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Proof of Publication 9 4 07 Council ProceedingsCrTY OF DUBUQUE, IONNI P~aocE~EDi~s ciI rrwt i~n~ r~t~ >:o at 6:50 p.m. on September 4, 2007; in the Public Li- brary Auditorium. Present: Mayor Buoi, Council Members Braig, Cline, Corntors, Jones, Lynch, Michalski, City M Van MiUigen; City Meylpbread the call and stated fhfs is a regular session called for the pur- pose of discussing such matters whk;h may grope-- IY ~~ before the Coun- cil. n our ayS p week for full-time Pub Safety Dispatchers. Up motion the documen were received, filed, a approved. Workers' Compensati Excess Insurance: Ci Manager recommends approval of the selection Safety National as t City's excess worker compensation carrier, e fective July 1, 200 through June 30, 200 Upon motion the doc ments were received, file and approved. Purchase of Property 509 Lincoln Avenue: Cit Manager recommendin approval of the purchas of a residential rent dwelling located at 50 Lincoln Avenue as part o the acquisition progra associated with the Be Branch Creek Restoratio Project. Upon motion th documents were receive and filed and Resolutio No. 446-07 Approving th acquisition of real estat located at 509 Lincoln Avenue in the City of Du buque was adopted. Purchase of Property - 2010 Kniest Street: City Manager recommending approval of the purchase of a residential rental dwelling located at 2010 Kniest Street as part of the acquisition program asso- ciated with the Bee Branch Creek Restoration Project. Upon motion the docu- ments were received and er mits to sell cigarettes and lic cigarette papers within the on City to Road Ranger #159, is #160 and #161; Resolution nd No. 453-07 Granting the issuance of three renewal on permits to sell cigarettes ty and cigarette papers with- ng in the City to A & B Tap, of Aragon Tap, Cedar Cross he Amoco, and Cue Master s' Billiards; Resolution No. f- 454-07 Granting the issu- 7 ance of a Class "B" Beer 9. Permit (Special 5-Day Li- u- cense) to Carlos O'Kelly's; d, and Class "C' Beer Permit to Kwik Stop Food, Phillips - 66/Arby's, Road Ranger y #159, Road Ranger #160, g and Road Ranger #161; e and Resolution No. 455-07 al Granting the issuance of a 9 Class "C" Beer/Liquor Li- f cense to Fat Tuesdays, m Lucky 13 Tap, Angle's Bar, e National Mississippi River n Museum, and Chances R; e and a Class "B" (WBN) Na- d tive Wine to Diamond Jo n (Portside) and Kwik Stop e Food Mart were adopted. e ITEMS TO BESET FOR PUBLIC HEARING - Motion by Michalski to receive and file the docu- ments, set the public hear- ings as indicated, and di- rect the City Clerk to pub- lish notice as prescribed by law. Seconded by Lynch. Motion carried 7-0. University of Dubuque Residential Parking Permit District: City Manager rec- ommending that a public hearing be set for Septem- ber 17, 2007, to consider a request from the University of Dubuque for proposed changes to parking on City streets in and around the University of Dubuque campus. Upon motion the documents were received and filed and Resolution No. 456-07 Setting a pub- lic hearing on amending Residential Parking Permit District A to exclude Mc- Cormick Street, from Grace Street to Bennett Street, and Bennett Street, from McCormick Street to Algona Street was adopt- ed setting a public hearing for a meeting to com- mence at 6:30 p.m. on September 17, 2007, at thge Historic Federal Build- BOARDS/COMMISSIONS Applications were re- viewed for the following Boards/Commissions. Civ- ic Center Commission: Three 3-year expired terms through June 29, 2010 - Terms of Bakke, Brannon, Nauman. Applicant: Rod Bakke. Appointments to the fol- lowing Boards/Commis- sions: Civil Service Com- mission (Mayor's Appoint- ment). One 4-year vacant STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Wendy Miller, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: September 12, 2007, and for which the charge is $Z 15.28. Subscribed to before me, a N ry Public in and for Dubuque County, Iowa, this ~'f,~ day of , 20 ~. Notary Public in and County, Iowa. ~.~'A +. a`~R.~' K, Yv'ESTE~-iP.;EYER ^omn,issicr. N,;mter 95da85 -' n-.- k'$ Comm. Ezc FEB. i, 2008 1 r e and esolutio~ Rio. I term through April 6, 2008 Invocation was provided 447-07 Approving the ac- -Term of Wertzberger. Ap by Reverend Dwayne quisition of real estate lo- plicants: John Stevens Thoman, Nativity Church. cated at 2010 Kniest Paula Gieseman. Mayo PROCLAMATIONS Street in the City of Dubu- Buol appointed Paul: Dubuque Regional Drag- que was adopted. Gieseman to a 4-year va on Boat Festival (Septem- Eagle Point Plant Clear cant term through April 6 ber 8 and 9, 2007) was ac- Well Rehabilitation Project: 2008, with City Counci cepted by Doug City Manager recommend- concurrence. McCallum, 9442 Noonan ing award of the public im- Zoning Advisory Com Street; National Assisted provement contract for the mission: One 3-year va Living Week (September 9 Eagle Point Plant Clear cant term through July 1 - 15, 2007). Well Rehabilitation Project 2009 -Term of Bichell. Ap PRESENTATION to Tricon General Con- plicant: Charles Miller. Mo The Community Partner struction Group in the lion by Michalski to ap in Education Award was amount of $751,180.00. point Charles Miller to a 3- presented to the City by Upon motion the docu- year vacant term througf Dubuque Community ments were received and July 1, 2009. Seconded by Schools Superintendent filed and Resolution No. Lynch. Motion carried 7-0. John Burgart. 448-07 Awarding public PUBLIC HEARINGS CONSENT ITEMS improvement contract for Upon motion the rules Motion by Cline to re- the Eagle Point Water were suspended allowing ceive and file the docu- Plant Clear Well Reservoir anyone to address the City ments and dispose of as Rehabilitation Project was Council. indicated. Seconded by adopted. Raven Oaks -Request to Braig. Motion carried 7-0. Plastic Center, Inc. / Vacate: Proof of publica- Minutes and Reports Sam's Club Project: City lion on notice of hearing to Submitted: City Council of Manager recommending consider a request from 8/20 and 8/22; Proof of acceptance of the Quit Kluck Construction to va- publication of City Council Claim Deed from Plastic cafe a portion of Raven Proceedings of August 6, Center, Inc. for additional Oaks Drive abutting Lot 4 2007 and List of Claims public right-of-way along of Raven Oaks No. 2 and and Summary of Revenues Asbury Road for the east' City Manager recommend- for month ended July 31, lane widening project. ing approval. Motion by 2007; Library Board of Upon motion the docu- Connors to receive and file Trustees Update from ments were received and the documents and adopt meeting of June 27, 2007. filed and Resolution No. Resolution No. 457-07 Ap- Upon motion the docu- 449-07 Accepting the proving plat of proposed ments were received and deed to certain real estate vacated portion of Raven filed. in Dubuque County, Iowa Oaks Drive; Resolution No. Notice of Claims/Suits: from Plastic Center, Inc., 458-07 Vacating Lot 4A of Ryan and Brenda Duve for d/b/a The Fischer Compa- Raven Oaks No. 2 in the property damage; Teri Hies was adopted. City of Dubuque, Dubuque Noel for property damage. Terminal Street Pumping County, Iowa; and Resolu- Upon motion the docu- Station Electrical Upgrade lion No. 459-07 Disposing ments were received and - Requesf for Proposals: of City interest in Lot 4A of filed and referred to the City Manager recommend- Raven Oaks No. 2 in the City Attorney. ing approval of the issu- City of Dubuque, Dubuque City Attorney advising once of a Request for Pro- County, Iowa. Seconded that the following claim posals (RFP) for the Termi- by Cline. Motion carried 7-0. has been referred to Public Hal Street Pumping Station Vacation and Sale of Un- Entity Risk Services of lo- Electrical Upgrade project. developed Alley: Proof of wa, the agent for the Iowa Upon motion the docu- publication on notice of Communities Assurance ments were received, filed, hearing to consider the va- Pool: Ryan Duve for prop- and approved. cation and sale of an un- erty damage. 2007 Justice Assistance developed alley near the City Attorney recom- Grant (JAG): City Manager old Dubuque Meat Pack- mending that the claim of recommending approval ing Plant to SB Develop- Teri Noel for property and acceptance of the ment, LLC and City Man- damage be referred to 2007 Edward Byrne Me- ager recommending ap- Tricor Insurance and Fi- morial Justice Assistance proval. Motion by Cline to nancial Services, insurer Grant (JAG) in the amount receive and file the docu- for Fred Jackson of $53,747 to provide ments and withdraw from Tuckpointing. funds for overtime for ille- consideration. Seconded Upon motion the docu- gal drug investigations and by Connors. Motion Gar- ments were received, filed special enforcement teams ried 7-0. and concurred. and authorize the signing Town Clock Renovation Five Flags Commission: of the award document. Project: Proof of publica- Communications from Upon motion the docu- lion on notice of hearing to Mark Nauman and Mike ments were received, filed, consider approval of the Brannon submitting their and approved. plans and specifications, resignations from the Five Flora Park Horseshoe form of contract, and esti- Flags Civic Center Com- Courts: City Manager ad- mated cost for the Town mission. Upon motion the vising that the Flora Park Clock Renovation Project documents were received horseshoe courts have re- and City Manager recom- and filed and resignations ceived the Horseshoe mending approval. Motion accepted. Court Sanction Certificate by Lynch to receive and John F. Kennedy Road from the National Horse- file the documents and Sidewalks: Communica- shoe Pitchers Association adopt Resolution No. 460- tions from Marion Martin of America which will allow 07 Approving plans and Pliner, 2690 Marywood sanctioned leagues and specifications, form of Drive, and Sheri and Pat tournaments. Upon motion contract and estimated Clancy, 2691 Marywood the documents were re- cost for the Town Clock Drive, in opposition to the ceived, filed, and ap- Renovation Project. Se- installation of sidewalks on proved. conded by Jones. Motion John F. Kennedy Road. East Central Intergovern- carried 7-0. Michalski confirmed tha she had signed the lette despite a newspaper mis print. Jones commendec the family's reasonable anc compassionate response Motion carried 7-0. 409 Burch Street: Com munication from Joseph J Bitter requesting that the hearing regarding the property located at 40£ Burch Street be continuec for at least two weeks. City Manager recom- mending that the Mayol and City Council set a date for a hearing to determine whether 409 Burch Street is a public nuisance ac- cording to Chapters 23 and 26 of the Dubuque Code of Ordinances. Motion by Cline to re- ceive and file the docu- ments and schedule a hearing fora meeting to commence at 6:30 p.m. on October 8, 2007, at tfte Historic Federal Building. Seconded by Connors. Motion carried 7-0. Downtown Rehabilitation Loan and Fagade Grant - Interstate Building, LLLP: City Manager recommend- ing approval of a Letter of Commitment for the Downtown Rehabilitation Loan and Fagade Grant for Interstate Building, LLLP to support their rehabilita- tion of the former Inter- state Power Company Building. Motion by Cline to receive and file the documents and adopt Resolution No. 461-07 Au- thorizing aLetter of Com- mitment and additional ac- tions concerning a Down- town Rehabilitation Loan and Fagade Grant for the former Interstate Power Company building. Seconded by Connors. Motion carried 7-0. Downtown Rehabilitation Loan and Fagade Grant - Butt's Florist: City Manag- er recommending approval of a Letter of Commitment for the Downtown Rehabil- itation Loan and Fagade Grant for Butt's Florist, Inc. to support their rehabilita- tion of property located at 233-241 Main Street. Mo- tion by Connors to receive and file the documents and adopt Resolution No. 462-07 Authorizing a Let- ter of Commitment and additional actions con- ~erning a Downtown Re- ~abilitation Loan and =a~ade Grant for the 3utt's Florist building. Seconded by Cline. Mo- :ion carried 7-0. Memorandum of Under- atanding -Miller Develop- ment Group: City Manager ecommending approval of ~ Memorandum of Under- >tandina between the City Street. Seconded by Lynch. Michalski said that these are three great proj- ects. Braig said that the City's commitment to downtown Dubuque is very exciting. Motion car- ried 7-0. Offer to Purchase - Du- buque Initiatives: City Manager recommending approval to purchase ap- proximately 1.8 acres in the Dubuque Industrial Center from Dubuque Ini- tiatives to provide a site for a West-end Fire Station. Motion by Cline to receive and file the documents and adopt Resolution No. 464-07 Approving an Offer to Buy real estate for real estate located in the Du- buque Industrial Center in the City of Dubuque. Seconded by Connors. Michalski said that the City Council members of Dubu- que Initiatives were not in- volved in the negotiations. Motion carried 7-0. Loras College -Request to Purchase: Communica- tion, dated August 8, 2007, from James E. Collins, President of Loras College, requesting to purchase the portion of Cox Street lo- cated between Loras Bou- levard and 17th Street. Communication, dated August 28, 2007, from James E. Collins, Presi- dent of Loras College, re- garding the purchase of a portion of Cox Street and requesting that the issue be referred to the City Manager. Communication from Margaret Breese, 711 West 17th Street, in oppo- sition to the requested purchase of Cox Street by Loras College. Motion by Jones to re- ' ceive and file the docu- ments and deny the re- quest. Seconded by Connors. Jones said that he had heard from a num- ber of residents who be- lieve the City should not be selling a public street that people need. Connors suggested working out a solution with the college. She could not support the request; and if Loras Col- ege needed to close the street, they should submit a Special Events permit. Michalski said a public street should not be turned wer to a private entity. She cited the same issue Nith Clarke College re- tarding acut-de-sac that Nos voted down unani- mously. Braig questioned f she can vote because the works at Loras Col- ege. City Attorney Lindahl laid yes she could. She al- lo said that of the two let- era raraivari frnm I r,r~~ ried 5-2 with Buol and Braig voting nay. Green Communities Ini- tiative: City Manager pro- viding an update on estab- lishing Dubuque as a Green Community and re- questing City Council ap- proval. Assistant City Man- ager Steinhauser provided a presentation. Motion by Cline to receive and file the documents and approve the recommendation. Se- conded by Lynch. Braig asked if a citizen wants to be on the committee, can they contact Assistant City Manager Steinhauser or would it be up to City Council. She said that the neighborhood associations have good representatives and the committee will get good citizen input from them throughout the proc- ess. Cline said neighbor- hood associations are good for the community and anyone wanting an as- sociation in their area should contact Neighbor- hood Development Spe- cialist Jerelyn O'Connor. Buol said citizens will be heard. Motion carried 7-0. Iowa League of Cities Conference Budget: City Manager recommending that the budget for the City to host the Iowa League of Cities Conference be in- creased from the existing $10,000 allocation, up to $14,845. Motion by Michalski to receive and file the documents and ap- prove. Seconded by Braig. Motion carried 7-0. COUNCIL MEMBER REPORTS Connors said that local school and city elections will be taking place in the next two months remind- ing everyone to attend fo- rums and get involved. There being no further business, upon motion the meeting adjourned at 7:51 p. m. /s/ Jeanne F. Schneider, CMC, City Clerk 1t 9/12 _-