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1 3 07 City Council AgendaCITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM WEDNESDAY, JANUARY 3, 2007 INVOCATION Reverend Joseph O'Brien, Archdiocese of Dubuque PROCLAMATIONS Martin Luther King, Jr. Days (January 14 and 15, 2007) CONSENT ITEMS The consent agenda items are considered to be routine and non-controversial and all consent items will be normally voted upon in a single motion without any separate discussion on a particular item. If you would like to discuss one of the Consent Items, please go to the microphone and be recognized by the Mayor and state the item you would like removed from the Consent Agenda for separate discussion and consideration. 1. 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 Library Board of Trustees Update from December 16, 2006 Meeting Proof of publication of City Council Proceedings of December 4, 2006 Suggested Disposition: Receive and File 2. Notice of Claims/Suits Thomas Schaefer for property damage; Keith R. Wieland for property damage Suggested Disposition: Receive and File; Refer 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 Suggested Disposition: Receive and File; Concur 3. Purchase of Property City Attorney recommending acceptance of the deed for property recently purchased by the City from Greg and Peggy Stover. RESOLUTION Accepting the deed to certain real estate in Dubuque County, Iowa from Gregory Jon Stover and Peggy E. Stover Suggested Disposition: Receive and File; Adopt Resolution 4. 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. Suggested Disposition: Receive and File; Approve 5. 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. Suggested Disposition: Receive and File; Approve 6. 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. Suggested Disposition: Receive and File; Approve 7. KeyLine Transit Trustee Board Communication from Michael Sand submitting his resignation from the KeyLine Transit Trustee Board, effective immediately. Suggested Disposition: Receive and File; Accept Resignation 8. 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. RESOLUTION Approving the acquisition of real estate located at 1924 Kniest Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 2 9. 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. RESOLUTION Approving the acquisition of real estate located at 2227 Elm Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 10. 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. RESOLUTION Approving the acquisition of real estate located at 2263 Prince Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 11. 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. RESOLUTION Accepting improvement RESOLUTION Approving final contract Suggested Disposition: Receive and File; Adopt Resolutions 12. 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. Suggested Disposition: Receive and File; Refer to City Manager 13. 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. Suggested Disposition: Receive and File 3 14. 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. Suggested Disposition: Receive and File 15. 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. Suggested Disposition: Receive and File 16. 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. Suggested Disposition: Receive and File; Approve 17. 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. Suggested Disposition: Receive and File; Refer to City Manager 18. Signed Contracts -- City Hall First Floor Restroom Renovations -Change Order #1 Suggested Disposition: Receive and File 19. Improvement Contracts /Performance, Payment and Maintenance Bonds -- Port of Dubuque Storm Sewer Extension - Phase V Project Suggested Disposition: Receive and File 4 20. Business Licenses City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION 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 Suggested Disposition: Receive and File; Adopt Resolution ITEM TO BE SET FOR PUBLIC HEARING 1. 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. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Setting date of hearing on plans and specifications RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 215/07 PUBLIC HEARINGS SUSPEND THE RULES 1. 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. RESOLUTION Approving plat of proposed vacated unnamed street between 640 and 650 Kane Street RESOLUTION Vacating an unnamed street between 640 and 650 Kane Street RESOLUTION Disposing of City interest in Lots 4A, 4B, and 4C of Kieffer Place in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolutions 5 2. 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. RESOLUTION Disposing of City interest in Lot 22 of "Glenview" a Subdivision in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution REINSTATE THE RULES ACTION ITEMS 1. 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. 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). Mayor and City Council appointments to various Boards and Commissions. Suggested Disposition: Receive and File; Council Appointments 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. CLOSED SESSION Pending Litigation and Property Acquisition -Chapter 21.5(1)(c)(j) 2005 Code of Iowa Jeanne F. Schneider December 28, 2006 6