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Proof of Publication_City Council Proceedings 8 15 11CITY 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 Federal Building, 350 W. 6th 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 Earlv!IIe, 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 Federal Building, 350 W. 6th 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 Liquor Licens Event) to County Fir Society; a Sp( "C" BW Ligw to Bandana's and Tri -Sta Society; and "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 anbngna ;o A;!3 - puo3as •papuadsns aq ay; u! woo s,y31g ' passed aq 0} s! 3! yo!yM a!uunf Aq pauMO 032450 ;2 6upaaw ay; 0; 123J ;o uo!4!s!nb32 Jo!Jd s6u! ;aaw 1puno3 3141 6u!AOJddy TI -98Z 0M; ;2 a6essed Jo; •oN uol}nlosag ;dope uo pa ;0n pue paJapis pue s;uawnoop ay; a1!; -uo3 aq aOu2u1PJo pue aA!a3aJ 03 61219 pasodojd a 42y; 4Uaw Aq Uo1;ow •}3afoJd - aJ!nbe ay; 3214; pue uo!32JO ;sag )IaaJ3 s;uawn3op ay3 an; pue y3u2J9 aa9 ay; lo pod ania3aJ (34 SJODUO3 Aq SE (anion pa512Jdde ay; uol4O01 'TTOZ 'T ;sn6nv Jan) 000'3) 056`89$ uo Il3uno3 A;13 ay; Aq .104 laaJ3S y3ST PUe panoJdde upidl2Mauag 333.14S J2pa3 ;o U01}3as u2gJn ay; 44!M -Ja ;u! ay; 40 JaUJO3 4Ua ;s!suo3 aA!Ja 0618 45aML4J0u ay; 32 41ad 0)121 UO 4111324 6U!A11 -oJd 2 ;0 u01;Is!nb32 pa;sisse alg2pJo42 6u!puaww03aJ Jab }!un -pL U0lII!w E'6$ - 2Upy11 A ;13 :U103 S,1431g 0143 40 ;uawdolanaa aluunf ;o uo14!sinb3v asog ay; 3 12311132; - pafoJd uo!42JO;sag 03 431.135!0 4uawdO )(00.13 y3U2J9 aa9 -lanaa 3!wouo33 e6p!g '0-L Pa1J 0121 all Jo; 431J3s1p -.123 mom •6!2J9 Aq 6upueu1; 3uawaJ3u! papu03as •s4uawn3op x24 ay; 611!420.13 ay; a1!; pue anlaoaJ a3U2U1pJO U2 40 MA 04 143161 Aq uo! ;ow -oJdde 6u!puawwo3a.1 •wJO }s TTOZ '8Z pue LZ J3621J21(1 6413 :6U13 A1nf ay; woJ; 6u1Po01; -u2U!3 }uawaJOUI x21 04 asuodsaJ ay; 40 - 3314.510 luawdolanaa alepdn U2 6u!43!wgns 3lwouo33 a6Plg 0)121 Ja62u2y4 A413 :a3ePdfl 11-L pa1JJ23 uol30 •612J8 03U23SISSV 4a3s2S!0 Aq Papuo3aS •Ion 0 L P01JJ23 uo!;)yy - 2WJ04U1 ay; a11; pue •6!2.19 Aq papuooaS 0A1933j 04 SJODU03 Aq •lsanba.1 ay; amid U0!40 4 •w2J6oJd asp -do pue s ;uawn3)p -oJd AJan3 / P1143 AJaA3 ay; a11; pue an!a33.1 ay; lo sa!4!n1 }3e ay; uo 04 sauof Aq Uo14ow uo132}uasa.d ap11s pue •u6lsap 11 amid 33afoJd a;2pdn U2 ap!nOJd 0; UO!42J01508 )103J3 'au6aJa 3113 'anbngna 143112.19 aa9 ay} malnaJ .10323.19 ;0 uol;epunod 03 •w•d 00 :9 32 ITOZ 'ZT A3!unwwo3 ay; Jo; .1agwalclas 'A2puoyy sw2J6oJd ;0 }uap!saJd Jo; u)!ssas )!JOM 031A :a;2pdn as!woJd 2 ainpay3s 03 12AOJdd2 6U0A3 / P11113 A .1an3 6u14senbaJ Ja62u2yy SW311 NOIJLOV Al!3 :u6!sa0 11 amid '113uno3 6413 0114 33afoJd uo!42JO ;sag 03 uoissn3s!p 6u14!w11 )100J3 yams aa9 pa;23su!aJ aJaM '0-L p01JJe3 salmi 0144 uollow uodn U0130 4 •612J9 Aq '0-L 00!1123 uonol14 papuo3es •3sanbaJ 0143 •6!2 .19 Aq papuooaS anoJdd2 pup ;uawn3op •sa4oN anuanag 0144 011; PU2 8nla33J 4UawaJ3u1 x21 1e Jo1J 04 SJODUO3 Aq uol;oyy -MaUag u2gJn 000'05E$ 0M4 •A3ua6y a;52M P1IOS 0003x0 0; 40U 10 pals eaJv U2 ;podoJ4ayy a3u2nssl ay; Jo; U0432 aq anbngna ay; 10 w2J6 12u013!pp2 0)12; 03 s6u! 2 4) oJd uo1}23nP3 uo!sIA - paa3o.1d 6u1}n;!3su1 TT 3211r uaaJO ay; uo •w•d ST:S - Z8Z'0N u014nlosael pue ay; 42 TTOZ '9 Jagwa4das :anuanv 12.141103 tO6Z 041 A2psanl Jo; u01SsaS pug L88Z 12 pa32301 -0J( )IJ)M 2 alnpay3s A}JadoJd ay; Jo; 311 uols of 12noJdd2 6UI3sanbaJ 'aJenbs uo62J2d 431M 6uit Ja62u2y4 A313 won }uawaaJ6y ;uawdo 12p. -2onP3 uo!s!A Ua0J9 -wan 2 6u!AoJddv q -3 11-L Pa1JJe3 uogoiy •61249 TT -T8Z 'ON Uol;nlosag -um Aq papuo305 •uo1;2p ;dope pue s4uawn3op pue - uawwo3aJ ay; anoJd ay; a1!; pup anla3a.1 0; Alp -d2 pue s3uawn3op sJODUO3 Aq 113!;31414 'Ion vZ -I ay; a1!; pue anla3a. -ojdde 6u!puawwo3a.1 uo41 03 sauof Aq uo!40y4 Ja62u2oy 43 ay; 42 •anbngna a1g2u!2}sns pue `s6u!piinq ;uanuo3 0U3 'sa!;1JO!Jd do; s,p3uno3 pue loops ;soup 1a21 A413 ay; Pup JoA2i11 ay; 40 auo tam 4ua4 U)!32AOUaJ ay; u! 351552 u03f - s1suo3 s! 5141 •uo!ssaS +�7 ay; 03 ay; u! S9L put -qn I2A -PV au! ay; ;as uo 1441' AJc Aq am 32 Jo; pat 01 ;sa -Jar 12!4 -uo -s!( -UN 1214 ale poc laa. S48 -0.1( -u!e Aq P24 40 40 6u11 03U pue .1o; '0 -L •410 -0.2 Ja6 -112 -pu pas 42 A10H Auk); ay; ;O Aq 03 000`0SE$ 04 do spuoq - at Wo3•eulJuoyn. • Ple.laH yde.l2alel • it T,wv-s -5aur r epui r.. 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 herein- after described pro- perty located at 1845 Washington Street from C -2 Neighborhood Shopping Center Dis- trict and R -2a Alternate Two - Family Residential District to C -4 Down- town Commercial Dis- trict. Seconded by Con- nors. Motion carried 7 -0. Planned Residential District - 2763 Univer- sity Avenue: Request from Tom Kluck to amend the Planned Residential District for property located at 2763 University Avenue to permit a 60 -foot by 30 -foot, two -story, common building with uro ..rny OVUrlcrr. 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 Pro- mise program. Motion by Connors to receive and file the informa- tion. Seconded by Braig. Motion carried 7 -0. Lake Ridge Economic Development District - Tax Increment Finan- cing: City Manager recommending appro- val of an ordinance creating the tax increment financing district for the Lake Ridge Economic Devel- opment District to facilitate the Rose Development of the $9.3 million 70 -unit affordable assisted living facility on Lake Approving plz proposed vacate in the 1900 bl, Garfield Avenue adopted settii public hearing meeting to com at 6:30 p.rr September 6, 2 the Historic f Building. Sale of Prof 2300 Wast Street: City M recommending a hearing be s( September 6, 2 consider dispo: City -owned prop 2300 Wast Street. Upon the documents received and fill Resolution No. Resolution of ini to dispose of owned property, fically Lot 2 c Branch Subdivisi 1 in the Ci Dubuque, Iowa, z ing to the record thereof (2300 Wt ton Street) adopted. setti public hearing meeting to com at 6:30 p.m September 6, 2 the Historic I Building. Sale of Prof 2302 Wast Street: City M recommending a hearing be 51 September 6, 2 consider dispo: City -owned prop 2302 Wast Street. Upon the documents received and fill Resolution No. Resolution of In to dispose of owned property, fically Lot 1 c Branch Subdivis 1 in the Ci Dubuque, Iowa, z ing to the record thereof (2302 W: ton Street) adopted. setti public hearing meeting to com at 6:30 p.rr September 6, 2 the Historic 1 Building. BOARDS/ COMMISSIO Applicants invited to addre City Council rec their desire to sE the following E uodn •a3u2nssy 3n iiOZ '1 n u�c n 3I r r. Manager v 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 ap- prove 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 car- ried 7 -0. Bee Branch Creek Restoration Project - Acquisition of Junnie & Rich's Coin: City Mana- ger recommending acquisition of a pro- perty at the northwest STATE OF IOWA {� DUBUQUE COUNTY CERTIFICATION OF PUBLI I, Suzanne Pike, a Billing Clerk for Woodward corporation, publisher of the Telegraph Herald,. published in the City of Dubuque, County of D1 certify that the attached notice was published in dates: August 24, 2011, and for which the char Subscribed to before me, a Notary Public in anc this 029' day of Notary Public in MARY K. WE Commission N 1 III 111C y LJI Dubuque, Iowa, accord- ing to the recorded plat thereof (2300 Washing- ton 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. 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 Resolution of Intention to dispose of City - owned property, speci- fically Lot 1 of Bee Branch Subdivision No. 1 in the City of Dubuque, Iowa, accord- ing to the recorded plat thereof (2302 Washing- ton 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: Amy Eudaley, 950 Wood Street; Mitzi Krey, 433 W. 3rd Street (Additional Applicant); Regine Ronek, 2282 White Street. Ms Patricia Rogaskie, 1502 '/z 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 car- ried 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 Cove- nants and Restriction Conservation Ease- ment on the specified property at the Dubu- que Regional Airport, and the City Manager recommending appro- val. Motion by Jones to remove this item from the agenda. Seconded by Braig. Motion carried 7 -0. Upon motion the rules were suspended allow- ing anyone present to address the City Council. Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by providing for the amendment of Ordi- nance 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. Second- ed 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 esti- mated cost for the Pump Room Roof Replacement Project, and the City Manager recommending appro- val. Motion by Connors to receive and file the documents and adopt Resolution No. 279-11 Approval of specifi- cations, form of con- tract, 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 publica- tion on notice of public hearing to consider the disposition of approxi- mately 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 /dis- tribution and light manufacturing facility pursuant to a devel- opment agreement with the City and the use of Urban Renewal Tax Increment Reve- nue Obligations; and the City Manager recommending appro- val. Motion by Lynch to receive and file the documents and adopt Resolution No. 280 -11 Approving a devel- opment 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 Devel- opment Corporation, 300 Main Street, spoke in favor of the agreement citing the need for economic development Sue and Patrick Green's busi- ness success. Motion carried 7 -0. Paragon Square - Urban Renewal Tax Increment Revenue Notes and Develop- ment Agreement: Proof of publication on notice of public hearing to consider approval of a Devel- opment Agreement with Paragon Square LLC and approval of the sale of Tax Increment Financing Ridge Economic Devel- opment District Rede- velopment Project. Seconded by Braig. Motion carried 7 -0. Green Alley Perme- able Pavers Project: City Manager recom- mending rejection of all competitive bids received for the Green Alley Permeable Pavers Project (17th - 18th Streets between Jackson and Washing- ton Streets. Motion by Braig to receive and file the documents and adopt Resolution No. 283 -11 Rejecting all competitive bid propo- sals received for the Green Alley Permeable Pavers Project (17th - 18th Streets between Jackson and Washington Streets. Seconded by Jones. Motion carried 7 -0. Port of Dubuque Marina Project - Bid Package No. 2: City Manager recommend- ing award of the contract to the low bidder, Portzen Con- struction Inc., in the amount of $1,539,000, which is 0.71% under the estimate of proba- ble cost. The award of the improvement con- tract has received the approval and concur- rence 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 ques- tions from City Council, Assistant City Engineer Bob Schiesl stated that the building stage of the project is sche- duled for completion in late March 2012, and the site work is sche- duled for completion mid May 2012. Motion carried 7 -0. Spahn and Rose Lumber Company: City Manager recommend- ing the approval of a Development Agree- ment with Spahn & Rose Lumber Co. regarding the lease of the former City Opera- tions 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 documents and adopt Resolution No. 285 -11 Approving a Devel- opment 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 Mana- ger 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 subsidiary of uuouque Initiatives, to Dubuque Bank & Trust Commun- ity Development Cor- poration to sell and rehabilitate the Engine House #1 building at 1805 Central Avenue which formerly housed the Housing Depart- ment offices. Motion by Connors to receive and file the documents and approve the recom- mendation. Seconded by Braig. Motion carried 7 -0. CARADCO Landlord, LLC - Assignment of Development Agree- ment: City Manager recommending appro- val of an assignment of the Development Agreement, Downtown Rehabilitation Loan and Grants, and Waiver Agreement between the City of Dubuque and CARADCO Build- ing, LLLP, as subsidiary of Gronen Properties, to CARADCO Landlord, LLC, a different entity formed by Gronen Properties to own the CARADCO redevelop- ment project. Motion by Connors to receive and file the documents and approve the recom- mendation. Seconded by Resnick. Respond- ing 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 modi- fication in the colla- teral 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 ap- prove the recom- mendation. Seconded by Resnick. Motion carried 7 -0. Long Range Planning Advisory Commission: Correspondence from the Long Range Plan- ning Advisory Commis- sion 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 recom- mending 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 recom- mending 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 Agree- ment on behalf of the City. Motion by Jones to receive and file the documents and 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 Federal Building, 350 W. 6th Street. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton, City Manager Van Milligen, City Attorney Lindahl Mayor Buoi 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 i nterviews thonline.com 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 Com- munity School District Professional Center, 700 Locust Street. PRESENTATION 2010 Iowa Environ- mental Excellence Award: Sustainable Dubuque Coordinator Cori Burbach pre- sented the 2010 Iowa Environmental Excel- lence Award for Out- standing Environmen- tal Leadership and Innovation. Correspondence from Lt. Governor Kim Reynolds congratulat- ing the City of Dubuque on receiving the Governor's Iowa Environmental Excel- lence Award for Out- standing Environmen- tal 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 Coun- cil proceedings of 8/1; Community Develop- ment Advisory Commis- sion of 6/15; Historic Preservation Commis- sion of 7/21; Invest- ment Oversight Com- mission 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 Pro- ceedings of 7/18; List of Claims and Sum- mary 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 Landscap- ing 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. 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: Patri- cia Bodnar for vehicle damage; Nicholas • Telegraph Herald • Wednesday, August 24, 2011 11C was adopted. Dubuque Stamping & bond issuance. Upon Office of the City Manufacturing Com- motion the documents Assessor: Communica- pany: City Manager were received and filed tion from Richard A. recommending an and Resolution No. 268 - Engelken, City Asses- amendment to the 11 Appointing Registrar sor, advising the City Development Agree- and Paying Agent that the Board of ment with Dubuque Series 2011A, Resolu- Review has four Stamping & Manufac- tion No. 269 -11 Author - appeals before the turing, Inc. and R & S izing the issuance of Property Assessment Realty, LLC. Upon the Bonds Series Appeal Board in Des motion the documents 2011A, Resolution No. Moines and four were received and filed 270 -11 Appointing appeals filed with the and Resolution No. 267- Registrar and Paying Iowa District Court. 11 Approving the First Agent Series 2011B, Upon motion the docu- Amendment to the and Resolution No. 271 - ment was received and Dubuque Stamping & 11 were adopted. filed. Manufacturing, Inc. RISE Application and Bee Branch Creek and R & S Realty, LLC Commitment of Local Restoration Project - Development Agree- Match: City Manager 1502 Maple Street: City ment was adopted. recommending appro- Manager recommend- Safe Community Task val of RISE application ing approval acquisi- Force: City Manager and commitment of tion of the property at recommending that the local match for 7th and 1502 Maple Street for City not adopt the Commercial Streets. $73,000 for the Bee preservation briefs of Upon motion the Branch Creek Restora- the National Park documents were tion Project. Upon Service. Upon motion received and filed and motion the documents the documents were Resolution No. 272 -11 were received and filed received, filed and Endorsing the submis- and Resolution No. 261- approved. sion of a Revitalize 11 Approving the acqui- Historic Preservation Iowa's Sound Economy sition of real estate Commission - Four (RISE) application to owned by Milton E. Mounds Estate Site the Iowa Department Schwartz in the City of Plan Historic Preser- of Transportation for Dubuque was adopted. vation Commission the construction of 7th Carnegie -Stout Public requesting approval of and Commercial Library Renovation additional funding Streets was adopted. Project - Contract No. associated with the Public Financial 7: City Manager recom- Historic District Public Management, Inc. mending acceptance of Improvement Project (PFM Group, Inc.): City the construction con- (HDPIP) - Four Mounds Manager transmitting tract from the Carnegie- Estate Site Plan. Upon correspondence from Stout Public Library motion the documents the PFM Group, Inc., Renovation Project - were received, filed regarding the City's Contract No. 7, Roof- and approved. key credit character - ing, as completed by Water and Sanitary istics and pricing Geisler Brothers in the Services Funding trends. Upon motion final amount of Request: City Manager the document was $101,020.82. Upon recommending the received and filed. motion the documents reallocation of funds to Sustainable Dubuque were received and filed pay for a utility - related Monthly Report: City and Resolution No. 262- study examining the Manager submitting 11 Accepting the impacts of extending the Sustainable Dubu- Carnegie -Stout Public sewer and water to the que Monthly report for Library Renovation Pro- Airport. Upon motion July 2011. Upon motion ject - Contract No. 7, the documents were the documents were Roofing, and Author- received, filed and received and filed. izing the Payment of approved. Quarterly Investment the contract amount to AIMS Parking Enforce- Report: City Manager the contractor was ment Software Module: submitting the Quar- adopted. City Manager recom- terly Investment Carnegie -Stout Public mending the purchase Report as of June 30, Library Renovation of an additional pay- 2011. Upon motion the Project - Contract No. ment software module documents were 8: City Manager recom- from AIMS, the Parking received and filed. mending acceptance of Division software Mediacom: Communi- the construction con- vendor, which will cation from Lee tract for the Carnegie- enhance the online Grassley, Senior Mana- Stout Public Library availability to cus- ger of Government Renovation Project - tomers and provide a Relations for Media - Contract No. 8, more seamless and com Communications Elevator, as completed reliable system for the Company advising the by Tricon Construction processing of pay- City of a new digital in the final contract ments. Upon motion adapter that all amount of $132,600. the documents were Mediacom customers Upon motion the received, filed, and will need and the documents were approved. associated fees as of received and filed and Iowa Department of September 15, 2011. Resolution No. 263 -11 Natural Resources - Upon motion the AcceptingtheCarnegie - State Revolving Fund: document was Stout Public Library City Manager trans- received and filed. Renovation Project - mitting correspon- Signed Contracts: 1) Contract No. 8 and dence from Patti Cale- Water Pollution Control authorizing the pay- Finnegan, SRF Coor- Plant Modifications ment of the contract dinator for the Iowa Project budget in- amount to the con- Department of Natural crease request from tractor was adopted. Resources advising the MWH America's Inc.; 2) IA 32 and Asbury Road City of Dubuque of the Water Pollution Control Turn Lane Improve- terms of a loan Plant Modifications ments: City Manager forgiveness for a Change Order Nos. 8 recommending accept- portion of the Clean and 9 with Miron ance of the construc- Water Sate Revolving Construction Co., Inc.; tion contract for the IA Fund for the Upper Bee 3) Tenth and Central 32 and Asbury Road Branch Creek Project. Street Parking Ramp Turn Lane Improve- Upon motion the Project Change Order ments Project as documents were 009 -PS with J.P. Cullen completed by Eastern received and filed. Construction. Upon Iowa Excavating and Site Plan Review - motion the documents Concrete, LLC in the 3390 Lake Ridge Drive / were received and final contract amount Rose of Dubuque, LP: filed. of $436,288.34. Upon Zoning Advisory Com- Alcohol Compliance - motion the documents mission recommending Civil Penalties for were received and filed approval of the site Alcohol License and Resolution No. 264- plan for a new, three- Holders: City Manager 11 Accepting the IA 32 story, assisted living recommending accept - and Asbury Road Turn center located at 3390 ance of the Acknow- Lane Improvements Lake Ridge Drive as ledgement /Settlement Project, Iowa DOT requested by Greg Agreement for Best Project No. STP -32- McClenahan for Rose Western Plus Dubuque 1(30)-- 2C -31, and of Dubuque, LP. Upon Hotel /Champps Ameri- authorizing the pay- motion the documents cana for their second ment of the contract were received, filed, violation. Upon motion IOWA {` COUNTY RTIFICATION OF PUBLI Billing Clerk for Woodward her of the Telegraph Herald, ty of Dubuque, County of D J!IUO pamain u] paus!Ignd aaa e 41wgnS ay; uo uol;ewJo4u! pap!noJd JteaH an5G Jo ;OaJla ;uawdolanaG o!wouoo3'l!ounoD woJ4 suo!4sanb o; 6u! - puodsaa �!alusaa Aq papuooaS •uol ;Epuaw -w03aJ ay; anojdde pus s ;uawnoop ay; al!4 pus anlaoaJ 04 sJODUO3 Aq uol4oyy •43alad ;uaw - dolanapai ODOVmVO ay; uMo o; sa!;Jadoid uauaiD Aq pewit); I1l4ua ;uaJalllp E `011 'pJO!puel ODOVIV3 04 `Sal;JadoJd uauojo 10 IUS!p!sgns SE 'dill '6ul PI!n8 03OVHVO pus anbngn( 10 J( ;!D ay; uaaM;aq ;uawaaJ6V Jan!eM pus 's;usJo pus ueol uo!4E4l fgeyaa UMO4UMOG ' ;uawaaJ6V ;uawdolanaG ay; 40 4uawu6!sss US 40 lsn -oxide 6u!puawwooaJ Ja6EUpyy ;!D :wow -aaJ6V ;uawdolanaG }o ;uawu6!ssy - 311 `pJoipuel ODOVaVO '0 -L Pal-L123 uo!4oy4 '6!5J8 Aq papuooaS •uo! ;Epuaw -wooaJ ay; anoJdds pus s ;uawnoop ay; 3111 pus anlaoaJ 0; saouuo3 ICq uo!4ow •sao!flo ;uaw -pedalo 6u!snoH al-14 pasnoy I lJaWJO4 yo!1M anuanV leJ;ua3 S08T ;e 6u!pl!nq t# asnoH aul6u3 ay; a4s1!I!geyaJ pus Ilas o4 uo! ;eJod -J03 ;uawdolanaG Al! 11n111111/1n ,cn„ ,n vi inn 12C Wednesday 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 Commun- ity 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 34!IPI!M pue ys!j •s•n ay; puE saoJnosaa leJn4EN 10 ;uaw;JEdaa 5MOI ay; ;o aouaJ - Jnouoo pus IenoJdde ay; paAla3aJ spy peg -uoo ;uawanoJdw! ay; 10 penny ayj •1So3 aiq sgoJd 40 a ;ewl45a ay; Japun %TL'0 51 y0!4m '000`6£S'T$ 10 ;unows ay; u! now uo!;onJ4s -uop uaz1JOd `Japplq MOI 3144 04 ;OSJ ;UOO ay; 10 pJEME 6u! - puawwooaJ Ja6eueyy A4!3 :Z ON 965)135d P!8 - 43al°Jd eulJEy4 anbngna ;o iJOd '0-L pa!JJSO u0!4O 4 "savor Aq papuooaS •s ;aaJ ;S uo;6ulys5M pus uos>loel Uaam;aq s ;aaJ ;S 4181 - 114LT) 4PajoJd sJaned aigeawJad ICa4V uaaJD ay; J04 panlaoaJ s1Es -odoJd p!q an14!4adwoo Ile 6u!4alaa TT -£8Z oN uo! ;nlosaa ;dope pus s;uawnoop ay; 31!1 pus an!a3aJ 0; 615.9 Rq uo!4oyy •s ;aaJ ;S uo; - 6ulyseM pus Uos>Ioef uaam4aq S;aaJ ;S 14181 - 4411) ;oaloJd sJaned algeawJad RallV uaaJD ay; Jo} panlaoaJ splq and;! ;adwoo 115 ;o uo!4oalaJ 6ulpuaw -W033J Ja6susyy ' ;13 : ;oaloJd sJaned algp -awJad (ally uaaJD 0 -1 uJEO l4 4 •61sJg RPaq papuoouo0 aS August 24, 2011 • 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 Com- mercial District to C -4 Downtown Commercial District and the Zoning Advisory Commission recommending appro- val. 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. Second- ed by Connors. Plan- ning Services Manager Laura Carstens pro- vided 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 puel pue ;uawaaJ6V ;uawdolanaG RlddnS le!J;snpul uaaJD '0 -L pa!Jeo uo!4ow •6!5J8 Rq papuooaS aload 1003 woos dwnd ay; Jo; ;Soo pa4ewi4sa pus '435J4 -UO3 10 WJOJ 'SU014E3 - !;loads 10 lenoJddv TT-6LZ TN uopnlosaa ;dope pus s ;uawnoop ay; all; pus anlaoaJ 0; sJODUOD Aq uo!400! len -adds 6wpuawwooaJ Ja6EUeyy 43 ay; pus ' ;oaloJd ;uawaosldad 1008 woos dwnd ay; Jot ;son pa;Ew -I ;sa pup 'psJ4uo3 40 WJOJ `suo!4eol }!pads ay; anoJdde 04 6u!JEay o!lgnd 10 ao!;ou uo uol ;eollgnd o mad : ;oaloJd ;uawaoEldaa 1008 woos dwnd '0-L PauJeo uol;oyy •6!Ea8 Fq pa - puooa5.6ulp!!nq annoy gnlo ay; 6ul6JElua pus s ;lun 4uaw4JEde leuo! ;Ippe aaJ4; Mope o; papuaws bu!aq Mou pus 'uo! ;oasJa ;u! ;aaJ4S 13443 pus anuanV IG ;lsJan!ul ay; o yIJ0u pa ;pool 'uo!4su6!sal l5!;uaplsaa pauuejd E y4lM ;uawdolanaG ;!un pauueld a Jot suol;slnbaJ pays!lgs ;sa 4o14M '60 -9E aoueu leap }o ;uawpuaws ay; Jot OulpinoJd Aq 'apo3 ;uawdolanaG Telegraph Herald • bonds up to $350,000 to assist in the renovation of the former Holy Ghost School and Convent buildings, and the City Manager recommending appro- val. Motion by Connors to receive and file the documents and adopt Resolution No. 281 -11 Approving a Devel- opment Agreement with Paragon Square, LLC for the property located at 2887 and 2901 Central Avenue; and Resolution No. 282- 11 Instituting proceed- ings to take additional action for the issuance of not to exceed $350,000 Urban Renew- al Tax Increment Revenue Notes. Seconded by Braig. Motion carried 7 -0. 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 /spJeoB 6u!M011o} ay; Uo anJ3S o; aJlsap J!ay; 6u!pJE6aJ I!ouno3 AID ay; ssaJpp5 o; pa4lnul aJaM s;ueoliddy SNOISSI W WOD /souvoe •6ulppne IEJapaj o1JO;s1H 3113 u! TIOZ '9 Jagwa;das uo •w•d OE:9 45 aouawwoo 04 6u! ;aaw e Jo; 61.1!JSay o!lgnd E bulges •pa ;dope SEM ( ;aaJ45 uo; - 6u!yseM ZO£Z)4oaJay4 field papJ003J ay; o; 6u! - pJ033e'eMo! 'anbngna 40 A1l3 ay; U! •0N uols!n!pgns you5JB aa8 10 T 401 'lleoi4 -!Dads 'AuadoJd pauMo -A413 10 asods!p o; uo!4ua ;u! JO uo! ;nlosaa TT-81Z 'ON uo! ;nlosaa pus pal14 pus panlaoaJ aJaM sIuawnoop ay; uol ;ow uodg • ;aaJ ;S uo ;6u!yseM ZOEZ ;s Apadoid paumo -A413 40 Issods!p JapISUO3 04 ITOZ '9 Jagwa ;daS Jot ;as aq 6uueay ollgnd E 6u!puawwooai Ja6eu5yy AID : ;aaJ1S uo;6u!yseM ZOEZ - A4adoJd JO al5S •6u!pl!n8 IEJapaj 3lJo ;slH ay; U! TTOZ '9 Jagwa ;daS uo •w•d OE:9 45 aouawwoo 04 6ul4aaw e Jot buueay ollgnd e hulas •pa ;dope sEM ( ;aaJ ;S uo; -Stange... e cairn-Mat thonline.com Session. This is consis- tent with one of the Mayor and the City Council's top priorities, Sustainable Dubuque. Motion by Jones to receive and file the documents and ap- prove the recommen- dation. Seconded by Braig. Motion carried 7 -0. Green Vision Educa- tion: City Manager requesting approval to schedule a work session for Tuesday, September 6, 2011 at 5:15 p.m. on the Green Vision Education pro- gram 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. dates: Aug IOWA COUNTY RTIFICATION OF Billing Clerk for Wo her of the Telegraph ty of Dubuque, Cour the—all-ached notice was pub] ust 24, 2011, and for which t approve the recom- mendation. 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 It 8/24 ore me, a Notary Publ ay of Notary Pi 1 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 Federal Building, 350 W. 6th 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 Federal Building, 350 W. 6th 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 Vuy, Fishnick tor property damage; Rita Menadue for property damage; Michael and Nickole O'Connor for property damage; River Valley Nursery and Landscap- ing 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. 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: Patri- cia 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 docu- ments were received, filed and concurred. Delinquent Water, Sewer, Refuse and Stormwater Collection Accounts: City Man- ager 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 Assess- ments to the County Treasurer and to publish notice thereof Acceptingthe Carnegie - Stout Public Library Renovation Project - Contract No. 8 and authorizing the pay- ment of the contract amount to the con- tractor was adopted. IA 32 and Asbury Road Turn Lane Improve- ments: City Manager recommending accept- ance of the construc- tion contract for the IA 32 and Asbury Road Turn Lane Improve- ments 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 pay- ment of the contract amount to the con- tractor was adopted. Historic White Water Creek Bridge Phase 3 - Bridge Abutments:, City Manager Recommend- ing acceptance of the improvements and authorizing payment of the contract amount of $51,837.50 to Tschigg- frie 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 Reloca- tion Project, Phase 3 - Bridge Abutments and authorizing the pay- ment of the contract amount to the con- tractor was adopted. 2011 Detention Basin Maintenance Program: City Manager recom- mending approval of the final assessments for the FY2011 Deten- tion Basin Maintenance Program. Upon motion the documents were received and filed and Resolution No. 266-11 Adopting the Final Assessment Schedule for the Fy2011 Deten- tion Basin Maintenance Project was dopted. 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 Resolution of 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 Resolution of intention to dispose of City - owned property, speci- fically Lot 2 of Bee Branch Subdivision No. 1 in the City of Dubuque, Iowa, accord- ing to the recorded plat thereof (2300 Washing- ton Street) was adopted. setting a public hearing for a meeting to commence at a./n n ,n nn Council meetings prior to the meeting at which it is to be passed be suspended. Second- ed by Connors. Plan- ning Services Manager Laura Carstens pro- vided 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 herein- after described pro- perty located at 1845 Washington Street from C-2 Neighborhood Shopping Center Dis- trict and R-2a Alternate Two -Family Residential District to C-4 Down- town Commercial Dis- trict. Seconded by Con- nors. Motion carried 7-0. Planned Residential District - 2763 Univer- sity Avenue: Request from Tom Kluck to amend the Planned Residential District for property located at 2763 University Avenue to permit a 60-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 Ad- visory Commission re- commending approval subject to conditions. Citizen petition sub- mitted 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. Second- ed 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 Car- stens provided a staff report. Zoning Advi- sory Commission Chair- person 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 Ordi- nance 36-09, which oetahlicho,i rani latinne Sta" City mit den Finr din( Dep Res City terr fort por Wal Fun Bra Upc doc rem 339i Ros Zon mis app plar stor cen Laic! regr Mc( of mot wer and In tatic App ages subi app func Dub Trar in ti Dist the rece appi Ti Proc Perr reco val • cleri ass!: inch due roof to t the i ical rece ject ame moti wer( and ( Bonc and Oblic Serif Man, ing sugg to cc requ Serie al Tax Increment Revenue Notes. Seconded by Braig. Motion carried 7-0. 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 Pro- mise program. Motion by Connors to receive and file the informa- tion. Seconded by Braig. Motion carried 7-0. Lake Ridge Economic Development District - Tax Increment Finan- cing: City Manager recommending appro- val of an ordinance creating the tax increment financing district for the Lake Ridge Economic Devel- opment 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 require- ment that a proposed ordinance be con- sidered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Second- ed by Braig. Motion carried 7-0. Motion by Connors for final con- sideration 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 Devel- opment 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, in- cluding bonds issued or to be issued, incur- red by said City in con- nection with the Lake Ridge Economic Devel- opment District Rede- velopment Project. Seconded by Braig. Motion carried 7-0. Green Alley Perme- able Pavers Project: City Manager rarnm- Resolution No. Approving plz proposed vacate in the 1900 bl' Garfield Avenue adopted settil public hearing meeting to com at 6:30 p.m September 6, 2 the Historic I Building. Sale of ProF STATE OF IOWA {SS: 2300 Wast Street: City M DUBUQUE COUNTY recommending a U Q hearing be s( September 6, 2 consider dispo: City -owned prop 2300 Wash Street. Upon the documents received and file Resolution No. Resolution of im to dispose of owned property, I fically Lot 2 c Branch Subdivisi 1 in the Ci Dubuque, Iowa, z ing to the record I thereof (2300 Wi ton Street) adopted. setti public hearing meeting to com at 6:30 p.m September 6, 2 the Historic I Building. Sale of Pror 2302 Wash Street: City M recommending a hearing be s( September 6, 2 CERTIFICATION OF PUBLICATION , Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa orporation, publisher of the Telegraph Herald,a newspaper of general circulation ►ublished in the City of Dubuque, County of Dubuque and State of Iowa; hereby ertify that the attached notice was published in said newspaper on the following fates: August 24, 2011, and for which the charge is $333.89. ) Lee Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, Healthcare Center In- stitutional District to I allow construction of a four-story nursing ad- dition and a one-story therapy center. 2. Rezoning a. Applicant: Tom Thompson b. Location: 3400 Block of Keymont Drive c. Description: To rezone property from R-2 Two -Family Resi- dential District to R-3 Moderate Density Multi -Family Residen- tial District. 3. Text Amendment a. Applicant: City of Dubuque b. Description: To amend Section 6-4 Flood Hazard Overlay District of the Unified Development Code. H. ITEMS FROM PUB- LIC n+�ee•tnvonein 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 ap- prove 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 car- ried 7-0. Bee Branch Creek Restoration Project - Acquisition of Junnie & Rich's Coin: City Mana- ger recommending acquisition of a pro- perty at the northwest corner of the inter- section of Cedar Street and 15th 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 - Acquisitibn of 2250 Washington Street: City Manager recom- mending acquisition of a duplex located at 2250 Washington Street for the Bee Branch Creek Restoration Pro- ject. Motion by Con- nors 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 recom- mending approval of the assignment of the Development Agree- ment between the City of Dubuque and Engine House #1, LLC, a subsidiary of Dubuque Initiatives, to Dubuque Bank & Trust Commun- ity Development Cor- poration to sell and rehabilitate the Engine House #1 building at 1Roc Central Avenue his cow day of /. � �,I� , 20 // ' Notary Public in and for Dubuque County, Iowa. NARY K. WEST-ERME' Commisslon Number 154 thonline.com • Telegraph Herald • Wednesday, August 24, 2011 11C such business that may was adopted Dubuque Stamping & bond issuance. Upon were received and filed and Resolution No. 268- 11 Appointing Registrar and Paying Agent Series 2011A, Resolu- tion No. 269-11 Author- izing 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 appro- val of RISE application and commitment of local match for 7th and Commercial Streets. Upon motion the documents were received and filed and Resolution No. 272-11 Endorsing the submis- sion of a Revitalize Iowa's Sound Economy (RISE) application to the Iowa Department of Transportation for the construction of 7th and Commercial Streets was adopted. Public Financial Lea ers ip Management, Inc. Innovation. mending acceptance of Improvement Project (PFM Group, Inc.): City CONSENT ITEMS the construction con- (HDPIP) - Four Mounds Manager transmitting Motion by Lynch to tractfrom the Carnegie- Estate Site Plan. Upon correspondence from receive and file the Stout Public Library motion the documents the PFM Group, Inc., documents, adopt the Renovation Project - were received, filed regarding the City's resolutions and Contract No. 7, Roof- and approved. key credit character - dispose of as indicated. ing, as completed by Water and Sanitary istics and pricing Seconded by Connors. Geisler Brothers in the Services Funding trends. Upon motion Motion carried 7-0. final amount of Request: City Manager the document was Minutes and Reports $101,020.82. Upon recommending the received and filed. Submitted: City Coun- motion the documents reallocation of funds to Sustainable Dubuque cil proceedings of 8/1; were received and filed pay for a utility -related Monthly Report: City Community Develop- and Resolution No. 262- study examining the Manager submitting ment Advisory Commis- 11 Accepting the impacts of extending the Sustainable Dubu- sion of 6/15; Historic Carnegie -Stout Public sewer and water to the que Monthly report for Preservation Commis- Library Renovation Pro- Airport. Upon motion July 2011. Upon motion sion of 7/21; Invest- ject - Contract No. 7, the documents were the documents were ment Oversight Com- Roofing, and Author- received, filed and received and filed. mission of 7/27; Zoning izing the Payment of approved. Quarterly Investment Advisory Commission the contract amount to AIMS Parking Enforce- Report: City Manager of 8/1; Zoning Board of the contractor was ment Software Module: submitting the Quar- Adjustment of 7/28 adopted. City Manager recom- terly Investment Library Board of Carnegie -Stout Public mending the purchase Report as of June 30, Trustees Update from Library Renovation of an additional pay- 2011. Upon motion the Meeting of 7/28 Project - Contract No. ment software module documents were Proofs of Publication 8: City Manager recom- from AIMS, the Parking received and filed. for City Council Pro- mending acceptance of Division software Mediacom: Communi- ceedings of 7/18; List the construction con- vendor, which will cation from Lee of Claims and Sum- tract for the Carnegie- enhance the online Grassley, Senior Mana- mary of Revenues for Stout Public Library availability to cus- ger of Government Month Ended June 30, Renovation Project - tomers and provide a Relations for Media- 2011 Contract No. 8, more seamless and com Communications Upon motion the Elevator, as completed reliable system for the Company advising the rdocuments eceived and filed. in by theon finalnstruction contract processing Upon of motion n adapter of a that ew digital all Notice of Claims/ amount of $132,600. the documents were Mediacom customers Suits: Patricia Bodnar Upon motion the received, filed, and will need and the for vehicle damage; documents were approved. associated fees as of Nicolas Davis for received and filed and Iowa Department of September 15, 2011. vehicle damage, Todd Resolution No. 263-11 Natural Resources - Upon motion the Fishnick for property AcceptingtheCarnegie- State Revolving Fund: document was damage; Rita Menadue Stout Public Library City Manager trans- received and filed. for property damage; Renovation Project - miffing correspon- Signed Contracts: 1) Michael and Nickole Contract No. 8 and dence from Patti Cale- Water Pollution Control O'Connor for property authorizing the pay- Finnegan, SRF Coor- Plant Modifications damage; River Valley ment of the contract dinator for the Iowa Project budget in - Nursery and Landscap- amount to the con- Department of Natural crease request from ing . for payment of tractor was adopted. Resources advising the MWH America's Inc.; 2) subcontractor work IA 32 and Asbury Road City of Dubuque of the Water Pollution Control related to the Dubuque Turn Lane Improve- terms of a loan Plant Modifications Industrial Center; ments: City Manager forgiveness for a Change Order Nos. 8 Aaron Shivers for vehicle damage; John ancemofethe nco strut- Waterg acct- Sate of tRevolving Constructionhe Clean and 9 Co., h MIncn Sjobakken for property tion contract for the IA Fund for the Upper Bee 3) Tenth and Central damage; Cathy 32 and Asbury Road Branch Creek Project. Street Parking Ramp Krueger for property Turn Lane Improve- Upon motion the 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 accept- ance of the Acknow- ledgement/Settlement Agreement for Best Western Plus Dubuque Hotel/Champps Ameri- cana 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 Restau- rant 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 Appli- cations: City Manager recommending appro- val 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 Per- form./Shireman Bene- fit; 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 properly the Council Assessor:. Communica- pany: City Manager Pledge of Allegiance tion from Richard A. recommending an Invocation was Engelken, City Asses- amendment to the provided by Sister Amy sor, advising the City Development Agree- Golm of Clarke that the Board of ment with Dubuque University Review has four Stamping & Manufac- PROCLAMATION appeals before the turing, Inc. and R & S Kinderpalooza Day Property Assessment Realty, LLC. Upon (September 8, 2011) Appeal Board in Des motion the documents was accepted by Moines and four were received and filed Peggy Johansson of appeals filed with the and Resolution No. 267- the Dubuque Com- Iowa District Court. 11 Approving the First munity School District Upon motion the docu- Amendment to the Professional Center, ment was received and DManufacturing, uetuStamping a pingln& 700 Locust Street. filed. c. PRESENTATION Bee Branch Creek and R & S Realty, LLC 2010 Iowa Environ- Restoration Project - Development Agree - mental Excellence 1502 Maple Street: City ment was adopted. Award: Sustainable Manager recommend- Safe Community Task Dubuque Coordinator ing approval acquisi- Force: City Manager Cori sented Burbach the 2010 Iowa 11on 502of MaplepSt eetyfor City recommending ad that the adopt the Environmental Excel- $73,000 for the Bee preservation briefs of lence Award for Out- Branch Creek Restora- the National Park standing Environmen- tion Project. Upon Service. Upon motion tal Leadership and motion the documents the documents were Innovation. were received and filed received, filed and Correspondence from and Resolution No. 261- approved. Lt. Governor Kim 11 Approving the acqui- Historic Preservation Reynolds congratulat- sition of real estate Commission - Four ing the City of Dubuque owned by Milton E. Mounds Estate Site on receiving the Schwartz in the City of Plan Historic Preser- Governor's Iowa Dubuque was adopted. vation Commission Environmental Excel- Carnegie -Stout Public requesting approval of lence Award for Out- Library Renovation additional funding standing Environmen- Project - Contract No. associated with the tal Leadership and 7• City Manager recom- Historic District Public 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 Federal Building, 350 W. 6th 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 Davis for vehicle applicants for the damage, Todd Fishnick position of City Clerk: for property damage; 1. Kevin Firnstahl, Cathy Krueger for Acting City Clerk, property damage, Rita Dubuque, Iowa Menadue for property 2. Linda Gaul, City damage; Kelly Schiel Clerk/Treasurer, City for personal injury; of Earlville, Iowa Aaron Shivers for 3. Jennifer Quinton, vehicle damage; and Deputy City Clerk, City John Sjobakken for of Elgin, Iowa property damage. The City Council Upon motion the docu- recessed from 5:24 ments were received, p.m. to 5:42 p.m. filed and concurred. 4. Teevie Walker, Delinquent Water, Assistant City Clerk, Sewer, Refuse and City of Valley Center, Stormwater Collection Kansas Accounts: City Man - There being no ager recommending further business, upon authorization to submit motion the City Council delinquent water, adjourned at 5:57 p.m. sewer, refuse and /s/Kevin S. Firnstahl storm water collection Acting City Clerk accounts to the CITY OF DUBUQUE, Dubuque County IOWA Treasurer in order to CITY COUNCIL establish real property PROCEEDINGS liens for collection of The City Council met such past due in regular session at accounts. Upon motion 6:30 p.m. on August 15, the documents were 2011 in the Historic received and filed and Federal Building, 350 Resolution No. 260-11 W. 6th Street. .Adopting the Schedule Present: Mayor Buol, of Assessments for Council Members delinquent water, 1 sewer, refuse and Office of the City Manufacturing Com- motion the documents damage; and George ments Project as documents were Weinberg for vehicle completed by Eastern received and filed. damage. Upon motion Iowa Excavating and Site Plan Review - the documents were Concrete, LLC in the 3390 Lake Ridge Drive / Rose of Dubuque, LP: Zoning Advisory Com- mission 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. Intermodal Transpor- tation System - Grant Applications: City Man- ager 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 motion the documents Permits: City Manager were received and filed recommending appro- and Resolution No. 265- val to hire a part-time 11 Accepting the clerical worker to Historic White Water assist with the Creek Bridge Reloca- increased work load tion Project, Phase 3 - due to the increase in Bridge Abutments and roofing permits related authorizing the pay- to the hail storm and ment of the contract the increase in mechan- amount to the con- ical permits due to the tractor was adopted. recent flooding, sub- 2011 Detention Basin ject to a future budget Maintenance Program: amendment. Upon City Manager recom- motion the documents mending approval of were received, filed, the final assessments and approved. for the FY2011 Deten- General Obligation tion Basin Maintenance Bonds Series 2011A Program. Upon motion and Taxable General Braig, Connors, ones, the documents were Obligation Bonds Lynch, Resnick, Sutton, stormwater accounts received and filed and Series 2011B: City City Manager Van and directing the City Resolution No. 266-11 Manager recommend- Milligen, City Attorney Clerk to certify the Adopting the Final ing approval of the Lindahl Schedule of Assess- Assessment Schedule suggested proceedings Mayor Buol read the ments to the County for the Fy2011 Deten- to complete the action call and stated this is a Treasurer and to tion Basin Maintenance required on the recent regular session of the publish notice thereof Project was dopted. Series 2011A and 2011E City Council to conduct 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 cnriatvc and a Class received, filed and final contract amount referred to the City of $436,288.34. Upon Attorney. motion the documents City Attorney advising were received and filed that the following and Resolution No. 264- claims have been 11 Accepting the IA 32 referred to Public and Asbury Road Turn Entity Risk Services of Lane Improvements Iowa, the agent for the Project, Iowa DOT Iowa Communities Project No. STP-32- Assurance Pool: Patri- 1(30)--2C-31, and cia Bodnar for vehicle authorizing the pay - damage; Nicholas ment of the contract amount to the con- tractor was adopted. Historic White Water Creek Bridge Phase 3 - Bridge Abutments:, City Manager Recommend- ing acceptance of the improvements and authorizing payment of the contract amount of $51,837.50. to Tschigg- frie Excavating, Inc. for the Historic White Water Creek Bridge Relocation Project, Phase 3 - Bridge Abutments. Upon uNUI, receive - and fire —the' motion the City Council document and approve adjourned at 8:23 p.m. the request. Seconded Kevin S. Firnstahl by Braig. Motion Acting City Clerk carried 7-0. It 8/24 Bee Branch Creek Restoration Project Phase II Design: City IOWA {SS: COUNTY RTIFICATION OF PUBLICATION Billing Clerk for Woodward Communications, Inc., an Iowa her of the Telegraph Herald,a newspaper of general circulation ity of Dubuque, County of Dubuque and State of Iowa; hereby ched notice was published in said newspaper on the following Z011, and for which the charge is $333.89. f3,4 "3""-' Te me, a Notary Public in and for Dubuque County, Iowa, y of ,20/if Notary Public in and for Dubuque County, Iowa. MARY K. WESTERME' Commission Number 154 ;ze Council meetings prior to the meeting at which it is to be passed be suspended. Second- ed by Connors. Plan- ning Services Manager Laura Carstens pro- vided a staff report. al Tax Increment Revenue Notes. Seconded by Braig. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the City Council. MTV.. IC ne..,n„, ,- rannactina 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 Commun- ity 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 Resolution of 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 Resolution of intention to dispose of City - owned property, speci- fically Lot 2 of Bee Branch Subdivision No. 1 in the City of Dubuque, Iowa, accord- ing to the recorded plat thereof (2300 Washing- ton 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. 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 Resolution of Intention to dispose of City - owned property, speci- fically Lot 1 of Bee Branch Subdivision No. 1 in the City of Dubuque, Iowa, accord- ing to the recorded plat thereof (2302 Washing- ton 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). 12C Wednesday, August 24, 2011 • Telegraph Herald • thonline.com Session. This is consis- tent with one of the Mayor and the City Council's top priorities, Sustainable Dubuque. Motion by Jones to receive and file the documents and ap- prove the recommen- dation. Seconded by Braig. Motion carried 7-0. Green Vision Educa- tion: City Manager requesting approval to schedule a work session for Tuesday, September 6, 2011 at 5:15 p.m. on the Green Vision Education pro- gram 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 ap- prove 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 car- ried 7-0. Bee Branch Creek Restoration Project - Acquisition of Junnie & Rich's Coin: City Mana- ger recommending acquisition of a pro- perty at the northwest corner of the inter- section of Cedar Street and 15th 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 recom- mending acquisition of a duplex located at 2250 Washington Street for the Bee Branch Creek Restoration Pro- ject. Motion by Con- nors 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 recom- mending approval of the assignment of the Development Agree- ment between the City of Dubuque and Engine House #1, LLC, a subsidiary of Dubuque Initiatives, to Dubuque Bank & Trust Commun- ity Development Cor- poration to sell and rehabilitate the Engine House #1 building at 1805 Central Avenue which formerly housed the Housing Depart- ment offices. Motion by Connors to receive and filethe documents and approve the recom- mendation. Seconded by Braig. Motion carried 7-0. CARADCO Landlord, LLC - Assignment of Development Agree- ment: City Manager recommending appro- val of an assignment of the Development Agreement, Downtown Rehabilitation Loan and Grants, and Waiver Agreement between the City of Dubuque and CARADCO Build- ing, LLLP, as subsidiary of Gronen Properties, to CARADCO Landlord, LLC, a different entity formed by Gronen Properties to own the CARADCO redevelop- ment project. Motion by Connors to receive and file the documents and approve the recom- mendation. Seconded by Resnick. Respond- ing 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 modi- 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 Com- mercial District to C-4 Downtown Commercial District and the Zoning Advisory Commission recommending appro- val. 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. Second- ed by Connors. Plan- ning Services Manager Laura Carstens pro- vided 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 herein- after described pro- perty located at 1845 Washington Street from C-2 Neighborhood Shopping Center Dis- trict and R-2a Alternate Two -Family Residential District to C-4 Down- town Commercial Dis- trict. Seconded by Con- nors. Motion carried 7-0. Planned Residential District - 2763 Univer- sity Avenue: Request from Tom Kluck to amend the Planned Residential District for property located at 2763 University Avenue to permit a 60-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 Ad- visory Commission re- commending approval subject to conditions. Citizen petition sub- mitted 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. Second- ed 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 Car- stens provided a staff report. Zoning Advi- sory Commission Chair- person 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 Ordi- nance 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. Second- ed 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 esti- mated cost for the Pump Room Roof Replacement Project, and the City Manager recommending appro- val. Motion by Connors to receive and file the documents and adopt Resolution No. 279-11 Approval of specifi- cations, form of con- tract, 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 publica- tion on notice of public hearing to consider the disposition of approxi- mately 24.506 acres of bonds up to $350,000 to assist in the renovation of the former Holy Ghost School and Convent buildings, and the City Manager recommending appro- val. Motion by Connors to receive and file the documents and adopt Resolution No. 281-11 Approving a Devel- opment Agreement with Paragon Square, LLC for the property located at 2887 and 2901 Central Avenue; and Resolution No. 282- 11 Instituting proceed- ings to take additional action for the issuance of not to exceed $350,000 Urban Renew- al Tax Increment Revenue Notes. Seconded by Braig. Motion carried 7-0. 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 Pro- mise program. Motion by Connors to receive and file the informa- tion. Seconded by Braig. Motion carried 7-0. Lake Ridge Economic Development District - Tax Increment Finan- cing: City Manager recommending appro- val of an ordinance creating the tax increment financing district for the Lake Ridge Economic Devel- opment 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 require- ment that a proposed ordinance be con- sidered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Second- ed by Braig. Motion carried 7-0. Motion by Connors for final con- sideration 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 Devel- opment 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, in- cluding bonds issued or to be issued, incur- red by said City in con- nection with the Lake Ridge Economic Devel- opment District Rede- velopment Project. Seconded by Braig. Motion carried 7-0. Green Alley Perme- able Pavers Project: City Manager recom- mending rejection of all competitive bids received for the Green Alley Permeable Pavers Project (17th - 18th Streets between Jackson and Washing- ton Streets. Motion by Braig to receive and file the documents and adopt Resolution No. 283-11 Rejecting all competitive bid propo- sals received for the Green Alley Permeable Pavers Project (17th - 18th Streets between Jackson and Washington Streets. Seconded by Jones. Motion carried 7-0. Port of Dubuque Marina Project - Bid Package No. 2: City Manager recommend- ing award of the contract to the low bidder, Portzen Con- struction Inc., in the amount of $1,539,000, which is 0.71% under the estimate of proba- ble cost. The award of the improvement con- tract has received the approval and concur- rence 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 approve the recom- mendation. 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 It 8/24 ore me, a Notary Public in and for Dubuque County, Iowa, ay of 20 // Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEY. ! ,� Commission Number 154 _ nla cpvmrl, Ero, FE9._i.,.2Th .1, u, !ICI IU Ll IC rla,Oleu Avenue: City Manage 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 Resolution of 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 Resolution of intention to dispose of City - owned property, speci- fically Lot 2 of Bee Branch Subdivision No. 1 in the City of Dubuque, Iowa, accord- ing to the recorded plat thereof (2300 Washing- ton 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. 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 Resolution of Intention to dispose of City - owned property, speci- fically Lot 1 of Bee Branch Subdivision No. 1 in the City of Dubuque, Iowa, accord- ing to the recorded plat thereof (2302 Washing- ton 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: Amy Eudaley, 950 Wood Street; Mitzi Krey, 433 W. 3rd Street (Additional Applicant); Regine Ronek, 2282 White Street. Ms Patricia Rogaskie, 1502 Y2 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 car- ried 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 Cove- nants and Restriction Conservation Ease- ment on the specified property at the Dubu- que Regional Airport, and the City Manager I recommending appro- val. Motion by Jones to remove this item from the agenda. Seconded by Braig. Motion carried 7-0. a Upon motion the rules o were suspended allow- ing anyone present to address the City t Council. 1 r Residential District fo property located 2763 University Avenue to permit a 60-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 Ad- visory Commission re- commending approval subject to conditions. Citizen petition sub- mitted 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. Second- ed 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 Car- stens provided a staff report. Zoning Advi- sory Commission Chair- person 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 Ordi- nance 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. Second- ed 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 esti- mated cost for the Pump Room Roof Replacement Project, and the City Manager recommending appro- val. Motion by Connors to receive and file the documents and adopt Resolution No. 279-11 Approval of specifi- cations, form of con- tract, 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 publica- tion on notice of public hearing to consider the disposition of approxi- mately 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/dis- tribution and light manufacturing facility pursuant to a devel- opment agreement with the City and the use of Urban Renewal Tax Increment Reve- nue Obligations; and the City Manager recommending appro- val. Motion by Lynch to receive and file the documents and adopt Resolution No. 280-11 Approving a devel- opment 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 Devel- opment Corporation, 300 Main Street, spoke in favor of the agreement citing the need for economic development Sue and Patrick Green's busi- ness success. Motion carried 7-0. Paragon Square - Urban Renewal Tax ncrement Revenue Notes and Develop- ment Agreement: Proof of publication on notice of public hearing to consider pproval of a Devel- pment Agreement with Paragon Square LLC and approval of he sale of Tax ncrement Financing 2 rtiuye ccunOrnw never r opment District to at 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 require- ment that a proposed ordinance be con- sidered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Second- ed by Braig. Motion carried 7-0. Motion by Connors for final con- sideration 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 Devel- opment 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, in- cluding bonds issued or to be issued, incur- red by said City in con- nection with the Lake Ridge Economic Devel- opment District Rede- velopment Project. Seconded by Braig. Motion carried 7-0. Green Alley Perme- able Pavers Project: City Manager recom- mending rejection of all competitive bids received for the Green Alley Permeable Pavers Project (17th - 18th Streets between Jackson and Washing- ton Streets. Motion by Braig to receive and file the documents and adopt Resolution No. 283-11 Rejecting all competitive bid propo- sals received for the Green Alley Permeable Pavers Project (17th - 18th Streets between Jackson and Washington Streets. Seconded by Jones. Motion carried 7-0. Port of Dubuque Marina Project - Bid Package No. 2: City Manager recommend- ing award of the contract to the low bidder, Portzen Con- struction Inc., in the amount of $1,539,000, which is 0.71% under the estimate of proba- ble cost. The award of the improvement con- tract has received the approval and concur- rence 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 ques- tions from City Council, Assistant City Engineer Bob Schiesl stated that the building stage of the project is sche- duled for completion in late March 2012, and the site work is sche- duled for completion mid May 2012. Motion carried 7-0. Spahn and Rose Lumber Company: City Manager recommend- ing the approval of a Development Agree- ment with Spahn & Rose Lumber Co. regarding the lease of the former City Opera- tions 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 documents and adopt Resolution No. 285-11 Approving a Devel- opment 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 Mana- ger recommending approval of the 50% by 2030 greenhouse gas reduction target as presented by Green t Dubuque and a community -based Task Force at the July 5, t 011 City Council Work d esee nrancn l reeK' Restoration Project - Acquisition of Junnie & Rich's Coin: City Mana- ger recommending acquisition of a pro- perty at the northwest corner of the inter- section of Cedar Street and 15th 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 recom- mending acquisition of a duplex located at 2250 Washington Street for the Bee Branch Creek Restoration Pro- ject. Motion by Con- nors 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 recom- mending approval of the assignment of the Development Agree- ment between the City of Dubuque and Engine House #1, LLC, a subsidiary of Dubuque Initiatives, to Dubuque Bank & Trust Commun- ity Development Cor- poration to sell and rehabilitate the Engine House #1 building at 1805 Central Avenue which formerly housed the Housing Depart- ment offices. Motion by Connors to receive and filethe documents and approve the recom- mendation. Seconded by Braig. Motion carried 7-0. CARADCO Landlord, LLC - Assignment of Development Agree- ment: City Manager recommending appro- val of an assignment of the Development Agreement, Downtown Rehabilitation Loan and Grants, and Waiver Agreement between the City of Dubuque and CARADCO Build- ing, LLLP, as subsidiary of Gronen Properties, to CARADCO Landlord, LLC, a different entity formed by Gronen Properties to own the CARADCO redevelop- ment project. Motion by Connors to receive and file the documents and approve the recom- mendation. Seconded by Resnick. Respond- ing 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 modi- fication in the colla- teral 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 ap- prove the recom- mendation. Seconded by Resnick. Motion carried 7-0. Long Range Planning Advisory Commission: Correspondence from the Long Range Plan- ning Advisory Commis- sion 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 recom- mending 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 recom- mending 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 he Purchase Agree- ment on behalf of the City. Motion by Jones o receive and file the ocuments and