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10 01 07 Clerk's Skeleton NotesCITY COUNCIL REGULAR SESSION, OCTOBER 1, 2007 COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL • BUILDING PRESE T: MAYOR B OL, COUNCIL MEMBERS B~+fAIG, CI,c~NE, CODtNORS, JO~ES, LYNC~MICH~SKI CITY MANAGER VAN,MILLIGEN; CITY ATTORNEY/LINDAHL ABSENT: PLEDGE OF ALLEGIANCE INVOCATION: Captain Tom Mason, Salvation Army PROCLAMATIONS: ~ ~ Dubuque Weatherization Challenge Day (October 6, 20 ) ~~ ~~~`~ Breast of Friends Walk-A-Thon (October 7, 2007) ~~~~~ ~~,~.~~~~~ ~ f Week Without Violence (October 14 - 21, 2007) ,~ ~?~~.-~~ White Cane Day (October 15, Make a Will Month (October 2007) Arts and Humanities Month (October 2007) Community Appreciation Day (October 1, `` ~,~i-~ ~r ~~ ~~~ ,~ . Trick or Treat Night (October 31, 2007) ~~ • ~~~ ~ .~ ~ ,~ CONSENT ITEMS ,~ Ayes Nays ~ f ~j ichalski 1 raig Buol ~!~ ~~Connors ~ /r f / Jones / Lynch 1. 2. Minutes and Reports Submitted City Council of 9/17 and 9/19; Civil Service Commission of 8/8 and 9/11; Electrical Code Board of 9/24; Housing Commission of 8/28; Human Rights Commission of 8/13; Park and Recreation Commission of 9/11; Zoning Board of Adjustment of 8/23 Library Board of Trustees Update from the Meeting of August 23, 2007 Proof of publication of City Council Proceedings of September 4, 2007 Suggested Disposition: Receive and File Notice of Claims/Suits Cheryl J. Hayes for personal injury; Nationwide Advantage Mortgage Company vs. Laura L. Schumacher, Steven J. Schumacher, and the City of Dubuque Housing and Community Development Department; Janaan and Mary Redmond for property damage; Tom A. Hoffman for vehicle damage Suggested Disposition: Receive and File; Refer to City Attorney City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Thomas J. Becker for property damage; Cheryl J. Hayes for personal injury; Janaan Redmond for property damage Suggested Disposition: Receive and File; Concur 2 3. Water Revenue Capital Loan Notes City Manager recommending approval of the final actions necessary for the issuance of $1,037,000 Water Revenue Capital Loan Notes. RESOLUTION G/C~l~ Approving and authorizing a form of loan and disbursement agreement by and between the City of Dubuque Iowa Finance Authority, Iowa Department of Natural Resources and Wells Fargo Bank, N.A., and authorizing and providing for the issuance and securing the payment of $1,037,000 Water Revenue Capital Loan Notes, Series 2007, of the City of Dubuque, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said notes Suggested Disposition: Receive and File; Adopt Resolution 4. Civil Service Commission Civil Service Commission submitting the certified lists for the positions of Equipment Operator I and Public Safety Dispatcher. Suggested Disposition: Receive and File; Make a Matter of Record 5. Asbury Road Eastbound Lane Widening Project City Manager recommending acceptance of the Asbury Road Eastbound Lane Widening Project as completed by Horsfield Construction, Inc., in the final contract amount of $208,337.38. RESOLUTION `~~~ Acce tin the Asbu R p g ry oad Eastbound Lane Widening Project and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution 6. Federal Building Sidewalk Replacement Project City Manager recommending approval of a contract with Portzen Construction, Inc. in the amount of $81,877.50 for the Federal Building Sidewalk Replacement Project. Suggested Disposition: Receive and File; Approve Ayes Nays Michalski Braig Buol Cline Connors Jones Lynch • 3 • 7. Iowa Clean Air Attainment Program (ICAAP) Grant Application City Manager recommending approval to submit an application to the Iowa Department of Transportation (Iowa DOT) for Iowa Clean Air Attainment Program (ICAAP) funding for the City of Dubuque US 151/61 at US 52 and US 151/61 at Maquoketa Drive Traffic Signalization Project. RESOLUTION ~~~v~ Authorizing the filing of an application with the Iowa Department of Transportation for Iowa Clean Air Attainment Program (ICAA) funding of City of Dubuque US Highway 151/61 at US 52 and US Highway 151/61 at Maquoketa Drive traffic signalization improvement project Suggested Disposition: Receive and File; Adopt Resolution 8. Consultant Selection -North Fork Catfish Creek City Manager recommending approval to negotiate and enter into a contract with IIW Engineers & Surveyors, PC for the design of the North Fork Catfish Creek Sanitary and Stormwater Drainage Improvements Project. Suggested Disposition: Receive and File; Approve 9. Bell Street Widening -Purchase of Right-of-Way City Manager recommending approval of the acquisition plat and acceptance of the proposed right-of-way dedication and sidewalk and sprinkler system easement as part of the Bell Street Widening Project. RESOLUTION ~1J Approving the acquisition plat of Lot 1A of Adams Company's 1St Addition and Lot 3A of Adams Company's 2"d Addition in the City of Dubuque, Dubuque County, Iowa, and accepting the dedication of right-of-way for Bell Street Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Michalski Braig Buol Cline Connors Jones Lynch • 4 10. Coffin ham and Butler -Amended Develo ment A reement g p g City Manager recommending approval of the Amended and Restated Development Agreement for Cottingham & Butler, Inc. to support their rehabilitation of the Security Building at 800 Main Street. RESOLUTION ~~`~" Approving an Amended and Restated Development Agreement for Cottingham and Butler's Security Building Project Suggested Disposition: Receive and File; Adopt Resolution 11. Town Clock Renovation Project City Manager recommending that the two bids received for the Town Clock Renovation Project be rejected and the project rebid at a later date. RESOLUTION ~f ~J'~ Rejecting the contract bid proposals for the Town Clock Renovation Project Suggested Disposition: Receive and File; Adopt Resolution 12. Housing Trust Fund Application City Manager recommending approval of an application to be submitted to the Iowa Finance Authority for a Local Housing Trust Fund Grant of $200,000 in support of the Washington Neighborhood: Revitalize! strategy. Suggested Disposition: Receive and File; Approve 13. 655 Gillespie Street City Manager recommending approval of establishing the fair market value of property located at 655 Gillespie Street at $151,000. RESOLUTION _ owned by Gary A ~~~ Establishing the Fair Market Value of real property Anderson located at 655 Gillespie Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution ~/~ e Nays Michalski / Braig uol line Connors / Jones Lynch ~t ,~~ ~~1~' ~, ~~~ ! ,' ~~ . ~~ 9, ,~ 1 ,~ ~ ~~ G_ ~ ~~ ~~ .' 5 • 14. Dubuque Board of Realtors Communication from Terry Duggan, President of the Dubuque Board of Realtors, regarding bluff land zoning. Suggested Disposition: Receive and File 15. Police Department Five Year Plan City Manager submitting the Police Department's five year plan to create an additional 13 sworn police officer positions to the department beginning in Fiscal Year 2008. Suggested Disposition: Receive and File 16. Business Licenses • City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION ~~ % Granting the issuance of a Class "C" Beer Permit to 5- Point Mart and Eagle Country Market RESOLUTION y~~ Granting the issuance of a Class "C" Beer/Liquor License to Grand River Center and Bandana's Bar-B-Q; Class "C" Beer/Liquor License (5-Day Special Event) to Loras College (October 11 and 18, 2007); class "B" Wine ~-~ Permit to Eagle Country Market; and Class "B" (WBN) Native Wine Permit to Solon Langworthy House / Suggested Disposition: Receive and File; Adopt Resolutions jV, ~~ ~~~~~h / ~j~~~ A it ~~ ~fJ ,r/r .,,~4' ~/. ~~ `~, ~ ~~ yes Nays Michalski ~: ~~raig / BUOI ~, Cline / Connors Jones j /y~ Lynch 6 ITEMS TO BE SET FOR PUBLIC HEARING Aye Nays ,/ Michalski / ~ ~raig Buol /; Cline Connors j~) Jones Lynch General Obligation Refunding Bonds City Manager recommending that a public hearing be set for October 15, 2007 to consider the issuance of not to exceed $3,585,000 General Obligation Refunding Bonds. RESOLUTION ~~~ Fixing date for a meeting on the proposition of the issuance of not to exceed $3,585,000 General Obligation Refunding Bonds (for an Essential Corporate Purpose) of Dubuque, Iowa, and providing for publication of notice • thereof Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 10/15/07 2. General Obligation Bonds City Manager recommending that a public hearing be set for October 15, 2007 to consider the issuance of not to exceed $1,200,000 General Obligation Bonds to support the Asbury Plaza Lift Station and Force Main Project. RESOLUTION J~~ Fixing date for a meeting on the proposition of the issuance of not to exceed $1,200,000 General Obligation Bonds (for an Essential Corporate Purpose) of Dubuque, Iowa, and providing for publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 10/15/07 7 BOARDS/COMMISSIONS Applicants are invited to address the City Council regarding their desire to serve on the following Boards/Commissions; applicant appointments will be made at the next City Council meeting. Building Code Board of Appeals: One 3-year at-large expired term through August 8, 2008 -Term of Gudenkauf Applicant: Ronald .Jahns • • 8 PUBLIC HEARINGS SUSPEND THE RULES Ayes Nays / Michalski ~ ~ Braig Buol / ~ line ~ r Connors / Jones Lynch ~", ~, 1`~ 1. Robert Hartig /Medical Associates Clinic (Tabled from September 17, 2007) Proof of publication on notice of public hearing to consider a request from Robert Hartig / Medical Associates Clinic to amend the Medical Associates Clinic Planned Unit Development (PUD) District to redesignate existing greenway buffer for business uses and Zoning Advisory Commission recommending denial. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adopting a revised Planned Unit Development Ordinance for the Medical Associates West Campus Planned Unit Development District and by repealing Ordinances 24-94, 32-96 and 35-99 Suggested Disposition: Receive and File; Remove fro Denial; or Motion B; Motion A (Super Majority Vote) ~y Nays ~~ Michalski Braig ~/~' Buol ~ ~j, n Cline m Table; Concur with J v ~~':J t~ ~~ ~ ,'` ~ ,~f .~ ~ r~~. -~ .~ ,~. j ~!~ Connors l Jones Lynch ,~ • ~~ ~' r `~~ ~ ~ l r. ~, 9 Ayes Nays Michalski Braig Buol Cline Connors Jones Lynch Ayes Nays Michalski Braig Buol Cline Connors Jones Lynch • • 10 S 2. Individual Historic Designation - 40-42 Main (Tabled from August 20, 2007) Proof of publication on notice of public hearing to consider approval of the Individual Historic Designation of 40-42 Main Street and City Manager recommending approval. ORDINANCE Amending Chapter 25 (Historic Preservation) of the City of Dubuque Code o Ordinances by adding Section 25-6.14(2) Establishing an Individually Designated Historic Property Suggested Disposition: Receive and File; Motion B; Motion A I ~~ .~,~ Aye Nays ~ ~~' Michalski ~~~ ~' J Braig uol line Connors /~ Jones Lynch . Ayes Nays Michalski Braig Buol Cline Connors Jones Lynch • 11 •_ ~ . ~J Proof of publication on notice of public hearing to consider the vacation and sale of an undeveloped alley near the old Dubuque Meat Packing Plant to SB Development, LLC and City Manager recommending approval. Vacation and Sale of Undeveloped Alley RESOLUTION ~~~~ Vacating an alley RESOLUTION J~~ Disposing of City interest in Lot 378A of East Dubuque No. 2 in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays y Michalski / Braig / Buol ~~Cline / Connors Jones ,',Lynch • 4. • United States Postal Service Proof of publication on notice of public hearing to consider a lease agreement with the United States Postal Service for space at the Historic Federal Building and City Manager recommending approval. RESOLUTION ~o~ Disposing of interest in real property owned by the City of Dubuque by lease agreement between the City of Dubuque and the United States Postal Service Suggested Disposition: Receive and File; Adopt Resolution t ~, ~ Ayes. Nays ~ ~ ~ ~ Michalski a ~ ,~~ ,~ Braig f lR~ ~~~` i `!~~ / Buol ~~` ~~',~ '~ ~ ,~ /.Cline f~ ~ ~ ~`~ ~~ ~ onnors r ~, ~ J 1 ~~ ~ nes ~; ~,~ ~~ ~ Lynch J~ ~ ,; ~' ~~ ~~ ~.~ ~~ I ~~ ,~ ,r~ ~i ~V~~. 1 ,~ 12 ~~ 1`_~ !~ /~ ,~'~~' . n '" ~~~/ ~ ~~ w 5. Fiscal Year 2008 Budget Amendment Proof of publication on notice of public hearing to consider the first amendment to the Fiscal Year 2008 Operating Budget and City Manager recommending approval. RESOLUTION ~~ `~ Adopting Amendment No. 1 to the Fiscal Year 2008 Budget for the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution A~es Nays Michalski / / Braig uol line onnors Jones /~ Lynch REINSTATE THE RULES • Ayes Nays Michalski / Braig Buol Cline Connors Jones ~~~Lynch • 13 ACTION ITEMS 1. Tara Winger Request of Tara Winger to address the City Council regarding food. Suggested Disposition: Receive and File Ayes Nays ,/ Michalski j Braig Buol ~~ (~ Cline Connors Jones / Lynch • • 14 .~J ~' 2. Arts and Cultural Affairs Advisory Commission Arts and Cultural Affairs Advisory Commission submitting the October 2007 State of the Arts report. Suggested Disposition: Receive and File Ayes Nays Michalski Braig / Buol Cline ~ . ~onnors ~ Jones Lynch 3. 175th Anniversary Celebration Coordination Committee City Manager recommending approval of a $25,000 grant program designed to encourage the community-wide development of special projects, contests, displays/exhibits, and events throughout 2008 to commemorate Dubuque's 175th anniversary. Suggested Disposition: Receive and File; Approve Ay s Nays ,~~Michalski ~ Braig Buol /~~line ~'~ Connors Jones Lynch • 15 4. Silver Dollar Cantina - Communit Develo ment Block Gran L y p t oan City Manager recommending approval of a $100,000 Community Development Block Grant Economic Development Loan Program forgivable loan to assist in the establishment of the Silver Dollar Cantina Restaurant in the German Bank Building at 342 Main. RESOLUTION J~~~ Authorizing a Commitment Letter and the execution of a Community Development Block Grant Loan of One Hundred Thousand Dollars ($100,000) to MM&H Corporation Suggested Disposition: Receive and File; Adopt Resolution • Aces Nays / Michalski ~ (~Braig / ~ - Buol / ~>Cline ~ Connors Jones Lynch 5. Genuine Genius Solutions -Urban Development Action Grant (UDAG) City Manager recommending approval to substitute the use of an Urban Development Action Grant (UDAG) loan rather than the Community Development Block Grant loan for the Genuine Genius Solutions, LLC project. Suggested Disposition: Receive and File; Approve Ayes Nays ./ Michalski ~ Braig Buol ~/ / line ~ onnors .Jones Lynch • 16 6. Amended and Restated Port of Dubuque Public Parking Facility Development Agreement City Manager recommending approval of an Amended and Restated Port of Dubuque Public Parking Facility Development Agreement between the City of Dubuque and Diamond Jo, LLC. ~~ RESOLUTION Approving an Amended and Restated Port of Dubuque Public Parking Facility Development Agreement between the City of Dubuque and Diamond Jo, LLC. Suggested Disposition: Receive and File; Adopt Resolution Ay Nays Michalski - Braig % Buol ~ r ~ Cline ~ J Connors .~ Jones Lynch • 17 •~ Diamond Jo, LLC -Minimum Assessment Agreement City Manager recommending approval of the Minimum Assessment Agreement, Guaranty and Escrow Agreement between the City of Dubuque and Diamond Jo, LLC pursuant to the Amended and Restated Development Agreement for the Port of Dubuque Public Parking Facility. RESOLUTION ~~~ Approving the Minimum Assessment Agreement, Guaranty and Escrow Agreement pursuant to the Development Agreement for the Port of Dubuque Public Parking Facility between the City of Dubuque and Diamond Jo, LLC, and authorizing execution of the same A e Nays ~~ ~)Michalski ~ Braig ~Buol cline j Connors / Jones Lynch •a • providing for the securing of such bonds for the purpose of carrying out an Urban „P j' Renewal Project in the area of the City of Dubuque, Iowa designated as the Greater / Downtown Urban Renewal District Urban Renewal Tax Increment Revenue Bonds, Taxable Series 2007 City Manager recommending adoption of a resolution approving the issuance of Urban Renewal Tax Increment Revenue Bonds, Taxable Series 2007 for construction of the Port of Dubuque Public Parking Facility. y~~i RESOLUTION Authorizing and providing for the issuance of Urban Renewal Tax Increment Revenue Bonds, Taxable Series 2007, of the City of Dubuque, Iowa and Suggested Disposition: Receive and File; Adopt Resolutions Ayes Nays ,/ Michalski ,,% Braig ,j uol j line j Connors / Jones j Lynch „~' . f ~/ ./ ~;, ~~.}/ ~~, ;/ ,~/" '' /' 18 9. Awarding Construction Contract for the Port of Dubuque Public Parking Facility Project City Manager recommending approval of the Third Agreement between the City of Dubuque and Kraemer Brothers, LLC and award of the public improvement contract for the Port of Dubuque Public Parking Facility Project to Kraemer Brothers, LLC. RESOLUTION ~~ ~ Approving the Third Agreement between the City of Dubuque, Iowa and Kraemer Brothers, LLC extending the bid for the construction of the Port of Dubuque Public Parking Facility RESOLUTION y~~ Awarding Public Improvement Contract for the Port of Dubuque Public Parking Facility Project Suggested Disposition: Receive and File; Adopt Resolution • Ayes Nays j Michalski Braig ~~ Buol line onnors r Jones Lynch 19 n° Vq , ~~r ~~" ~~ r n~,n V/ ~~ f~ G~ r ~ ,~ ~~ ~; ~ ~~~~~~ ~.~~~ ~~ ,~ ~ ~~ ~~ ~ ~~ ~~~ ~~ w -J ~~J r t?: / ~ 1 ~~ 3~ r~,i ~' j ~ i ~ ~~ ~a ,~~ ~ ~ ~~ ~ ~~~ ~~ li ~4. ~ ~~~ ~ Xl~ r~ ~ ~~ ,~~~ ~` _ ~) ~~ ~~ ~ ~.~ r ~~ ,' ~~ Y ~~ ~ ~, c~ 10. Comprehensive Plan Update City Manager requesting that the Mayor and City Council select a date for a work session to discuss the Comprehensive Plan update. Communication from the Long Range Planning Advisory Commission recommending that the City Council not accept the City Attorney's suggested changes. Suggested Disposition: Receive and File; Council J (~ ~~ ~~ Ay Nays ~ t~ Michalski ~~ l- ~ Braig ~~ ~ ~ ~ ~- J % line , /~ ~ ~~/' ' onnors ~ ~~~ .% Jones ,, p~~ ~ L nch l~' Y ~ /J COUNCIL MEMBER REPORTS - N ~:Y ,, p~ l~ • PUBLIC INPUT At this time, anyone in the Council Chambers may address the Council on matters which are of concern to that person and which are not an agenda item. Please take your place at the microphone and state your name and address clearly. Proceed with your comments; however, ~„~ no formal action may be taken at this time on your comments because of the notice requirements of the Iowa Open Meetings Law. ~~J~ r~ Motion to adjourn at ~ ~ ~ ~~ r/ ~ ~ ,, ~~ .~ Ayes Nays ~~ % ' p~ ; ~~ 1 ~ ~ r~ ,/ Michalski ~~~ ~~" ~, ~ i ~. ~ ' L ~ Braig ~ ~ ~~ ~"~ , ~ ~ ~~ r ~~ ~lF ~ Buol ~,~ .J~-- ~ ~ ,/i line ~. ~ 1 ~ 1, ~~ ,;, ~, ~ ~ ~i~ ,/r ~~ ~' ,~ .~ onnors Jones (Lynch Zo ~~ ,~yr j ', J'~j~?i°i ~1~ ~~'~ ~~1 ~\ ~.~ ~ ^, ~ ~ ~ 4. ,~ ,~ \ ~ ~ ~ .~ ~~~, ~ ~ ., ,~ ~ ~ ~ ~ ~~ ~_ ~ ~, `C ~' r ~ ~ ~ \~ ~ ~ ,~ ~~ ~ ~~~ t ~ ~~ ~, ~ .~ ,~ ~ ~~ `, ~ ~j ~ ~~ 3 ~ ~ ~ ~~ ~.. a '' : ~ ~ ':` ~~ ,~ ~ J ~~~ ~ ~ ,~ ~. 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