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11 5 07 City Council Proceedings Official CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on November 5, 2007, in the Historic Federal Building Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session called for the purpose of dis- cussing such matters which may properly come before the Council. Invocation was provided by Mayor Roy D. Buol PROCLAMATIONS Philanthropy Day (November 15, 2007); Hospice of Dubuque Month (November, 2007) was accepted by Carole Carroll, 141 Princeton Place; Dubuque National Family Week (November, th 2007) was accepted by Brian Stutzman, Four Oaks Foundation,180 W. 15 Street; Allison Ev- ans’ Day (November 5, 2007) was accepted by Allison Evans, 1450 Alta Vista Street. CONSENT ITEMS Motion by Cline to receive and file the documents and dispose of as indicated. Seconded by Lynch. Planning Services Manager Laura Carstens requested (#23) Planning Excellence Award be held for separate discussion, and Joyce Connors requested (#25) NICC Small Busi- ness Director Award be held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 9/4 and 9/24; City Council of 10/15 and 10/22; Civil Service Commission of 10/11; Investment Over- sight Advisory Commission of 10/24; Library Board of Trustees of 6/15, 6/28, 7/26, 8/9, 8/23 and 9/14; Park and Recreation Commission of 10/16 Proofs of publication of City Council Proceedings of October 1, 8, and 15, 2007 and List of Claims and Summary of Revenues for month ending September 30, 2007 th Investment Oversight Advisory Commission submitting the 58 Quarterly Report. Upon mo- tion the documents were received and filed. Notice of Claims/Suits: Robin Leib for property damage; Mike Moore/Holiday Inn Dubuque for property damage; Terry Mozena for vehicle damage; James E. Newman for vehicle dam- age; Ethel and Bill Schneider for property damage; Qwest/CMR Claims for property damage at ththththth 986 West 5, 996 West 5, 896 West 5, 999 West 5 and 995 West 5; Richard Wright for vehicle damage; Robert E. Sabers et al. v. Callahan Construction, Inc. and the City of Du- buque for personal injuries; Michael Burds and the Association of Professional Firefighters, Lo- cal 353 v. City of Dubuque, an Iowa Municipal Corporation, Michael C. Van Milligen, and Dan Brown; Latanji Threadgill for personal injury; Wesley A. Heimke for property damage. Upon motion the documents were received and filed and referred to the City Attorney. City Attorney advising that the following claims have been referred to Public Entity Risk Ser- vices of Iowa, the agent for the Iowa Communities Assurance Pool: James Newman for prop- erty damage; Ethel and Bill Schneider for property damage; Richard L. Wright for vehicle dam- age. City Attorney recommending that the claim of Tom Hoffman for vehicle damage be referred to Selco, Inc.; the claim of Robin Leib for vehicle damage be referred to River City Paving; the claims of Qwest for property damage be referred to Horsfield Construction, Inc.; and the claim of Holiday Inn Dubuque be referred to Portzen Construction. City Attorney recommending settlement of the claim of Terry Mozena for vehicle damage and directing the Finance Department to issue payment. Upon motion the documents were re- ceived and filed and concurred. Delta Queen: Communication from Neal Kapp urging support of legislation exempting the Delta Queen from the provisions of the 1966 Safety at Sea Law. Communication from Robert Blomberg requesting passage of a resolution in support of the Delta Queen. Upon motion the documents were received and filed and referred to the City Manager. Civil Service Commission: Civil Service Commission submitting the certified lists for the po- sitions of Water Pollution Control Plant Operator, Landfill Foreman, Water Plant Operator, Po- lice Lieutenant, Police Corporal, Fire Equipment Operator, Fire Lieutenant, Fire Captain, Medi- cal Officer, EMS Supervisor, Assistant Fire Marshal and Assistant Fire Chief. Upon motion the documents were received and filed and made a Matter of Record. GSS, Inc.: Communication from GSS, Inc., advising that U.S. Cellular Corp. (USCC) intends to file an application to collocate antennas on an existing tower on an existing building at 1550 Clark Drive, Dubuque, Iowa. Upon motion the documents were received and filed. Letter of Appreciation: Communication from Christine O. Corken, Assistant County Attorney, expressing appreciation to the Police and Fire Departments for their assistance on Sunday, October 14, 2007. Upon motion the document was received and filed. Purchase of Property: City Manager recommending approval of the purchase of property at the corner of White Street and US Hwy 61 from Plastic Center, Inc. for construction of a Port of Dubuque sign. Upon motion the documents were received and filed and Resolution No. 517-07 Accepting the deed to certain real estate in Dubuque County, Iowa from Plastic Center, Inc., was adopted. RESOLUTION NO. 517-07 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM PLASTIC CENTER, INC. WHEREAS, the City of Dubuque entered into an Agreement with Plastic Center, Inc. for the purchase of 828 square feet of property at the corner of White Street and US Hwy. 61 in Du- buque County, Iowa, for the construction of a Port of Dubuque sign, legally described as: Lot 2- 1 of a Part of Lot 1 of Milwaukee Industrial Tract No. 1 in the City of Dubuque, Iowa and; WHEREAS, the terms of the Agreement have now been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA, AS FOLLOWS: 1. The City of Dubuque hereby accepts the Warranty Deed from Plastic Center, Inc. at- tached hereto. 2 2. The City Clerk is hereby authorized and directed to record this Resolution and the War- ranty Deed with the Dubuque County Recorder. th Passed, approved and adopted this 5 day of November, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Community Development Block Grant (CDBG) Fiscal Year 2007 Annual Action Plan Amendment: City Manager recommending approval of an amendment to the Fiscal Year 2007 Annual Action Plan to facilitate the reallocation of funds for the Cottingham and Butler eco- nomic development project. Upon motion the documents were received and filed and Resolu- tion No. 518-07 Approving amendment to the Fiscal Year 2007 (Program Year 2006) Annual Action Plan for Community Development Block Grant funds was adopted. RESOLUTION NO. 518-07 RESOLUTION APPROVING AMENDMENT TO THE FISCAL YEAR 2007 (PROGRAM YEAR 2006) ANNUAL ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Whereas, the City of Dubuque has prepared and approved an Annual Plan for Fiscal Year 2007 (Program Year 2006), and Whereas, Cottingham and Butler has requested reallocation of CDBG funds from the Com- mercial and Industrial Building Rehab loan program to demolition and construction for removal of slum and blight; and Whereas, the City now desires to amend said FY 2007 Annual Plan to reflect the realloca- tion of CDBG funds; and Whereas, said amendment is a substantial amendment as provided in the City's Citizen Par- ticipation Plan and must therefore be approved by resolution of the City Council after a public hearing held by the Community Development Advisory Commission; and Whereas, the City held a public comment period beginning May 12, 2007; and Whereas, the Community Development Advisory Commission reviewed the proposed amendment on June 13 and July 18, 2007 and voted to approve said amendment and to rec- ommend approval by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the Amendment to the Fiscal Year 2007 (Program Year 2006) Annual Plan for the Community Development Block Grant (CDBG) program will provide for a forgivable loan to Cottingham and Butler to provide for demolition and construction of a building at 803 Main. Section 2. That the City Manager is hereby authorized and directed to submit a copy of this resolution to the U. S. Department of Housing and Urban Development. th Passed, approved and adopted this 5 day of November 2007. Roy D Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Emerald Acres No. 1 and 2: City Manager recommending acceptance of public improve- ments that the developer, T-Corp, has completed in Emerald Acres No. 1 and No. 2, which in- cludes the sanitary sewer along Heritage Trail from Peru Road north to the subdivision. Upon motion the documents were received and filed and Resolution No. 519-07 Accepting improve- ments in Emerald Acres No. 1 and 2 was adopted. 3 RESOLUTION NO. 519-07 ACCEPTING IMPROVEMENTS IN EMERALD ACRES NO. 1 AND NO. 2 Whereas, pursuant to Resolution Nos. 462-99 and 288-01, certain public improvements in- cluding street paving with curb, sanitary sewer main, watermain, storm sewers and catch ba- sins, boulevard street lighting, and stormwater detention facilities were installed by the devel- oper of Emerald Acres No. 1 and No. 2. Whereas, the improvements have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, with the exception of the shared detention area located in Alpine Park, and has recommended that the improvements be accepted by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUB- QUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements in Emerald Acres No. 1 and No. 2 be and the same is hereby accepted. Section 2. That maintenance of said improvements shall be the responsibility of the contrac- tor and developer for a period of two (2) years from this date. The developer shall continue to maintain the shared detention area in Alpine Park until it is completed and accepted by City Council at a later date. th Passed, approved and adopted this 5 day of November, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Iowa Finance Authority: Communication from the Iowa Finance Authority advising that an Af- fordable Housing Tax Credit Application has been submitted for a project at St. Mary’s Apart- ments. Upon motion the documents were received and filed. UDAG – Genuine Genius Solutions, LLC: City Manager recommending approval of a $40,000 Urban Development Action Grant (UDAG) loan agreement with Genuine Genius Solu- tions, LLC. Upon motion the documents were received and filed and Resolution No. 520-07 Approving a UDAG Loan of Forty Thousand Dollars ($40,000) to Genuine Genius Solutions, LLC was adopted. RESOLUTION NO. 520-07 APPROVING A UDAG LOAN OF FORTY THOUSAND DOLLARS ($40,000) TO GENUINE GENIUS SOLUTIONS, LLC. Whereas, the City of Dubuque, Iowa has created an economic development loan program to assist local job creation efforts and provide matching funds for State financial assistance programs; and Whereas, the City desires to assist Genuine Genius Solutions, LLC in its efforts to expand its operations into Dubuque and create new, permanent employment opportunities for local citizens; and Whereas, a UDAG Loan for Forty Thousand Dollars ($40,000) has been approved by Reso- lution 271-07 and by a Motion at the October 1, 2007 City Council Meeting for Genuine Genius Solutions to match its application for an Entrepreneurial Venture Assistance incentive package for the Iowa Department of Economic Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: 4 Section 1. That the Mayor and City Council of the City of Dubuque, Iowa, approve the $40,000 UDAG Loan to Genuine Genius Solutions, LLC. Section 2. That the City Manager be and he is hereby authorized to execute a UDAG Loan Agreement with Genuine Genius Solutions, LLC. Passed, approved and adopted this 5th day of November, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Medline Industries – CEBA Application: City Manager recommending approval of a resolu- tion authorizing the submission of a $480,000 Community Economic Betterment Account (CEBA) program application to the Iowa Department of Economic Development on behalf of Medline Industries, Inc. Upon motion the documents were received and filed and Resolution No. 521-07 Authorizing the filing of a Community Economic Betterment Account (CEBA) appli- cation on behalf of Medline Industries, Inc. was adopted. RESOLUTION NO. 521-07 A RESOLUTION AUTHORIZING THE FILING OF A COMMUNITY ECONOMIC BETTER- MENT ACCOUNT (CEBA) APPLICATION ON BEHALF OF MEDLINE INDUSTRIES, INC. Whereas, Medline Industries, Inc. has proposed the expansion of its operations in Dubuque, Iowa; and Whereas, the City Council of Dubuque, Iowa has considered said proposal and has deter- mined that the proposed project will contribute to the local economy through the creation of 75 new jobs for area residents; and Whereas, the Iowa Department of Economic Development's Community Economic Better- ment Account (CEBA) was designed to assist in the economic development efforts of local ju- risdictions; and Whereas, the City of Dubuque, Iowa is eligible to apply for funding from the CEBA program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the filing of an application for participation in the Community Economic Bet- terment Account program on behalf of Medline Industries, Inc. is hereby approved. Section 2. That the local match of identified in the application as $2,545,800 consisting of an acquisition grant and TIF rebates for increased building valuation estimated at $6.5 million to the company is hereby approved, subject to the CEBA application approval. Section 3. That the Mayor is hereby authorized to execute and the City Manager is hereby directed to submit said application to the Iowa Department of Economic Development together with such documents as may be required. th Passed, approved, and adopted this 5 day of November, 2007. Roy D. Buol, Mayor Attest: Jeanne Schneider, City Clerk McFadden Right-of-Way Acquisition: City Manager recommending approval to purchase approximately 1.64 acres of land at $50,000 per acre and .5 acres of easement for $5,400 from the McFadden family for a proposed rail line. Upon motion the documents were received, filed, and approved. McFadden 2001 Agreement: City Manager recommending approval to provide the McFad- den family a $26,400 payment to be paid over three years, in lieu of the previous commitment to construct a cattle underpass, at a projected cost of $50,000, as part of the Chavenelle Street 5 extension project. Upon motion the documents were received, filed, and approved. Dubuque Industrial Center West – North Siegert Farm: City Manager recommending ap- proval of the selection of IIW Engineers and Surveyors for the preliminary and final design of the Dubuque Industrial Center West – North Siegert Farm for a cost not to exceed $203,010. Upon motion the documents were received, filed, and approved. Hwy 151/61 Development LLC: City Manager recommending approval of a third amendment to the Development Agreement with Hwy 151/61 Development, LLC that extends several deadlines based on the timing issues related to the Bee Branch project and the site redevel- opment. Upon motion the documents were received and filed and Resolution No. 522-07 Ap- proving Amendment #3 to a Development Agreement with Hwy 151/61 Development, LLC, was adopted. RESOLUTION NO. 522-07 APPROVING AMENDMENT NUMBER 3 TO A DEVELOPMENT AGREEMENT WITH HWY 151 & 61 DEVELOPMENT, INC. Whereas, the City Council of the City of Dubuque, Iowa, approved a Development Agree- ment for the redevelopment of the Smithfield (former Dubuque Pack) site on June 5, 2006; and Whereas, the timing of certain aspects of the redevelopment plan have changed since the original agreement was authorized; and Whereas, it is mutually beneficial to move forward with this redevelopment project with re- vised time lines. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the Amendment Number 3 to the Development Agreement by and between the City of Dubuque and Hwy 151 & 61 Development, LLC attached hereto, is hereby ap- proved. Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute, on behalf of the City of Dubuque, Iowa, said Development Agreement. Passed, approved and adopted this 5th day of November, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Economic Development Administration Grant: City Manager recommending approval of the submittal of an application to the Economic Development Administration (EDA) for $75,000 in financial assistance for a Master Plan of the Warehouse District. Upon motion the documents were received and filed and Resolution No. 523-07 Approving an application for funding assis- tance from the Economic Development Administration was adopted. RESOLUTION NO. 523-07 APPROVING AN APPLICATION FOR FUNDING ASSISTANCE FROM THE ECONOMIC DEVELOPMENT ADMINISTRATION. Whereas, the City of Dubuque is interested in revitalizing the Dubuque Warehouse District; and Whereas, the City of Dubuque is interested in creating a Master Plan identified in the Ware- house District Revitalization Strategy adopted by the Council with Resolution 425-07; and Whereas, developing a Master Plan for the area that will help define the timing, land use, and end result of the Warehouse District, and 6 Whereas, the Economic Development Administration (EDA) has funding opportunities for communities to complete planning projects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the City Council of the City of Dubuque hereby approves the application to the EDA for funding assistance. Section 2. That the Mayor is authorized to sign, on behalf of the City Council, the application for the EDA funding assistance. Passed, approved, and adopted this 5th day of November, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Agreement with Hillcrest Family Services: City Manager recommending approval of an agreement with Hillcrest Family Services for the use of Murphy Park from October 26, 2007 through January 10, 2008 for a holiday light display. Upon motion the documents were re- ceived, filed, and approved. Grand River Center Carpet Replacement Project: City Manager recommending acceptance of the Grand River Center Carpet Replacement Project as completed by Commercial Flooring in the final contract amount of $119,245. Upon motion the documents were received and filed and Resolution No. 524-07 Accepting improvement and Resolution No. 525-07 Approving final estimate were adopted. RESOLUTION NO. 524-07 ACCEPTING IMPROVEMENT WHEREAS, the contract for the Grand River Center Carpet Replacement Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the General Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 5th day of November, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk RESOLUTION NO. 525-07 FINAL ESTIMATE WHEREAS, the contract for the Grand River Center Carpet Replacement Project has been completed and the Engineer has submitted his final estimate showing the cost thereof includ- ing the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $119,245, and the said amount shall be paid from the General Fund of the City of Dubuque, Iowa. 7 Passed, approved and adopted this 5th day of November, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Authorized Depository Institutions: City Manager recommending approval of a depository resolution that increases the maximum balance for U.S. Bank from $20,000,000 to $40,000,000. Upon motion the documents were received and filed and Resolution No. 526-07 Naming Depositories was adopted. RESOLUTION NO. 526-07 NAMING DEPOSITORIES Whereas,Chapter 12C.2 of the 2007 Code of Iowa states that the approval of a financial in- stitution as a depository shall be by written resolution or order which shall be entered of record in the minutes of the approving board, and which shall distinctly name each depository ap- proved, and specify the maximum amount which may be kept on deposit in each depository; and Whereas,this procedure is required if a financial institution changes its name or home office location, if the maximum amount is changed, or if a financial institution is added or deleted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1.That the following financial institutions are approved to be depositories of the City of Dubuque, Iowa funds in conformance with all applicable provisions of the 2001 Iowa Code Chapter 12C.2. The City Treasurer is hereby authorized to deposit City of Dubuque, Iowa funds in amounts not to exceed the maximum approved for each respective financial institution as set out below. Depository Name Location of Home Office Maximum Balance American Trust & Savings Bank Dubuque, Iowa $40,000,000 Dubuque Bank & Trust Company Dubuque, Iowa $40,000,000 U.S. Bank Minneapolis, Minnesota $40,000,000 Dupaco Community Credit Union Dubuque, Iowa $20,000,000 Premier Bank Dubuque, Iowa $20,000,000 East Dubuque Savings Bank Dubuque, Iowa $20,000,000 Liberty Bank Des Moines, Iowa $20,000,000 State Central Bank Keokuk, Iowa $20,000,000 th Passed, approved and adopted this 5 day of November, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Quarterly Investment Report: City Manager submitting the Quarterly Investment Report for the period ending September 30, 2007. Upon motion the documents were received and filed. Floodwall Pumping Station Improvement Projects: City Manager recommending acceptance of the construction contract for the Floodwall Pumping Station Improvement Projects, as com- pleted by Kluck Construction, in the final contract amount of $465,730.81. Upon motion the documents were received and filed and Resolution No. 527-07 Accepting Floodwall Pumping Station Improvement Project and authorizing payment was adopted. 8 RESOLUTION NO. 527-07 ACCEPTING FLOODWALL PUMPING STATION IMPROVEMENTS AND AUTHORIZING PAYMENT TO THE CONTRACTOR Whereas, the contract for the Public Works Department Floodwall Pumping Stations Im- provement Projects has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the con- tract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said im- provement is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the General Fund and the Stormwater Construction Fund equal to the final amount of this contract, $465,730.81, less any retained percentage provided for therein as provided in Iowa Code Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. Passed, approved and adopted this 5th day of November, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Planning Excellence Award: Communication from the Iowa Chapter of the American Plan- ning Association advising that the City of Dubuque has been selected to receive the Iowa APA Planning Excellence Award for implementation of the Port of Dubuque Master Plan. Motion by Jones to receive and file the document. Seconded by Connors. Planning Services Manager Laura Carstens presented the award and expressed appreciation to the Council for their sup- port. Motion carried 7-0. Iowa League of Cities: Communication from the Iowa League of Cities expressing gratitude to the City of Dubuque for the assistance and support provided for the recent Iowa League of Cities Annual Conference. Upon motion the documents were received and filed. NICC Small Business Director Award: Press release announcing that Terry Sullivan, Iowa Small Business Development Center Director at NICC, was named the 2007 Iowa State Star by the Association of Small Business Development Centers. Motion by Connors to receive and file the documents. Seconded by Michalski. Connors said Terry Sullivan is instrumental in help- ing people in small business and wanted to publicly congratulate him. Motion carried 7-0. Vehicle Maintenance Activity Replacement Truck: City Manager recommending approval to replace Public Works Department Vehicle #3301, a ½ ton 4-wheel-drive service truck. Upon motion the documents were received, filed, and approved. Vehicle Maintenance Activity Software Purchase: City Manager recommending approval to replace software for the Public Works Department’s Vehicle Maintenance Activity. Upon motion the documents were received, filed, and approved. Downtown Area Parking Needs Assessment Study: City Manager recommending approval of awarding the contract for the Downtown Area Parking Needs Assessment Study to Walker Parking and Associates in the amount of $91,000.00. Upon motion the documents were re- ceived, filed, and approved. 9 Business Licenses: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 528-07 Granting the issuance of one permit to sell cigarettes and cigarette papers in the City of Du- buque; Resolution No. 529-07 Granting the issuance of a Class “C” Beer Permit to Plaza 20/BP Amoco, Kwik Stop Food Mart, and Target Store; and Resolution No. 530-07 Granting the issuance of a Class “C” Beer/Liquor License to Bridge Restaurant, Loras College, and L. May; and Class “B” Wine Permit to Target Store were adopted. RESOLUTION NO. 528-07 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, 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. th Davinci’s / Leo’s Pub Davinci Management LLC 395 w. 9 St th Passed, approved and adopted this 5 day of November, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 529-07 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 DU- BUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS “C” BEER PERMIT R Future, Inc. Plaza 20/BP Amoco +(Sunday Sale) 2600 Dodge St. Rainbo Oil Company Kwik Stop Food Mart+(Sunday Sale) 4039 Pennsylvania Ave. Target Corporation Target Store T-0086+(Sunday Sale) 3500 Dodge St. Passed, approved and adopted this 5th day of November, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 530-07 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 DU- BUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS “C” BEER/LIQUOR LICENSE Raysan Corp. Bridge Restaurant +(Sunday Sale) 31 Locust St 10 Aramark Educational Service Loras College Athletic/Wellness+(Sunday Sale) 1600 Cox St L May Inc L. May +(Sunday Sale) 1072 Main St CLASS “B” WINE Target Corp Target Store T-0086 3500 Dodge St Passed, approved and adopted this 5th day of November, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Cline to receive and file the documents, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Connors. Motion car- ried 7-0. Residential Parking Permit District: City Manager recommending that a public hearing be set for November 19, 2007 to consider amending Residential Parking Permit District A by exclud- ing from it that section of Grace Street from McCormick Street to a point 270 feet east of McCormick Street. Upon motion the documents were received and filed and Resolution No. 531-07 Setting a public hearing on amending Residential Parking Permit District A to exclude Grace Street, from McCormick Street to a point two hundred seventy (270) feet east of McCormick Street was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on November 19, 2007, in the Historic Federal Building. RESOLUTION NO. 531-07 RESOLUTION SETTING A PUBLIC HEARING ON AMENDING RESIDENTIAL PARKING PERMIT DISTRICT A TO EXCLUDE GRACE STREET, FROM MCCORMICK STREET TO A POINT TWO HUNDRED SEVENTY (270) FEET EAST OF MCCORMICK STREET Whereas, the City of Dubuque, pursuant to Section 32-321.722 of the Code of Ordinances, has received a letter from the University of Dubuque requesting that the following area de- scribed as follows be deleted from Residential Parking Permit District A: Grace Street, from McCormick Street to A Point Two Hundred Seventy (270) Feet East of McCormick Street Whereas, the City Manager, in accordance with Section 32-321.722, recommends that Residential Parking Permit District A be amended by excluding such areas and that the City Council set a public hearing on the request to amend Residential Parking Permit District A. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the City Council finds and determines that the request from the University of Dubuque is valid for the exclusion of Grace Street, from McCormick Street to a point two hun- dred seventy (270) feet east of McCormick Street, from Residential Parking Permit District A. Section 2. That the City Clerk be authorized and directed to publish a notice of public hear- ing on amending Residential Parking Permit District A, to be held on November 19, 2007. th Passed, approved and adopted this 5 day of November, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Quigley Lane – Vacating Petition: City Manager recommending that a public hearing be set for November 19, 2007 to consider a request from David L. Clemens, representing Denise M. Keller, for the vacating and purchase of a portion of Quigley Lane west of Pierce Street. Upon motion the documents were received and filed and Resolution No. 532-07 Resolution of Intent 11 to vacate and dispose of City interest in Lot 1-6-A of Kringle’s Subdivision of Out Lot 743 in the City of Dubuque, Dubuque County, Iowa, was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on November 19, 2007, in the Historic Federal Building. RESOLUTION NO. 532-07 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT 1-6-A OF KRINGLE’S SUBDIVISION OF OUT LOT 743 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, David L. Clemens representing Denise M. Keller has requested the vacating and disposal of a portion of Quigley Lane west of Pierce Street; and Whereas, Buesing & Associates has prepared and submitted to the City Council a plat showing the vacated portion of Quigley Lane west of Pierce Street and assigned lot number thereto, which hereinafter shall be known and described as Lot 1-6-A of Kringle’s Subdivision of Out Lot 743 in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the City of Dubuque intends to vacate and dispose of its interest in Lot 1-6-A of Kringle’s Subdivision of Out Lot 743 in the City of Dubuque, Dubuque County, Iowa. Section 2. That the conveyance of Lot 1-6-A of Kringle’s Subdivision of Out Lot 743 in the City of Dubuque, Dubuque County, Iowa, to Denise M. Keller be contingent upon the payment of $300.00, plus platting, publication, and filing fees. Section 3. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstruct- ing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa, as indicated on the Plat of Survey of Lot 1-6-1 of Kringle’s Subdivision of Out Lot 743 in the City of Dubuque, Dubuque County, Iowa. Section 4. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to vacate and dispose of said real estate to be published in the manner as prescribed by law. th Passed, approved and adopted this 5 day of November, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Brunswick Street and Adjacent Alley – Vacating Petition: City Manager recommending that a public hearing be set for November 19, 2007 to consider a request from Esther J. Thome to vacate a portion of Brunswick Street south of Lawther Street and the northerly portion of an al- ley west of Balke Street south of Lawther Street. Upon motion the documents were received and filed and Resolution No. 533-07 Resolution of Intent to vacate and dispose of City interest in Lot 49-A and Lot 66-A of Belmont Addition in the City of Dubuque, Dubuque County, Iowa, was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on November 19, 2007, in the Historic Federal Building. 12 RESOLUTION NO. 533-07 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT 49-A AND LOT 66-A OF BELMONT ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Esther J. Thome has requested the vacating and disposal of a portion of Bruns- wick Street south of Lawther Street and the northerly portion of an alley west of Balke Street south of Lawther Street; and Whereas, Buesing & Associates has prepared and submitted to the City Council a plat showing the vacated portion of Brunswick Street south of Lawther Street and the northerly por- tion of an alley west of Balke Street south of Lawther Street and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 49-A and Lot 66-A of Belmont Addition in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the City of Dubuque intends to vacate and dispose of its interest in Lot 49-A and Lot 66-A of Belmont Addition in the City of Dubuque, Dubuque County, Iowa. Section 2. That the conveyance of Lot 49-A and Lot 66-A of Belmont Addition in the City of Dubuque, Dubuque County, Iowa, to Esther J. Thome be contingent upon the payment of $300.00, plus platting, publication, and filing fees. Section 3. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstruct- ing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa, as indicated on Lot 49-A of Belmont Addition in the City of Dubuque, Dubuque County, Iowa. Section 4. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to vacate and dispose of said real estate to be published in the manner as prescribed by law. th Passed, approved and adopted this 5 day of November, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Development Agreement – Medline Industries, Inc.: City Manager recommending that a public hearing be set for November 19, 2007 to consider the disposition of approximately 10.43 acres in Dubuque Industrial Center West to Medline Industries, Inc. and approval of a Devel- opment Agreement. Upon motion the documents were received and filed and Resolution No. 534-07 Resolution of 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 issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of a Devel- opment Agreement relating thereto with Medline Industries, Inc., and providing for the publica- tion of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on November 19, 2007, in the Historic Federal Building. RESOLUTION NO. 534-07 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 DU- BUQUE, IOWA ON THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS AND THE EXECUTION OF A DEVELOPMENT AGREEMENT RELATING THERETO WITH MEDLINE INDUSTRIES, INC., AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF 13 Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property); Lot 4 of Dubuque Industrial Center West in the City of Dubuque, Iowa; and Whereas, City, and Medline Industries, Inc. have entered into a Development Agreement, subject to the approval of the City Council, a copy of which is now on file at the Office of the City th Clerk, City Hall, 13 and Central Avenue, Dubuque, Iowa, pursuant to which City will convey the Property (Lot 4 of the Dubuque Industrial Center West) to Medline Industries, Inc.; and Whereas, the City Council has tentatively determined that it would be in the best interests of the City to approve the Development Agreement, including the conveyance of the Property to Medline Industries, Inc.; and Whereas, it is deemed necessary and advisable that City should authorize Urban Renewal Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of Iowa, and to enter into the Development Agreement relating thereto for the purpose of carrying out an Ur- ban Renewal Plan as hereinafter described; and Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa re- quires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or property owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing-described Property by Deed to Medline Industries, Inc. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a no- tice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's th intent to dispose of the foregoing-described Property, to be held on the 19 day of November, th 2007, at 6:30 o'clock p.m. in the Historic Federal Building in Dubuque, Iowa, 350 W. 6 Street, Dubuque, Iowa. Section 3. The City Council will also meet at said time and place for the purpose of taking action on the matter of authorizing Urban Renewal Tax Increment Revenue obligations and the execution of the Development Agreement relating thereto with Medline Industries, Inc., the pro- ceeds of which obligations will be used to carry out certain of the special financing activities described in the Urban Renewal Plan for the Dubuque Industrial Center Economic Develop- ment District, consisting of the funding of economic developments grants to Medline Industries, Inc. pursuant to the Development Agreement under the terms and conditions of said Urban Renewal Plan. Section 4. 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. Section 5. That the notice of the proposed action to issue said obligations shall be in sub- stantially the form [provided]. th Passed, approved and adopted this 5 day of November, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Five Flags HVAC and Promenade Roof Replacement Project: City Manager recommending initiation of the public bidding process for the Five Flags HVAC and Promenade Roof Re- placement Project and that a public hearing be set for November 19, 2007 to consider ap- 14 proval of the plans and specifications. Upon motion the documents were received and filed and Resolution No. 535-07 Preliminary approval of plans, specifications, form of contract, and es- timated cost for the Five Flags HVAC and Promenade Roof Replacement Project; Resolution No. 536-07 Setting date of public hearing on plans, specifications, form of contract, and esti- mated cost for the Five Flags HVAC and Promenade Roof Replacement Project; and Resolu- tion No. 537-07 Ordering bids for the Five Flags HVAC and Promenade Roof Replacement Project were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on No- vember 19, 2007, in the Historic Federal Building. RESOLUTION NO. 535-07 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE FIVE FLAGS HVAC AND PROMENADE ROOF REPLACE- MENT PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Five Flags HVAC and Promenade Roof Replacement Project, in the estimated amount of $680,000, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public in- spection. Passed, approved, and adopted this 5th day of November, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 536-07 FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COST FOR THE FIVE FLAGS HVAC AND PROMENADE ROOF REPLACEMENT PROJECT Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval to the proposed plans, specifications, form of contract, and estimated cost for the Five Flags HVAC and Promenade Roof Replacement Project and ordered the same to be on file in the office of the City Clerk for public inspection. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That a public hearing will be held on the 19th day of November, 2007, at 6:30 p.m. in the in the Council Chambers, second floor of the Federal Building, 350 West 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the pro- posed plans, specifications, form of contract, or estimated cost of the Project. Passed, adopted and approved this 5th day of November, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 15 RESOLUTION NO. 537-07 ORDERING THE ADVERTISEMENT FOR BIDS FOR THE FIVE FLAGS HVAC AND PROMENADE ROOF REPLACEMENT PROJECT NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Five Flags HVAC and Promenade Roof Replacement Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby ap- proved. That the City Clerk is hereby directed to advertise for bids for the construction of the im- provements 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 more than twenty days but not more than forty-five days before the date for filing bids at 2:00 p.m. on the 6th day of December, 2007. 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 the City Council meeting to be held at 6:30 p.m. on the 17th day of December, 2007, in the Council Chambers, second floor of the Federal Building, 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 5th day of November, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Greater Downtown Urban Renewal District: City Manager recommending that a public hear- ing be set for December 17, 2007 to consider an amendment to the Greater Downtown Urban Renewal District to expand the district to include the Warehouse District and portions of prop- erty along South Main Street. Upon motion the documents were received and filed and Resolu- tion No. 538-07 Resolution of Necessity finding that certain areas adjacent to the Greater Downtown Urban Renewal District meet the definition of a blighted area under the Urban Re- newal Law, and that development of said areas is necessary in the interest of the residents of the City of Dubuque, Iowa, was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on December 17, 2007, in the Historic Federal Building. RESOLUTION NO. 538-07 A RESOLUTION OF NECESSITY FINDING THAT CERTAIN AREAS ADJACENT TO THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT MEET THE DEFINITION OF A BLIGHTED AREA UNDER THE URBAN RENEWAL LAW, AND THAT DEVELOPMENT OF SAID AREAS IS NECESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA . Whereas, the City Council of the City of Dubuque has heretofore, by Resolution No. 108-07 adopted on February 20, 2007, approved the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District (a merger of the Downtown Dubuque and Ice Harbor Urban Renewal Districts) (the “District”) in order to provide redevelopment opportunities which will further the purposes and objectives of the foregoing Urban Renewal Plan; and Whereas, the City Council has found that certain areas adjacent to the District meet the definition of a blighted area and an economic development area as found in Chapter 403 "Ur- ban Renewal" of the Iowa Code; and Whereas, Chapter 403 of the Iowa Code requires that before urban renewal authority may be exercised, a City Council must adopt a resolution of necessity finding that the area in ques- tion is a slum, blighted or economic development area, and that so designating such area is 16 necessary in the interest of the public health, safety or welfare of the residents of the munici- pality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the following described areas, which are proposed to be added to the Greater Downtown Urban Renewal District, are blighted areas and economic development ar- eas as defined by Chapter 403 of the Iowa Code and are appropriate for an urban renewal pro- ject, to wit: 1) Warehouse Subarea:Commencing as a point of reference at the intersection of the centerlines of 11th Street and Central Avenue in the City of Dubuque, Dubuque County, Iowa, said point being the point of beginning; Thence northeasterly along the centerline of 11th Street to a point of intersection with the centerline of White Street; Thence northwesterly along the centerline of White Street to a point of intersection with the centerline of 12th Street; Thence northeasterly along the centerline of 12th Street and extension thereof to a point of intersection with the centerline of US Highways 151 and 61; Thence southwesterly along the centerline of US Highways 151 and 61 to a point of inter- section with the centerline of 4th Street extended; Thence southwesterly along the center- line of 4th Street and extension thereof to a point of intersection with the centerline of Cen- tral Avenue; Thence northwesterly along the centerline of Central Avenue to a point of inter- section with the centerline of 9th Street; Thence southwesterly along the centerline of 9th Street to a point of intersection with the westerly line of City Lot 259 extended southerly; Thence northwesterly along the westerly line of City Lot 259, and Lots 1 and 2 of the Subdi- vision of the South ½ of City Lot 261 and City Lot 260 to the southwest corner of the N ½ of City Lot 261; Thence northeasterly along the southerly line of the N ½ of City Lot 261 and extension thereof to a point of intersection with the centerline of Central Avenue; Thence northwesterly along the centerline of Central Avenue to a point of intersection of 11th Street also being point of beginning. 2) South Main Subarea:Commencing as a point of reference at a point of intersection of the centerline of Locust Street with the Locust Street Connector in the City of Dubuque, Du- buque County, Iowa, said point being the point of beginning; Thence northeasterly along the centerline of the Locust Street Connector to a point of intersection with the centerline of US Highways 52, 61, and 151; Thence southeasterly along the centerline of US Highways 52, 61, and 151 to a point of intersection with the centerline of the eastern section of Jones Street extended southwesterly; Thence southwesterly along said extension of the centerline of the eastern section of Jones Street to a point of intersection with the centerline of Main Street; Thence northwesterly along the centerline of Main Street to a point of intersection with the centerline of Jones Street; Thence northwesterly along the centerline of Jones Street to a point of intersection with the easterly line of Lot 2D of vacated Shields Street ex- tended northerly; Thence southeasterly along the easterly line of Lot 2D of vacated Shields Street to the southeasterly corner of said Lot 2D; Thence southwesterly along the southerly lines of Lot A and Lot 2D of vacated Shields Street and Lot 1 of 2 of City Lot 543 extended westerly to a point of intersection with the centerline of Locust Street; Thence northeasterly along the centerline of Locust Street to a point of intersection with the centerline of the Sec- ond Street Connector, also being the point of beginning. Section 2. That the development of the above-described expansion areas is necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning and local community objectives. Section 3. That the City Manager is authorized and directed to prepare an amendment to the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal 17 District for the purpose of including the above-described areas in the District, to forward said amendment to the City's Long Range Planning Commission for review and comment, and to begin the consultation process required by law with affected taxing entities. Section 4. That the City Clerk is directed to publish notice of a public hearing on the adop- tion of the proposed amendment to the Amended and Restated Urban Renewal Plan for the th Greater Downtown Urban Renewal District to be held on December 17, 2007 at 6:30 p.m. in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa 52001 and that said notice shall generally identify the areas covered by the Amended and Restated Plan, the areas pro- posed to be added to the District, and the general scope of the urban renewal activities planned for such areas, and that said notice shall be published and available to the public on December 7, 2007. Section 5. That the City Clerk is further directed to send by ordinary mail a copy of said no- tice of public hearing and the proposed amendment to the Dubuque Community School Dis- trict, the County Board of Supervisors and the Northeast Iowa Community College, as the af- fected taxing entities. th Passed, approved, and adopted this 5 day of November, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk BOARDS/COMMISSIONS Appointment was made to the following Commission: Housing Advisory Trust Fund. One 3- year at-large term through September 8, 2010 – Term of Walsh. Applicant: John Walsh. Motion by Michalski to appoint John Walsh to the Housing Advisory Trust Fund Committee for a 3- year expired term through September 8, 2010. Seconded by Braig. Motion carried 7-0. ACTION ITEMS General Obligation Bonds – Series 2007A: City Manager advising that the sale of General Obligation Bonds to support sanitary sewer projects would be held on Monday, November 5, th 2007 and the results brought to the November 5 City Council meeting. Motion by Cline to re- ceive and file the documents and adopt Resolution No. 539-07 Directing sale of $1,055,000 General Obligation Bonds, Series 2007A. Seconded by Jones. Motion carried 7-0. Finance Director Ken TeKippe introduced Tionna Pooler, Senior Managing Consultant from Public Financial Management, Inc. Ms Pooler reviewed the bid results, answered questions, and recommended accepting the bids from UMB Bank for the 2007A Series and Stiefel Nico- laus for the 2007B Series. RESOLUTION NO. 539-07 DIRECTING SALE OF $1,055,00 GENERAL OBLIGATION BONDS, SERIES 2007A WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the Bonds described as follow and the best bid received is determined to be the following: $1,055,00 General Obligation Bonds, Series 2007A. Bidder UMP Bank, n.a. of Kansas City Missouri, the terms of said bid being: Purchase Price $1,049,092.00 True Interest Cost 3.670352% Net Interest Cost $221,496.75 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: 18 Section 1. That the Bid for the Bonds as above set out is hereby determined to be the best and most favorable bid received and, said Bonds are hereby awarded based on said bid. Section 2. That the form of contract for the sale of said Bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notice of sale of the Bonds heretofore given and all acts of the Clerk done, in furtherance of the sale of said Bonds are hereby ratified and approved. Section 4. That the preliminary Official Statement in the form presented to this meeting be and the same hereby is approved as to form, and prior action by the Finance Officer to deem final the same for purposes of Rule 15c2-12 of the Securities and Exchange Commission is hereby ratified, confirmed and approved. th Passed and approved this 5 day of November, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk General Obligation Refunding Bonds – Series 2007B: City Manager advising that the sale of General Obligation Refunding Bonds would be held on Monday, November 5, 2007 and the th results brought to the November 5 City Council meeting. Motion by Michalski to receive and file the documents and adopt Resolution No. 540-07 Directing sale General Obligation Refund- ing Bonds, Series 2007B. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 540-07 DIRECTING SALE OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2007B WHEREAS, pursuant to notice as required by law, bids have been received at public sale for Bonds described as follows and the best bid received is determined to be the following: General Obligation Refunding Bonds, Series 2007B: Bidder: of Stifel, Nicolaus & Co., Inc., Minneapolis, Minnesota, the terms of said being: Principal Amount $2,985,000.00 Purchase Price $2,999,219.20 True Interest Cost 3.662496% Net Interest Cost: $682,249.55 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the bid for the Bonds as above set out is hereby determined to be the best and most favorable bid received and, said Bonds are hereby awarded based on said bid. Section 2. That the form of contract for the sale of said Bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notice of the sale of the Bonds theretofore given and all acts of the Clerk done in furtherance of the sale of said bonds are hereby ratified and approved. Section 4. That the preliminary Official Statement in the form presented to this meeting be and the same hereby is approved as the form, and prior action by the Finance Officer to deem final the same for purpose of Rule 15c2-12 of the Securities and Exchange Commission is hereby ratified, confirmed, and approved. th Passed and approved this 5 day of November, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk AmeriCorps Contract: City Manager recommending approval of a renewal application to the Corporation for National and Community Service for Partners in Learning AmeriCorps Program funding. Motion by Cline to receive and file the documents and adopt Resolution No. 541-07 19 Approving an application to the Corporation for National and Community Service for Ameri- Corps program funding. Seconded by Connors. Michalski commented that the City Council al- most gave up on this program and it is now in its eighth year and very successful. Motion car- ried 7-0. RESOLUTION NO. 541-07 A RESOLUTION APPROVING AN APPLICATION TO THE CORPORATION FOR NA- TIONAL AND COMMUNITY SERVICE FOR AMERICORPS PROGRAM FUNDING WHEREAS, the City of Dubuque has an opportunity to provide needed funding and services for the benefit of our underserved and disadvantaged children and youth through a partnership and collaboration with the Dubuque County Extension Services and the Community Founda- tion of Greater Dubuque; and WHEREAS, an application to the Corporation for National and Community Service for AmeriCorps Program funding has been prepared, for a second year of a three-year renewable (annual) grant beginning in September 2008. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the Mayor is authorized and directed to execute an application to the Corpo- ration for National and Community Service for participation in the Partners in Learning Ameri- Corps Program. Section 2. That the City Manager is hereby authorized and directed to forward said applica- tion and resulting standard executed contract as required by the Corporation for National and Community Service. th Passed, approved, and adopted this 5 day of November, 2007. Roy D Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Dubuque as a Sustainable Community: City Manager recommending approval of the selec- tion of Down to Earth Solutions to provide consulting services for various activities promoting sustainable community projects as part of the City’s “green” initiative. Motion by Cline to re- ceive and file the documents and approve. Seconded by Braig. Housing and Community De- velopment Director David Harris said that this fits in with the Neighborhood Revitalization areas and includes education, demonstration projects, and energy use promotion. Motion carried 7-0. Legislative Priorities: City Manager submitting the City’s Legislative Priorities for the 2008 Legislative Session. Motion by Connors to receive and file the documents and approve. Sec- onded by Jones. Motion carried 7-0. There being no further business, Cline moved to adjourn. Seconded by Cline. Motion car- ried 7-0. Meeting adjourned at 7:07 p.m. /s/ Jeanne F. Schneider, CMC City Clerk 20