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Proof of Publication Council Proceedings 8 4 08(Paper Articles) STATE OF IOWA DUBUQUE COUNTY {SS: CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communities, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: August 13, 2008, and for which the charge is $275.04. Suzanne Pike Subscribed to before me, a Notary Public in and for Dubuque County, Iowa this 15th day of August, 2008. Notary Public in and for Dubuque County, Iowa Mary K. Westermeyer Commission Number 154885 My Comm. Exp. Feb. 1, 2011 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Coun- cil met in regular session at 6:30 p.m. on August 4, 2008 in the Historic Feder- al 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 pur- pose of discussing such matters which may proper- ly come before the City Council. Invocation was provided by Pastor Terry Bemis, As- sembly of God Church. PROCLAMATIONS Tour de Dubuque Day (August 23, 2008) was ac- cepted by Mike Martin and Gene Rokusek; Responsi- ble Gaming Week (August 4 - 8, 2008) was accepted by Carrie Tedore, Diamond Jo Casino; and Jesus Aviles, Dubuque Grey- hound Park and Casino. CONSENT ITEMS Motion by Lynch to re- ceive and file the docu- ments, adopt the resolu- tions; and dispose of as in- dicated. Seconded by personals. com 866.529.4740 B77.259.8351 900.226.8138 LET'S MEET aspect- SWM, 70, 5'8", 1861bs, N/S, loves the casual outdoors, fishing, motorcycles, travel, loving, dining, weekend getaways. Looking for share WF, 58+, to spend time with. v282723 Idren, loors, going zings. !blue; ;amp - and SWM, LTR. s and isitive s how )1159 loves and ly se- There's no better time than sprin new people. We're offering 10 fre members upon Joining. for com conditions, check out People2P I WANT THE RIGHT ONE! 20 year old, kind-hearted single white male, 6'1", brown/blue, loves being ac- tive and spending time outdoors. Look- ing for a similar girl, 18-26, for friendship, dating and maybe more. ' 275803 keleher50 SHAR In the count table farm. F compassion enjoy garde SF, 60-70, L LE SWM, 42, THE RIGHT ONE camping, me field, SWM, 20, 6', N/S, no children, likes cats, roman ng to sports, cars, movies, dating, music. Look- ing a SF, 39 1, 63- ing for similar SWF, 18-23. 12286468 more. v169 ire- ;kate- going meet, :0,for pro - hair, mate, mmu- Imals. LTR? g with e little Isygo- anion- 08 0 loves out- aning, raring ..hlnr. TAKE A CHANCE! 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Se attractive, in more. a644 SWM, 50, I N/D, enjoy§ cards, aucq, ing, honest, 32-42, N/S, at home. 125 Handsome ! 1851bs, relia football, ba§ dining, talks tures. Seeki life with. a8 W SWM, 45, yl ,.,,.e eoov* STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: August 13, 2008, and for which the charge is $275.04. 0,4 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this l day of , 20 Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Comm:Wen Dumber 154885 My f:emm Ftb: res, 1, 2011 Braig. Motion carried 7-0. Minutes and Reports Submitted: Arts and Cul- tural Affairs Advisory Com- mission of 6/24 and 6/30; City Council of 7/21; Housing Commission of 6/24; Human Rights Com- mission of 6/9; Investment Oversight Advisory Com- mission 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 docu- ments 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 docu- ments were received and filed and referred to the City Attorney. City Attorney advising that the following claims have been referred to Pub- lic Entity Risk Services of Iowa, the agent for the Io- wa Communities Assur- ance Pool: Audrea Walsh for vehicle damage; Zach Schreiber for vehicle dam- age. Upon motion the documents were received and filed and concurred Office of the City Asses- sor: Communication from Richard A. Engelken, City Assessor, advising that Neztrop, LLC has ap- pealed their 2008 assess- ment to the Property As- sessment Appeal Board in Des Moines. Upon motion the document was re- ceived and filed. Advisory Design Review - Locust Street Resurfacing Project from 9th to 17th Streets: Communication from the Historic Preserva- tion Commission recom- mending approval of the Locust Street Resurfacing Project from 9th to 17th 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 Preserva- tion Commission recom- mending approval of HDPIP funding for installa- tion of two outdoor inter- pretive signs and a con- crete pad within the farm campus of Four Mounds. Upon motion the docu- ments were received, filed, and approved. English Language Learn- er Instruction Services Program: City Manager recommending approval of a 28E Agreement between the City of Dubuque and the Dubuque Community School District for the Eng- lish Language Learner In- structional Services (ELL) program. Upon motion the documents were received, filed, and approved. High Quality Jobs Pro- gram (HQJP) Contract for Progressive Packaging, LLC: City Manager recom- mending approval of the contract with the Iowa De- partment of Economic De- velopment 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. Iowa 32 Bike/Hike Trail - Phase I: Notice of Use Re- striction: City Manager recommending approval of the Notice of Use Restric- tions for the Iowa 32 Bike/Hike Trail - Phase 1 as part of the Resource Enhancement and Protec- tion (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 adopt- ed. Quarterly Investment Re- port: City Manager trans- mitting the June 30, 2008 Quarterly Investment Re- port. Upon motion the document was received and filed. Port of Dubuque Adams Development, LLC: Com- munication from Brian J. Kane, counsel for Port of Dubuque Adams Develop- ment, LLC, requesting ap- proval of a "Partial Assign- ment of Development Agreement for Security." Upon motion the docu- ments 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 docu- ment 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 mo- tion the document was re- ceived and filed and refer- red to the City Manager. Citizen Communication: Communication from Rosemary Timmerman ex- pressing concerns over traffic enforcement on Dodge Street. Upon mo- tion the document was re- ceived and filed and refer- red 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 re- ceived, filed, and ap- proved. Iowa Street Parking Ramp to NICC Building - Walkway Project: City Manager recommending award of the public im- annual liquor license re- newals as submitted. Upon motion the docu- ments were received and filed and Resolution No. 254-08 Granting the issu- ance of a Class "B" Beer Permit to Tri-State Inde- pendent 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 Li- cense to Ten Pin Tap and Shannon's Bar and Grill; a Special Class "C" Liquor License to Bell Tower Pro- ductions; and a Class "WBN" Native Wine Permit to Mandolin Inn" and Casey's General Store #2420 were adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to re- ceive and file the docu- ments, set the public hear- ings as indicated, and di- rect the City Clerk to pub- lish notice as prescribed by law. Seconded by Connors. Motion carried 7- 0. U.S. Highway 52 Resur- facing - 32nd Street to the Northwest Arterial Project: City Manager recommend- ing initiation of the public bidding process for the U.S. Highway 52 Resurfac- ing - 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 esti- mated cost. Upon motion the documents were re- ceived and filed and Reso- lution No. 256-08 Prelimi- nary 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 was adopted set- ting a public hearing for a meeting to commence at 6:30 p.m. on August 18, 2008 in the Historic Feder- al Building. 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 docu- ments were received and filed and Resolution No. 257-08 Resolution_ of Ne- cessity finding that certain areas adjacent to the Greater Downtown Urban Renewal District meet the definition of a blighted area under the Urban Re- newal law, and that devel- opment 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. 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 in- clude approximately 14 acres of property located along Jackson Street. I lnnn motion the dncu- regarding their desire to serve on the following Boards/Commissions: Historic Preservation Com- mission (Langworthy Dis- trict 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 appoint- ment. TV Cable Community Teleprogramming Com- mission: One 3-year term through June 30, 2011 (Term of Hoverman). Appli- cant: Sr. Carol Hoverman, 1555 White Street. Appointments to the fol- lowing Boards/Commis- sions: Housing Commission: Three 3-year terms through August 17, 2011 (Terms of Helling, Frommelt, Mozena). Appli- cants: Linda Frommelt , 140 N. Algona Street; Wil- liam Helling, 4988 Red Vio- let 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 Re- placement Project: Proof of publication on notice of hearing to consider the plans and specifications, form of contract and esti- mated 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 Ap- proving plans, specifica- tions, form of contract, and estimated cost for the Petrakis Field Turf Re- placement Project. Seconded by Connors. Motion carried 7-0. Dubuque Industrial Cen- ter West - Demolition and Grading Project: Proof of publication on notice of hearing to consider the plans and specifications, form of contract and esti- mated cost for the Dubu- que Industrial Center West - Demolition and Grading Project and City Manager recommending approval. Motion by Connors to re- ceive and file the docu- ments and adopt Resolu- tion No. 261-08 Approving plans, specifications, form of contract, and estimated cost for the Dubuque In- dustrial Center West - Demolition and Grading Project. Seconded by Jones. Motion carried 7-0. Terminal Street Pumping Station Project: Proof of publication on notice of hearing to consider the plans and specifications, form of contract and esti- mated cost for the Termi- nal Street Pumping Station Communication from Charles Daoud, dated July 26, 2008, responding to City Council questions re- garding the proposed rezoning. Communication from Charles Daoud, dated July 25, 2008, offering to or- ganize an educational seminar on "green de- signs" in partnership with Eric Schmechel (Dubuque Soil and Water Conserva- tion District) and Wayne Peterson (Iowa Depart- ment of Agriculture Land Stewardship). Communication from City Manager in response to Mr. Daoud regarding the educational seminar. Communication from Kenneth Buesing submit- ting responses to com- ments made at the July 21, 2008 public hearing re- garding the request to rezone property on Key- mont Drive. Communication from Donna Smith requesting that residents of Key Knolls Subdivision area, including Kyle Stewart and Dean Reichmann, be al- lowed to address the City Council regarding the rezoning of property on Keymont Drive. Motion by Connors to re- ceive and file the docu- ments 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. Seconded. by Jones. Motion carried 7-0. Kyle Stewart, 1815 Key- way Drive, spoke in oppo- sition to the proposed or- dinance 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 semi- nars. 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 war- rant a traffic study. Connors stated that the is- sueof plowing and main- taining pavers is success- fully handled in other cit- ies. Jones stated that the City Council was not waiv- ing any design standards because the project will go through the required de- sign review process. Voetberg questioned if there was a signed agree- ment committing the de- veloper to a sustainable design. Buol stated that this is a great sustainable project with a committed developer. Motion by Connors for fi- nal consideration and pas- sage of Ordinance No. 53- 08 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassi- fying 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. Mo- 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 they j O�T A City Council adjourned at ! _COUNTY L� 8:46 p.m. Jeanne F. Schneider, Jrj CMC, City Clerk 1� it 8/13 {SS: CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: August 13, 2008, and for which the charge is $275.04. S44A,2 dee Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this l day of �s2 , 20 Di . Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commllislon Number 154885 My homm Fop: FEEL 1; 2011 UUDUgU6 MVa111b ✓OVOIVF/ ment, LLC, requesting ap- proval of a "Partial Assign- ment of Development Agreement for Security." Upon motion the docu- ments was received and filed and referred to the City Attorney. State Historical Society of Iowa: Communication from the State Historical Society of lowa 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 docu- ment 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 mo- tion the document was re- ceived and filed and refer- red to the City Manager. Citizen Communication: Communication from Rosemary Timmerman ex- pressing concerns over traffic enforcement on Dodge Street. Upon mo- tion the document was re- ceived and filed and refer- red 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 re- ceived, filed, and ap- proved. Iowa Street Parking Ramp to NICC Building - Walkway Project: City Manager recommending award of the public im- provement contract for the Iowa Street Parking Ramp to NICC Building - Walk- way 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. Upon motion the docu- ments 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. PEG Capital Grant Ex- penditure Request: City Manager • recommending approval of one request for funding from the Capital Grant for Access . Equip- ment and Facilities to in- stall the necessary equip- ment to send the live feed of the County Board of Su- pervisors 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 Produc- tions: Communication from Michael D. Gibson, Fly -By - Night Productions, thank- ing the City Council for the recent Special Project Grant of $8,558 and Gen- eral Operating Support Grant of $1,227. Upon mo- tion the documents were received and filed. City Development Board: Communication from Steven R. McCann, City Development Board Ad- ministrator, submitting the Findings of Fact and Con- clusions of Law and The Final Order filed by the City Development Board approving the voluntary annexation petition sub- mitted by the City of Du- buque. Upon motion the documents were received and filed. Assignment of Meter Reading Service Agree- ment: City Manager rec- ommending approval of the Assignment of the Me- ter Reading Service Agree- ment 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 Applica- tions: City Manager rec- ommending approval of 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 was adopted set- ting a public hearing for a meeting to commence at 6:30 p.m. on August 18, 2008 in the Historic Feder- al Building. 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 docu- ments were received and filed and Resolution No. 257-08 Resolution. of Ne- cessity finding that certain areas adjacent to the Greater Downtown Urban Renewal District meet the definition of a blighted area under the Urban Re- newal law, and that devel- opment 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. 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 in- clude approximately 14 acres of property located along Jackson Street. Upon motion the docu- ments were received and filed and Resolution No. 258-08 Resolution of Ne- cessity finding that certain property bounded by 30th, Jackson, and 32nd Streets and the Heritage Biking Trail is a blighted area and that the redevelopment of said area is necessary in the interest of the resi- dents of the City of Dubu- que, Iowa, was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 2, 2008 in the Historic Feder- al Building. Spiegel Family Realty of Iowa, LLC - Development Agreement: City Manager recommending that a pub- lic hearing be set for Sep- tember 15, 2008 to con- sider approval of a Devel- opment Agreement with Spiegel Family Realty of Iowa, LLC for the con- struction of a 200,000 square foot speculative in- dustrial building in Dubu- que Industrial Center West. Upon motion the documents were received and filed and Resolution No. 259-08 (1) Approving the minimum require- ments, competitive criteria, and offering procedures for the development and the sale of certain real property and improve- ments in the Dubuque In- dustrial Center Urban Re- newal District; (2) Deter- mining that the Develop- ment Agreement submit- ted by Spiegel Family Re- alty of Iowa, LLC satisfies the offering requirements with respect to the real property and improve- ments and declaring the intent of the City Council to approve the Develop- ment 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 Agree- ment; 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. BOARDS/COMMISSIONS Applicants were invited to address the City Council Upon motion the rules were reinstated limiting discussion to the City Council. Petrakis Field Turf Re- placement Project: Proof of publication on notice of hearing to consider the plans and specifications, form of contract and esti- mated 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 Ap- proving plans, specifica- tions, form of contract, and estimated cost for the Petrakis Field Turf Re- placement Project. Seconded by Connors. Motion carried 7-0. Dubuque Industrial Cen- ter West - Demolition and Grading Project: Proof of publication on notice of hearing to consider the plans and specifications, form of contract and esti- mated cost for the Dubu- que Industrial Center West - Demolition and Grading Project and City Manager recommending approval. Motion by Connors to re- ceive and file the docu- ments and adopt Resolu- tion No. 261-08 Approving plans, specifications, form of contract, and estimated cost for the Dubuque In- dustrial Center West - Demolition and Grading Project. Seconded by Jones. Motion carried 7-0. Terminal Street Pumping Station Project: Proof of publication on notice of hearing to consider the plans and specifications, form of contract and esti- mated cost for the Termi- nal Street Pumping Station project and award of the contract to Morse Electric, in the amount of $552,200, and City Manager recom- mending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 262- 08 Approving plans, speci- fications, form of contract, and estimated cost; Reso- lution No. 263-08 Award- ing 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. Mo- tion carried 7-0. Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Dodds River Terminal, Inc.: Communication from Arthur F. Gilloon, repre- senting Dodds River Ter- minal, Inc., requesting to address the City Council regarding the Dubuque Municipal River -Rail Termi- nal Lease dated April 10, 1979 and the Shorefront Lease and Easement dat- ed May 31, 1958 (as amended on October 4, 1968). February 7, 2002 com- munication 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 31, 2008 for both leases and that because of the redevelop- ment taking place in the area, the City had no plans to extend the lease past this date. Motion by Connors to re- ceive and file the docu- ments 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 Exhib- its 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 re- quested City Council to di- rect 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 pro- vide his client with the right of first refusal. Van Milligen informed the City Council that he had con- tacted Dodds regarding a meeting, but had not re- ceived a response. Motion carried 7-0. Keymont Drive - Request to Rezone (First Reading on July 21, 2008): Pro- posed ordinance amend- ing Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordi- nances by reclassifying hereinafter described property located east of Keymont Drive from R-1 Single -Family Residential District to R-2 Two -Family Residential District Jones. Motion Cameo r-u.-' Kyle Stewart, 1815 Key- way Drive, spoke in oppo- sition to the proposed or- dinance 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 semi- nars. 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 war- rant a traffic study. Connors stated that the is- sue of plowing and main- taining pavers is success- fully handled in other cit- ies. Jones stated that the City Council was not waiv- ing any design standards because the project will go through the required de- sign review process. Voetberg questioned if there was a signed agree- ment committing the de- veloper to a sustainable design. Buol stated that this is a great sustainable project with a committed developer. Motion by Connors for fi- nal consideration and pas- sage of Ordinance No. 53- 08 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassi- fying 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. Mo- tion carried 6-1 with Voetberg voting nay. Advisory Design Review - Five Points Building: Com- munication from the His- toric Preservation Com- mission 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. Mo- tion by Connors to receive and file the documents and deny the request. Seconded by Lynch. Rich Whitty, Attorney for the de- veloper, spoke in opposi- tion to the request and asked the City Council to deny it. Motion carried 7-0. Contract for Services - Project HOPE: City Man- ager recommending ap- proval of a contract with the Community Founda- tion.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 recommend- ing 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 esti- mated cost and further proposing that this pilot project not be an assessa- ble 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. Riverfront Marina Project: City Manager recommend- ing approval of in the se- lection of JJR, from Madi- son, Wisconsin, as the professional design con- sultant for the Port of Du- buque - Riverfront Marina Project. Motion by Lynch to receive and file the documents and approve. Seconded by Braig. Mo- tion carried 7-0. Purchase of Services Work Session: City Man- ager 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 meet- ing on October 20, 2008. Seconded by Braig. Mo- tion carried 7-0. COUNCIL MEMBER REPORTS Jones reported on the re- cent 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. CLOSED SESSION Motion by Jones to go in- to closed session at 8:10 p.m. regarding pending liti- gation and property ac- quisition pursuant to Chapter 21.5(1)(c)a) 2007 Code of, Iowa. Seconded by Braig. Motion carried 7- ,ttosennea to 1 this eetore me, day of a Notary Public in an Notary Public in