11 5 07 Clerk's Skeleton NotesCITY COUNCIL REGULAR SESSION, NOVEMBER 5, 2007
COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL
BUILDING
1
PRES NT: MAYOR UOL, COUNCIL MEMBERS CRAIG, C~INE, CO1VNORS, JONES,
LYN~i, MICF~-LSKI
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CITY MANAGER VAN MtLLIGEN; CITY ATTORNEY L~INDAHL
ABSENT:
PLEDGE OF ALLEGIANCE
INVOCATION: Kenneth Daughters, President, Emmaus Bible College'
PROCLAMATIONS
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Hospice of Dubuque Month (November, 2007) ~~%~~~`'` ~~ ~~'G`''a'~~ ~ ~
Philanthropy Day (November 15, 2007)
Dubuque National Family Week (November, 2007)
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Allison Evans Day (November 5, 2007) ,,,;1~~~~~"~~~~1~~'~'G,
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CONSENT ITEMS
• Ayes Nays
// Braig
Buol
/ (line
`, l Connors
/ Jones
j ~~ynch
/ Michalski
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
Investment Oversight Advisory Commission submitting the 58t" Quarterly Report
Suggested Disposition: Receive and File
• 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 ~roperty damage; Qwest/CMR Claims for property damage
at 986 West 5t", 996 West 5 ", 896 West 5t", 999 West 5t" and 995 West 5t"; 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 ~,
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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; #hat 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.
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
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
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
Ayes Nays
Braig
Buol
Cline
Connors
Jones
Lynch
Michalski
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5. GSS, Inc.
Communication from GSS, Inc., advising that U.S. Cellular Corp. (USCG) 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
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
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
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
Ayes Nays
Braig
Buol
Cline
Connors
Jones
Lynch
Michalski
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.
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RESOLUTION Accepting improvements in Emerald Acres No. 1 and 2
Suggested Disposition: Receive and File; Adopt Resolution
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
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
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.
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
Ayes Nays
Braig
Buol
Cline
Connors
Jones
Lynch
Michalski
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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
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
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
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
Ayes Nays
Braig
Buol
Cline
Connors
Jones
Lynch
Michalski
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• 17. Economic Develo ment Administration Grant
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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 ,5~~ Approving an application for funding assistance from
the Economic Development Administration
Suggested Disposition: Receive and File; Adopt Resolution
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
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 J~ ~ Acce tin im rovement
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RESOLUTION J ~ ~ Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolution
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
Ayes Nays
Braig
Buol
Cline
Connors
Jones
Lynch
Michalski
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21. Quarterly Investment Report
City Manager submitting the Quarterly Investment Report for the period ending
September 30, 2007.
Suggested Disposition: Receive and File
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 J~ Accepting Floodwall Pumping Station Improvement
Project and authorizing payment
Suggested Disposition: Receive and File; Adopt Resolution
23. Planning Excellence Award ~;
Communication from the Iowa Chapter of the American Planning Association advisin ~ ~
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. ~'
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Suggested Disposition: Receive and File ,-~,~ ! .~o /~- ~ ~-
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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
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
26. Vehicle Maintenance Activity Replacement Truck
City Manager recommending approval to replace Public Works Department Vehicle
#3301, a '/2 ton 4-wheel drive service truck.
Suggested Disposition: Receive and File; Approve ~
27. Vehicle Maintenance Activity Software Purchase -U~
City Manager recommending approval to replace software for the Public Works n~I~V '~"~
Department's Vehicle Maintenance Activity. F/~°~~I ~-
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Suggested Disposition: Receive and File; Approve ,
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Ayes Nays
Braig
/ Buol
/ Cline
/,)Connors
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Jones
Lynch
/Michalski
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28. Downtown Area Parkin Needs Assessment Stud
g Y
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
29. Business Licenses
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION J~~ 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 J~~ 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
Ayes Nays
Braig
Buol
Cline
Connors
Jones
Lynch
Michalski
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• ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
Ayes Nays
Braig
~ Buol
/ line
onnors
~ Jones
j Lynch
Michalski
1. Residential Parking Permit District -November 19, 2007
2. Quigley Lane -Vacating Petition -November 19, 2007
3. Brunswick Street and Adjacent Alley -Vacating Petition -November 19, 2007
4. Development Agreement - Medline Industries, Inc. -November 19, 2007
i 5. Five Flags HVAC and Promenade Roof Replacement Project -November 19, 2007
6. Greater Downtown Urban Renewal District -December 17, 2007
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
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.
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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
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
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
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.
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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
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RESOLUTION `~ ~ J~~~ Ordering bids for the Five Flags HVAC and
Promenade Roof Replacement Project
Suggested Disposition. Receive and File, Adopt Resolutions, Public Hearing
11 /19/07
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
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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
~y Nays
Braig
/ - Buol
f Cline
j Connors
/ Jones
/ -. Lynch
~f~ Michalski
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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
brought to the November 5th City Council meeting.
RESOLUTION ~'~ ~.31~ Directing sale of $1,055,000 General Obligation Bon s,
Series 2007A ~ ~ i 1
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Suggested Disposition: Receive and File; Adopt Resolution ~-~ ~'
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2. General Obligation Refunding Bonds -Series 20076
City Manager advising that the sale of General Obligation Refunding Bonds will be held
on Monday, November 5, 2007 and the results will be brought to the November 5th City
Council meeting.
RESOLUTION ~~~~ ~~ Directing sale General Obligation Refunding Bonds,
Series 20076
Suggested Disposition: Receive and File; Adopt Resolution
AYes Nays
~~ Braig
Buol
~ ;aline
~ _ Connors
/ Jones
j Lynch
~ ~~Michalski
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• 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 ~:~-s'~-~ y`Approving an application to the Corporation for National ~~
and Community Service for AmeriCorps program funding ~/~'
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Suggested Disposition: Receive and File; Approve ,~ ~ L, ~' ,.
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Aye Nays ~~. y ' `,
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Michalski
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. /~'
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Suggested Disposition: Receive and File; Approve ~~ '~
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A e Nays ,, ~ ~,
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5. Legislative Priorities
City Manager submitting the City's Legislative Priorities for the 2008 Legislative Session
Suggested Disposition: Receive and File; Approve
Ayes Nays
,/ Braig
,i Buol
Cline
onnors
.i ones
_
~ Lynch
~ Michalski
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.
Motion to adjourn at ~ ~ ~~
Ayes Nays
/ Braig
/ Buol
~ /,. Cline
~- onnors
Jones
Lynch
Michalski
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