASS “C” LIQUOR Bell Tower Productions Bell Tower Productions+(Sunday Sale) 2728 Asbury Road CLASS “WBN” NATIVE WINE Mandolin Inn Mandolin Inn 199 Loras Blvd. Casey’s Marketing Company Casey’s General Store # 2420 2699 Rockdale Road Passed, approved and adopted this 4th day of August, 2008 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ITEMS TO BE 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 Connors. Motion carried 7-0. nd U.S. Highway 52 Resurfacing – 32 Street to the Northwest Arterial Project: City Manager nd recommending initiation of the public bidding process for the U.S. Highway 52 Resurfacing – 32 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. Upon 5 motion the documents were received and filed and Resolution No. 256-08 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and nd ordering bids for the U.S. Highway 52 Resurfacing – 32 Street to the Northwest Arterial Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 18, 2008 in the Historic Federal Building. RESOLUTION NO. 256-08 US 52 RESURFACING PROJECT - 32ND STREET TO THE NORTHWEST ARTERIAL PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the US 52 Resurfacing Project – 32nd Street to the Northwest Arterial, in the estimated amount $846,678.02, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. th A public hearing will be held on the 18 day of August, 2008, at 6:30 p.m. in the Historic Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and 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 US 52 Resurfacing Project – 32nd Street to the Northwest Arterial 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 improvements herein provided, by publishing the attached Notice to Bidders to be published 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 st 21 day of August, 2008. Bids shall be opened and read by the City Clerk at said time and will be nd submitted to the City Council for final action at 6:30 p.m. on the 2 day of September, 2008, in the th Historic Federal Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa. th Passed, adopted and approved this 4 day of August, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 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. Upon motion the documents were received and filed and Resolution No. 257-08 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, was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 2, 2008 in the Historic Federal Building. 6 RESOLUTION NO. 257-08 A 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 . Whereas, the City Council of the City of Dubuque has heretofore, by Resolution No. 597-07 adopted on December 17, 2007, approved the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District (a merger of the Downtown Dubuque and Ice Harbor Urban Renewal Districts) (the “District”) in order to provide redevelopment opportunities which will further the purposes and objectives of the foregoing Urban Renewal Plan; and Whereas, the City Council has found that certain areas adjacent to the District meet the definition of a blighted area as found in Chapter 403 "Urban Renewal" of the Iowa Code; and Whereas, Chapter 403 of the Iowa Code requires that before urban renewal authority may be exercised, a City Council must adopt a resolution of necessity finding that the area in question is a slum, blighted or economic development area, and that so designating such area is necessary in the interest of the public health, safety or welfare of the residents of the municipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the following described area, which is proposed to be added to the Greater Downtown Urban Renewal District, is a blighted area as defined by Chapter 403 of the Iowa Code and is appropriate for an urban renewal project, to wit: 1) South Port Subarea Beginning at a point of reference at the northwest corner of lot 2AA of Cooper Wagon Works Block in the City of Dubuque, Dubuque County Iowa, said pint being on the southerly right of way line of East First Street; Thence southeasterly along the southerly right of line of East First Street and extension thereof to the municipal limits of the City of Dubuque; Thence southerly along said municipal limits to a point of intersection with the southern right of way line of Railroad Ave. extended easterly; Thence southwesterly along said right of way line extension there to the southeast corner of lot A, Block 15 Dubuque Harbor Company’s Addition; Thence northwesterly along the easterly line of said Lot A to the northerly right of way line of Railroad Ave., and south line of lot 1 of 5 of Block 27 Dubuque Harbor Company’s Addition; Thence northwesterly along the westerly lines of lots 1 of 5, 1 of 4, 1 of 3, 1 of 2 and 1 of 1 of said Block 27 to the south line of lot 4A of said Block 17; Thence westerly to the easterly right of way line of vacated Water Street; Thence northwesterly along said easterly line to the southwesterly corner of lot 2 of said Block 17; Thence westerly along the extension of the southerly line of said Lot 2 to the westerly line of Vacated Water Street; Thence southeasterly along said westerly right of way line to the southerly corner of lot 2 of Block 18 of Dubuque Harbor Company’s Addition; Thence northwesterly along the westerly line of said lot 2 to a point of intersection with the southerly right of way line of vacated Charter St; Thence southwesterly along said right of way line and extension thereof the centerline of South Main Street; 7 Thence northwesterly along said centerline to the northerly line of lot 5, Block 13 Dubuque Harbor Company’s Addition extended northeasterly; Thence southwesterly along said line to the easterly line of lots 7 and 8 of said Block 13; Thence southeasterly along the easterly lines of said lots 7 & 8 and extension thereof to the centerline of Charter Street; Thence southwesterly along said centerline to the centerline of Salina Street; Thence northwesterly along said centerline to the northerly line of lot 1 of 3 of Block C of Industrial Sub. No. 1 extended northeasterly; Thence southwesterly along the northerly lines of said lot 1 of 3 and Lot 2 of said Block C extended to the westerly right of way line of Harrison St.; Thence northerly along the easterly line of the West Part of Lot 1 of 1 of 1 of 1 of P.J. Seippel Lumber Company Place; Thence westerly along the southerly lines of lots 1 of 1 of 2 of 1 and Lot 2 of 1 of 2 of 1 and extension thereof to the centerline of relocated South Locust St; Thence northerly along said centerline to the centerline of Dodge St; Thence easterly along said centerline of Dodge Street to a point of intersection with the westerly line of Lot E of vacated Shields Street extended southerly; Thence northerly along said westerly line to the northwest corner of said lot E; Thence easterly along the north line of said lot E and Lot 6 Block 11 of Dubuque Harbor Company’s Addition and extension thereof to the centerline of Main Street; Thence southeasterly along the centerline of Main St. to the centerline of Dodge Street; Thence easterly along the centerline of Dodge St to the intersection of Highway 61/151; Thence northwesterly along said centerline to a point of intersection with the southerly right of way line of East First Street; Thence southeasterly along said right of way line to the point of beginning. Section 2. That the development of the above-described expansion area is necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning and local community objectives. Section 3. That the City Manager is authorized and directed to prepare an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District for the purpose of including the above-described areas in the District, to forward said amendment to the City's Long Range Planning Commission for review and comment, and to begin the consultation process required by law with affected taxing entities. Section 4. That the City Clerk is directed to publish notice of a public hearing on the adoption of the proposed Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District to be held on September 2, 2008 at 6:30 p.m. in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa 52001 and that said notice shall generally identify the areas covered by the Amended and Restated Plan, the areas proposed to be added to the District, and the general scope of the urban renewal activities planned for such areas, and that said notice shall be published and available to the public on August 22, 2008. Section 5. That the City Clerk is further directed to send by ordinary mail a copy of said Plan and notice of public hearing to the Dubuque Community School District, the County Board of Supervisors and the Northeast Iowa Community College, as the affected taxing entities. th Passed, approved, and adopted this 4 day of August, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 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 8 and Malting Urban Renewal District which would include approximately 14 acres of property located along Jackson Street. Upon motion the documents were received and filed and Resolution th No. 258-08 Resolution of Necessity finding that certain property bounded by 30, Jackson, and nd 32 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, was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 2, 2008 in the Historic Federal Building. RESOLUTION NO. 258-08 TH A RESOLUTION OF NECESSITY FINDING THAT CERTAIN PROPERTY BOUNDED BY 30, ND JACKSON, AND 32 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 . Whereas, the City Council has determined that the active redevelopment of underutilized industrial areas is a beneficial use of existing industrial land that will enhance the City's ongoing economic development efforts; and Whereas, the City Council has determined that the active redevelopment of underutilized industrial areas is a beneficial use of existing industrial land that will enhance the City’s ongoing economic development efforts; and Whereas, the City Council has determined that the area described in Section 1 below meets the definitions of a blighted area as defined in Chapter 403 “Urban Renewal” of the Iowa Code; and Whereas, the Dubuque Brewing & Malting Company building is a significant structure in the North End Neighborhood and will need assistance to preserve the building; and Whereas, Chapter 403 of the Iowa Code requires that before urban renewal authority may be exercised, a City Council must adopt a resolution of necessity finding that the area in question is a slum, blighted or economic development area, and that so designating such area is necessary in the interest of the public health, safety or welfare of the residents of the municipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the following described area is a blighted area as defined by Chapter 403 of the Iowa Code and is appropriate for an urban renewal project, to wit: Lot 1-1-4, Lot 2-1-4, Lot 2-4, Balance of Lot 4, Lot 5, Lot 2-6, Lot 2-7 and Lot 1-1-3-8 all of Mineral Lot 322 in the City of Dubuque, Dubuque County, Iowa; and Lots A, B, C, D, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 all in Liebe’s Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa; and Lot 1-1, Lot 2-1, Lot 2, Lot 3 and Lot 4 all in Liebe’s Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa; and also including public right-of-way abutting thereto (hereinafter called the Dubuque Brewing & Malting Urban Renewal District). Section 2. That the redevelopment of the Dubuque Brewing & Malting Urban Renewal District for historic revitalization and expanded industrial use is necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning and local community objectives. Section 3. That the development of this area will provide new opportunities for industrial expansion and job creation in the community. Section 4. That the City Manager is authorized and directed to prepare an Urban Renewal Plan for the Brewing & Malting Urban Renewal District, to forward said Plan to the City's Long Range Planning Commission for review and comment and to begin the consultation process required by law with affected taxing entities. Section 5. That the City Clerk is directed to publish notice of a public hearing on the adoption of nd an Urban Renewal Plan for the Brewing & Malting Urban Renewal District to be held on the 2 day 9 th of September, 2008, at 6:30 p.m. in the Historic Federal Building in Dubuque, Iowa, 350 W. 6 Street, Dubuque, Iowa and that said notice shall generally identify the area covered by the Plan and the general scope of the Urban Renewal Plan activities planned for such area. Section 6. That the City Clerk is further directed to send by ordinary mail a copy of said Plan and notice of public hearing to the Dubuque Community School District, the County Board of Supervisors and the Northeast Iowa Community College, as the affected taxing entities. th Passed, approved, and adopted this 4 day of August 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 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. Upon motion the documents were received and filed and Resolution No. 259-08 (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 was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 15, 2008 in the Historic Federal Building. OFFICIAL NOTICE RESOLUTION NO. 259-08 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 . Whereas, the City Council of Dubuque, Iowa, did on April 7, 2008 adopt an Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Urban Renewal District (“the Plan”) for the Urban Renewal Area described therein; and Whereas, the Plan provides, among other things, for the disposition of properties for private development purposes as a proposed economic development action; and Whereas, Spiegel Family Realty of Iowa, LLC (“Developer”) has submitted to the City a Development Agreement with a proposal for the purchase of certain real property and improvements hereinafter described for the constructed as described therein (“the Development 10 Agreement ”), together with the request that this property be made available for sale as rapidly as possible; and Whereas, in order to establish reasonably competitive bidding procedures for the disposition of the property in accordance with the statutory requirements of Iowa Code Chapter 403, specifically, Section 403.8, and to assure that the City extends a full and fair opportunity to all developers interested in submitting a proposal, a summary of submission requirements and minimum requirements and competitive criteria for the property offering is included herein; and Whereas, said Developer has tendered the Development Agreement with the City, attached hereto as Exhibit “A”; and Whereas, to recognize both the firm proposal for purchase of the real property and improvements, as described above, and to give full and fair opportunity to other developers interested in submitting a proposal for the use of the property, this Council should by this Resolution: 1) Set the fair market value of the real property for uses in accordance with the Plan; 2) Approve the minimum requirements and competitive criteria included herein; 3) Approve as to form the Development Agreement attached hereto as Exhibit “A”; 4) Set a date for receipt of competing proposals and the opening thereof; 5) Declare that the proposal submitted by Developer satisfies the minimum requirements of the offering, and that in the event no other qualified proposal is timely submitted, that the City Council intends to approve such proposal and authorize the City Manager to sign the Development Agreement and the Land Contract; and direct publication of notice of said intent; 6) Approve and direct publication of a notice to advise any other person of the opportunity to compete for sale of the real property and improvements on the terms and conditions set forth herein; and 7) Declare that in the event another qualified proposal is timely submitted and accepted, another and future notice will be published on the intent of the City to enter into the resulting contract, as required by law; and Whereas, the City Council believes it is in the best interest of the City and the Plan to act as expeditiously as possible to sell the real property as set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real property located in the Dubuque Industrial Center West and legally th described as Lots 1-3 and 2-3 of the 5 Addition in Dubuque Industrial Center West (“the Property”) shall be offered for sale in accordance with the terms and conditions contained in this Resolution. Section 2. That it is hereby determined that in order to qualify for consideration for selection, any person must submit a proposal which meets these minimum requirements: a) Contains an agreement to purchase the Property at not less than fair market value established herein; b) Contains a commitment to purchase the Property for uses allowed in the Dubuque Industrial Center West; c) Sets out or provides to the satisfaction of the City Council the experience of the principals and key staff who are directly engaged in performance of contract obligations in carrying out projects of similar scale and character; and d) Meets, at a minimum, the terms and conditions of the Development Agreement submitted by the Developer including an agreement to construct a 200,000 sq. ft. tilt up concrete building with 30 foot side walls at a project cost of not less than $7.7 million. Section 3. That the Development Agreement by and between the City and the Developer be and 11 is hereby approved as to form for the purposes hereinafter stated. Section 4. That for the purpose of defining the offering of the Property for sale, said Development Agreement shall be deemed to be illustrative of the terms acceptable to the City with respect to: a) Sale Price; b) Construction of minimum improvements; c) City participation; d) Developer obligations; and e) General terms and conditions Section 5. That the Development Agreement submitted by the Developer satisfies the requirements of the offering and, in the event that no other qualified proposals are timely submitted that the City Council intends to accept and approve the Sale. Section 6. That it is hereby determined that the Developer possesses the qualifications, financial resources and legal ability necessary to purchase the Property and to manage and operate the Property in the manner proposed by this offering in accordance with the Plan. Section 7. That the land contract payments for the Property offered by the Developer are hereby found and determined to be the fair market value of the leasehold interest being conveyed. Section 8. That the City Clerk shall receive and retain for public examination the attached Development Agreement submitted by the Developer and, in the event no other qualified proposals are timely submitted, shall resubmit the Development Agreement to the City Council for final approval and execution upon expiration of the notice hereinafter prescribed. Section 9. That the action of the City Council be considered to be and does hereby constitute notice to all concerned of the intention of this Council, in the event that no other qualified proposals are timely submitted, to accept the proposal of the Developer to purchase the Property and to approve the Development Agreement by and between City and Developer. Section 10. That the official notice of this offering and of the intent of the City, in the event no other qualified proposals are timely submitted, to approve the Development Agreement, shall be a true copy of this Resolution, but without the attachments referred to herein. Section 11. That the City Clerk is authorized and directed to secure immediate publication of said official notice in the Telegraph Herald, a newspaper having a general circulation in the community, by publication of the text of this Resolution without attachments on or before the 8th day of August, 2008. Section 12. That written proposals for the purchase of the Property will be received by the City Clerk at or before 10:00 a.m., September 10, 2008 in the Office of the City Clerk, located on the first floor at City Hall, Dubuque, Iowa 52001. Each proposal will be opened at the hour of 10:00 a.m. in City Hall, Dubuque, Iowa on September 10, 2008. Said proposals will then be presented to the City Council at 6:30 p.m., September 15, 2008, at a meeting to be held in the Historic Federal th Building, Council Chambers at 350 West 6 Street, Dubuque, Iowa. Section 13. That such offering shall be in substantial conformance with the provisions of Iowa Code Section 403.8, requiring reasonable competitive bidding procedures as are hereby prescribed, which method is hereby determined to be the appropriate method for making the Property available for sale. Section 14. That the required documents for the submission of a proposal shall be in substantial conformity with the provisions of this Resolution. Section 15. That the City Clerk is hereby nominated and appointed as the agent of the City of Dubuque, Iowa to receive proposals for the sale of the Property at the date and according to the procedure hereinabove specified for receipt of such proposals and to proceed at such time to formally acknowledge receipt of each of such proposals by noting the receipt of same in the Minutes of the Council; that the City Manager is hereby authorized and directed to make 12 preliminary analysis of each such proposal for compliance with the minimum requirements established by this Council hereinabove. For each proposal that satisfies these requirements, the City Council shall judge the strength of the proposal by the competitive criteria established hereinabove. The City Council shall then make the final evaluation and selection of the proposals. Section 16. That in the event another qualified proposal is timely submitted and accepted by the City, another and further notice shall be published of the intent of the City of Dubuque, Iowa, to enter into the resulting agreement, as required by law. th Passed, approved and adopted this 4 day of August, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk (Published in the Telegraph Herald on August 8, 2008) BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions: Historic Preservation Commission (Langworthy District Interim Appointment): One 3-year vacant term through July 1, 2011 (Term of Wainwright). Applicant: Pamela Cleek, 285 Burch Street. Ms. Cleek spoke in support of her appointment. TV Cable Community Teleprogramming Commission: One 3-year 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 terms through August 17, 2011 (Terms of Helling, Frommelt, Mozena). Applicants: Linda Frommelt , 140 N. Algona Street; William Helling, 4988 Red Violet Drive; Lynn Sutton, 876 Yale Court. Motion by Connors to appoint Linda Frommelt, William Helling, and Lynn Sutton to 3-year terms through August 17, 2011. Seconded by Braig. Motion carried 7-0. Library Board of Trustees (Mayor Appointment): One 4-year vacant term through July 1, 2011 (Term of Shubatt). Applicant: Matthew Seamer, 432 Summit Street; Additional applicant: David Hammer, 720 Laurel Park Road. Upon concurrence from the City Council, Mayor Buol appointed David Hammer to a 4-year term through July 1, 2011. PUBLIC HEARINGS Upon motion the rules were reinstated limiting discussion to the City Council. 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. Motion by Jones to receive and file the documents and adopt Resolution No. 260-08 Approving plans, specifications, form of contract, and estimated cost for the Petrakis Field Turf Replacement Project. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 260-08 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE PETRAKIS FIELD INFIELD TURF REPLACEMENT PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Petrakis 13 Field Infield Turf Replacement Project, in the estimated amount of $190,000, are hereby approved. Passed, approved and adopted this 4th day of August, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 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. Motion by Connors to receive and file the documents and adopt Resolution No. 261-08 Approving plans, specifications, form of contract, and estimated cost for the Dubuque Industrial Center West – Demolition and Grading Project. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 261-08 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE DUBUQUE INDUSTRIAL CENTER WEST – NORTH SIEGERT FARM PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Dubuque Industrial Center West - North Siegert Farm Project, in the estimated amount $5,371,850.00, are hereby approved. th Passed, adopted and approved this 4 day of August, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 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. Motion by Jones to receive and file the documents and adopt Resolution No. 262-08 Approving plans, specifications, form of contract, and estimated cost; Resolution No. 263-08 Awarding public improvement contract to Morse Electric for the Terminal Street Pumping Station Project; and Resolution No. 264-08 Approving the construction contract for the Terminal Street Pumping Station Improvement Project. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 262-08 AWARDING CONSTRUCTION CONTRACT FOR THE TERMINAL STREET PUMPING STATION IMPROVEMENTS PROJECT Whereas, sealed proposals have been submitted by contractors for the Terminal Street Pumping Station Improvements Project pursuant to Resolution No. 201-08 and TH notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 17 day of June, 2008. th Whereas, said sealed proposals were opened and read on the 17 day of July, 2008, and it has been determined that the bid of Morse Electric of Dubuque, Iowa, in the amount of $552,200 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvements be awarded to Morse Electric and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete 14 performance of the work. BE IT FURTHER RESOLVED that upon the signing of said contract and the approval of the contractor’s bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. th Passed, approved and adopted this 4 day of August, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 263-08 ADOPTING PLANS AND SPECIFICATIONS th Whereas, on the 16 day of July, 2008, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Terminal Street Pumping Station Improvements Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. th Passed, adopted and approved this 4 day of August, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 264-08 APPROVING CONSTRUCTION CONTRACT WITH FOR THE TERMINAL STREET PUMPING STATION IMPROVEMENTS PROJECT Whereas, the City Council by Resolution No. 201-08 awarded the construction contract for the Terminal Street Pumping Station Improvements Project to Morse Electric; and Whereas, Morse Electric has submitted the attached executed contract and bond. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. The contract and bond attached hereto are hereby approved. 2. The City Manager is hereby authorized and directed to execute the contract on behalf of the City of Dubuque. th Passed, approved and adopted this 4 day of August, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS 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 Al Hughes, from Public Works Director Mike Koch, advising for the record that the Dodds lease was set to expire on March 15 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. Motion by Connors to receive and file the documents and refer to the City Manager. Seconded by Braig. Attorney Art Gilloon, 770 Main Street, spoke on behalf of his client, Dodds River Terminal. Mr. Gilloon reviewed the information distributed to City Council agenda highlighting Exhibits G and H and follow-up letters regarding the leases’ expiration dates. Mr. Gilloon believes the extension dates of the leases are in dispute, and his client is exercising their right to extend. He requested City Council to direct the City Manager to meet with Mr. Dodds and re-evaluate their position on the first lease and agree to rent the land on which the Dodds’ building stands until definite plans are made for the South Port. He asked the City Council to please consider both leases together and provide his client with the right of first refusal. Van Milligen informed the City Council that he had contacted Dodds regarding a meeting, but had not received a response. Motion carried 7-0. Keymont Drive – Request to Rezone (First Reading on July 21, 2008): Proposed 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. Motion by Connors 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 Jones. Motion carried 7-0. Kyle Stewart, 1815 Keyway Drive, spoke in opposition to the proposed ordinance on behalf of area residents and distributed a letter and geological map. Charles Daoud, 396 Moore Heights, spoke in support of the proposed ordinance and provided information on the educational seminars. Responding to questions by Council, City Engineer Gus Psihoyos stated that the City will work with the developer and the City’s Public Works Department to make this sustainable pilot project work and that there is not enough traffic on Keymont Street to warrant a traffic study. Connors stated that the issue of plowing and maintaining pavers is successfully handled in other cities. Jones stated that the City Council was not waiving any design standards because the project will go through the required design review process. Voetberg questioned if there was a signed agreement committing the developer to a sustainable design. Buol stated that this is a great sustainable project with a committed developer. Motion by Connors for final consideration and passage of Ordinance No. 53-08 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. Seconded by Braig. Motion carried 6-1 with Voetberg voting nay. 16 OFFICIAL PUBLICATION ORDINANCE NO. 53-08 AN 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 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from R-1 Single-Family Residential District to R-2 Two-Family Residential District, to wit: Lot 1 of 2 of 2 of Westview Shopping Center Plaza and Lot 1 of Westview West, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. th Passed, approved and adopted this 4 day of August, 2008. /s/Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 8 day of August, 2008. /s/Jeanne F. Schneider, CMC, City Clerk 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. Motion by Connors to receive and file the documents and deny the request. Seconded by Lynch. Rich Whitty, Attorney for the developer, spoke in opposition to the request and asked the City Council to deny it. Motion carried 7-0. 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. Motion by Jones to receive and file the documents and approve. Seconded by Voetberg. Motion carried 7-0. 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. Motion by Connors to receive and file the documents and adopt Resolution No. 265-08 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 . Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 265-08 GREEN ALLEY PILOT PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS 17 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 Green Alley Pilot Project, in the estimated amount $324,167.96, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. th A public hearing will be held on the 18 day of August, 2008, at 6:30 p.m. in the Historic Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and 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 Green Alley Pilot 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 improvements herein provided, by publishing the attached Notice to Bidders to be published 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 st 21 day of August, 2008. Bids shall be opened and read by the City Clerk at said time and will be nd submitted to the City Council for final action at 6:30 p.m. on the 2 day of September, 2008, in the th Historic Federal Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa. th Passed, adopted and approved this 4 day of August, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 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. Motion by Lynch to receive and file the documents and approve. Seconded by Braig. Motion carried 7-0. Purchase of Services Work Session: City Manager requesting that a new date be selected for the Purchase of Services work session. Motion by Connors to receive and file the document and set a work session prior to the regular City Council meeting on October 20, 2008. Seconded by Braig. Motion carried 7-0. COUNCIL MEMBER REPORTS Jones reported on the recent visit of Fatoumata Manjang from Uganda. Ms. Manjang wrote a book referencing Dubuque, which she presented to the City along with a plaque and a wood carving. Jones asked that a location be found to display the items for the public. 18 CLOSED SESSION Motion by Jones to go into closed session at 8:10 p.m. regarding pending litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) 2007 Code of Iowa. Seconded by Braig. Motion carried 7-0. Upon motion the City Council reconvened in open session at 8:45 p.m. stating they had given staff proper direction. There being no further business, upon motion the City Council adjourned at 8:46 p.m. /s/Jeanne F. Schneider, CMC City Clerk 19