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Proof of Publication 01_03_07IQlN COUNCIL ~ . L. CRy Coulfdl Ses- Cr~ X6:30 P.M. in the Public Library Auditori- um Present: Mayor Bud, Couricti Members` Brelg, Clirgf, Connote, Jonsa, L M)Ctadski, City Attomeyr Undeht~ ~ Mayor ~ rears the call end stated this is a regular session of the City Council called for the pu-pose of discussing such matters which r~Y WoPe-IY coat -~8 InvocaHoft'-wore gNron by Reverend Joseph O'&ien, Proderrletiori:~"fiAartfn Lu- ther King, Jr. Days (Janu- ary 14 and 15, 2007) re- ceived by Nicole Kuhlmann Minutes Arid Reports Submitted: City Council of 12/18 and 12/19; Library Board of Trustees of 11/18; Park and Recrea- tion t,dtxr~on of 12/12; Transit Board of 12/15, upon rtlotion received and flied ~1Lpibr~ary Board of Tnmteee ~9tMtp up~ort Proof of publoaYon of Cfty December 42006~uPon motion received artd filed. Notice of Clairtis/Suits: Thomas Scheefer;~[ Wfelandpropsrty dam- age, upon motion received and filed and referred to City Attorney ~ f~aale bear-Akd~ to Pub. ,~~. w8 Cornrrtunitlss Assur- ance Pod: Troy Lampere for vehicle derrlage; Kattxyn Rupp for vllhide Keridt ~pf0onc flbd and cortCUrred. Purcetase of Property: City.Attorney recommend- Ing acceptance of tits deed fat property recently by ttre City end Pe99Y Stover, u~port motion re- ceived and fikrd. Cline moved adoption of Reao- krtiort No. i 07 Acceptlng the deed to cattalo reel es- tate in Dubuque County. Iowa from Gregory Jon Stover, ~ P ed by Lyrtdt: Motbr-_oarrisd 7-0. Otoep" LLC ' Certificate of cafe of Completion for Ho- LLC (CCU Btu ) in the Dulitptre Technolo- gy Park, tit rrtdion re- ceived ar-d fllld _ and ~- ~McleodUSA NetwcxkNetwork Services. Inc.: City Npl~arrtov~a-I oort ti,e`~ Ira "nce a Certifi- cate. of Completion lot McLeodUSA Network Servkxs, Ina in the .Dubu- que Te~ndpgy Park, upon mopttn received enii fled and approved recom- Street as a part of the ac quisition program associ sled with the Bee Branct Creek Restoration Project upon motion received anc filed. Cline moved adop~ lion of Resolution No. 2-Oi Approving the acquisitior of real estate located a' 1924 Kniest Street in the City of Dubuque Seconded by Lynch. Mo- tion carried 7-0. Purchase of Property - 2227 Elm Street: City Man- ager recommending ap- proval of the purchase of a residential dwelling located at 2227 Elm Street as a part of the acquisition pro- gram associated with the Bee Branch Creek Resto- ration Project, upon mo- tion received and filed. Cline moved adoption of Resolution No. 3-07 Ap- proving the acquisition of real estate located at 2227 Elm Street in the City of Dubuque. Seconded by Lynch. Motion carried 7-0. Purchase of Property - 2263 Prince Street: City Manager recommending approval of the purchase of a residential dwelling lo- cated at 2263 Prince Street as a part of the ac- quisition program associ- ated with the Bee Branch Creek Restoration Project, upon motion received and filed. Cline moved adop- tion of Resolution No. 4-07 Approving the acquisition of .real estate located at 2263 Prince Street in the City of Dubuque. Seconded by Lynch. Mo- tion carried 7-0. A.Y. McDonald Park, Phase II Project: City Man- ager recommending ac- ceptance of the A.Y. McDonald Park, Phase II '~ Project as completed by Portzen Construction in the final contract amount of $861,760.59, upon mo- tion received and filed. Cline moved adoption of Resolution No. 5-07 Ac- cepting improvement and Resolution No. 6-07 Ap- proving final contract. Seconded by Lynch. Mo- tion carried 7-0. Substance Abuse Serv- ices Center: Communica- tion from Diane K. Tho- mas, Executive Director - Substance t4buse Services Center, requesting City of Dubuque financial support for Fiscal Year 2007, upon motion received and filed and refereed to City Man- ager. Iowa Independent Auto- mobile Dealers Associa- tion: Communication from the Iowa Independent Au- tomobile Dealers Associa- tion providing information on the issue of curbstoning" and the problem it causes for both new and used car dealers, upon motion received and filed and referred to City Manager. Iowa Department of Transportation: Communi- cation from the Iowa De- partment of Transportation advising that IDOT propos- es to let a PCC (Portland Cement Concrete) patch- ing project located on Iowa 32 (Northwest Arterial) from the junction with US 20 northeasterly to the junction with JFK Road, upon motion received and filed. U.S. Department of Housing and Urban -Devel- opment: Communication from the U.S. Department of Housing and Urban De- velopment advising that the City of Dubuque has exceeded the production goals in all areas of the Lead Hazard Control Grant Program, upon motion re- ceived and filed. Michalski commented that citizens need to know how well the Health Services,and Hous- ing and Community Devel- opment Departments have done in this area. Heller Family Realty Company, LLC - Certifi- cate of Completion: City Manager recommending appprroval of the issuance of a Cert'rficate of Completion for Heller Family Realty ~ Company, LLC (Tri States Industries) in the Dubuque Industrial Center West, upon motion received and filed and approved recom- mendation. Mines of Spain State Recreation Area: Commu- nication ftom Wayne Buchholtz, Park Ranger for the Mines of Spain State Recreation Area, request- ing support for the renam- ing of Mar Jo Quarry Road to Mines of Spain Road, upon motion received and filed and referred to City Manager. Signed Contracts: -City Hall First Floor Restroom Renovations -Change Or- der #1, upon motion re- ceived and filed. Improvement Contracts / Performance, Payment and Maintenance Bonds: - - Port of Dubuque Storm Sewer Extension -Phase V Project, upon motion re- ceived and filed Business Licenses: City Manager recommending approval of annual liquor license renewals as sub- mitted, upon motion re- ceived and filed. Cline moved adoption of Reso- lution No. 7-07 Granting the issuance of a Class 07 Approving plat of pro- posed vacated unnamed street between 640 and 650 Kane Street, Resolu- tion No. 12-07 Vacating an unnamed street between 640 and 650 Kane Street, and Resolution No. 13-07 Disposing of City interest in Lots 4A, 4B, and 4C of Kieffer Place in the City of Dubuque, Dubuque Coun- ty, Iowa. 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 "Glen- view" aSubdivision in the City of Dubuque and dis- posal of the property with the corrected legal de- scription, upon motion re- ceived and filed. Connors moved adoption of Reso- lution No. 14-07 Disposing of City interest in Lot 22 of "Glenview" a Subdivision in the City of Dubuque, Dubuque County, Iowa. Seconded by Jones. Mo- tion carried 7-0. Upon motion the rules were reinstated limiting discussion to the Council. ACTION ITEMS City Council Appoint- ments Communication from M. Thomas Stovall, Executive Director of Operation: New View Community Action Agency, requesting that the City make appoint- ments to the Board of Di- rectors at the first meeting in January 2007, upon mo- tion received and filed. Connors moved that Jones and Braig be reappointed to the Operation: New View Board and City Man- ager Michael Van Milligen stated his designee would be Janet Walker, of the Housing and Community Development Department. Seconded by Cline. Mo- tion carried 7-0. Communication from the Dubuque Racing Associa- tion Board of Directors re- questing appointment of representatives to the DRA Board of Directors for 2007 (currently Mayor Roy D. Buol, Council Members Kevin Lynch and Ric ,;ones, 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. Seconded by Connors. Motion carried 7-0. Mayor and City Council appointments to various Boards and Commissions, upon motion appointments ~emained the same. COUNCIL MEMBER REPORTS Michalski shared that she 'epresented City Council at the Kwick Stop party for service members. Jones stated that the special Olympics would be field next week with 426 scheduled to compete and velcomed everyone to at- end the Opening Ceremo: ,y at the Grand River C~n- er. Upon motion Council vent into closed session e: Pending Litigation and property Acquisition - ;hapter 21.5(1)(c)(j) 2005 ;ode of Iowa at 6:54 P.M. At 7:38 Council reconv- ~ned Regular session and Mated that staff had been liven proper direction. There being no further >usiness, upon motion Heeling adjourned at 7:39 M. /s/ Jeanne F. Schneider, CMC, City Clerk t 1/10 ~ STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Wendy Miller, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: January 10, 2007, and for which the charge is $127.24. Subscribed to before this ~ day c otary Public in and for Dubu ue County, Iowa, D~Zl.tst~t~ , 20 ~. Public in and for Dubuqu`~ County, Iowa. ~ - ~,~~H7 K Yv~oTc r,",tEYER~ r ~ ~nr; ^Isz3iar '.~^•~bor 154885 ~~~~ ~ k'.; f'omm. Exc "rLB. 1, ?008 nrcnmocese m wuuque Proclamation: Martin Lu- ther King, Jr. Days (Janu- ary 14 and 15, 2007) re- ceived . by Nicole Kuhlmann CONSENT ITEMS Minutes arid Reports Submitted: City Council of 12/18 and 12/99; Library Board of Trustees of 11/16; Park and Recrea- tion Commission of 12/12; Transit Board of 12/15, upon motion received and flied Library Board of Trustees Updat2 from motion received and filed. Proof of puWcealon of City Council Proceedings of December 4, 2006, upon motion received and filed. Notice of ClaimsJSuits: Thomas Schaefer for pr arty damage: Keith R. Wieland for property dam- age, upon motion received and filed and referred to City Attorney. uC' Attorney wising that the faMoYnng claims haw bean rofe-rod to Pub- low ~ ~ lo- wa Communities Assur- ance Pool: Troy Lampers for vehicle damage; Kathryn Rupp for vehicle damage; Keith Weiland for property ,damage. upon motion rece'wed and filed and r~ncurred. Purchase of Property: City.Attomey recommend- ing acceptance of the deed for property recently by the City Greg and Peggy Stover, upon moflon re- ceived and filed. Cline moved adoption of Reso- lotion No. 1-07 Accepting the deed to certain real es- tate in Dubuque County, Iowa from Gregory Jon Stover and~eggy E. Stover. nnddeedd by Lynch. Moton carried 7-0. Horizon Developmerrt ~Gronpp~LL~C.. CCltyertMcataegeofr recommending ~provel of the issuance of a Certifi- a~of CompletioY ~~ LLC (Cart~~+~t Buildir~ in the Dubuque Technolo- gy Park, upon motion re- ceived and filed and ap- proved recommendation. McLeodUSA Network Services, Inc.: City Manag- er recommending approval of the issuance of a Certifi- cate of Completion for McleodUSA Network Services, inc. in the.Dubu- que Techrwbgy Park, upon motbn received and filed and approved recom- mendation. Subordination Agreement for Jorja. J. Moore: City Manager' 'recommending. approval of a subordina- tion agreement to hold a secon'dery posrNon with the Downtown Rehabilita- tion Loan on a mortgage on property located at 890 Iowa Street owned by Jana Moore with Dupaco redit Union, upon motion received and approved recommendation. KeyLine Transit Trustee Board: Communication from Michael Sand submit- ting his resignation from the Keyl.ine Transit Trust- ee Board, effective imme- diately, upon motion re- ceived and filed and ac- cepted resignation. Purchase of 1924 Kniest Street: City Manager recommending approval of the purohase of a residential dwelling lo- sated at 1924 Kniest new and used car dealers, upon n~ion received end filed and referred to City Manager. Iowa Department of Transportatbn: Communi- cation from the Iowa De- partment of Trans rtafion ~vt~0~kt aM: efxJ Cement Concrete- sng projecFkrcated on Iowa 32 (Northwest Arterial) from the junction wkh US 20 northeasterly to the junction with JFK Road, upon moton received and filed U.S. Department of Housing and Urban Devel- opment: Communbetion from the U.S. Department of Housing and Urban De- velopment advising that the City of Dubuque has exceeded the production m aN areas of the Hazard. CoMrd Grant Program; upon motion re- ceived and filed. Michalski conxr~ented that citizens need to know how•well the Health Services and Hous- ing and Community Devel- GprtMM pepertmerrts have ~dor-e in this alga. Helier Family Realty Company, LLC - Certifi- cate of Completion: City Manager recommending a al of the issuance of e <~ificate of Completion for Heller Famiy Realty Company, LLC ri States Industries) in the Dubuque Industrial Center West, upon motion received and filed and approved recom- mendation. Mines of Spain State Recreation Area: Commu- nicetbn from Wayne BuchhoRz, Park Ranger for the Mines of Spain State Recreation Area. request- ing support for the renam- ing of Mar Jo Quarry Road to Mines of Spain Road, upon motion received and filed and referred to City Manager. Signed Confracts: -City Hall First Floor Restroom Renovations -Change Or- der N7, upon motion re- ceived and fikid. Improvement Contracts / Performance, Payment and Maintenance Bonds: - - Port of Dubuque Storm Sewer Extensbn -Phase V Project, upon motion re- ceived and filed Business Licenses: City Manager recommending approval of annual liquor license renewals as sub- mitted, upon motion re- ceived and filed. Cline moved adoption of Reso- lution No. 7-07 Granting the issuance of a Class 'B' Liquor Licsnse for Hoffman House/3100 Club; Class 'C' Beer/Liquor License to ereezere Pub; and a Class 'B' Wine Permit to Dubu- que ReR bus Center. coded Lynch. Mo- tion carried -0. ITEM TO BE SET FOR PUBLIC HEARING Reeder and .Lois Street 3enftary Sewer Project: City Manager recommend- ing 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, upon motion' re- ceived end filed. Lynch moved adoption of Reso- lutbn No. 8-07 Preliminary approval of plans and specifications, Resolution No. 9-07 Setting date of hearing on plans and specifications, and Resolu- tion ,No. 10-07 Ordering bids. Seconded by Braig. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the Council. Request to Vacate - Un- named Street between 640 and 650 Kane Street: Proof of publication on no- tice of hearing to consider a request from Tim Schmit II to vacate and purchase an unnamed .street be= tween 640 and 650 Kane Sfreet and City Manager recommending approval, upon motion received and filed. Cline moved adop- tion of Resolution No. 11- FiEPDR'r'S fichalski shared that she represented City Council at the Kwick Stop party for servbe members. Jones stated that the Special Olympics would be held next week with 426 scheduled to compete and welcomed weryone to at- tend the Opening Ceremo. ny at tfie Grend River Cen- ter. Upon motion Council weM into closed session re: P¢nding Litigation and Chap 21.5(1)(c)(11 2005 Code of Iowa atlowa at 6: 4 P.M. At 7:38 Council reconv- ened Regular session and stated that staff had been 9~ proper direction. There being no further business, upon motion meeting adjourned at 7:39 P.M. /s/ Jeanne F. Schneider, CMC, City Clerk 1t 1/10