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7 18 11 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in special session at 5:00 p.m. on July 18, 2011 in the His- toric 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 a work session on the Quarterly Sustainable Dubuque Update. WORK SESSION QUARTERLY SUSTAINABLE DUBUQUE UPDATE Sustainability Coordinator Cori Burbach provided a brief overview of the work session and in- troduced Eric Dregne of Dubuque 2.0, Rick Dickinson of Greater Dubuque Development Corp., and David Lyons of IBM. Topics included: 1. Sustainable Dubuque Update: social /cultural vibrancy a) green buildings, healthy local foods, community knowledge, reasonable mobility, and green industry b) Dubuqueworks workforce initiative • connecting talent to opportunity • AccessDubuquejJobs.com • CEO Network • cleaning up the image of the "dirty job" • battling local brain drain • building bridges to employment • one -stop concierge service • recruit, relocate, retain 2. Smarter, Sustainable Dubuque a) Water Study complete; extension /expansion opportunity b) smarter natural gas c) smarter travel d) smarter health e) smarter electricity • Smarter Electricity Pilot study - intent, implementation , and training • accessing the energy portal and demonstration • Smarter Sustainable Dubuque Help Desk - 563.590.6111 3. Sustainable Dubuque Indicators (SDI) project — Dubuque 2.0 a) indicators and indicator measurement for the 11 sustainability principles b) renewable energy asset mapping c) portrait of poverty in Dubuque d) local foods in local institutions e) design of Green and Health Homes Program There being no further business, upon motion the City Council adjourned at 6:03 p.m. /s /Kevin S. Firnstahl Acting City Clerk 2 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on July 18, 2011 in the His- toric Federal Building, 350 W. 6th Street. Present: Mayor Buol, Council Members, Braig, Connors, Jones, Lynch, Resnick, Sutton, City Manager Van Milligen, City Attorney Lindahl Pledge of Allegiance Invocation was provided by Chaplain Dave Pacholke of Finley Hospital. PROCLAMATIONS Fair Week (July 26 -31, 2011) was accepted by Dubuque County Fair General Manager Ja- mie Blum; Bank on Dubuque Month (July 2011) was accepted by Eric Dregne, Vice President of Programs, Community Foundation of Greater Dubuque. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Jones. Larry McDermott, 14407 Hwy 20 W., requested ( #7) Wild Rose Estate be held for separate discussion. Motion carried 7 -0. Minutes and Reports Submitted: Cable Community Teleprogramming Commission of 6/7; City Council proceedings of 7/5 and 7/6; Civil Service Commission of 6/1; Historic Preservation Commission of 6/16; Long Range Planning Advisory Commission of 6/15; Zoning Advisory Board of 7/6; Zoning Board of Adjustment of 6/23 Proofs of Publication for City Council proceedings of June 20 and 27; List of Claims and Summary of Revenues for Month Ended May 31, 2011 Upon motion the documents were received and filed. Notice of Claims /Suits: Amy Feipel for property damage; Mark Jennings for vehicle damage; Daniel Konichek for vehicle damage; Janet Romberg for property 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 Ser- vices of Iowa, the agent for the Iowa Communities Assurance Pool: Amy Feipel for property damage; Daniel Konichek for vehicle damage; Geraldine Hayes for property damage; Janet Romberg for property damage. Upon motion the documents were received, filed, and con- curred. Dubuque Jaycees — Fireworks Display: Communication from Tom Parsley, General Manag- er for Radio Dubuque, requesting permission to display fireworks on behalf of Radio Dubuque and the Dubuque Jaycees on July 3, 2012, with a rain date of July 4, 2012. Upon motion the documents were received, filed, and approved. 3 University of Dubuque — Fireworks Display: Communication from Security Officer Ross Salwolke on behalf of the University of Dubuque requesting permission to display fireworks at Chalmers Field on September 20, 2011 at approximately 10:25 p.m. for the Under the Lights football game. Upon motion the documents were received, filed, and approved. Friends of the Mines of Spain: City Manger transmitting a communication from Mines of Spain Park Ranger Wayne Buchholtz informing the City that the Friends of the Mines of Spain has received the Excellence in Interpretation award from the National Association of Interpret- ers. Upon motion the documents were received and filed. Environmental Excellence Award: City Manager transmitting a press release announcing that the City of Dubuque is one of 20 Iowa organizations and businesses which will receive the Environmental Excellence award from Governor Terry E. Branstad. Upon motion the docu- ments were received and filed. Wild Rose Estates: Communication from Ken Kress on behalf of WMK Investment Proper- ties requesting assistance with issues pertaining to the Final Plat for Wild Rose Estates on Middle Road. City Manager transmitting information in response to a communication received from the developer of Wild Rose Estates residential development on Middle Road in Dubuque County, just outside the City of Dubuque city limits. Developer Larry McDermott, 14407, Hwy 20 W. stated that he believes the lack of speed enforcement along Middle Road is delaying the placement of access to the Wild Rose subdivi- sion and preventing the approval of the final plat. Motion by Connors to receive and file the documents and refer to the City Manager. Seconded by Braig. Motion carried 7 -0. Civil Service Commission: Civil Service Commission submitting the certified lists for the po- sitions of Laborer and Parking System Technician. Upon motion the documents were received and filed and made a Matter of Record. June 1, 2011 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of La- borer was administered April 27, 2011. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. 4 LABORER 1. Reid Boevers 2. Jesse Begle 3. Michael Asche 4. Richard Bogosian 5. Michael Conner 6. Rick Dougherty 7. Shaun Gilligan 8. Thomas Pinzger 9. William Gansen 10. Dave Hanson 11. Nicholas Jaeger 12. Cary Kloft 13. Daniel Mayne 14. Jerry Powers 15. Scott Prohaska 16. Thomas Voss 17. David Crabbt 18. Jason DeMaio 19. Steven Dunne 20. Jerry McAuliffe 21. Todd O'Dell 22. Anthony Quatrochi 23. Albert Stuart Jr. 24. Charles Thomas 25. Douglas Brosier 26. Von Fulenwider 27. Eric Pike 28. Kevin Pike 29. Daniel Rannals 30. Kevin Reed 31. Andrew Then 32. Nicholas Wilson 33. Michelle Wisnefski 34. Leo Birch 35. Mason Birch 36. Joseph Burns 37. Curt Callahan 38. James Calvert 39. Cody Decker 40. Greg Griffin 41. John Hennings 42. John Kaufman 43. Curt Kiessling 44. Steven Kleinschrodt 45. Brian Mettille 46. John Michelson 47. Kenneth Miller 48. James Ramsey 49. Tom Splinter 50. Jay Valentine 51. David Young Respectfully submitted, Daniel White Jim Schilling Betty Takes, Civil Service Commission May 5, 2011 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Parking System Technician was administered on April 20, 2011. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. 5 PARKING SYSTEM TECHNICIAN 1. Daniel Schumacher 2. Daniel Heins 3. Steven Gerardy 4. Dusty Brown 5. Jesse Jansen 6. David Fitzgerald 7. David Pregler 8. Kenneth Ridgon 9. Dave Hanson 10. Gerald Casey 11. David Wilson 12. Jay Merfeld 13. Charles Thomas 14. Nicholas Jaeger 15. Greg Griffin 16. Charles DeMaio Respectfully submitted, Daniel White Jim Schilling Betty Takes, Civil Service Commission PEG Capital Expenditure Grant Requests: City Manager recommending approval of the Ca- ble TV Teleprogramming Commission's recommendation for funding from the Public, Educa- tional, and Government (PEG) Capital Grant for Access Equipment and Facilities for a request from the Dubuque Community School District for up to $3,000 for equipment and software up- grades to enable them to properly use their automation system to produce and operate a regu- lar program schedule for their educational access channel and a request from Loras College for up to $2,000 for a software upgrade for the operation of the shared educational access channel and six on- camera lights for their field production cameras. Upon motion the docu- ments were received, filed, and approved. Bee Branch Creek Restoration Project — Purchase of Property: City Manager recommend- ing the purchase of property on Maple Street owned by G &S Real Estate as part of the acqui- sition program associated with the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 235 -11 approving the acquisition of re- al estate owned by G &S Real Estate in the City of Dubuque was adopted. RESOLUTION NO. 235 -11 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY G &S REAL ESTATE IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain properties located in the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended in the 2001 "Drainage Basin Master Plan;" and Whereas, a purchase agreement has been finalized with the owner of the property sched- uled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: Lot 288 East Dubuque Addition No. 2 in the City of Dubuque, Dubuque County, Iowa, at the cost of Sixty -Nine Thousand Nine Hundred Fifty Dollars ($69,950.00). Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the here- in described real estate. 6 Section 3. That the City Clerk be and is hereby authorized and directed to cause said War- ranty Deed to be recorded in the office of the Dubuque County Recorder, together with certi- fied copy of the Resolution. Section 4. That the City Clerk be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 18th day of July, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk Delinquent Snow and Ice Removal and Garbage Collection Accounts: City Manager rec- ommending approval to certify snow and ice removal charges to the Dubuque County Treas- urer in order to establish real property liens for collection of such charges. Upon motion the documents were received and filed and Resolution No. 218 -11 Authorizing the City to collect delinquent snow and ice removal and garbage collection charges in accordance with Title 6 -6- 3C2o; Title 6 -6 -4B3 & Title 6 -6B of the Code of Ordinances of the City of Dubuque, Iowa was adopted. RESOLUTION NO.218 -11 AUTHORIZING THE CITY TO COLLECT DELINQUENT SNOW AND ICE REMOVAL AND GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH TITLE 6- 6 -3C2o; TITLE 6 -6- 4B3 & TITLE 6 -6B OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, residential properties in the City of Dubuque are considered substandard if any conditions exist to an extent that endanger life, limb, health, property, safety or welfare of the public or the occupants thereof; and Whereas, whenever in the judgment of the Housing Officer, a nuisance that is "palpably and indisputably such" exists which requires immediate action to protect the public healty, safety or welfare of the public, the Housing Officer may order the emergency abatement of such; and Whereas, delinquent snow and ice removal and garbage collection charges shall be certi- fied by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the persons hereinafter, owning the properties thereby set forth, are delin- quent in the payment of snow and ice removal and garbage collection charges: NAME AND ADDRESS; PROPERTY DESCRIPTION; AMOUNT Dawn M Close, 704 Rose Street, Dubuque, IA 52001, 10 -24- 355 -009, S 1/2 LOT 7 CUMMINS SUB 705 - 705 1/2 ROSE, $85.00 Dubuque Properties LLC, 1805 State Street Suite 103, Bettendorf, IA 52722, 10- 24 -215- 001, W 59' OF S 42' OF LOT 1 -97 L H LANGWORTHY'S ADD 2076 -2078 WASHINGTON, $435.00 Thomas J & Martha J Blake, 115 Skyline Drive, Guttenberg, IA 52052, 10 -24- 203 -023, E 35' -LOT 84 L H LANGWORTHY'S ADD 215 -217 E 22ND ST, $925.00 Janis E Jentz, 1610 Jackson Street, Dubuque, IA, 52001,10 -24- 268 -021, S 18'3" OF LOT 82 EAST DUBUQUE ADD, $920.00 High Performance LLC, 8505 Southern Hills, Dubuque, IA 52003, 10 -24- 403 -002, S 1/2 OF N 1/5 OF CITY LOT 454, $359.00 7 Dubuque Property Management, 8505 Southern Hills Court, Dubuque IA 52003, Lots 46 -50 and Lot 2 of 51 of Lenox Addition, $301.00 Irvin G Jr & Sharon K Schueller, 2233 Jackson Street, Dubuque, IA 52001, 10 -24- 202 -012, E 1/2 -LOT 31 L H LANGWORTHYS ADD 2233 -2235 JACKSON, $100 Larry H & Brenda A Husemann, 483 Peach Street, East Dubuque, IL 61025, 10- 24 -410- 002, N 1/2 OF M 1/5 OF CITY LOT 476, $110.00 Property Investments Group LLC, 605 Bluff Street, Dubuque IA 52001, 10 -24- 207 -008, L H LANGS ADD N 65' LOT 11 2134 -2146 CENTRAL AVE, $300.00 Richard Henry Then Testamentary Trust, 4812 Then Road, Bernard, IA 52032, 10- 24 -213- 001, W 1/2 -LOT 43 & S 28' -W 1/2 -LOT 42 L H LANGWORTHY'S ADD, $135.00 Doris M Rubel, 6778 Crystal Lake Cave Rd, Dubuque, IA 52003, 10 -13- 328 -004, S 32' -275 DAVIS FARM ADD, $40.00 Thomas J & Martha J Blake, 115 Skyline Drive, Guttenberg, IA 52052, 10 -24- 127 -030, LOT 1 -3 -135 & 1 -4 -135 L H LANGWORTHY'S ADD 357 -357 1/2 KAUFMANN AVE, $95.00 Robert J & Maribeth P Devereaux, P 0 Box 684, Elk Grove Village, IL 60009, 10- 24 -430- 009, S 1/2 LOT 56 EAST DUBUQUE ADD, $100 William James Heming, 1218 Lincoln, Dubuque IA 52001, 11 -18- 310 -004, LOT 6 KIENE'S SUB, $420.00 Gary Lee Fransen, 2285 Francis, Dubuque IA 52001, 10 -24- 128 -018, LOT 29 & N 1/2 OF LOT 28 TIVOLI ADD, $160.00 Greg A Prehm, 8505 Southern Hills Court, Dubuque IA 52003, 10 -24- 381 -006, LOT 4 M A MCDANIELS SUB 574 -576 CHESTNUT, $150.00 Gregory W & Jeanette M Mclaughlin, 620 % Alta Vista, Dubuque IA 52001, 10 -13- 454 -050, NE 23' LOT 10 & SW 21'6" LOT 11 HAMBURG ADD 711 -711 1/2 E 22ND ST, $110.00 Judith Ann Beecher, 55 Milwaukee, Dubuque, IA 52001, 10 -14- 228 -013, LOT 20 LINHAN PARK ADD, $110.00 Stuart G Hoover, 850 White Street, Dubuque, IA 52001, 10 -24- 385 -007, FARLEYS SUB E '/2 OF LOT 11, $220.00 Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named hereinbefore are delinquent in the payment of snow and ice removal and garbage collection charges in the amount set aside of the respective names, and that said amounts shall be collected in the same manner as gen- eral property taxes against the respective parcels of property set opposite the names of the owners. Passed, approved and adopted this 18th day of July, 2011. Roy D. Buol, Mayor Attest: Kevin S Firnstahl, Acting City Clerk Vacant and Abandoned Building and Problem Property Assessments: City Manager rec- ommending authorizing the City Clerk to certify vacant and abandoned building and problem property charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. Upon motion the documents were received and filed and Resolu- tion No. 219 -11 Authorizing the City to collect delinquent vacant and abandoned building and problem property charges in accordance with Title 6- 6 -3B1h; Title 6 -6 -4B3 & Title 6 -6B of the Code of Ordinances of the City of Dubuque, Iowa, was adopted. 8 RESOLUTION NO. 219 -11 RESOLUTION AUTHORIZING THE CITY TO COLLECT DELINQUENT VACANT AND ABANDONED BUILDING AND PROBLEM PROPERTY CHARGES IN ACCORDANCE WITH TITLE 6- 6 -3B1h; TITLE 6 -6 -4B3 & TITLE 6 -6B OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, residential properties in the City of Dubuque are considered hazardous or unsani- tary premises if vacant and abandoned buildings and problem properties are allowed to deteri- orate according to 6 -6 -3B1 h; and Whereas, whenever in the judgment of the Housing Officer, a nuisance that is "palpably and indisputably such" exists which requires immediate action to protect the public health, safety or welfare of the public, the Housing Officer may order the emergency abatement of such; and Whereas, delinquent vacant and abandoned building and problem property charges shall be certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the persons hereinafter, owning the properties thereby set forth, are delinquent in the payment of vacant and abandoned building and problem property charges: NAME AND ADDRESS; PROPERTY DESCRIPTION; AMOUNT Janis E Jentz, 1610 Jackson Street, Dubuque IA 52001, 10 -24- 268 -021, S 18'3" OF LOT 82 EAST DUBUQUE ADD, $170.00 Dan Siefker, A /K/A Daniel J Siefker, 1838 Central Ave, Dubuque IA 52001, 10 -24- 256 -005, S 26' - M 1/5 - CITY LOT 436, $263.80 Antonio G Conley, 2512 Broadway Street, Dubuque, IA 52001, 10 -13- 431 -012, LOT 1 -1 -37 ALTHAUSERS SUB, $285.00 BRP Properties LLC, 8505 Southern Hills Court, Dubuque IA 52003, 10 -23- 329 -019, LOT 1 -1 -2 -1 SMYTHS SUB, $292.12 Sandra J Cunningham, 175 West 17th Street, Dubuque, IA 52001, 10 -24- 260 -011, LOT 1 -2 OF CITY LOT 674, $1,004.44 Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named hereinbefore are delinquent in the payment of vacant and abandoned building and problem property charges in the amount set aside of the respective names, and that said amounts shall be collected in the same man- ner as general property taxes against the respective parcels of property set opposite the names of the owners. Passed, approved and adopted this 18th day of July, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk 3087 Central Avenue Update: City Manager transmitting information on the development history for the property at 3087 Central Avenue. Upon motion the documents were received and filed. Supplemental Engineering Project (SEP) Work Plan: City Manager recommending approval of a work plan for the Supplemental Engineering Project (SEP) as required by the Consent Decree related to the City's Wastewater Management System. Upon motion the documents were received, filed, and approved. 9 Southwest Arterial - Supplemental Agreement No. 9: City Manager recommending approval of the execution of a supplemental agreement with AECOM Technical Services, Inc. in the amount of $126,700, which approves revisions to the original scope of services to the Consult- ant Professional Services Contract to complete the final engineering design phase of the Southwest Arterial Project. Upon motion the documents were received and filed and Resolu- tion No. 220 -11 Approving the Consultant Professional Services - Supplemental Agreement No. 9 between AECOM Technical Services, Inc., and the City of Dubuque for the final engineering design phase of the Southwest Arterial Project was adopted. RESOLUTION NO. 220 -11 APPROVING THE CONSULTANT PROFESSIONAL SERVICES - SUPPLEMENTAL AGREEMENT NO. 9 BETWEEN AECOM TECHNICAL SERVICES, INC. AND THE CITY OF DUBUQUE FOR THE FINAL ENGINEERING DESIGN PHASE OF THE SOUTHWEST AR- TERIAL PROJECT Whereas, the City of Dubuque is proceeding with the Southwest Arterial Project, from U.S. Highway 20 to U.S. Highway 151/61, in Dubuque, Iowa; and Whereas, as a result of ongoing design reviews, recent geotechnical findings and recom- mendations outlined in the Value Engineering study, several modifications to the previous pre- liminary plans were developed; and Whereas, as a result of the proposed design and plan modifications, the Consultant Profes- sional Services - Supplemental Agreement authorizes AECOM to provide the revised scope of services to continue to advance the completion of the final engineering design phase. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said Consultant Professional Services - Supplemental Agreement No. 9 be- tween AECOM Technical Services, Inc. and the City of Dubuque for the final engineering de- sign phase of the Southwest Arterial project is hereby approved, subject to the concurrence of the Iowa Department of Transportation. Section 2. That the Mayor be authorized and directed to execute three copies of said Con- sultant Professional Services - Supplemental Agreement with AECOM Technical Services, Inc. for the final engineering design phase of the Southwest Arterial project. Passed, approved and adopted this 18th day of July, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk Morrison Bros. Company— First Amendment to Development Agreement: City Manager rec- ommending approval of the First Amendment to the Development Agreement with Morrison Bros. Company to provide for a one -year extension of the job creation period to June 1, 2012. Upon motion the documents were received and filed and Resolution No. 221 -11 Approving the First Amendment to the Morrison Bros. Company Development Agreement was adopted. RESOLUTION NO. 221 -11 APPROVING THE FIRST AMENDMENT TO THE MORRISON BROS. COMPANY DEVEL- OPMENT AGREEMENT Whereas, a Development Agreement (the Agreement), dated October 6, 2008, was entered into by and between the City of Dubuque, a municipal corporation of the State of Iowa (City) and Morrison Bros. Company an Iowa corporation with its principal place of business in Dubu- que, Iowa (Developer); and 10 Whereas, City and Morrison Bros. Company now desire to amend the Development Agree- ment as set forth attached First Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment of the Morrison Bros. Company Development Agree- ment is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute said First Amend- ment on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to im- plement the terms of the First Amendment as herein approved. Passed, approved and adopted this 18th day of July, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk Cottingham & Butler Ins. Inc. — First Amendment to Development Agreement and the Down- town Rehabilitation Loan Agreement: City Manager recommending approval of the First Amendment to the Amended and Restated Development Agreement and an amendment to the Downtown Rehabilitation Loan Agreement, both with Cottingham & Butler, Inc. and Security Investments, LLC. Upon motion the documents were received and filed and Resolution No. 222 -11 Approving the First Amendment to the Amended and Restated Development Agree- ment between and among the City of Dubuque, Iowa, Cottingham & Butler, Inc., and Security Investments, LLC; and Resolution No. 223 -11 Approving the First Amendment to Downtown Rehabilitation Loan Program Loan Agreement, Number: DRLP #1 -07 between the City of Dubuque, Iowa, and Security Investments, LLC were adopted. RESOLUTION NO. 222 -11 APPROVING THE FIRST AMENDMENT TO THE AMENDED AND RESTATED DEVELOP- MENT AGREEMENT BETWEEN AND AMONG THE CITY OF DUBUQUE, IOWA, COTTINGHAM & BUTLER, INC. AND SECURITY INVESTMENTS, LLC Whereas, an Amended and Restated Development Agreement (the Agreement), dated Oc- tober 1, 2007, was entered into by and between the City of Dubuque, a municipal corporation of the State of Iowa (City), Cottingham & Butler, Inc. (Developer) and Security Investments, LLC, an Iowa Limited Liability Company; and Whereas, City, Cottingham & Butler, Inc. and Security Investments, LLC now desire to amend the Amended and Restated Development Agreement as set forth in the attached First Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment to the Amended And Restated Development Agree- ment between and among the City of Dubuque, Iowa, Cottingham & Butler, Inc. and Security Investments, LLC is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute said First Amend- ment on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to im- plement the terms of the First Amendment as herein approved. Passed, approved and adopted this 18th day of July, 2011. Roy D. Buol, Mayor 11 Attest: Kevin S. Firnstahl, Acting City Clerk RESOLUTION NO. 223 -11 APPROVING THE FIRST AMENDMENT TO DOWNTOWN REHABILITATION LOAN PRO- GRAM LOAN AGREEMENT, NUMBER: DRLP #1 -07 BETWEEN THE CITY OF DUBUQUE, IOWA AND SECURITY INVESTMENTS, LLC Whereas, a Downtown Rehabilitation Loan Program Agreement (the Agreement), dated No- vember 19, 2007, was entered into by and between the City of Dubuque, a municipal corpora- tion of the State of Iowa (City) and Security Investments, LLC, an Iowa Limited Liability Com- pany; and Whereas, City and Security Investments, LLC now desire to amend the Agreement as set forth in the attached First Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment to the Downtown Rehabilitation Loan Program Loan Agreement between the City of Dubuque and Security Investments, LLC, is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute said First Amend- ment on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to im- plement the terms of the First Amendment as herein approved. Passed, approved and adopted this 18th day of July, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk Community Foundation of Greater Dubuque — Project H.O.P.E. Contract: City Manager rec- ommending approval of a contract for services with the Community Foundation of Greater Dubuque relating to Project H.O.P.E. (Helping Our People Excel), an initiative of the City of Dubuque. Upon motion the documents were received, filed, and approved. Paragon Square, LLC — Housing Enterprise Zone Program: City Manager recommending approval of a Housing Enterprise Zone Program Agreement by and among the Iowa Depart- ment of Economic Development, the City of Dubuque and Paragon Square, LLC, that will pro- vide 18 new market -rate housing units in the downtown. Upon motion the documents were re- ceived and filed and Resolution No. 224 -11 Approving a Housing Enterprise Zone Program Agreement by and among the Iowa Department of Economic Development, the City of Dubu- que and Paragon Square, LLC was adopted. RESOLUTION NO. 224 -11 RESOLUTION APPROVING A HOUSING ENTERPRISE ZONE PROGRAM AGREEMENT BY AND AMONG THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT, THE CITY OF DUBUQUE AND PARAGON SQUARE, LLC Whereas, the City of Dubuque has established two Enterprise Zones and an Enterprise Zone Commission; and Whereas, the Enterprise Zone Commission on March 17, 2011 approved the application of Paragon Square, LLC for Housing Enterprise Zone benefits; and Whereas, Paragon Square, LLC's application was approved by the Iowa Department of Economic Development on April 8, 2011; and 12 Whereas, the Iowa Department of Economic Development has prepared and submitted for City Council approval an agreement relating to Housing Enterprise Zone benefits for Paragon Square, LLC a copy of which is attached hereto and by this reference made a part hereof; and Whereas, the City Council finds that the proposed agreement is acceptable and necessary to the growth and development of the city. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Iowa Department of Economic Development Housing Enterprise Zone Program Agreement, Number 11 -HEZ -040, is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Agreement on behalf of the City of Dubuque and forward the executed copy to the Iowa Department of Eco- nomic Development for their approval. Passed, approved and adopted this 18th day of July, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk Dubuque Industrial Center West — South Siegert Farm: City Manager recommending award of a contract to IIW Engineers for design and construction services associated with the devel- opment of the South Siegert Farm for a cost not to exceed $428,120. Upon motion the docu- ments were received, filed, and approved. 2011 Justice Assistance Grant (JAG) Application: City Manager recommending approval of the 2011 Justice Assistance Grant (JAG) application. Upon motion the documents were re- ceived, filed, and approved. Historic Preservation Commission — West Locust Street Off - Street Parking: Communication from the Historic Preservation Commission requesting that the City Council explore parking solutions for the West Locust and Bluff Street area. Upon motion the documents were re- ceived, filed, and referred to the City Manager. State Historical Society of Iowa (SHSI): Correspondence from Deputy State Historical Preservation Officer Barbara Mitchell informing the City that the Holy Ghost Catholic Historic District (2887 -2921 Central Avenue) was accepted for nomination to the National Register of Historic Places by the State Nominations Review Committee. Upon motion the documents were received and filed. Signed Contracts: 1) AmeriCorps Agreement - No Cost Extension Amendment; 2) Lease Agreement with Spahn and Rose Lumber Company. Upon motion the documents were re- ceived and filed. Liquor License Transfer: Request from the National Mississippi River Museum and Aquari- um to transfer their liquor license to the Port of Dubuque on August 6, 2011 for the Taste of Dubuque. Upon motion the documents were received, filed, and approved. Business License Applications: City Manager recommending approval of annual liquor, beer and cigarette license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 225 -11 Granting the issuance of a Class "C" Beer /Liquor License to Knicker's Saloon, the Walnut Tap, and House of China; a Special Class "C" Liquor License (5- Day Special Event) to Music N More Productions; a Class "B" Wine Permit to Sid's Beverage 13 Store and Road Ranger; a Class "WBN" Native Wine Permit to the Mandolin Inn and Kwik Stop Food Mart; Resolution No. 226 -11 Granting the issuance of a Class "C" Beer Permit to Sid's Beverage, Road Ranger and Kwik Stop; and Resolution No. 227 -11 Granting the issu- ance of a permit to sell cigarettes and cigarette papers to Awn Stop Mart, Dubuque Quick Stop Mart, Friendly Locust Mart, and Instant Replay were adopted. RESOLUTION NO. 225 -11 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. Curtis Gerhard Craig J. Weiner House of China Co. CLASS "C" BEER /LIQUOR LICENSE Knicker's Saloon +(Sunday Sale Walnut Tap +(Sunday Sale) House of China +(Sunday Sale) 2186 Central Ave. 709 University Ave. 170 JFK Rd. SPECIAL CLASS "C" LIQUOR LICENSE (5 -DAY SPECIAL EVENT) Music n More Promotion Summer's Last Blast Town Clock Plaza Sid's Beverage Store Road Ranger, LLC Mandolin Inn, Inc Rainbo Oil Company Attest: CLASS "B" WINE Sid's Beverage Store Road Ranger 2727 Dodge St. 2175 Central Ave. CLASS "WBN" NATIVE WINE LICENSE Mandolin Inn 199 Loras Blvd. Kwik Stop Food Mart 2255 Kerper Blvd. Passed, approved and adopted this 18th day of July, 2011 Roy D. Buol, Mayor Kevin S. Firnstahl, Acting City Clerk RESOLUTION NO. 226 -11 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved: and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. Sid's Beverage Store, Inc. Road Ranger LLC Rainbo Oil Company CLASS "C" BEER PERMIT Sid's Beverage Store +(Sunday Sale) Road Ranger +(Sunday Sale) Kwik Stop Food +(Sunday Sale) 14 2727 Dodge St. 2175 Central Ave. 2255 Kerper Blvd. Passed, approved and adopted this 18th day of July, 2011. Roy D. Buol, Mayor Attest: Kevin Firnstahl, Acting City Clerk RESOLUTION NO. 227 -11 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. 4 RENEWALS Awn Stop Mart Awn Stop Mart Inc. Dubuque Quick Stop Mart Bushra Waseem Friendly Locust Mart Awn Stop Mart Inc. Instant Replay Pam Arensdorf Passed, approved and adopted this 18th day of July, 2011 Attest: Kevin S. Firnstahl, Acting City Clerk ITEMS TO BE SET FOR PUBLIC HEARING 1998 Jackson St. 1401 Central Ave. 408 W. Locust St. 1602 Central Ave. Roy D. Buol, Mayor 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. Se- conded by Connors. Motion carried 7 -0. Green Alley Permeable Pavers Project: City Manager recommending preliminary approval of the construction plans and specifications, approval of the Resolution of Necessity, approval of the Preliminary Schedule of Assessments and initiation of the public bidding process for the Green Alley Permeable Pavers Project (17th — 18th, between Jackson & Washington Streets), and further recommends that a public hearing be set for August 1, 2011. Upon motion the doc- uments were received and filed and Resolution No. 228 -11 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids (Green Alley Permeable Pavers Project 17th — 18th, between Jackson & Washington Streets); Resolution No. 229 -11 Approving the plat, schedule of assessments and estimate of total cost and setting date of public hearing on Resolution of Necessity (Green Alley Permeable Pavers Project 17h - 18th, between Jackson & Washington Streets); and Resolution No. 230 -11 Reso- lution of Necessity for the Green Alley Permeable Pavers Project (17th — 18th, between Jackson & Washington Streets) were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 1, 2011 in the Historic Federal Building. RESOLUTION NO. 228 -11 GREEN ALLEY PERMEABLE PAVERS PROJECT (17th — 18th, BETWEEN JACKSON AND WASHINGTON STREETS) PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICA- TIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVER- TISEMENT FOR BIDS 15 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Green Alley Permeable Pavers Project (17th — 18th, between Jackson and Washington Streets), in the es- timated amount $185,242.17, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 1st day of August, 2011, at 6:30 p.m. in the Historic Fed- eral Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twen- ty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The Green Alley Permeable Pavers Project (17th — 18th, between Jackson and Washington Streets) is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall con- form to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the improve- ments herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be pub- lished not less than four but not more than forty -five days before the date for filing bids before 2:00 p.m. on the 4th day of August, 2011. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 15th day of August, 2011, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 18th day of July, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk RESOLUTION NO. 229 -11 GREEN ALLEY PERMEABLE PAVERS PROJECT (17TH — 18TH BETWEEN JACKSON & WASHINGTON STREETS) APPROVING THE PLAT, SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST AND SETTING DATE OF PUBLIC HEARING ON RESOLUTION OF NECESSITY Whereas, the proposed Resolution of Necessity for the Project has been introduced for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The attached plat, schedule of assessments, and estimate of total cost for the Green Alley Permeable Pavers Project (17th — 18th, between Jackson & Washington Streets) and the pro- posed Resolution of Necessity are hereby approved and ordered placed on file in the Office of the City Clerk. The City Council will meet on the 1st day of August, 2011, at 6:30 p.m. at the Historic Feder- al Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa, at which time the owners of property subject to assessment for the proposed improvement or any other person having an interest in the matter may appear and be heard for or against the making of 16 the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity. A property owner will be deemed to have waived all objections unless at the time of hearing the property owner has filed objections with the City Clerk. The City Clerk be and is hereby authorized and directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published once each week for two consecu- tive weeks, the first publication of which shall be not less than ten days prior to the day fixed for its consideration. Passed, approved and adopted this 18th day of July, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk RESOLUTION NO. 230 -11 RESOLUTION OF NECESSITY FOR THE GREEN ALLEY PERMEABLE PAVERS PRO- JECT (17TH — 18TH, BETWEEN JACKSON & WASHINGTON STREETS) Whereas, the plat, schedule of assessments, and estimate of total cost for the Green Alley Permeable Pavers Project (17th — 18th, between Jackson & Washington Streets) have been du- ly prepared and approved by the City Council of the City of Dubuque and ordered placed on file in the office of City Clerk. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Reconstruction of the pavement surface with interlocking concrete pavers. Watermain reconstruction. Replacement of four (4) lead water services with copper. Replacement of the brick sanitary manholes in the alley and on 17th 18th Streets with new concrete manholes. There is on file in the office of the City Clerk an estimated total cost of the work, and a pre- liminary plat and schedule showing the amount proposed to be assessed to each lot for the improvement. The date, time, and place the council will hear property owners subject to the assessment and interested parties for or against the improvement, its cost, the assessment, or the bounda- ries of the district: The City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements. Unless a property owner files objections with the City Clerk at the time of hearing on the Resolution of Necessity, the property owner is deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assessment procedure. Said improvements shall be constructed in accordance with the plans and specifications which have been approved by the City Council and are now on file in the Office of the City Clerk. The cost of making such improvement will be assessed against property lying with the assessment limits. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 18th day of July, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk Eagle Point Energy — 1, LLC — License and Power Purchase Agreement: City Manager rec- ommending that a public hearing be set for August 1, 2011, on approval of a 25 -year License 17 and Power Purchase Agreement with Eagle Point Energy — 1, LLC to install solar panels on the Public Works facility on Kerper Court and provide electricity to the facility. Upon motion the documents were received and filed and Resolution No. 231 -11 Intent to dispose of an interest in real property owned by the City of Dubuque by license between the City of Dubuque, Iowa, and Eagle Point Energy — 1, LLC, an Iowa Limited Liability Company, was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 1, 2011 in the Historic Fed- eral Building. RESOLUTION NO. 231 -11 INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY OF DUBUQUE BY LICENSE BETWEEN THE CITY OF DUBUQUE, IOWA AND EAGLE POINT ENERGY — 1, LLC AN IOWA LIMITED LIABILITY COMPANY Whereas, the City of Dubuque, Iowa (City) is the owner of the real property legally described as follows: Roof space above the land commonly known as the western side of the roof locat- ed at 925 Kerper Court, Dubuque, Iowa, legally described as Lot 2 of 2 of Kerper Industrial Park in the City of Dubuque, Iowa; and Whereas, Eagle Point Energy — 1, LLC. desires to license a part of the property to install so- lar panels at the facility, License and Power Purchase Agreement is on file at the office of the City Clerk, City Hall, 13th and Central Avenue, Dubuque, Iowa; and Whereas, City and Eagle Point Energy — 1, LLC. have tentatively agreed to the License and Power Purchase Agreement, which among other things, provides for a term through Septem- ber 1, 2026; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to ap- prove the License and Power Purchase Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing- described real property by License and Power Purchase Agreement between City and Eagle Point Ener- gy — 1, LLC. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the foregoing- described real property by license, to be held on the 1st day of August 2011, at 6:30 o'clock p.m. at the Historic Federal Building, Council Chambers, 350 W. 6th Street, Dubuque, Iowa. Passed, approved and adopted this 18th day of July 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk Sale of Property — 1052 Rush Street: City Manager recommending the sale of a City -owned vacant lot at 1052 Rush Street to Routley Construction for $5,000 for participation in the East Central Intergovernmental Association plan for the Iowa Department of Economic Develop- ment Single - Family New Production Round #2 Program, and that a public hearing be set for August 1, 2011, to consider disposal of the property. Upon motion the documents were re- ceived and filed and Resolution No. 232 -11 Intent to dispose of an interest in City of Dubuque real estate and fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa, on the proposed disposition of City -owned property to Routley Construction and provid- ing for the publication of notice thereof (Lot 171 Union Addition in the City of Dubuque, Iowa — 1052 Rush Street) was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 1, 2011 in the Historic Federal Building. 18 RESOLUTION NO. 232 -11 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE AND FIX- ING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE PROPOSED DISPOSITION OF CITY OWNED PROPERTY TO ROUTLEY CONSTRUCTION AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property): Lot 171 Union Addition in the City of Dubuque, Iowa (1052 Rush Street); and Whereas, East - Central Intergovernmental Association (ECIA) is the sponsor of the Single Family New Production Program (SFNP) (Sponsor); and Whereas, City, has tentatively agreed to sell the Property to Routley Construction, subject to the approval of a Development Agreement between City and Routley by the City Council which Development Agreement will include the following conditions: • Sale price $5,000 due at closing • Single family home valued at $100,000 shall be constructed within 12 months of clos- ing • Contractor shall participate in the SFNP Program sponsored by East Central Intergov- ernmental Agency; and Whereas, the City Council has tentatively determined that it would be in the best interests of the City to approve the sale of the Property to Routley Construction. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing- described Property by Deed to Routley Construction subject to the conditions described herein. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the foregoing- described Property, to be held on the 1st day of August, 2011, at 6:30 o'clock p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa. Section 3. The Clerk is hereby directed to cause at least one publication to be made of a no- tice of said meeting, in a newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four days nor more than twenty days before the date of said meeting on the issuance of said obligations. Passed, approved and adopted this 18th day of July, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk Sale of Property — 1895 Wood Street: City Manager recommending the sale of a City -owned vacant lot at 1895 Wood Street to Routley Construction for $1.00 for participation in the East Central Intergovernmental Association plan for the Iowa Department of Economic Develop- ment Single - Family New Production Round #2 Program, and that a public hearing be set for August 1, 2011, to consider disposal of the property. Upon motion the documents were re- ceived and filed and Resolution No. 233 -11 Intent to dispose of an interest in City of Dubuque real estate and fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the proposed disposition of City -owned property to Routley Construction and providing for the publication of notice thereof (Lot 51 Rosedale Addition in the City of Dubuque, Iowa - 19 1895 Wood Street) was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 1, 2011 in the Historic Federal Building. RESOLUTION NO. 233 -11 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE AND FIX- ING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE PROPOSED DISPOSITION OF CITY OWNED PROPERTY TO ROUTLEY CONSTRUCTION AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property): Lot 51 Rosedale Addition in the City of Dubuque, Iowa (1895 Wood Street); and Whereas, East - Central Intergovernmental Association (ECIA) is the sponsor of the Single Family New Production Program (SFNP) (Sponsor); and Whereas, City, has tentatively agreed to sell the Property to Routley Construction, subject to the approval of a Development Agreement between City and Routley by the City Council which Development Agreement will include the following conditions: • Sale price $1.00 due at closing • Single family home valued at $100,000 shall be constructed within 12 months of clos- ing • Contractor shall participate in the SFNP Program sponsored by East Central Intergov- ernmental Agency; and Whereas, the City Council has tentatively determined that it would be in the best interests of the City to approve the sale of the Property to Routley Construction. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing- described Property by Deed to Routley Construction subject to the conditions described herein. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the foregoing- described Property, to be held on the 1st day of August, 2011, at 6:30 o'clock p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa. Section 3. The Clerk is hereby directed to cause at least one publication to be made of a no- tice of said meeting, in a newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four days nor more than twenty days before the date of said meeting on the issuance of said obligations. Passed, approved and adopted this 18th day of July, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk BOARDS /COMMISSIONS Appointments to the following Boards /Commissions: Human Rights Commission: One 3 -year term through January 1, 2013 (Vacant term of Da- vis). Applicants: Nickie Blume, 2523 Washington Street; and Mitzi Krey, 433 W. 3rd. Street (Additional applicant). Upon roll call vote of 6 -1 (Jones voting for Blume), Mitzi Krey was ap- pointed to the Human Rights Commission for a 3 -year term through January 1, 2013. 20 Transit Advisory Board: Three 3 -year terms through July 30, 2014 (expiring terms of Enderson, Lightcap, and Stewart). Applicants: George Enderson, 511 St. George Street; Joel Lightcap, 1985 Alta Vista Street; and R.R.S. Stewart, 460 Summit Street. Motion by Lynch to appoint George Enderson, Joel Lightcap, and R.R. S. Stewart to the Transit Advisory Board for 3 -year terms through July 30, 2014. Seconded by Resnick. Motion carried 7 -0. PUBLIC HEARINGS Planned Residential District Amendment — 2763 University Avenue: Communication from Tom Kluck withdrawing his application to amend the Planned Residential District for property located at 2763 University Avenue. Proof of publication on notice of public hearing to consider a request from Tom Kluck to amend the Planned Residential District at 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 Advisory Commission recom- mending denial. Citizen communications and petition from Bruce and Annabelle Schaal and Gus Hammer in opposition to the rezoning request. Motion by Connors to accept the withdrawal. Seconded by Jones. Motion carried 7 -0. Upon motion the rules were suspended allowing anyone present to address the City Coun- cil. Holy Ghost Urban Renewal District: Proof of publication on notice of public hearing to con- sider approval of the Holy Ghost Urban Renewal District and the City Manager recommending approval. Communication from the Long Range Planning Commission approving the Urban Renewal Plan for the Holy Ghost Urban Renewal District. Motion by Braig to receive and file the documents and adopt Resolution No. 234 -11 Approv- ing the Urban Renewal Plan for the Holy Ghost Urban Renewal District. Seconded by Con- nors. Motion carried 7 -0. RESOLUTION NO. 234 -11 APPROVING THE URBAN RENEWAL PLAN FOR THE HOLY GHOST URBAN RENEWAL DISTRICT. Whereas, on June 6, 2011, the City Council of the City of Dubuque, Iowa authorized the preparation of an Urban Renewal Plan (the "Plan ") for the Holy Ghost Urban Renewal District (the "District "); and Whereas, the City of Dubuque's primary objective in adopting this Plan is to provide oppor- tunities for redevelopment and reinvestment in the District; and Whereas, the Long Range Planning Commission has reviewed the proposed Plan and has found that said document is consistent with the Comprehensive Plan for the development of the City of Dubuque as a whole and has transmitted its findings to the City Council; and Whereas, a consultation process has been undertaken with affected taxing entities in ac- cordance with Chapter 403 of the Code of Iowa with no written objections or recommended changes to the Plan received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the proposed Plan after public notice thereof. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Urban Renewal Plan for the Holy Ghost Urban Renewal District, at- tached hereto and made reference to herein, be approved. Section 2. This Council finds that a feasible method exists for the location of any families who will be displaced from the District into decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families. The Council further finds that the urban renewal plan conforms to the general plan of the municipality as a whole. Section 3. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and di- rected to file a certified copy of this Resolution and the Plan in the office of the Dubuque Coun- ty Recorder. Passed, approved and adopted this 18th day of July, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk ID Institutional District Amendment — Hillcrest Family Services: Proof of publication on notice of public hearing to consider a request from Hillcrest Family Services to amend the ID Institu- tional District for property located at 2005 Asbury Road to allow the proposed chapel to be lo- cated 15 feet from the front property line (Wilbrecht Lane) and the Zoning Advisory Commis- sion recommending approval. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Michael Luedtke, Vice President of Finance for Hillcrest Family Services, stated that the re- duced set back will allow the plan to be more symmetrical. Planning Services Manager Laura Carstens provided a staff report. Motion carried 7 -0. Motion by Jones for final consideration and passage of Ordinance No. 36 -11 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, amending Ordi- nance 32 -11, approving an amended Campus Development Plan for Hillcrest Family Services Institutional District for a new chapel. Seconded by Braig. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 36 -11 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, RESCINDING ORDINANCES 41 -92, 55 -00, 18 -03 AND 08 -09, AND APPROVING AN AMENDED CAMPUS DEVELOPMENT PLAN FOR HILLCREST FAMILY SERVICES INSTITUTIONAL DISTRICT FOR A NEW CHAPEL, GYMNASIUM AND CLASS- ROOM BUILDING. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances Unified Development Code and rescind Ordinances No. 41 -92, 55 -00, 18 -03 and 08 -09 and adopting a revised campus development plan for a new Chapel, Gymnasium„ and Classroom Buildings for the Hillcrest Family Services Institutional District for the following property, to wit: All of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Link's Subdivision, except the southeasterly 38 feet thereof, Lot 2 of the Subdivision of Lot 1 of Lot 2 of Mineral Lot 261; Lot 1 of the Subdivision of Lot 1 of Lot 2 of Mineral Lot 261, Mettel Link Place; Lot 2 of Lot 2 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Link's subdivision; Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Link's Subdivision; and Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Link's Subdivision; Lot 1 and Lot 2 of Peterson's Subdivision; 22 all of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Link's Subdivision except for the southeasterly 38 feet thereof, Lot 4 of 1 and Lot 5 of 1 of Link's Subdivision, and to the centerline of the adjoining public right -of -way, all in the City of Dubuque, Iowa. Section 2. That in order to accomplish the purposes of the ID Institutional district and of the Zoning Ordinance, the above - described property is subject to the following conditions and re- strictions: A. Use Regulations The following regulations shall apply to all uses made of land in the above - described ID Institutional District: 1. Principal permitted uses shall be limited to the following: a. Residential care facilities. b. Classrooms. c. Offices for administrative personnel or other institutional employees or af- filiates. d. Place of religious exercise or assembly for the primary use and benefit of institutional residents or affiliates. e. Off - street parking and loading. f. Recreational or athletic facilities for the primary use and benefit of institu- tional residents or affiliates. g. Existing private uses of structures situated within an ID District for which the R -3 District standards shall apply. 2. Conditional use shall be regulated by Section 5 -22.2 of the Unified Development Code. 3. Accessory uses shall be regulated by Section 5 -22.3 of the Unified Development Code. B. Lot and Bulk Regulations Development of land in the ID Institutional District shall be regulated as follows: 1. That the proposed chapel, gymnasium and classroom buildings shall be located in substantial conformance with the attached amended conceptual development plan. 2. A minimum front yard setback of 25 feet is required for all structures. 3. That all previously- approved campus development plans are hereby superseded to allow for the attached development plan. C. Site Development Standards The site development standards for this ID Institutional District shall be established as follows: 1. Site plans shall be submitted in compliance with Section 12 Site plans of the Uni- fied Development Code. 2. New outdoor lighting shall comply with Section 13 -3.1 Site Lighting of the Unified Development Code. 3. That storm water from new facilities shall comply with Section 13 -3.3 Storm Wa- ter Management of the Unified Development Code. 4. Landscaping and screening requirements shall be established in accordance with the requirements of Section 13 -4.4 of the Unified Development Code. Trash en- closures shall comply with Section 13 -4.9 Exterior Trash Collection Areas of the Unified Development Code. D. Sign Regulations The sign regulations shall be the same as that which are allowed for ID Districts in Section 15 -11.13 of the Unified Development Code of the City of Dubuque, Iowa. 23 E. Parking Standards The off - street parking requirement for the principal permitted uses for the herein de- scribed ID Institutional District shall be regulated as follows: 1. That 20 off - street parking spaces shall be added adjacent to the proposed gym- nasium /classroom buildings. 2. That new off - street parking spaces shall be designed and constructed in compli- ance with Section 13 -3.5 Parking Lot Layout of the Unified Development Code. 3. Any significant expansion or reduction in the number of off - street parking spaces must be reviewed by Planning Services staff for compliance with the adopted Hillcrest Family Services Institutional District. F. Transfer of Ownership Transfer of ownership or lease of property in this ID Institutional District shall include the transfer or lease agreement, the provision that the purchaser or leasee acknowl- edges awareness of the conditionals authorizing the establishment of this district. G. Modifications Any modifications of this Ordinance must be approved by the City council in accord- ance with zoning reclassification proceedings of Section 9 -5 of the Unified Develop- ment Code. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. This Ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 18th day of July,2011. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, Acting City Clerk Published officially in the Telegraph Herald Newspaper the 22nd day of July, 2011. /s /Kevin S. Firnstahl, Acting City Clerk Redistricting Plan for City Wards and Precincts: Proof of Publication on notice of public hearing to review and approve the new Ward and Precinct Redistricting maps, agreement with Dubuque County and the City Manager recommending approval. Motion by Connors to receive and file the documents, approve the agreement, and that the requirement that a proposed or- dinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. The public hearing was opened and held. No vote was taken on the first motion. Responding to questions from the City Coun- cil, County Auditor Denise Dolan stated that the new boundaries will take effect January 1, 2012 and would not affect the 2011 election. Motion by Jones to recess the public hearing and table to the August 1, 2011 City Council meeting. Seconded by Connors. Motion carried 7 -0. Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Amendment to Housing Code: City Manager recommending an amendment to the Housing Code at Section 6 -6 -11A removing Sections 6 and 7 related to the Habitual Offender definition. 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 meet- ing at which it is to be passed be suspended. Seconded by Jones. Motion carried 7 -0. 24 Motion by Connors for final consideration and passage of Ordinance No. 37 -11 Amending City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation, and Environment, Chapter 6 Housing Regulations, Section 6 -6 -11 Habitual Violator by removing the provision relating to violations of other codes and changing the title. Seconded by Braig. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 37 -11 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH, HOUSING, SANITATION, AND ENVIRONMENT, CHAPTER 6 HOUSING REGULATIONS, SECTION 6- 6-11 HABITUAL VIOLATOR BY REMOVING THE PROVISION RELATING TO VIOLATIONS OF OTHER CODES AND CHANGING THE TITLE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 6 -6 -11 of the City of Dubuque Code of Ordinances is amended to read as follows: 6 -6 -11: PRIORITY CATEGORY: A. Priority Category: The city manager may designate a property owner, manager, or li- censed real estate professional a priority category for purposes of the housing code if three (3) times within a period of twelve (12) consecutive months the property owner, manager, or li- censed real estate professional: 1. Has a rental license suspended; 2. Has a rental license revoked; 3. Is noncompliant with housing code orders in excess of ninety (90) days without either an extension of time or variance from the housing code appeals board or good faith progress as determined by the city manager; 4. Fails to perform a mandated criminal background check on a tenant; 5. Receives a citation for a housing code violation; Section 2. This Ordinance takes effect upon publication. Passed, approved and adopted the 18th day of July, 2011. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, Acting City Clerk Published officially in the Telegraph Herald Newspaper the 22nd day of July, 2011. /s /Kevin S. Firnstahl, Acting City Clerk General Obligation Bonds: City Manager recommending advertisement for the sale of the $6,330,000 General Obligation Bonds, Series 2011A and $1,590,000 Taxable General Obliga- tion Bonds, Series 2011 B and approval of the electronic bidding procedures. Motion by Jones to receive and file the documents and adopt Resolution No. 236 -11 Directing the advertise- ment for sale of $6,330,000 General Obligation Bonds, Series 2011A and $1,590,000 Taxable General Obligation Bonds, Series 2011 B, and approving electronic bidding procedures. Se- conded by Braig. Motion carried 7 -0. RESOLUTION NO. 236 -11 RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $6,330,000 GENERAL OBLIGATION BONDS, SERIES 2011A AND $1,590,000 TAXABLE GENERAL OBLIGA- TION BONDS, SERIES 2011B, AND APPROVING ELECTRONIC BIDDING PROCEDURES 25 Whereas, the City of Dubuque, Iowa (the "City ") is in need of funds to pay costs of the ac- quisition, construction, reconstruction, improvement and equipping of waterworks, water mains and extensions, including water main and fire hydrant replacements, pump station and labora- tory improvements and well field electrical upgrades; the construction of the Southwest Arterial freeway improvements; the acquisition of solid waste collection vehicles; the construction of the Bee Branch Creek Restoration Project and the acquisition of real property and right -of -way for the same; the acquisition of flood control barriers; the construction, reconstruction, im- provement and repair of sanitary sewer works and facilities, including the installation of forcemain and sewer main extensions, the rehabilitation, reconstruction and replacement of existing sanitary sewers, and the acquisition, installation, replacement and improvement of pumping stations, motors, flow monitoring and other sanitary sewer control equipment and fa- cilities; and the payment of costs associated with the stipulated civil penalty and supplemental environmental project required under the Consent Decree with federal and state authorities concerning the Water Pollution Control Plant and sanitary sewer system, essential corporate purpose projects, and it is deemed necessary and advisable that the City issue general obliga- tion bonds for said purpose in the amount of not to exceed $7,035,000 as authorized by Sec- tion 384.25 of the City Code of Iowa; and Whereas, pursuant to notice published as required by Section 384.25 this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the above described Bonds, and all objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; and it is the deci- sion of the Council that additional action be taken for the issuance of said Bonds, and that such action is considered to be in the best interests of said City and the residents thereof; and Whereas, the City also is in need of funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plans for the Dubuque Industrial Center West Economic Development District and the Greater Downtown Urban Renewal Area, including those costs associated with grading and road construction on the South Siegert Farm area of DICW, and emergency repairs to the Port of Dubuque Parking Ramp and related litigation ex- penses, and it is deemed necessary and advisable that the City issue general obligation urban renewal bonds for said purpose to the amount of not to exceed $1,265,000 as authorized by Sections 403.12 and 384.24(3)(q) of the Code of Iowa; and Whereas, pursuant to notice published as required by Sections 403.12 and 384.24(3)(q) this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the above described Bonds, and no petitions were filed calling for an election thereon and all objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; and it is the decision of the Council that additional action be taken for the issuance of said Bonds, and that such action is considered to be in the best interests of said City and the residents thereof; and Whereas, the City also is in need of funds to pay costs of the rehabilitation, renovation and reconstruction of the former 18th Street Fire Engine House #1, including the provision of con- struction financing to the private developer undertaking the rehabilitation of the same; and the re- tamping of the Iowa Street Parking Ramp facility, general corporate purposes, and it is deemed necessary and advisable that the City issue general obligation bonds for said purpose to the amount of not to exceed $700,000 as authorized by Section 384.26 of the Code of Iowa; and Whereas, pursuant to notice published as required by Section 384.26 this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the above described Bonds, and no petitions were filed calling for an election thereon and all ob- 26 jections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; and it is the decision of the Council that addi- tional action be taken for the issuance of said Bonds, and that such action is considered to be in the best interests of said City and the residents thereof; and Whereas, pursuant to Section 384.28 of the Code of Iowa, it is appropriate to offer the fore- going Bonds for sale in two separate series, in the aggregate principal amounts as hereinafter described; and hereas, a preliminary form of Official Statement has been prepared for the purpose of offer- ing the Bonds for sale to the public; and Whereas, it is appropriate that the form of the preliminary Official Statement be approved and deemed final and, upon completion of the same, that the preliminary Official Statement be used in connection with the offering of the Bonds for sale to the public; and Whereas, the Council has received information from its financial advisor recommending that sealed and electronic facsimile and Internet bidding be authorized for the sale of the Bonds, and that such procedures will maintain the integrity and security of the competitive bidding pro- cess and facilitate the delivery of bids by interested parties; and Whereas, the Council deems it in the best interests of the City and the residents thereof to receive bids to purchase such Bonds by means of sealed and electronic facsimile and Internet communication. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the receipt of electronic bids by facsimile machine and through the PARITY competitive bidding system described in the Notice of Sale are hereby found and determined to provide reasonable security and to maintain the integrity of the competitive bidding process, and to facilitate the delivery of bids by interested parties in connection with the offering of the Bonds hereinafter described at public sale. Section 2. That the preliminary Official Statement in the form presented to this meeting be and the same hereby is approved as to form and deemed final for purposes of Rule 15c2 -12 of the Securities and Exchange Commission, subject to such revisions, corrections or modifica- tions as the Finance Director, upon the advice of bond counsel and the City's financial advisor, shall determine to be appropriate, and is authorized to be distributed thereafter in connection with the offering of the Bonds for sale. Section 3. That the City Clerk be and is hereby authorized and directed to publish notice of sale of said Bonds at least once, the last one of which shall be not less than four clear days nor more than twenty days before the date of the sale. Publication shall be made in the Tele- graph Herald, a legal newspaper, printed wholly in the English language, published within the county in which the Bonds are to be offered for sale or an adjacent county. Said notice is given pursuant to Chapter 75 of the Code of Iowa, and shall state that this Council, on the 1st day of August, 2011, at 6:30 o'clock P.M., will hold a meeting to receive and act upon bids for said Bonds; said notice to be in substantially the [provided] form: Passed and approved this 18th day of July, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk Iowa Finance Authority — Caradco, LLLP: City Manager recommending approval of a $4.5 million load utilizing funding from the Iowa Finance Authority (IFA) to Caradco Building, LLLP. Motion by Connors to receive and file the documents and approve the recommendation. Se- conded by Jones. Motion carried 7 -0. 27 International Business Machines (IBM) — Amendment to Joint Development Agreement No. W0954778: City Manager recommending approval of an amendment to the existing IBM Joint Development Agreement on Smarter Water to extend and expand the community access to Smarter Water information and tools. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Braig. Motion carried 7 -0. Meter Interface Units (MIU) Project: City Manager recommending approval of a Change Or- der in the estimated amount of $43,056 to change out approximately 509 existing Neptune R- 900 Meter Interface Units (MIUs) with the Neptune R -450 MIUs and the removal of four (4) Gateway Antennas. Motion by Jones to receive and file the documents and approve the rec- ommendation. Seconded by Connors. Motion carried 7 -0. COUNCIL MEMBER REPORTS Jones asked that staff evaluate the impact of the current heat wave on employees and citi- zens. Resnick reported on the positive remarks about the city he received from a former student who recently moved back to Dubuque. Connors suggested local agencies such as Dubuque Main Street take efforts to familiarize new residents with local events. CLOSED SESSION Motion by Jones to go into closed session at 7:36 p.m. regarding pending litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Iowa. Seconded by Braig. Mo- tion carried 7 -0. Upon motion the City Council reconvened in open session at 7:52 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 7:53 p.m. Kevin S. Firnstahl Acting City Clerk 28