Minutes City Council 1 3 07
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
City Council Regular Session, January 3, 2007
Council met at 6:30 P.M. 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 com 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, upon
motion received and filed.
Library Board of Trustees Update from December 16, 2006 Meeting, upon motion
received and filed.
Proof of publication of City Council Proceedings of December 4, 2006, upon motion
received and filed.
Notice of Claims/Suits: Thomas Schaefer for property damage; Keith R. Wieland for
property damage, upon motion received and filed and referred to City Attorney.
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, upon
motion received and filed and concurred.
Purchase of Property: City Attorney recommending acceptance of the deed for property
recently purchased by the City from Greg and Peggy Stover, upon motion received and filed.
Cline moved adoption of Resolution No. 1-07 Accepting the deed to certain real estate in
Dubuque County, Iowa from Gregory Jon Stover and Peggy E. Stover. 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, upon
motion received and filed and approved recommendation.
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, upon motion received and filed and approved recommendation.
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, upon motion received and approved recommendation.
KeyLine Transit Trustee Board: Communication from Michael Sand submitting his
resignation from the KeyLine Transit Trustee Board, effective immediately, upon motion
received and filed and accepted resignation.
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, upon motion received and
filed. Cline moved adoption of Resolution No. 2-07 Approving the acquisition of real estate
located at 1924 Kniest Street in the City of Dubuque. 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, upon motion received and
filed. Cline moved adoption of Resolution No. 3-07 Approving 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 located at 2263 Prince Street as a part of the acquisition
program associated with the Bee Branch Creek Restoration Project, upon motion received and
filed. Cline moved adoption of Resolution No. 4-07 Approving the acquisition of real estate
located at 2263 Prince Street in the City of Dubuque. 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, upon motion received and filed. Cline moved adoption of
Resolution No. 5-07 Accepting improvement and Resolution No. 6-07 Approving final contract.
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, upon motion received and filed and referred to City Manager.
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, upon motion
received and filed and referred to City Manager.
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
the junction with JFK Road, upon motion received and filed.
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
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exceeded the production goals in all areas of the Lead Hazard Control Grant Program, upon
motion received and filed. Michalski commented that citizens need to know how well the
Health Services and Housing and Community Development Departments have done in this
area.
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, upon motion
received and filed and approved recommendation.
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, upon motion received and filed and referred to
City Manager.
Signed Contracts: - City Hall First Floor Restroom Renovations – Change Order #1,
upon motion received and filed.
Improvement Contracts / Performance, Payment and Maintenance Bonds: -- Port of
Dubuque Storm Sewer Extension – Phase V Project, upon motion received and filed
Business Licenses: City Manager recommending approval of annual liquor license
renewals as submitted, upon motion received and filed. Cline moved adoption of Resolution
No. 7-07 Granting the issuance of a Class “B” Liquor License for Hoffman House/3100 Club;
Class “C” Beer/Liquor License to Breezers Pub; and a Class “B” Wine Permit to Dubuque
Religious Center. Seconded by Lynch. Motion carried 7-0.
ITEM 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, upon motion received and filed. Lynch moved
adoption of Resolution No. 8-07 Preliminary approval of plans and specifications, Resolution
No. 9-07 Setting date of hearing on plans and specifications, and Resolution 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 – 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, upon motion received and filed. Cline moved adoption of Resolution
No. 11-07 Approving plat of proposed vacated unnamed street between 640 and 650 Kane
Street, Resolution 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 County, Iowa. Seconded by Braig. Motion carried 7-0.
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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, upon motion
received and filed. Connors moved adoption of Resolution 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. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
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. 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 state that the Special Olympics would be held next week with 426 schedule to
compete and welcomed everyone to attend the Opening Ceremony at the Grand River Center.
Upon motion Council went into closed session re: Pending Litigation and Property
Acquisition – Chapter 21.5(1)(c)(j) 2005 Code of Iowa at 6:54 P.M.
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 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
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