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1 3 07 Council Minutes Official COUNCIL PROCEEDINGS OFFICIAL City Council Regular Session, January 3, 2007 Council met at 6:30 PM in the Public Library Auditorium Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen, City Attorney Lindahl. Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the Council. Invocation was given by Reverend Joseph O’Brien, Archdiocese of Dubuque Proclamation: Martin Luther King, Jr. Days (January 14 and 15, 2007) received by Nicole Kuhlmann CONSENT ITEMS Minutes and Reports Submitted: City Council of 12/18 and 12/19; Library Board of Trustees of 11/16; Park and Recreation Commission of 12/12; Transit Board of 12/15, presented and read. Cline moved that the minutes be received and filed. Seconded by Lynch. Motion carried 7-0. Library Board of Trustees Update from December 16, 2006 Meeting, presented and read. Cline moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. Proof of publication of City Council Proceedings of December 4, 2006, presented and read. Cline moved that the proof be received and filed. Seconded by Lynch. Motion carried 7-0. Notice of Claims/Suits: Thomas Schaefer for property damage; Keith R. Wieland for property damage, presented and read. Cline moved that the communication be received and filed and referred to the City Attorney. Seconded by Lynch. Motion carried 7-0. 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: Troy Lampers for vehicle damage; Kathryn Rupp for vehicle damage; Keith Weiland for property damage, presented and read. Cline moved that the communications be received and filed and concurred. Seconded by Lynch. Motion carried 7-0. Purchase of Property: City Attorney recommending acceptance of the deed for property recently purchased by the City from Greg and Peggy Stover, presented and read. Cline moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 1-07 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM GREGORY JON STOVER AND PEGGY E. STOVER Whereas, the City of Dubuque entered into an Agreement with Gregory Jon Stover and Peggy E. Stover for the purchase of the following described real property in Dubuque County, Iowa: The Easterly 115 feet of Lot 760, Lot 760A, and Lot 776B, all in McDaniel’s Subdivision of Town Lots in the City of Dubuque, Iowa, according to the recorded plat thereof, subject to easements of record; And Whereas, the terms of the Agreement have now been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque hereby accepts the Deed from Gregory Jon Stover and Peggy E. Stover, attached hereto; and Section 2. The City Clerk is hereby authorized and directed to record this Resolution and the Deed with the Dubuque County Recorder. rd Passed, approved and adopted this 3 day of January. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of Resolution. Seconded by Lynch. Motion carried 7-0. Horizon Development Group, LLC – Certificate of Completion: City Manager recommending approval of the issuance of a Certificate of Completion for Horizon Development Group, LLC (Cartegraph Building) in the Dubuque Technology Park, presented and read. Cline moved that the communication be received and filed and approve recommendation. Seconded by Lynch. Motion carried 7-0. McLeodUSA Network Services, Inc.: City Manager recommending approval of the issuance of a Certificate of Completion for McLeodUSA Network Services, Inc. in the Dubuque Technology Park, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Lynch. Motion carried 7-0. Subordination Agreement for Jorja J. Moore: City Manager recommending approval of a subordination agreement to hold a secondary position with the Downtown Rehabilitation Loan on a mortgage on property located at 890 Iowa Street owned by Jorja Moore with Dupaco Credit Union, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Lynch. Motion carried 7-0. KeyLine Transit Trustee Board: Communication from Michael Sand submitting his resignation from the KeyLine Transit Trustee Board, effective immediately, presented and read. Cline moved that the communication be received and filed and the resignation accepted. Seconded by Lynch. Motion carried 7-0. Purchase of Property – 1924 Kniest Street: City Manager recommending approval of the purchase of a residential dwelling located at 1924 Kniest Street as a part of the acquisition program associated with the Bee Branch Creek Restoration Project, presented and read. Cline moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. 2 RESOLUTION NO. 2-07 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 1924 KNIEST STREET, IN THE CITY OF DUBUQUE WHEREAS, the City of Dubuque intends to acquire certain properties located in the area of the Bee Branch Creek Restoration Project for storm water mitigation activities as recommended in the 2001 HDR “Drainage Basin Master Plan;” and WHEREAS, a purchase agreement has been finalized with the owner of the ninth property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: Lot 2 of the Subdivision of “A-1 Industrial Block” in the City of Dubuque, Iowa , according to the recorded Plats thereof. Subject to easements of record. At the cost of Fifty-eight thousand dollars ($58,000). Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 3rd day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Cline moved adoption of Resolution. Seconded by Lynch. Motion carried 7-0. Purchase of Property – 2227 Elm Street: City Manager recommending approval of the purchase of a residential dwelling located at 2227 Elm Street as a part of the acquisition program associated with the Bee Branch Creek Restoration Project, presented and read. Cline moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 3-07 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 2227 ELM STREET, IN THE CITY OF DUBUQUE WHEREAS, the City of Dubuque intends to acquire certain properties located in the area of the Bee Branch Creek Restoration Project for storm water mitigation activities as recommended in the 2001 HDR “Drainage Basin Master Plan;” and WHEREAS, a purchase agreement has been finalized with the owner of the tenth property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: Lot 2 of the South one-half of Lot 1 of Lot 3 of Lot 102 in L.H. Langworthy’s Addition, in the City of Dubuque, Iowa, subject to easements of record, according to the Plat thereof in Book of Plats #30, page 388, records of Dubuque County, Iowa, at the cost of Seventy-five thousand eight hundred dollars ($75,800). 3 Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and she is hereby authorized a and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 3rd day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Cline moved the adoption of Resolution. Seconded by Lynch. Motion carried 7-0. Purchase of Property – 2263 Prince Street: City Manager recommending approval of the purchase of a residential dwelling located at 2263 Prince Street as a part of the acquisition program associated with the Bee Branch Creek Restoration Project, presented and read. Cline moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 4-07 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 2263 PRINCE STREET, IN THE CITY OF DUBUQUE WHEREAS, the City of Dubuque intends to acquire certain properties located in the area of the Bee Branch Creek Restoration Project for storm water mitigation activities as recommended in the 2001 HDR “Drainage Basin Master Plan;” and WHEREAS, a purchase agreement has been finalized with the owner of the eleventh property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: The South ½ of Lot 54 in Sanford Subdivision, City of Dubuque, Iowa, according to the recorded plat thereof. At the cost of Thirty-two thousand dollars ($32,000). Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 3rd day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Cline moved adoption of Resolution. Seconded by Lynch. Motion carried 7-0. A.Y. McDonald Park, Phase II Project: City Manager recommending acceptance of the A.Y. McDonald Park, Phase II Project as completed by Portzen Construction in the final contract amount of $861,760.59, presented and read. Cline moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0 4 RESOLUTION NO. 5-07 ACCEPTING IMPROVEMENT WHEREAS, the contract for the A.Y. McDonald Park Development, Phase II Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. That the recommendation of the City Manager be approved and that said improvement be hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to General Fund the contractor from the in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 3rd day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of Resolution. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 6-07 FINAL ESTIMATE WHEREAS, the contract for the A.Y. McDonald Park Development, Phase II Project has been completed and the Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $861,760.59, and General Fund the said amount shall be paid from the of the City of Dubuque, Iowa. Passed, approved and adopted this 3rd day of January, 2 007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of Resolution. Seconded by Lynch. Motion carried 7-0. Substance Abuse Services Center: Communication from Diane K. Thomas, Executive Director – Substance Abuse Services Center, requesting City of Dubuque financial support for Fiscal Year 2007, presented and read. Cline moved that the communication be received and filed and referred to the City Manager. Seconded by Lynch. Motion carried 7-0. Iowa Independent Automobile Dealers Association: Communication from the Iowa Independent Automobile Dealers Association providing information on the issue of “curbstoning” and the problem it causes for both new and used car dealers, presented and read. Michalski moved that the communication be received and filed and referred to City Manager. Seconded by Connors. Motion carried 7-0. Iowa Department of Transportation: Communication from the Iowa Department of Transportation advising that IDOT proposes to let a PCC (Portland Cement Concrete) patching project located on Iowa 32 (Northwest Arterial) from the junction with US 20 northeasterly to 5 the junction with JFK Road, presented and read. Cline moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. U.S. Department of Housing and Urban Development: Communication from the U.S. Department of Housing and Urban Development advising that the City of Dubuque has exceeded the production goals in all areas of the Lead Hazard Control Grant Program, presented and read. Michalski moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Citizens need to know how well the City has done with health and housing. Heller Family Realty Company, LLC – Certificate of Completion: City Manager recommending approval of the issuance of a Certificate of Completion for Heller Family Realty Company, LLC (Tri-States Industries) in the Dubuque Industrial Center West, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Lynch. Motion carried 7-0. Mines of Spain State Recreation Area: Communication from Wayne Buchholtz, Park Ranger for the Mines of Spain State Recreation Area, requesting support for the renaming of Mar Jo Quarry Road to Mines of Spain Road, presented and read. Cline moved that communication be received and filed and referred to City Manager. Seconded by Lynch. Motion carried 7-0. Signed Contracts: - City Hall First Floor Restroom Renovations – Change Order #1, presented and read. Cline moved that the contracts be received and filed. Seconded by Lynch. Motion carried 7-0. Improvement Contracts / Performance, Payment and Maintenance Bonds: -- Port of Dubuque Storm Sewer Extension – Phase V Project, presented and read. Cline moved that the contracts be received and filed. Seconded by Lynch. Motion carried 7-0. Business Licenses: City Manager recommending approval of annual liquor license renewals as submitted, presented and read. Cline moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 7-07 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License: CLASS “B” LIQUOR LICENSE: WCB Hotels, Inc., Hoffman House/3100 Club+(Sunday/Outdoor Sale), 3100 Dodge. CLASS “C” BEER/LIQUOR LICENSE: Breezers Pub Company Breezers Pub+(Sunday Sale), 600 Central. CLASS “B” WINE: Dubuque Religious Center Inc., Dubuque Religious Center, 923 Main. rd Passed, approved and adopted this 3 day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of Resolution. Seconded by Lynch. Motion carried 7-0. 6 ITEMS TO BE SET FOR PUBLIC HEARING Reeder and Lois Street Sanitary Sewer Project: City Manager recommending initiation of the public bidding process for the Reeder and Lois Street Sanitary Sewer Project and that a public hearing be set for February 5, 2007. Lynch moved to adopt Resolution No. 8-07 Preliminary approval of plans and Specifications, Resolution No. 9-07 Fixing date of hearing on plans and specifications at a meeting to commence at 6:30 PM on 2/5/07 in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law, and Resolution No. 10-07 Ordering bids. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 8-07 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Reeder and Lois Street Sanitary Sewer Project, in the estimated amount of $55,094.15 are hereby approved and ordered filed in the office of the City Clerk for public inspection. rd Passed, adopted and approved this 3 day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Lynch moved adoption of Resolution. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 9-07 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Reeder Street and Lois Street Storm Sewer and Sanitary Sewer Reconstruction Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: th That a public hearing will be held on the 5 day of February, 2007, at 6:30 PM in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. rd Passed, adopted and approved this 3 day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Lynch moved adoption of Resolution. Seconded by Braig. Motion carried 7-0. 7 RESOLUTION NO. 10-07 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Reeder and Lois Street Sanitary Sewer Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty- th five days prior to the receipt of said bids at 2:00 PM on the 25 day of January, 2007. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for th final action at 6:30 PM on the 5 day of February, 2007. rd Passed, adopted and approved this 3 day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Lynch moved adoption of Resolution. Seconded by Braig. Motion carried 7-0. PUBLIC HEARINGS Michalski moved that the rules be suspended to allow anyone present to address the Council. Seconded by Braig. Motion carried 7-0. Request to Vacate – Unnamed Street between 640 and 650 Kane Street: Proof of publication on notice of hearing to consider a request from Tim Schmit II to vacate and purchase an unnamed street between 640 and 650 Kane Street and City Manager recommending approval, presented and read. Cline moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 11-07 RESOLUTION APPROVING PLAT OF PROPOSED VACATED UNNAMED STREET BETWEEN 640 AND 650 KANE STREET Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 20th day of November, 2006, prepared by Buesing & Associates, Inc., describing the proposed vacated unnamed street between 640 and 650 Kane Street; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated the 20th day of November, 2006, prepared by Buesing & Associates, Inc., relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. rd Passed, approved and adopted this 3 day of January, 2007. 8 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of Resolution. Seconded by Braig. Motion carried 7-0 RESOLUTION NO. 12-07 RESOLUTION VACATING AN UNNAMED STREET BETWEEN 640 AND 650 KANE STREET Whereas, Tim Schmit II, has requested the vacating of an unnamed street between 640 and 650 Kane Street; and Whereas, Buesing & Associates, Inc., has prepared and submitted to the City Council a plat showing the vacated unnamed street between 640 and 650 Kane Street and assigned lots number thereto, which hereinafter shall be known and described as Lots 4A, 4B, and 4C of Kieffer Place in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this an unnamed street between 640 and 650 Kane Street is no longer required for public use and vacating of said an unnamed street between 640 and 650 Kane Street, known as Lots 4A, 4B, and 4C of Kieffer Place in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lots 4A, 4B, and 4C of Kieffer Place in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby vacated. rd Passed, approved and adopted this 3 day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of Resolution. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 13-07 RESOLUTION DISPOSING OF CITY INTEREST IN LOTS 4A, 4B, AND 4C OF KIEFFER PLACE IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, nd Iowa on this 22 day of December, 2006, the City Council of the City of Dubuque, Iowa met on rd the 3 day of January, 2007, at 6:30 PM in the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lots 4A, 4B, and 4C of Kieffer Place in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 4A of Kieffer Place in the City of Dubuque, Dubuque County, Iowa, to Irene H. Schueller be and the same is hereby approved for the sum of $300, plus surveying, platting, publication and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. That the sale of City of Dubuque real property described as Lot 4B of Kieffer Place in the City of Dubuque, Dubuque County, Iowa, to Timothy J. Schmit, II aka Timothy J. Schmit, Jr. be and the same is hereby approved for the sum of $300, plus surveying, platting, publication and filing fees. Conveyance shall be by Quit Claim Deed. 9 Section 3. That the sale of City of Dubuque real property described as Lot 4C of Kieffer Place in the City of Dubuque, Dubuque County, Iowa, to Roger H. Lindecker be and the same is hereby approved for the sum of $300, plus surveying, platting, publication and filing fees. Conveyance shall be by Quit Claim Deed. Section 4. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Irene H. Schueller, Timothy J. Schmit, II aka Timothy J. Schmit, Jr., and Roger H. Lindecker, upon receipt of the purchase price in full. Section 5. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. rd Passed, approved and adopted this 3 day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of Resolution. Seconded by Braig. Motion carried 7-0. Correction Quit Claim Deed: Proof of publication on notice of hearing to consider approval of the Correction Quit Claim Deed for Lot 22 of “Glenview” a Subdivision in the City of Dubuque and disposal of the property with the corrected legal description, presented and read. Connors moved that the communication be received and filed. Seconded by Jones Motion carried 7-0. RESOLUTION NO. 14-07 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 22 OF “GLENVIEW” A SUBDIVISION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, nd Iowa on this 22 day of November, 2006, the City Council of the City of Dubuque, Iowa met on rd the 3 day of January, 2007, at 6:30 PM in the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 22 of “Glenview” a Subdivision in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate, except for easement as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 22 of “Glenview” a Subdivision in the City of Dubuque, Dubuque County, Iowa, to John C. and Margaret A. Hendry be and the same is hereby approved. Conveyance shall be by Correction Quit Claim Deed. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, television cable, fiber optics, and electric lines as may be authorized by the City of Dubuque, Iowa. Section 3. That the Mayor be authorized and directed to execute a Correction Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to John C. and Margaret A. Hendry. 10 Section 4. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. rd Passed, approved and adopted this 3 day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Connors moved adoption of Resolution. Seconded by Jones. Motion carried 7-0. Michalski moved that the rules be reinstated limiting discussion to the Council. Seconded by Lynch. Motion carried 7-0. ACTION ITEMS City Council Appointments: Communication from M. Thomas Stovall, Executive Director of Operation: New View Community Action Agency, requesting that the City make appointments to the Board of Directors at the first meeting in January 2007, upon motion received and filed. Connors moved that Jones and Braig be reappointed to the Operation: New View Board and City Manager Michael Van Milligen stated his designee would be Janet Walker, of the Housing and Community Development Department. Seconded by Cline. Motion carried 7-0. Communication from the Dubuque Racing Association Board of Directors requesting appointment of representatives to the DRA Board of Directors for 2007 (currently Mayor Roy D. Buol, Council Members Kevin Lynch and Ric Jones, and City Manager Michael C. Van Milligen), upon motion received and filed. Michalski moved that the current delegates to the Dubuque Racing Association (DRA) Board of Directors remain the same – Mayor Buol, Council Members Lynch and Jones and City Manager Van Milligen. Seconded by Connors. Motion carried 7-0. Mayor and City Council appointments to various Boards and Commissions, upon motion appointments remained the same. COUNCIL MEMBER REPORTS Michalski shared that she represented City Council at the Kwick Stop party for service members. Jones shared that he would like to welcome the Special Olympics next week. At 6:54 PM Jones moved to go into closed session re: Pending Litigation and Property Acquisition – Chapter 21.5(1)(c)(j) 2005 Code of Iowa. Seconded by Braig. Motion carried 7-0. At 7:38 Council reconvened Regular session and stated that staff had been given proper direction. There being no further business, upon motion meeting adjourned at 7:39 PM /s/ Jeanne F. Schneider, CMC City Clerk 11