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11 5 07 City Council Agenda - Icons ROLL CALL ORDER FOR MEETING OF 11/5/07 BRAIG BUOL CLINE CONNORS JONES LYNCH MICHALSKI CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. HISTORIC FEDERAL BUILDING MONDAY, NOVEMBER 5, 2007 PLEDGE OF ALLEGIANCE INVOCATION Kenneth Daughters, President, Emmaus Bible College PROCLAMATIONS Philanthropy Day (November 15, 2007) Hospice of Dubuque Month (November, 2007) Dubuque National Family Week (November, 2007) Allison Evans Day (November 5, 2007) Philanthropy DayHospice of Dubuque National Family WeekAllison Evans Day Month CONSENT ITEMS The consent agenda items are considered to be routine and non-controversial and all consent items will be normally voted upon in a single motion without any separate discussion on a particular item. If you would like to discuss one of the Consent Items, please go to the microphone and be recognized by the Mayor and state the item you would like removed from the Consent Agenda for separate discussion and consideration. 1. 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 Oversight Advisory Commission of 10/24; Library Board of Trustee’s of 6/15, 6/28, 7/26, 8/9, 8/23 and 9/14; Park and Recreation Commission of 10/16 Proof 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 Suggested Disposition: Receive and File ACAAC of 9/4ACAAC of 9/25City CouncilCivil ServiceIOACLibrary Bd of 6/15 Library Bd of 6/28Library Bd of 7/26Library Bd of 8/9Library Bd of 8/23Library Bd of 9/14Park and Rec 58th Quarterly Report 2. 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 damage; Ethel and Bill Schneider for property damage; Qwest/CMR Claims for property damage ththththth at 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 Dubuque for personal injuries; Michael Burds and the Association of Professional Firefighters, Local 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 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: James Newman for property damage; Ethel and Bill Schneider for property damage; Richard L. Wright for vehicle damage. 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; that the claims of Qwest for property damage be referred to Horsfield Construction, Inc.; and that the claim of Holiday Inn Dubuque be referred to Portzen Construction. 2 City Attorney recommending settlement of the claim of Terry Mozena for vehicle damage and directing the Finance Department to issue payment. Suggested Disposition: Receive and File; Concur Claims - ICAPClaims - ReferredClaim - Settled 3. 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. Suggested Disposition: Receive and File; Refer to City Manager Kapp LtrBlomberg Ltr 4. Civil Service Commission Civil Service Commission submitting the certified lists for the positions of Water Pollution Control Plant Operator, Landfill Foreman, Water Plant Operator, Police Lieutenant, Police Corporal, Fire Equipment Operator, Fire Lieutenant, Fire Captain, Medical Officer, EMS Supervisor, Assistant Fire Marshal and Assistant Fire Chief. Suggested Disposition: Receive and File; Make a Matter of Record WPCP Operator LtrLandfill Foreman LtrWater Plant Police Lt LtrPolice Corporal LtrFEO Ltr Operator Ltr Fire Lieutenant LtrFire Captain LtrMedical Officer LtrEMS Supervisor LtrAsst Fire Marshal LtrAsst Fire Chief Ltr 5. 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. Suggested Disposition: Receive and File 3 GSS Ltr 6. 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. Suggested Disposition: Receive and File Corken Ltr 7. 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. RESOLUTION Accepting the deed to certain real estate in Dubuque County, Iowa from Plastic Center, Inc. Suggested Disposition: Receive and File; Adopt Resolution Purchase - MVM Purchase - Staff Purchase - Warranty Deed MemoMemoResolution 8. 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 economic development project. RESOLUTION Approving amendment to the Fiscal Year 2007 (Program Year 2006) Annual Action Plan for Community Development Block Grant funds Suggested Disposition: Receive and File; Adopt Resolution CDBG - MVM MemoCDBG - Staff MemoCDBG - Resolution 4 9. Emerald Acres No. 1 and 2 City Manager recommending acceptance of public improvements that the developer, T- Corp, has completed in Emerald Acres No. 1 and No. 2, which includes the sanitary sewer along Heritage Trail from Peru Road north to the subdivision. RESOLUTION Accepting improvements in Emerald Acres No. 1 and 2 Suggested Disposition: Receive and File; Adopt Resolution Emerald Acres - MVM Emerald Acres - Staff Emerald Acres - Emerald Acres - Emerald Acres - MemoReportResolutionVicinity MapT-Corp Ltr 10. Iowa Finance Authority Communication from the Iowa Finance Authority advising that an Affordable Housing Tax Credit Application has been submitted for a project at St. Mary’s Apartments. Suggested Disposition: Receive and File IA Finance Authority Ltr 11. UDAG – Genuine Genius Solutions, LLC City Manager recommending approval of a $40,000 Urban Development Action Grant (UDAG) loan agreement with Genuine Genius Solutions, LLC. RESOLUTION Approving a UDAG Loan of Forty Thousand Dollars ($40,000) to Genuine Genius Solutions, LLC Suggested Disposition: Receive and File; Adopt Resolution UDAG - MVM MemoUDAG - Staff MemoUDAG - ResolutionUDAG Loan UDAG Loan - Exhibit UDAG Loan - Exhibit AgreementAB UDAG Loan - Exhibit UDAG Loan - Exhibit UDAG Loan - Exhibit CDE 12. Medline Industries – CEBA Application City Manager recommending approval of a resolution 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. 5 RESOLUTION Authorizing the filing of a Community Economic Betterment Account (CEBA) application on behalf of Medline Industries, Inc. Suggested Disposition: Receive and File; Adopt Resolution CEBA - MVM MemoCEBA - Staff MemoCEBA - ResolutionCEBA Application 13. 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. Suggested Disposition: Receive and File; Approve ROW - MVM MemoROW - Staff MemoDICW Lots - MapROW - Offer to ROW - Agreement Purchase 14. McFadden 2001 Agreement City Manager recommending approval to provide the McFadden 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 extension project. Suggested Disposition: Receive and File; Approve 2001 Agr - MVM 2001 Agr - Staff MemoMemo 15. Dubuque Industrial Center West – North Siegert Farm City Manager recommending approval 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. Suggested Disposition: Receive and File; Approve DICW - MVM MemoDICW - Staff MemoDICW - Proposal Comparisons 6 16. 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 redevelopment. RESOLUTION Authorizing Amendment #3 to a Development Agreement with Hwy 151/61 Development, LLC Suggested Disposition: Receive and File; Approve Hwy 151/61 - MVM Hwy 151/61 - Staff Hwy 151/61- Hwy 151/61 - MemoMemoResolutionAmendment #3 17. 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. RESOLUTION Approving an application for funding assistance from the Economic Development Administration Suggested Disposition: Receive and File; Adopt Resolution EDA Grant - MVM EDA Grant - Staff EDA Grant - EDA Grant MemoMemoResolutionApplication 18. 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. Suggested Disposition: Receive and File; Approve Hillcrest - MVM MemoHillcrest - Staff MemoHillcrest - Agreement 19. 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. RESOLUTION Accepting improvement RESOLUTION Approving final estimate 7 Suggested Disposition: Receive and File; Adopt Resolution Carpet - MVM MemoCarpet - Staff MemoCarpet - Resolutions 20. 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. RESOLUTION Naming Depositories Suggested Disposition: Receive and File; Adopt Resolution Institutions - MVM Institutions - Staff Institutions - MemoMemoResolution 21. Quarterly Investment Report City Manager submitting the Quarterly Investment Report for the period ending September 30, 2007. Suggested Disposition: Receive and File Report - MVM MemoReport - Staff MemoEarnings SummaryInvestment SummarySchedule of CD'sSchedule of City Funds 22. Floodwall Pumping Station Improvement Projects City Manager recommending acceptance of the construction contract for the Floodwall Pumping Station Improvement Projects, as completed by Kluck Construction, in the final contract amount of $465,730.81. RESOLUTION Accepting Floodwall Pumping Station Improvement Project and authorizing payment Suggested Disposition: Receive and File; Adopt Resolution Floodwall - MVM Floodwall - Staff Floodwall - MemoMemoResolution 8 23. Planning Excellence Award Communication from the Iowa Chapter of the American Planning 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. Suggested Disposition: Receive and File Iowa APA Award 24. 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. Suggested Disposition: Receive and File Iowa League of Cities Ltr 25. 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. Suggested Disposition: Receive and File NICC Press Release 26. Vehicle Maintenance Activity Replacement Truck City Manager recommending approval to replace Public Works Department Vehicle #3301, a ½ ton 4-wheel drive service truck. Suggested Disposition: Receive and File; Approve Truck - MVM MemoTruck - Staff Memo 9 27. Vehicle Maintenance Activity Software Purchase City Manager recommending approval to replace software for the Public Works Department’s Vehicle Maintenance Activity. Suggested Disposition: Receive and File; Approve Software - MVM Software - Staff MemoMemo 28. 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. Suggested Disposition: Receive and File; Approve Study - MVM MemoStudy - Staff MemoParking Study Contract 29. Business Licenses City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION Granting the issuance of one permit to sell cigarettes and cigarette papers in the City of Dubuque RESOLUTION Granting the issuance of a Class “C” Beer Permit to Plaza 20/BP Amoco, Kwik Stop Food Mart, and Target Store RESOLUTION 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 Suggested Disposition: Receive and File; Adopt Resolutions Renewals - MVM Renewal - Staff Resolution #1Resolution #2Resolution #3 MemoMemo 10 ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. 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 excluding from it that section of Grace Street from McCormick Street to a point 270 feet east of McCormick Street. 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 Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 11/19/07 RPPD - MVM MemoRPPD - Staff MemoRPPD - ResolutionRPPD - Vicinity MapRPPD - UD Ltr 2. 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. 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 Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 11/19/07 Quigley - MVM MemoQuigley - Staff MemoQuigley - ResolutionQuigley - Vicinity MapQuigley - Clemens Ltr 3. 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 alley west of Balke Street south of Lawther Street. 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 Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 11/19/07 11 Brunswick - MVM Brunswick - Staff Brunswick - Brunswick - Map/PlatBrunswick - Thome MemoMemoResolutionLtr 4. 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 Development Agreement. RESOLUTION 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 Development Agreement relating thereto with Medline Industries, Inc., and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 11/19/07 Medline - MVM MemoMedline - Staff MemoMedline - ResolutionMedline Dev Agr 5. 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 Replacement Project and that a public hearing be set for November 19, 2007 to consider approval of the plans and specifications. RESOLUTION Preliminary approval of plans, specifications, form of contract, and estimated cost for the Five Flags HVAC and Promenade Roof Replacement Project RESOLUTION Setting date of public hearing on plans, specifications, form of contract, and estimated cost for the Five Flags HVAC and Promenade Roof Replacement Project RESOLUTION Ordering bids for the Five Flags HVAC and Promenade Roof Replacement Project Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 11/19/07 Five Flags - MVM Five Flags - Staff Five Flags - MemoMemoResolutions 12 6. Greater Downtown Urban Renewal District City Manager recommending that a public hearing 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 property along South Main Street. 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 Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 12/17/07 Downtown UR - MVM Downtown UR - Staff Downtown UR - Downtown UR - Map MemoMemoResolution BOARDS/COMMISSIONS Appointments to the following Commission: Housing Advisory Trust Fund One 3-year at-large term through August 8, 2010 – Term of Walsh Applicant: John Walsh Bd and Comm ListOverview SheetHsg Trust Fd Application ACTION ITEMS These are items where discussion is held by the City Council – public comments are not allowed except as authorized by the Mayor. 1. General Obligation Bonds – Series 2007A City Manager advising that the sale of General Obligation Bonds to support sanitary sewer projects will be held on Monday, November 5, 2007 and the results will be th brought to the November 5 City Council meeting. RESOLUTION Directing sale of $1,055,000 General Obligation Bonds, Series 2007A Suggested Disposition: Receive and File; Adopt Resolution Series 2007A - MVM Bonds - Noth LtrSeries 2007A - MemoResolution 13 2. General Obligation Refunding Bonds – Series 2007B City Manager advising that the sale of General Obligation Refunding Bonds will be held th on Monday, November 5, 2007 and the results will be brought to the November 5 City Council meeting. RESOLUTION Directing sale General Obligation Refunding Bonds, Series 2007B Suggested Disposition: Receive and File; Adopt Resolution Series 2007B - MVM Bonds - Noth LtrSeries 2007B - MemoResolution 3. 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. RESOLUTION Approving an application to the Corporation for National and Community Service for AmeriCorps program funding Suggested Disposition: Receive and File; Approve AmeriCorps - MVM AmeriCorps - Staff Americorp - MemoMemoResolution 4. Dubuque as a Sustainable Community City Manager recommending approval of the selection of Down to Earth Solutions to provide consulting services for various activities promoting sustainable community projects as part of the City’s “green” initiative. Suggested Disposition: Receive and File; Approve Sustainable - MVM Sustainable - Staff Down to Earth MemoMemoSolutions Proposal 5. Legislative Priorities City Manager submitting the City’s Legislative Priorities for the 2008 Legislative Session Suggested Disposition: Receive and File; Approve Legislative - MVM 2008 Legislative MemoIssues 14 COUNCIL MEMBER REPORTS 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. Jeanne F. Schneider November 1, 2007 15