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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 • CITY MANAGER VAN MtLLIGEN; CITY ATTORNEY L~INDAHL ABSENT: PLEDGE OF ALLEGIANCE INVOCATION: Kenneth Daughters, President, Emmaus Bible College' PROCLAMATIONS ~~~ ~, ,~~, ~ , _ ~ ~~~ ~ Hospice of Dubuque Month (November, 2007) ~~%~~~`'` ~~ ~~'G`''a'~~ ~ ~ Philanthropy Day (November 15, 2007) Dubuque National Family Week (November, 2007) ~ ~( 1~ ~ ~~~ 1%,~ ~~ ~ . ~~ Allison Evans Day (November 5, 2007) ,,,;1~~~~~"~~~~1~~'~'G, 1. ~, (1~~ ~~ ~~~ ,. ,, • 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 ~, ~"~ ~~ ~~J ,~~ ~~~ o ~~ ~ ;~~ ~~ ~,> 2 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 • 3 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. ._._.~/~ . Q i 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 5 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 6 • 17. Economic Develo ment Administration Grant p 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 p 9 p 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 7 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. ~' ~ ~~~ ~~ Suggested Disposition: Receive and File ,-~,~ ! .~o /~- ~ ~- \ ~~ ~ ~. A es Na s ~ ?~'~ Braig y ~~) ~r~~ ~ Buol ~~ ~ ~~ ~ Cline ~ ~~~~~ / '~ Connors //' ~~/~ / ~ Jones .// ' q,~ Lynch ! ~,~ /, ~~ f Michalski • 8 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 ~- ~~ ~ Suggested Disposition: Receive and File; Approve , ~~~ Ayes Nays Braig / Buol / Cline /,)Connors ~ (.j Jones Lynch /Michalski • ~. ~ ~ ~ ' ~f. ~ ~ ,~~ ~~~ ~~ ,~~ ~ ~~ ~, _~x ~ f. !~ . ~?,, ~~ /; ~~ v ~,^ ~/ 9 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 • 10 • 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. 11 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. l 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 12 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 • • 13 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 • • 14 l~~ t~'/ . 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 ~: l._ Suggested Disposition: Receive and File; Adopt Resolution ~-~ ~' / ~ N ~. 1 ~.~ ~ ~ ~-' ~. ~ ~ Ayes Nays ~,~ -/ ~ ~ l~ fit. ~ j ~ ~/ Braig ~ ~ ~°~. ',G % Buol ~ ~ p~~~ ~~ ~. ~~~r.. ,~~+, / -Connors ~~ ~. t ~ ~~ ~ ~~' Jones ;,~ ~~' /,~/' Lynch J ~~ ~ Michalski 9 ft`~~ ~~, ~,~,~`' `t,~ 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 15 • 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 ~/~' ~" ~ Suggested Disposition: Receive and File; Approve ,~ ~ L, ~' ,. ~~/`' ~ ti Aye Nays ~~. y ' `, Brag ~ ~ v ~: ~ uol It /~~/ ~~,) ,~~,~! ,~ line /i~ /~~ ~` ~, onnors ~ ~, t ~ - Jones ~ ~~ / Lynch 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. /~' .~ ~~ Suggested Disposition: Receive and File; Approve ~~ '~ ~~~ A e Nays ,, ~ ~, L s ~ ~ l/j8raig ,'~- 1~- l ~ ~~ r' ~r ~~` ~ ;_ Buol ~ ~~ ~~~ /Cline ~ r- ~-' ;- l' ~ / Connors / ~/~` ~/~ ,~~ JI ` ~ ~ / Jones ~(~`~ ,~ ~~ ~; rl: ) , Lynch ~ /~ ~ ~~ / / Michalski ~ .~ .~ ~ ~ '~ ,~ ~ %~ ~ ~ ~ ~ ~ ~~ ~~ ~~ ~~ ,~ 16 \ / ~.~ ~~~ ~~~~ `~ ~f ~~, ~~ ,~ ~ ~~ 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 i 17