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