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Minutes City Council 5 7 07 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session on at 6:30 p.m. on May 7, 2007, in the Public Library Auditorium. Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen; Assistant City Attorney Tim O’Brien, and Assistant City Attorney Crenna Brumwell. Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of reviewing such matters which may properly come before the Council. Invocation was provided by Mayor Buol. Swearing-In of Mayor Pro-Tem Patricia Cline. PROCLAMATIONS Bike Safety Month (May 2007) was accepted by Cindy Temperly; National Tourism Month (May 2007) was accepted by Sue Czeshinski; Nursing Home Month (May 2007) was accepted by Barbara Barber; and Iowa School Board Recognition Week (May 13-19, 2007) was accepted by Larry Loeppke and Otto Krueger from Dubuque Community Schools and Steve Cornelius from Holy Family Schools. CONSENT ITEMS Motion by Cline to receive, file, refer to staff, and adopt resolutions as indicated. Second by Lynch. Michalski requested that (#16) Designated Signatories – Federal Transit Administration Documents, and (#36) Citizen Communications be held for separate discussion. Connors requested that (#37) Home Builders Association of Iowa be held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: Cable TV Regulatory Commission of 1/10; Cable TV Teleprogramming Commission of 2/6; City Council of 4/16; Civil Service Commission of 3/28 and 4/5; Environmental Stewardship Advisory Commission of 4/3; Historic Preservation Commission of 4/19; Investment Oversight Advisory Commission of 4/25; Proofs of publication on City Council Proceedings of April 2 and 16, 2007; Investment Oversight Advisory th Commission 54 Quarterly Report, upon motion received and filed. Notice of Claims/Suits: Jeffrey A. and Dianne Brimeyer for property damage; Allen G. Gloeckner for property damage; Linda M. Loney for property damage; Nationalwide Advantage Mortgage Company vs. City of Dubuque Housing Services Department, et al; Ken and Billie Rolwes for property damages; Martha Schmid for vehicle damage, upon motion received, filed, and concurred City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Allen C. Gloeckner for property damage; Alan and Margaret Jones for vehicle damage; Doris Kinsella for personal injury; Ken and Billie Rolwes for property damage; Martha Schmid for vehicle damage. City Attorney recommending that the claim of David A. Jones for vehicle damage be referred to MSA Professional Services, Inc., for consideration, upon motion received, filed, and concurred. Cooperative Traffic Paint and Pavement Markings Agreement: City Manager recommending approval of a new Cooperative Traffic Paint and Pavement Markings Agreement between the City of Dubuque and County of Dubuque. Upon motion the documents were received and filed and Resolution No. 236-07 Approving Traffic Paint and Pavement Markings Agreement between the City of Dubuque and Dubuque County was adopted. Grade Crossings – Jones Street and Fifth Street: City Manager recommending approval of the State of Iowa Federal-Aid Grade Crossing Surface Repair Agreements between the Chicago, Central & Pacific Railroad, Iowa Department of Transportation and the City of Dubuque for the Jones Street and Fifth Street grade crossings. Upon motion the documents were received and filed and Resolution No. 237-07 Approving State of Iowa Federal-Aid Grade Crossing Surface Repair Agreements for the construction of surface improvements at the railroad crossings located at Fifth Street (Agreement A18138) and Jones Street (Agreement A18139) was adopted. HUD Lead Paint Hazard Control Grant: City Manager recommending approval of the submission of an application to the US Department of Housing and Urban Development for continuation of the Lead-Based Paint Hazard Prevention Program, upon motion the documents were received, filed, and approved. Acceptance of Sanitary Sewer Lift Station in Arbor Estates: City Manager recommending acceptance of the sanitary sewer lift station that the developer, Kivlahan Farms, LLC, recently completed in Arbor Estates – Phase 3. Upon motion the documents were received and filed and Resolution No. 238-07 Accepting sanitary sewer lift station in Arbor Estates – Phase 3 was adopted. Washington Court Second Addition: City Manager recommending approval of the plat of survey of Washington Court Second Addition. Upon motion the documents were received and filed, and Resolution No. 239-07 Approving plat of survey describing the proposed consolidation of lots owned by the City of Dubuque and Washington Court, LP to be known as nd Washington Court 2 Addition was adopted. Demolition of Property at 598 Central Avenue: Historic Preservation Commission recommending City Council approval of a request to demolish the building at 598 Central Avenue. Upon motion the documents were received, filed, and approved. Demolition of Property at 1051 White Street: Historic Preservation Commission recommending City Council approval of a request to demolish the building at 1051 White Street. Upon motion the documents were received, filed, and approved. Unified Development Code Sign Review Advisory Committee: City Manager recommending approval of the appointment of Joe LoBianco and Tom Culbertson to the Unified Development Code Sign Review Advisory Committee. Upon motion the documents were received, filed, and approved. 2 The Durrant Group – CEBA Contract: City Manager recommending approval of the execution of a CEBA Loan Agreement in the amount of $50,000 and an Enterprise Zone Funding Agreement to support The Durrant Group’s expansion project in the Port of Dubuque. Upon motion the documents were received and filed and Resolution No. 240-07 Authorizing the execution of a Community Economic Betterment Account Loan Agreement and an Enterprise Zone Funding Agreement for Fifty Thousand Dollars ($50,000) with the Durrant Group, Inc. was adopted. Cottingham and Butler – CEBA Contract: City Manager recommending approval of the execution of a CEBA Loan Agreement in the amount of $300,000 and an Enterprise Zone Funding Agreement to support Cottingham & Butler’s expansion project in downtown Dubuque. Upon motion the documents were received and filed and Resolution No. 241-07 Authorizing the execution of a Community Economic Betterment Account Loan Agreement and an Enterprise Zone Funding Agreement for Three Hundred Thousand Dollars ($300,000) with Cottingham and Butler, Inc. was adopted. Purchase of Property – 511-513 Rhomberg Avenue: City Manager recommending approval of the purchase of a duplex residential dwelling for $92,000 located at 511-513 Rhomberg Avenue as part of the acquisition program associated with the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 242-07 Approving the acquisition of real estate located at 511-513 Rhomberg Avenue in the City of Dubuque was adopted. Asbury Voluntary Annexation: Notification from Steven R. McCann, City Development Board, advising that the matter of the City of Asbury Voluntary Annexation, including non- consenting owners within the urban area of the City of Dubuque, will be considered by the City Development Board on May 9, 2007. Upon motion the documents were received and filed. Designated Signatories – Federal Transit Administration Documents: City Manager recommending approval of an Authorizing Resolution designating the Mayor and the General Manager of KeyLine Transit as the authorized signatories to execute and file all Federal Transit Administration documents on behalf of the City of Dubuque. Motion by Michalski to receive, file, and adopt Resolution No. 243-07 Authorizing the filing of an application with the Federal Transit Administration, an Operating Administration of the United States Department of Transportation, for Federal Transportation Assistance authorized by 49 U.S.C. Chapter 53, Title 23 United States Code and other Federal statutes administered by the Federal Transit Administration. Seconded by Connors. Michalski said this distances City Council from control over important issues so Keyline must keep the Council up to date. Motion carried 7-0. Civil Service Commission: Civil Service Commission submitting the certified lists for the positions of Equipment Operator II, Engineering Technician and Sanitation Driver. Upon motion the documents were received, filed, and made a matter of record. Five Flags Center Fiscal Year 2008 Budget: City Manager recommending approval of the Fiscal Year 2008 budget for the Five Flags Civic Center. Upon motion the documents were received, filed, and approved. Purchase of Play Equipment for Lincoln School: City Manager recommending approval of the purchase of play equipment from Boland Recreation in the amount of $64,900 to be placed 3 at Lincoln School. Upon motion the documents were received, filed, and approved. Walter Development/Kendall-Hunt Assignment of Right to Purchase: City Manager recommending approval of a request from Walter Development/Kendall-Hunt of the assignment of its right to purchase property in the Dubuque Industrial Center West Seventh Addition to Dubuque Bank & Trust Company. Upon motion the documents were received, filed, and approved. Legislative Communication: Communication to State Representatives Pam Jochum and Pat Murphy requesting that they consider sponsoring an amendment to the Economics Appropriations bill to include funding to support the statewide labor-management program. Upon motion the documents were received and filed. Notice of Intent to Request Release of Funds – Fiscal Year 2008 CDBG Programs: City Manager recommending approval of the publication of a Notice of Intent to Request Release of Funds for Community Development Block Grant (CDBG) program activities. Upon motion the documents were received and filed and Resolution No. 244-07 Authorizing publication of a Notice of Intent to Request Release of Funds for certain Community Development Block Grant Projects for Fiscal Year 2008 (Program Year 2007) was adopted. Keystone Area Education Agency I-Net User Agreements: City Manager recommending approval of the Institutional Network User Agreement between the City of Dubuque and Keystone AEA. Upon motion the documents were received, filed, and approved. 2007 – 2008 Deer Management Plan: City Manager recommending that the Urban Deer Management Program be continued for the 2007-2008 hunting season. Upon motion the documents were received, filed, and approved. Administrative Services Agreement: City Manager recommending approval of an amendment to the Administrative Services Agreement between the City and Express Scripts, Inc. through June 30, 2010. Upon motion the documents were received, filed, and approved. Claims Audit for the Third Party Administrator for Health Insurance Plan: City Manager recommending approval to retain Gallagher Benefit Services to assist the City with a Request for Proposal for claims auditing services and an optional claims office operational review. Upon motion the documents were received, filed, and approved. Fiscal Year 2008 Wage Plan and Compensation Package for Non-Bargaining Unit Employees: City Manager recommending approval of the Fiscal Year 2008 Wage Plan and Compensation Package for Non-Bargaining Unit employees. Upon motion the documents were received and filed and Resolution No. 245-07 Approving the Wage Plan and Compensation Package for Non-Bargaining Unit Employees for Fiscal Year 2008 was adopted. Quarterly Investment Report: City Manager submitting the March 31, 2007, Quarterly Investment Report. Upon motion the documents were received and filed. Request for Proposals – Water Meter Reading Services Consultant: City Manager recommending approval of the issuance of a Request for Proposal (RFP) for Water Meter Reading Consultant Services. Upon motion the documents were received, filed, and approved. 4 Iowa/Locust Street Parking Ramp Restoration Project: City Manager recommending acceptance of the Parking Ramp Restoration Project as completed by Brent Anderson Associates in the final contract amount of $949,087.80 and payment of the retainage. Upon motion the documents were received and filed and Resolution No. 246-07 Accepting the Iowa/Locust Street Parking Ramp Restoration Project and authorizing the payment of the contract amount to the contractor was adopted. Results of Facility Plan RFP and Interviews: City Manager recommending approval of the selection of Strand and Associates to work with the City in the development of the Water Pollution Control Plant Facility Plan at an estimated cost of $85,000. Upon motion the documents were received, filed, and approved. City Hall Parking Lot Reconstruction Project: City Manager recommending award of the contract for the City Hall Parking Lot Reconstruction Project to Portzen Construction, Inc., in the amount of $607,607.00. Upon motion the documents were received and filed and Resolution No. 247-07 Awarding public improvement contract for the City Hall Parking Lot Reconstruction Project to Portzen Construction was adopted. 2007 Asphalt Paving Program: City Manager recommending award of the contract for the 2007 Asphalt Paving Project to Mathy Construction Company in the amount of $695,470. Upon motion the documents were received and filed and Resolution No. 248-07 Awarding public improvement contract for the 2007 Asphalt Paving Project to Mathy Construction Company was adopted. Downtown Streetlight and Traffic Signalization Pole Painting Project: City Manager recommending award of the contract for the Downtown Streetlight and Traffic Signalization Pole Painting Project to Alan Jackson Tuckpointing, Inc., in the amount of $46,571. Upon motion the documents were received and filed and Resolution No. 249-07 Awarding public improvement contract for the Downtown Streetlight and Traffic Signalization Pole Painting Project to Alan Jackson Tuckpointing, Inc., was adopted. City Hall Third Floor Office Expansion Project: City Manager recommending award of the contract for the City Hall Third Floor Office Expansion Project to Klauer Development Corporation in the amount of $62,696. Upon motion the documents were received and filed and Resolution No. 250-07 Awarding public improvement contract for the City Hall Third Floor Office Expansion Project to Klauer Development Corporation was adopted. Citizen Communications: Communication from Dean Rampson, 670 Cleveland Street, regarding his application for financial assistance for the University Avenue Reconstruction Project assessment being denied. Communication from David H. Parrett, 9349 April Lynne Court, regarding the initiative to make Dubuque a “green” community and suggesting that codes regarding the use of geo- thermal air conditioning and heating be established. nd Communication from Fred and Tari Beeler, 3019 West 32 Street, and Wayne Maiers, 3016 ndnd West 32 Street, requesting that the property located at 3015 West 32 Street not be allowed to continue as a daycare center. Motion by Michalski to receive and file the documents and refer to the City Manager. Seconded by Connors. Michalski said staff should report back to Council as appropriate. Motion carried 7-0 5 Home Builders Association of Iowa: Communication from A. Schmidt, Home Builders Flora Association of Iowa, encouraging the City to pass a Storm Water Post Construction Ordinance, which is in compliance with the Federal Clean Water Act NPDES requirements. Motion by Connors to receive and file the documents and refer to the City Manager. Seconded by Lynch. Connors asked that this be brought back to Council for consideration. Motion carried 7-0. Agreement with Area Residential Care: City Manager recommending approval of an agreement with Area Residential Care, Inc., Vocational Services to pick up trash at the skate park, Allison-Henderson, Comiskey and Bunker Hill. Upon motion the documents were received, filed, and approved. PEG Capital Grant Expenditure Request: City Manager recommending approval for funding from the Capital Grant for Access Equipment and Facilities. Upon motion the documents were received, filed, and approved. th Improvement Contracts / Performance, Payment and Maintenance Bonds -- West 5 Street (Alpine – Hill) Reconstruction Project: Upon motion the documents were received and filed. Business Licenses: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 251-07 Granting the issuance of a Class B Beer Permit to Pizza Ranch and Class C Beer Permit to Casey’s General Store – 2699 Rockdale, Casey’s General Store – 4003 Peru Road, Paro Food Mart, Ron’s Discount Smokes, Oky Doky #2, Beecher Beverage, and Oky Doky #1, and Resolution No. 252-07 Granting the issuance of a Class A Liquor License to Dubuque Golf and Country Club; Class B Liquor License to Julien Inn; Class C Beer/Liquor License to Clarke College, Shot Tower Inn, Loras College, Corner Tap, Busted Lift, Tott’s Tap, and Bartinis; Special Class C Liquor License to Chuck-n-Jo’s; Special Class C Liquor License (5-Day Special Event) to Music n More and Dubuque Jaycees; and Class B Wine Permit to Beecher Beverage, Oky Doky #1, and Oky Doky #2 were adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Cline to receive and file the documents, set the public hearings as specified, and direct the City Clerk to publish notice in the manner prescribed by law. Port of Dubuque Adams Development LLC Special Warranty Deed: City Manager recommending that a public hearing be set for May 21, 2007, to consider disposing of property by deed to Port of Dubuque Adams Development, LLC. Upon motion the documents were received and filed and Resolution No. 253-07 Resolution of Intent to dispose of an interest in real property by deed to Port of Dubuque Adams Development, LLC was adopted setting a public hearing at a meeting to commence at 6:30 p.m. on May 21, 2007, in the Public Library Auditorium. White Water Creek Bridge Relocation Project – Phase III: City Manager recommending initiation of the public bidding process for the White Water Creek Bridge Relocation Project - Phase III and that a public hearing on the plans and specifications, form of contract, and estimated cost be set for May 21, 2007. This item was removed from the agenda. 6 US 52 North Storm Sewer Improvement Project: City Manager recommending initiation of the public bidding process for the US 52 North Storm Sewer Improvement Project and that a public hearing on the plans and specifications, form of contract, and estimated cost be set for May 21, 2007. Upon motion the documents were received and filed and Resolution No. 254-07 Preliminary approval of plans and specifications, form of contract, and estimated cost for the US 52 North Storm Sewer Improvement Project; Resolution No. 255-07 Setting date of hearing on plans and specifications, form of contract, and estimated cost for the US 52 North Storm Sewer Improvement Project; and Resolution No. 256-07 Ordering the advertisement for bids for the US 52 North Storm Sewer Improvement Project were adopted setting a public hearing at a meeting to commence at 6:30 p.m. on May 21, 2007, in the Public Library Auditorium. Grand River Center Carpet Replacement Project: City Manager recommending initiation of the public bidding process for the Grand River Center Carpet Replacement Project and that a public hearing on the plans and specifications, form of contract, and estimated cost be set for May 21, 2007. Upon motion the documents were received and filed and Resolution No. 257-07 Preliminary approval of plans and specifications, form of contract, and estimated cost for the Grand River Center Carpet Replacement Project; Resolution No. 258-07 Setting date of hearing on plans and specifications, form of contract, and estimated cost for the Grand River Center Carpet Replacement Project; and Resolution No. 259-07 Ordering the advertisement for bids for the Grand River Center Carpet Replacement Project were adopted setting a public hearing at a meeting to commence at 6:30 p.m. on May 21, 2007, in the Public Library Auditorium. L & J Properties Dubuque, LLC Development Agreement: City Manager recommending that a public hearing be set for June 18, 2007, to consider approval of a Development Agreement with L & J Properties Dubuque, LLC, and the disposition of 2.74 acres of property in Dubuque Technology Park for construction of a 11,255 square foot office building. Upon motion the documents were received and filed and Resolution No. 260-07 (1) Approving the minimum requirements, competitive criteria, and offering procedures for the development of certain real property and improvements in the Dubuque Industrial Center – South Economic Development Urban Renewal District; (2) Determining that the Development Agreement submitted by L & J Properties Dubuque, LLC, satisfies the offering requirements with respect to the real property and improvements and declaring the intent of the City Council to approve the Development Agreement with L & J Properties Dubuque, LLC, in the event that no competing proposals are submitted providing for the sale of Lot 1 of 10 Dubuque Technology Park, in the City of Dubuque, Iowa, as shown on the attached map; and (3) soliciting competing proposals was adopted setting a public hearing at a meeting to commence at 6:30 p.m. on June 18, 2007, in the Public Library Auditorium. McGraw Hill Parking Lot: City Manager recommending that a public hearing be set for May 21, 2007, to consider approval of a permanent construction easement granted by Interstate Power to allow for the construction of the McGraw Hill parking lot and sanitary storm sewer and an indemnification agreement between the City and McGraw Hill. Upon motion the documents were received and filed setting public hearing for a meeting to commence at 6:30 p.m. on May 21, 2007, in the Public Library Auditorium. BOARDS/COMMISSIONS 7 Applicants were invited to address the Council regarding their desire to serve on the following Boards/Commissions: Arts and Cultural Affairs Advisory (Four 3-year “Arts” terms through June 30, 2010 – Terms of Kames, Kohl, Riedel, Wahlert). Applicants: Catherine Goodman, 505 English Lane; Tom Goodman, 3055 Powers Court; Paul Hemmer, 2375 th Simpson Street; Louise Kames, 201 W. 17 Street; Paul Kohl, 50 Lindberg Terrace; Ioana Mamali, 700 Lowell Street; Gene Perry, 1510 Kehl Court; Susan Riedel, 282 Kelly’s Bluff; Julie Steffen, 2260 Coates Street; John Woodin, 725 Laurel Street. Applicants C. Goodman, Kames, Kohl, Steffen, Mamali, and Woodin spoke in support of their appointments. SUSPEND THE RULES Upon motion the rules were suspended allowing anyone to address the Council. PUBLIC HEARINGS Fiscal Year 2007 Budget Amendment: Proof of publication on notice of hearing to consider the second amendment to the Fiscal Year 2007 operating budget and City Manager recommending approval. Motion by Cline to receive and file the documents and adopt Resolution No. 261-07 Amending the Fiscal Year 2007 budget. Seconded by Jones. Motion carried 7-0. Port of Dubuque Outdoor Plaza – Phase I Project: Proof of publication on notice of hearing to consider adoption of the plans and specifications, form of contract, and estimated cost for the Port of Dubuque Outdoor Plaza – Phase I Project and City Manager recommending approval and award of the contract to Nauman Nursery in the amount of $283,000. Motion by Cline to receive and file the documents and adopt Resolution No. 262-07 Approving the plans and specifications, form of contract, and estimated cost for the Port of Dubuque Outdoor Plaza – Phase I Project, and Resolution No. 263-07 Awarding public improvement contract for the Port of Dubuque Outdoor Plaza – Phase I Project to Nauman Nursery. Seconded by Connors. Motion carried 7-0. White Water Creek Bridge Project Phase II – Lead Paint Removal, Cleaning and Painting: Proof of publication on notice of hearing to consider adoption of the plans and specifications, form of contract, and estimated cost for the White Water Creek Bridge Relocation Project Phase II – Lead Paint Removal, Cleaning and Painting and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 264- 07 Approving plans and specifications, form of contract, and estimated cost for the White Water Creek Bridge Project Phase II – Lead Paint Removal, Cleaning and Painting. Seconded by Lynch. Motion carried 7-0. Rush Street Reconstruction Project: Proof of publication on notice of hearing to consider adoption of the plans and specifications, form of contract, and estimated cost for the Rush Street Reconstruction Project and City Manager recommending approval. City Manager submitting information in response to a request from Daniel D. and Millie Boge, 333 Villa Street, requesting that the City Council exempt their property from the directive requiring installation of a sidewalk when replacing a street and recommending that the sidewalk be required and that no retaining wall be built at this time. Motion by Cline to receive and file the documents and adopt Resolution No. 265-07 Approving plans and specifications, form of contract, and estimated cost for the Rush Street Reconstruction Project; Resolution No. 266-07 8 With respect to the adoption of the Resolution of Necessity proposed for the Rush Street Reconstruction project – Bryant Street to Villa Street; and Resolution No. 267-07 Approving schedule of assessments and estimate of total cost for the Rush Street Reconstruction project – Bryant Street to Villa Street. Seconded by Connors. Motion carried 7-0. Asbury Plaza Area Wastewater Pumping Facilities Project: Proof of publication on notice of hearing to consider adoption of the plans and specifications, form of contract, and estimated cost for the Asbury Plaza Area Wastewater Pumping Facilities Project and City Manager recommending approval. Motion by Michalski to receive and file the documents and adopt Resolution No. 268-07 Approving plans and specifications, form of contract, and estimated cost for the Asbury Plaza Area Wastewater Pumping Facilities Project. Seconded by Braig. Motion carried 7-0. US 20 (Devon Drive to Menards) Capacity Improvements Project – Phase II: Proof of publication on notice of hearing to consider adoption of the plans and specifications, form of contract, and estimated cost for the US 20 (Devon Drive to Menards) Capacity Improvements Project – Phase II and City Manager recommending approval. Motion by Cline to receive and file the documents and adopt Resolution No. 269-07 Approving plans and specifications, form of contract and estimated cost for the US 20 (Devon Drive to Menards) Capacity Improvements Project – Phase II. Seconded by Jones. Motion Carried 7-0. REINSTATE THE RULES Upon motion the rules were reinstated limiting discussion to the Council. ACTION ITEMS Convention and Visitors Bureau Quarterly Report: Sue Czeshinski, Dubuque Area Chamber of Commerce Convention and Visitors Bureau presented the Convention and Visitors Bureau Quarterly Report. Motion by Cline to receive and file. Seconded by Connors. Motion carried 7- 0. John F. Kennedy Road Sidewalk Installation: City Manager recommending that if the City Council requires the installation of sidewalks along John F. Kennedy Road, that the property owners be given the opportunity to construct said sidewalks prior to August 31, 2007, and after that date, a special assessment project be presented to the City Council to complete the sidewalk construction on the remaining parcels in the corridor. Petition from property owners in opposition to the placement of sidewalks on the east side of John F. Kennedy Road. Motion by Michalski to receive and file the documents and refer to the City Manager for preliminary study. Seconded by Jones. Braig said that there is a definite need for sidewalks but was in favor of exempting the east side of JFK from Asbury to Kaufman and recognized the hardship in maintaining sidewalks. She felt a deadline of August 31 was too soon, and she wanted to see the cost and inconvenience to property owners as well as protect them from unreasonable costs. Connors has heard from citizens on the northerly end of JFK regarding problems with keeping those sidewalks clear. She believes making an exception here will jeopardize the City’s credibility with other sidewalk installations and open the door to more exceptions. Michalski said that some blocks have been exempted and things have changed over seven years when the Council voted it down in 1999. She did not have a problem with 9 exempting the area. She questioned if there was enough space on the east side of JFK from Asbury to Kaufmann for a sidewalk. There are arguments for both sides and the City has already made exceptions by not requiring sidewalks. Cline asked who is responsible for clearing sidewalks on JFK. Sidewalks would encourage people to use the west end. Buol said the school children have a paved walking path, but he doesn’t see foot traffic. Jones said maintenance is not workable and it is fool hardy to develop plans if the project is not going forward. The City should look at a pedestrian safety plan. Sidewalk installation would put an unreasonable burden on citizens. The City should place crosswalks where necessary and sidewalks where feasible. Lynch was opposed to sidewalk installation, and there are no compelling arguments to support it. He expressed concern over exempting one block and the hardship on citizens. Van Milligen said that the maintenance responsibility lies with the abutting property owner. City Engineer Psihoyos said a design could be done, but the major cost/problem was the maintenance. This area was considered for sidewalks in 1999. Motion carried 4-3 with Buol, Cline and Lynch voting nay. Millworking District National Register of Historic Places Nomination (Tabled on April 2, 2007): City Manager recommending approval of the nomination of the proposed Millworking Historic District to the National Register of Historic Places. Motion by Michalski to remove from table. Seconded by Connors. Motion carried 7-0. Motion by Connors to receive and file the documents and approve the recommendation. Motion carried 7-0. Pet Park: City Manager submitting remedial steps for the Grandview Avenue Pet Park. Motion by Cline to receive and file the communications and petition and to proceed with the City Manager’s recommendations. Seconded by Connors. Lynch recommended limiting the hours, modifying the fencing, and continue looking for another site. Michalski was in favor of trying the recommended remedial steps. Braig said that a one-hour change in hours would not make a difference unless adjusted according to the season. Although she has respect for the neighbors, the dogs in the general neighborhood also bark. Cline was in favor of changing the hours. Jones said that the suggested changes were all viable solutions and should be tried before opting to close the park. Motion carried 6-1 with Braig voting nay. HRDP Grant Application for Downtown Dubuque Design Guidelines: City Manager recommending approval of a $25,000 State Historical Society of Iowa Historic Resource Development Program (HRDP) grant application for the Downtown Dubuque Design Guidelines. Motion by Cline to receive and file the documents and adopt Resolution No. 270- 07 Approving submittal of an HRDP grant application funds to the State Historical Society of Iowa for Downtown Dubuque Design Guidelines. Seconded by Lynch. Motion carried 7-0. Genuine Genius Solutions: City Manager recommending approval of submission of an Entrepreneurial Ventures Assistance (EVA) program application to the Iowa Department of Economic Development on behalf of Genuine Genius Solutions, LLC. Motion by Connors to receive and file the documents and adopt Resolution No. 271-07 Authorizing the filing of an Entrepreneurial Ventures Assistance (EVA) application of behalf of Genuine Genius Solutions, LLC. Seconded by Jones. Lynch said this is a fantastic opportunity. Motion carried 7-0. Western Dubuque BIODIESEL: City Manager recommending approval of an agreement with Western Dubuque BIODIESEL to discharge waste from its facility to the sanitary sewer system at the City of Dubuque. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Michalski. Motion carried 7-0. 10 Sign at Fifth and White Streets: City Manager recommending approval of the revised design for the Port of Dubuque sign at Fifth and White Streets providing one monument sign instead of the larger sign with three flag poles. Motion by Michalski to receive and file the documents and approve the recommendation. Seconded by Jones. Motion carried 7-0. Port of Dubuque Design Review – Port of Dubuque Parking Ramp: City Manager requesting City Council input regarding the design of the Port of Dubuque Public Parking Facility. Motion by Cline to receive and file the documents and approve the design. Seconded by Connors. Michalski asked if a bus waiting area would be included. Van Milligen said there are plans for an intermodal facility, but it is not part of this plan. A separate grant for that project has been submitted. Michalski expressed concern over losing the site for such a facility if the City does not receive the grant. Jones commended the subcommittee for doing a good job. Connors concurred with the committee’s recommendation. Motion carried 7-0. School Physical Plant and Equipment Levy Tax Increment Financing: City Manager recommending approval that beginning in Fiscal Year 2009, the City of Dubuque ceases to collect the PPEL levy from the Dubuque Community School District for Dubuque Industrial Tech Park South and Kerper Boulevard Industrial Park. Motion by Cline to receive and file the documents and approve the recommendation. Seconded by Lynch. Michalski asked if the school has been notified. Van Milligen said it had and that this will increase the schools PPEL funding by $25,000. Motion carried 7-0. Grandview Gallop: City Manager submitting an application from the Mississippi Valley Running Association to hold a June 16, 2007, four mile run/walk that includes a partial closure of Grandview Avenue for City Council review and direction. Motion by Cline to receive and file the documents and approve the application. Seconded by Lynch. Motion carried 7-0. th City of Dubuque 175 Anniversary Celebration Committee: City Manager recommending th approval of the creation of the 175 Anniversary Celebration Committee. Motion by Lynch to receive and file the documents and approve the recommendation. Seconded by Cline. Motion carried 7-0. National League of Cities – Appointments: Communication from the National League of Cities appointing City Council Member Ann Michalski to the 2007 Human Development Steering Committee. Communication from Christopher Hoene, National League of Cities, appointing City Council Member Ann Michalski to the City Futures Panel on Democratic Governance for the National League of Cities. Communication from Alice Walkup, National League of Cities, appointing City Council Member Ann Michalski as a University Communities Council Member. Motion by Cline to receive and file the documents. Seconded by Jones. Motion carried 7-0. COUNCIL MEMBER REPORTS (None) PUBLIC INPUT Greg Walsh, 1295 North Booth Street, expressed his thoughts on the Council’s compliance 11 with the Open Meetings Law and Chapter 21.2 – Sec. 2 of the Iowa State Code. There being no further business, upon motion the Council adjourned at 9:05 p.m. /s/ Jeanne Schneider, CMC City Clerk 1t 5/16 12