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Minutes_City Council Proceedings 8 15 11 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The City Council met in special session at 5:00 p.m. on August 15, 2011 in the Historic th Federal Building, 350 W. 6 Street. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a special session of the City Council to conduct interviews for the position of City Clerk. SPECIAL SESSION INTERVIEWS FOR THE POSITION OF CITY CLERK The City Council conducted interviews with the following applicants for the position of City Clerk: 1. Kevin Firnstahl, Acting City Clerk, Dubuque, Iowa 2. Linda Gaul, City Clerk/Treasurer, City of Earlville, Iowa 3. Jennifer Quinton, Deputy City Clerk, City of Elgin, Iowa The City Council recessed from 5:24 p.m. to 5:42 p.m. 4. Teevie Walker, Assistant City Clerk, City of Valley Center, Kansas There being no further business, upon motion the City Council adjourned at 5:57 p.m. /s/Kevin S. Firnstahl Acting City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The City Council met in regular session at 6:30 p.m. on August 15, 2011 in the Historic th Federal Building, 350 W. 6 Street. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council to conduct such business that may properly come before the Council. Pledge of Allegiance Invocation was provided by Sister Amy Golm of Clarke University PROCLAMATION Kinderpalooza Day (September 8, 2011) was accepted by Peggy Johansson of the Dubuque Community School District Professional Center, 700 Locust Street. PRESENTATION 2010 Iowa Environmental Excellence Award: Sustainable Dubuque Coordinator Cori Burbach presented the 2010 Iowa Environmental Excellence Award for Outstanding Environmental Leadership and Innovation. Correspondence from Lt. Governor Kim Reynolds congratulating the City of Dubuque on receiving the Governor’s Iowa Environmental Excellence Award for Outstanding Environmental Leadership and Innovation. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions and dispose of as indicated. Seconded by Connors. Motion carried 7-0. Minutes and Reports Submitted: City Council proceedings of 8/1; Community Development Advisory Commission of 6/15; Historic Preservation Commission of 7/21; Investment Oversight Commission of 7/27; Zoning Advisory Commission of 8/1; Zoning Board of Adjustment of 7/28 Library Board of Trustees Update from Meeting of 7/28 Proofs of Publication for City Council Proceedings of 7/18; List of Claims and Summary of Revenues for Month Ended June 30, 2011 Upon motion the documents were received and filed. Notice of Claims/Suits: Patricia Bodnar for vehicle damage; Nicolas Davis for vehicle damage, Todd Fishnick for property damage; Rita Menadue for property damage; Michael and Nickole O’Connor for property damage; River Valley Nursery and Landscaping for payment of subcontractor work related to the Dubuque Industrial Center; Aaron Shivers for vehicle damage; John Sjobakken for property damage; Cathy Krueger for property damage; and George Weinberg for vehicle damage. Upon motion the documents were received, filed and referred to the City Attorney. 2 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: Patricia Bodnar for vehicle damage; Nicholas Davis for vehicle damage, Todd Fishnick for property damage; Cathy Krueger for property damage, Rita Menadue for property damage; Kelly Schiel for personal injury; Aaron Shivers for vehicle damage; and John Sjobakken for property damage. Upon motion the documents were received, filed and concurred. Delinquent Water, Sewer, Refuse and Stormwater Collection Accounts: City Manager recommending authorization to submit delinquent water, sewer, refuse and storm water collection accounts to the Dubuque County Treasurer in order to establish real property liens for collection of such past due accounts. Upon motion the documents were received and filed and Resolution No. 260-11 Adopting the Schedule of Assessments for delinquent water, sewer, refuse and stormwater accounts and directing the City Clerk to certify the Schedule of Assessments to the County Treasurer and to publish notice thereof was adopted. Office of the City Assessor: Communication from Richard A. Engelken, City Assessor, advising the City that the Board of Review has four appeals before the Property Assessment Appeal Board in Des Moines and four appeals filed with the Iowa District Court. Upon motion the document was received and filed. Bee Branch Creek Restoration Project – 1502 Maple Street: City Manager recommending approval acquisition of the property at 1502 Maple Street for $73,000 for the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 261-11 Approving the acquisition of real estate owned by Milton E. Schwartz in the City of Dubuque was adopted. Carnegie-Stout Public Library Renovation Project – Contract No. 7: City Manager recommending acceptance of the construction contract from the Carnegie-Stout Public Library Renovation Project – Contract No. 7, Roofing, as completed by Geisler Brothers in the final amount of $101,020.82. Upon motion the documents were received and filed and Resolution No. 262-11 Accepting the Carnegie-Stout Public Library Renovation Project – Contract No. 7, Roofing, and Authorizing the Payment of the contract amount to the contractor was adopted. Carnegie-Stout Public Library Renovation Project – Contract No. 8: City Manager recommending acceptance of the construction contract for the Carnegie-Stout Public Library Renovation Project – Contract No. 8, Elevator, as completed by Tricon Construction in the final contract amount of $132,600. Upon motion the documents were received and filed and Resolution No. 263-11 Accepting the Carnegie-Stout Public Library Renovation Project – Contract No. 8 and authorizing the payment of the contract amount to the contractor was adopted. IA 32 and Asbury Road Turn Lane Improvements: City Manager recommending acceptance of the construction contract for the IA 32 and Asbury Road Turn Lane Improvements Project as completed by Eastern Iowa Excavating and Concrete, LLC in the final contract amount of $436,288.34. Upon motion the documents were received and filed and Resolution No. 264-11 Accepting the IA 32 and Asbury Road Turn Lane Improvements Project, Iowa DOT Project No. STP-32-1(30)--2C-31, and authorizing the payment of the contract amount to the contractor was adopted. 3 Historic White Water Creek Bridge Phase 3 – Bridge Abutments: City Manager Recommending acceptance of the improvements and authorizing payment of the contract amount of $51,837.50 to Tschiggfrie Excavating, Inc. for the Historic White Water Creek Bridge Relocation Project, Phase 3 - Bridge Abutments. Upon motion the documents were received and filed and Resolution No. 265-11 Accepting the Historic White Water Creek Bridge Relocation Project, Phase 3 - Bridge Abutments and authorizing the payment of the contract amount to the contractor was adopted. 2011 Detention Basin Maintenance Program: City Manager recommending approval of the final assessments for the FY2011 Detention Basin Maintenance Program. Upon motion the documents were received and filed and Resolution No. 266-11 Adopting the Final Assessment Schedule for the Fy2011 Detention Basin Maintenance Project was dopted. Dubuque Stamping & Manufacturing Company: City Manager recommending an amendment to the Development Agreement with Dubuque Stamping & Manufacturing, Inc. and R & S Realty, LLC. Upon motion the documents were received and filed and Resolution No. 267-11 Approving the First Amendment to the Dubuque Stamping & Manufacturing, Inc. and R & S Realty, LLC Development Agreement was adopted. Safe Community Task Force: City Manager recommending that the City not adopt the preservation briefs of the National Park Service. Upon motion the documents were received, filed and approved. Historic Preservation Commission – Four Mounds Estate Site Plan Historic Preservation Commission requesting approval of additional funding associated with the Historic District Public Improvement Project (HDPIP) - Four Mounds Estate Site Plan. Upon motion the documents were received, filed and approved. Water and Sanitary Services Funding Request: City Manager recommending the reallocation of funds to pay for a utility-related study examining the impacts of extending sewer and water to the Airport. Upon motion the documents were received, filed and approved. AIMS Parking Enforcement Software Module: City Manager recommending the purchase of an additional payment software module from AIMS, the Parking Division software vendor, which will enhance the online availability to customers and provide a more seamless and reliable system for the processing of payments. Upon motion the documents were received, filed, and approved. Iowa Department of Natural Resources – State Revolving Fund: City Manager transmitting correspondence from Patti Cale-Finnegan, SRF Coordinator for the Iowa Department of Natural Resources advising the City of Dubuque of the terms of a loan forgiveness for a portion of the Clean Water Sate Revolving Fund for the Upper Bee Branch Creek Project. Upon motion the documents were received and filed. Site Plan Review - 3390 Lake Ridge Drive / Rose of Dubuque, LP: Zoning Advisory Commission recommending approval of the site plan for a new, three-story, assisted living center located at 3390 Lake Ridge Drive as requested by Greg McClenahan for Rose of Dubuque, LP. Upon motion the documents were received, filed, and approved. 4 Intermodal Transportation System – Grant Applications: City Manager recommending submittal of two grant applications to provide funding for the Dubuque Intermodal Transportation System in the Historic Millwork District. Upon motion the documents were received, filed, and approved. Temporary Help for Processing Roofing Permits: City Manager recommending approval to hire a part-time clerical worker to assist with the increased work load due to the increase in roofing permits related to the hail storm and the increase in mechanical permits due to the recent flooding, subject to a future budget amendment. Upon motion the documents were received, filed, and approved. General Obligation Bonds Series 2011A and Taxable General Obligation Bonds Series 2011B: City Manager recommending approval of the suggested proceedings to complete the action required on the recent Series 2011A and 2011B bond issuance. Upon motion the documents were received and filed and Resolution No. 268-11 Appointing Registrar and Paying Agent Series 2011A, Resolution No. 269-11 Authorizing the issuance of the Bonds Series 2011A, Resolution No. 270-11 Appointing Registrar and Paying Agent Series 2011B, and Resolution No. 271-11 were adopted. RISE Application and Commitment of Local Match: City Manager recommending approval of th RISE application and commitment of local match for 7 and Commercial Streets. Upon motion the documents were received and filed and Resolution No. 272-11 Endorsing the submission of a Revitalize Iowa’s Sound Economy (RISE) application to the Iowa Department of th Transportation for the construction of 7 and Commercial Streets was adopted. Public Financial Management, Inc. (PFM Group, Inc.): City Manager transmitting correspondence from the PFM Group, Inc., regarding the City’s key credit characteristics and pricing trends. Upon motion the document was received and filed. Sustainable Dubuque Monthly Report: City Manager submitting the Sustainable Dubuque Monthly report for July 2011. Upon motion the documents were received and filed. Quarterly Investment Report: City Manager submitting the Quarterly Investment Report as of June 30, 2011. Upon motion the documents were received and filed. Mediacom: Communication from Lee Grassley, Senior Manager of Government Relations for Mediacom Communications Company advising the City of a new digital adapter that all Mediacom customers will need and the associated fees as of September 15, 2011. Upon motion the document was received and filed. Signed Contracts: 1) Water Pollution Control Plant Modifications Project budget increase request from MWH America’s Inc.; 2) Water Pollution Control Plant Modifications Change Order Nos. 8 and 9 with Miron Construction Co., Inc.; 3) Tenth and Central Street Parking Ramp Project Change Order 009-PS with J.P. Cullen Construction. Upon motion the documents were received and filed. Alcohol Compliance – Civil Penalties for Alcohol License Holders: City Manager recommending acceptance of the Acknowledgement/Settlement Agreement for Best Western 5 Plus Dubuque Hotel/Champps Americana for their second violation. Upon motion the documents were received, filed, and approved. Liquor License Refunds: Request of Kurt Heine of Bulldog Billiards, Inc., for a refund of Beer and Liquor License No. LC0035994 in the amount of $422.50; and Magdaleno Arceo of Las Margarita’s Restaurant for a refund of Beer and Liquor License No. LC0034263 in the amount of $422.50. 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. 273-11 Granting the issuance of a Class “B” Beer Permit (5-Day Special Event) to Empire Diesel Perform./Shireman Benefit; Dubuque Jaycees; Riverfest; and Clarke University; A Class “C” Beer Permit to Ron’s Discount Smokes & Beverage Center; Dubuque Quick Stop Mart, Inc.; Holy Spirit Church, and Casey’s General Store #2420 and #2421; and Resolution No. 274-11 Granting the issuance of a Class “C” Beer/Liquor License to Knicker’s Saloon (Outdoor Sale 9/10/11 and 10/9/11); The Bank Bar & Grill; Lucky 13 Tap; Los Azteca’s Mexican Restaurant; Courtside sports Bar & Grill; Star Restaurant Ultra Lounge; Chances R; Mystique Community Ice Center; The Lift; Texas Roadhouse; a Special Class “C” BW Liquor License (5- Day Event) to Camp Albrecht Acres; a Special Class “C” BW Liquor License (14-Day Event) to Dubuque County Fine Arts Society; a Special Class “C” BW Liquor License to Bandana’s Bar- B-Q; and Tri-State Blind Society; and a Class “WBN” Native Wine License to Plaza 20 BP/Amoco; Kwik Stop Food Mart; and Ron’s Discount Smokes & Beverage Center, and a Class “E” Liquor License for Casey’s General Store #2420 and #2421 were adopted. 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 Resnick. Motion carried 7-0. Petition to Vacate – 1900 Block of Garfield Avenue: City Manager recommending a public hearing be set for September 6, 2011 to consider a request by Brian Goranson to vacate a portion of a public alley abutting 1902, 1912, 1946, 1952, and 1956 Garfield Avenue in the City of Dubuque. Upon motion the documents were received and filed and Resolution No. 275-11 Resolutionof intent to vacate and dispose of City interest in lots 148A, 149A, 150A, 151A and 152A in Ham’s Addition in the City of Dubuque, Iowa; and Resolution No. 276-11 Approving plat of proposed vacated alley in the 1900 block of Garfield Avenue were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 6, 2011 in the Historic Federal Building. Sale of Property – 2300 Washington Street: City Manager recommending a public hearing be set for September 6, 2011 to consider disposal of City-owned property at 2300 Washington Street. Upon motion the documents were received and filed and Resolution No. 277-11 Resolutionofintention to dispose of City-owned property, specifically Lot 2 of Bee Branch Subdivision No. 1 in the City of Dubuque, Iowa, according to the recorded plat thereof (2300 Washington Street) was adopted. setting a public hearing for a meeting to commence at 6:30 p.m. on September 6, 2011 in the Historic Federal Building. 6 Sale of Property – 2302 Washington Street: City Manager recommending a public hearing be set for September 6, 2011 to consider disposal of City-owned property at 2302 Washington Street. Upon motion the documents were received and filed and Resolution No. 278-11 Resolutionof Intention to dispose of City-owned property, specifically Lot 1 of Bee Branch Subdivision No. 1 in the City of Dubuque, Iowa, according to the recorded plat thereof (2302 Washington Street) was adopted. setting a public hearing for a meeting to commence at 6:30 p.m. on September 6, 2011 in the Historic Federal Building. BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions: Zoning Advisory Commission: One 3-year term through July 1, 2013 (Vacant term of Stiles). Applicant: Eugene Bird, 3357 Arrowwood Lane. Appointments to the following Boards/Commissions: Housing Commission. Three 3-year terms through August 17, 2014 (Expiring terms of Eudaley, Rogaskie, and Ronek). Applicants: rd Amy Eudaley, 950 Wood Street; Mitzi Krey, 433 W. 3 Street (Additional Applicant); Regine Ronek, 2282 White Street. Ms Patricia Rogaskie, 1502 ½ Maple Street, withdrew her application. Motion by Lynch to appoint Amy Eudaley, Mitzi Krey, and Regine Roneck to the Housing Commission for 3-year terms through August 17, 2014. Seconded by Connors. Motion carried 7-0. PUBLIC HEARINGS Dubuque Regional Airport – Conservation Easement: Proof of publication on notice of public hearing to consider the disposal of an interest in City property as set forth in the Declaration of Conservation Covenants and Restriction Conservation Easement on the specified property at the Dubuque Regional Airport, and the City Manager recommending approval. Motion by Jones to remove this item from the agenda. Seconded by Braig. Motion carried 7-0. Upon motion the rules were suspended allowing anyone present to address the City Council. Request to Rezone - 1845 Washington Street: Request by Marcy and Michael Armstrong to rezone property located at 1845 Washington Street from R-2A Alternate Two-Family Residential District and C-2 Neighborhood Commercial District to C-4 Downtown Commercial District and the Zoning Advisory Commission recommending approval. Motion by Lynch to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. Planning Services Manager Laura Carstens provided a staff report. Motion carried 7-0. Motion by Lynch for final consideration and passage of Ordinance No. 40-11 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 1845 Washington Street from C-2 Neighborhood Shopping Center District and R-2a Alternate Two-Family Residential District to C-4 Downtown Commercial District. Seconded by Connors. Motion carried 7-0. Planned Residential District - 2763 University Avenue: Request from Tom Kluck to amend the Planned Residential District for property located at 2763 University Avenue to permit a 60- 7 foot by 30-foot, two-story, common building with three apartments on the second story, set back 20 feet from the north side property line and the Zoning Advisory Commission recommending approval subject to conditions. Citizen petition submitted by Bruce and Annabelle Schaal, 2765 Beverly Avenue, in opposition to the request. 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. Developer Tom Kluck, 2499 LaVista Street, spoke in favor of the request and provided detailed information about the modified submission. Planning Services Manager Laura Carstens provided a staff report. Zoning Advisory Commission Chairperson Charles Miller provided information on the Commission’s discussion related to the new conditions. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 41-11 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by providing for the amendment of Ordinance 36-09, which established regulations for a Planned Unit Development with a Planned Residential Designation, located north of the University Avenue and Ethel Street intersection, and now being amended to allow three additional apartment units and enlarging the club house building. Seconded by Braig. Motion carried 7-0. Pump Room Roof Replacement Project: Proof of publication on notice of public hearing to approve the specifications, form of contract, and estimated cost for the Pump Room Roof Replacement Project, and the City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 279-11 Approval of specifications, form of contract, and estimated cost for the Pump Room Roof Project. Seconded by Braig. Motion carried 7-0. Green Industrial Supply Development Agreement and Land Sale: Proof of publication on notice of public hearing to consider the disposition of approximately 24.506 acres of property in Dubuque Industrial Center West to Green Industrial Supply, Inc., and Green Industrial Properties, LLC for the purpose of constructing a 140,000 square-foot office/distribution and light manufacturing facility pursuant to a development agreement with the City and the use of Urban Renewal Tax Increment Revenue Obligations; and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 280-11 Approving a development agreement providing for the sale of 24,506 acres in the Dubuque Industrial Center West to Green Industrial Supply, Inc., and Green Industrial Properties, LLC. Seconded by Resnick. Dan McDonald of Greater Dubuque Development Corporation, 300 Main Street, spoke in favor of the agreement citing the need for economic development Sue and Patrick Green’s business success. Motion carried 7-0. Paragon Square – Urban Renewal Tax Increment Revenue Notes and Development Agreement: Proof of publication on notice of public hearing to consider approval of a Development Agreement with Paragon Square LLC and approval of the sale of Tax Increment Financing bonds up to $350,000 to assist in the renovation of the former Holy Ghost School and Convent buildings, and the City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 281-11 Approving a Development Agreement with Paragon Square, LLC for the property located at 2887 and 2901 Central Avenue; and Resolution No. 282-11 Instituting proceedings to take additional action for the issuance of not to exceed $350,000 Urban Renewal Tax Increment Revenue Notes. Seconded by Braig. Motion carried 7-0. 8 Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Every Child / Every Promise Update: Vice President of Programs for the Community Foundation of Greater Dubuque, Eric Dregne, to provide an update and slide presentation on the activities of the Every Child / Every Promise program. Motion by Connors to receive and file the information. Seconded by Braig. Motion carried 7-0. Lake Ridge Economic Development District - Tax Increment Financing: City Manager recommending approval of an ordinance creating the tax increment financing district for the Lake Ridge Economic Development District to facilitate the Rose Development of the $9.3 million 70-unit affordable assisted living facility on Lake Ridge Drive consistent with the Urban Renewal Plan approved by the City Council on August 1, 2011. 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 Braig. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 42-11 Providing that general property taxes levied and collected each year on all property located within the Lake Ridge Economic Development District of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with the Lake Ridge Economic Development District Redevelopment Project. Seconded by Braig. Motion carried 7-0. Green Alley Permeable Pavers Project: City Manager recommending rejection of all thth competitive bids received for the Green Alley Permeable Pavers Project (17 – 18 Streets between Jackson and Washington Streets. Motion by Braig to receive and file the documents and adopt Resolution No. 283-11 Rejecting all competitive bid proposals received for the thth Green Alley Permeable Pavers Project (17 – 18 Streets between Jackson and Washington Streets. Seconded by Jones. Motion carried 7-0. Port of Dubuque Marina Project – Bid Package No. 2: City Manager recommending award of the contract to the low bidder, Portzen Construction Inc., in the amount of $1,539,000, which is 0.71% under the estimate of probable cost. The award of the improvement contract has received the approval and concurrence of the Iowa Department of Natural Resources and the U.S. Fish and Wildlife Service. Motion by Connors to receive and file the documents and adopt Resolution No. 284-11 Awarding public improvement contract for the Port of Dubuque Marina Project, Bid Package 2 – Amenities Building & Site Work. Seconded by Lynch. Responding to questions from City Council, Assistant City Engineer Bob Schiesl stated that the building stage of the project is scheduled for completion in late March 2012, and the site work is scheduled for completion mid May 2012. Motion carried 7-0. Spahn and Rose Lumber Company: City Manager recommending the approval of a Development Agreement with Spahn & Rose Lumber Co. regarding the lease of the former City Operations and Maintenance building located at 925 Kerper Boulevard that includes a property tax rebate for the three-year life of the lease. Motion by Lynch to receive and file the 9 documents and adopt Resolution No. 285-11 Approving a Development Agreement with Spahn & Rose Lumber Co. for the Property located at 925 Kerper Boulevard. Seconded by Connors. Motion carried 7-0. Support of Green House Gas Reduction 2030 Target: City Manager recommending approval of the 50% by 2030 greenhouse gas reduction target as presented by Green Dubuque and a community-based Task Force at the July 5, 2011 City Council Work Session. This is consistent with one of the Mayor and the City Council’s top priorities, Sustainable Dubuque. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Braig. Motion carried 7-0. Green Vision Education: City Manager requesting approval to schedule a work session for Tuesday, September 6, 2011 at 5:15 p.m. on the Green Vision Education program of the Dubuque Metropolitan Area Solid Waste Agency. Motion by Connors to receive and file the document and approve the request. Seconded by Braig. Motion carried 7-0. Bee Branch Creek Restoration Project Phase II Design: City Manager requesting approval to schedule a work session for Monday, September 12, 2011 at 6:00 p.m. to review the Bee Branch Creek Restoration Project Phase II design. Motion by Jones to receive and file the documents and approve the request. Seconded by Braig. Motion carried 7-0. Disaster Assistance Update: City Manager submitting an update of the response to flooding from the July 27 and 28, 2011 storm. Motion by Lynch to receive and file the documents. Seconded by Braig. Motion carried 7-0. Bee Branch Creek Restoration Project – Acquisition of Junnie & Rich’s Coin: City Manager recommending acquisition of a property at the northwest corner of the intersection of Cedar th Street and 15 Street for $68,950 ($2,000 over the appraised value) as part of the Bee Branch Creek Restoration Project. Motion by Braig to receive and file the documents and adopt Resolution No. 286-11 Approving the acquisition of real estate owned by Junnie & Rich’s Coin in the City of Dubuque. Seconded by Connors. Motion carried 7-0. Bee Branch Creek Restoration Project – Acquisition of 2250 Washington Street: City Manager recommending acquisition of a duplex located at 2250 Washington Street for the Bee Branch Creek Restoration Project. Motion by Connors to receive and file the documents and adopt Resolution No. 287-11 Approving the acquisition of real estate located at 2250 Washington Street in the City of Dubuque, Iowa. Seconded by Jones. Motion carried 7-0. Engine House No. 1: City Manager recommending approval of the assignment of the Development Agreement between the City of Dubuque and Engine House #1, LLC, a subsidiary of Dubuque Initiatives, to Dubuque Bank & Trust Community Development Corporation to sell and rehabilitate the Engine House #1 building at 1805 Central Avenue which formerly housed the Housing Department offices. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Braig. Motion carried 7-0. CARADCO Landlord, LLC – Assignment of Development Agreement: City Manager recommending approval of an assignment of the Development Agreement, Downtown Rehabilitation Loan and Grants, and Waiver Agreement between the City of Dubuque and CARADCO Building, LLLP, as subsidiary of Gronen Properties, to CARADCO Landlord, LLC, 10 a different entity formed by Gronen Properties to own the CARADCO redevelopment project. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Resnick. Responding to questions from City Council, Economic Development Director Dave Heair provided information on the CARADCO name change. Motion carried 7-0. CARADCO Building, LLLP: City Manager recommending a modification in the collateral provided by CARADCO Building, LLLP, now CARADCO Landlord LLLP, for the $4.5 million IFA loan. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Resnick. Motion carried 7-0. Long Range Planning Advisory Commission: Correspondence from the Long Range Planning Advisory Commission requesting the City Council explore how widespread the lack of City Channel 8 coverage is and what can be done to increase access for the Dubuque community. Motion by Connors to receive and file the documents. Seconded by Jones. Motion carried 7-0. Iowa Natural Heritage Foundation / Friends of the Mines of Spain: City Manager recommending the City enter into a Purchase Agreement with the Iowa Natural Heritage Foundation to possibly expand the size of the E.B. Lyons Interpretive Center site by 52 acres and further recommending that the City Council authorize the City Manager and City Attorney to negotiate the terms of the Purchase Agreement and authorize the City Manager to execute the Purchase Agreement on behalf of the City. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Braig. Responding to questions from City Council, City Manager Van Milligen provided information on the City’s interest in the property and the land auction process. Motion carried 7-0. COUNCIL MEMBER REPORTS Mayor Buol reported that the ship’s bell from the USS Dubuque has arrived and Leisure Services Manager Marie Ware is working on display options and a formal presentation. There being no further business, upon motion the City Council adjourned at 8:23 p.m. Kevin S. Firnstahl Acting City Clerk 1t 8/24 11