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12 1 08 City Council Proceedings Official CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on December 1, 2008 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, City Manager Van Milligen, City Attorney Lindahl Absent: Council Member Voetberg Mayor Buol read the call and stated this is a regular session called for the purpose of discussing such matters which may properly come before the City Council. Invocation was provided by Ann Wertz, Pastoral Assistant, St. Mary's/St. Patrick's Catholic Churches CONSENT ITEMS Motion by Jones to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Braig. Motion carried 6-0. Minutes and Reports Submitted: City Council of 11/17 and 11/21; Civil Service of 10/23; Library Board of Trustees of 8/28 and 9/25; Park and Recreation Commission of 11/12 Proofs of publication of City Council Proceedings of October 28 and November 3, 2008 (Special Session and Regular Session) Upon motion the documents were received and filed. Notice of Claims/Suits: Judith A. McMahon and Ronald J. McMahon for personal injury; Amanda Reynolds for vehicle damage; Wells Fargo Bank, N.A. vs. City of Dubuque, et al; Irene Holz for property damage; Grand Opera House for property damage. Upon motion the documents were received and filed and referred to the 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: Gordon E. Mills for vehicle damage; Judith McMahon for personal injury. Upon motion the documents were received and filed and concurred. U.S. Department of Housing and Urban Development: Communication from Patricia M. McCauley, U.S. Department of Housing and Urban Development, advising that the City’s Community Development Block Grant Program’s accomplishments for Program Year 2007 were satisfactory. Upon motion the document was received and filed. Human Rights Commission: Communication from Vincent Vanden Huevel advising that he is not re-applying for an additional term on the Human Rights Commission. Upon motion the document was received, filed, and the resignation accepted with the City Council’s gratitude. Citizen Communications: Communication from Fred Gross, 2997 Deerwood Circle, regarding trash on Coates Street. Communication from Amanda W. Benckhuysen, 1324 Tomahawk Drive, submitting a petition requesting that a sidewalk be installed along Rockdale Road. Communication from Dan Boge, Kane Development Corporation, requesting that the City accept the entire completed sanitary sewer and water main system for Pine Knoll Condominiums. Upon motion the documents were received and filed and referred to the City Manager. Carnegie-Stout Public Library Renovation Project: City Manager recommending award of the contracts for Contract #6 (Flooring and Tile) and Contract #8 (Elevator) of the Carnegie- Stout Public Library Renovation Project to Commercial Flooring (Contract #6) and Tri-Con Construction (Contract #8). Upon motion the documents were received and filed and Resolution No. 411-08 Awarding public improvement contracts for the Carnegie-Stout Public Library Renovation Project was adopted. RESOLUTION NO. 411-08 AWARDING PUBLIC IMPROVEMENT CONTRACTS FOR THE CARNEGIE-STOUT PUBLIC LIBRARY RENOVATION PROJECT Whereas, sealed bids were submitted by contractors for the Carnegie-Stout Public Library Renovation Project (the Project) pursuant to Resolution No. 386-08 and the Notice to Bidders published in the Telegraph Herald, a newspaper published in the City of Dubuque, Iowa on the th 24 day of October, 2008; and th Whereas, said sealed bids were opened and read on the 20 day of November, 2008; and Whereas, the City Council has determined that the following contractors with the following bids were the lowest responsive, responsible bidders for the Project: Contract No. Low Bid Contractor Total Bid 6 Commercial Flooring $221,760 8 Tri-Con Construction $132,600 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Public Improvement Contracts for the Project are hereby awarded to the above listed contractors and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. st Passed, approved and adopted this 1 day of December, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Iowa 32 Bike / Hike Trail – Request for Proposals: City Manager recommending approval of the issuance of a Request for Proposals for the design of the Iowa 32 Bike / Hike Trail, Phase 2. Upon motion the documents were received, filed, and approved. Town Clock Renovation Project: City Manager recommending acceptance of the Town Clock Renovation Project as completed by Klauer Construction in the final contract amount of $266,063.00. Upon motion the documents were received and filed and Resolution No. 412-08 Accepting improvement and Resolution No. 413-08 Approving final estimate were adopted. RESOLUTION NO. 412-08 ACCEPTING IMPROVEMENT WHEREAS, the contract for the Town Clock Renovation Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has 2 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: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the General Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 1st day of December, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk RESOLUTION NO. 413-08 FINAL ESTIMATE WHEREAS, the contract for the Town Clock Renovation 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 $266,063, and the said amount shall be paid from the General Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 1st day of December, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Purchase of Property – 2317 Elm Street: City Manager recommending approval of the purchase of a residential dwelling located at 2317 Elm Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 414-08 Approving the acquisition of real estate located at 2317 Elm Street in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 414-08 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 2317 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 stormwater 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 fifty fifth 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 East 99 ½ feet of the South 55 feet of Lot 1 of the Subdivision of Lot 105 in L.H. Langworthy’s Addition in the City of Dubuque, Iowa according to the recorded plat thereof. At the cost of Ninety-eight thousand dollars ($98,000). 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 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 and she is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. st Passed, approved and adopted this 1 day of December, 2008. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Purchase of Property – 2020 Kniest Street: City Manager recommending approval of the purchase of a residential dwelling located at 2020 Kniest Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 415-08 Approving the acquisition of real estate located at 2020 Kniest Street in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 415-08 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 2020 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 stormwater 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 fifty sixth 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 1 OF LOT 4, AND THE NORTHWESTERLY 5 FEET OF LOT 2 OF LOT 4, OF KNIEST’S SUBDIVISION AS PART OF MINERAL LOT 314, IN THE CITY OF DUBUQUE, IOWA , at the cost of Eighty-six thousand five hundred dollars ($86,500). 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 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 and she is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. st Passed, approved and adopted this 1 day of December, 2008. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Purchase of Property – 2238 / 2240 Washington Street: City Manager recommending approval of the purchase of a residential dwelling located at 2238 / 2240 Washington Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. 4 Upon motion the documents were received and filed and Resolution No. 416-08 Approving the acquisition of real estate located at 2238 / 2240 Washington Street in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 416-08 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 2238- 2240 WASHINGTON 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 stormwater 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 fifty seventh 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: Tract 1 Lot 1 of Lot 1 of the North one-half of Lot 1 of Lot 2 of the Subdivision Lot 102, in L. H. Langworthy’s Addition to Dubuque, in the City of Dubuque, Iowa, according to the recorded Plat thereof Tract 11 Lot 1 of Lot 1 of the South one-half of Lot 1 of Lot 2 of the Subdivision Lot 102, in L. H. Langworthy’s Addition to Dubuque, in the City of Dubuque, Iowa, according to the recorded Plat thereof at the cost of Ninety-three thousand dollars ($93,000). 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 and she is 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 and she is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. st Passed, approved and adopted this 1 day of December, 2008. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Authorized Depository Institutions: City Manager recommending approval of adding First Bank of Irving, Texas, as an authorized depository institution for the City of Dubuque funds collected for dog and cat licenses by PetData, Inc. Upon motion the documents were received and filed and Resolution No. 417-08 Naming Depositories was adopted. RESOLUTION NO. 417-08 RESOLUTION NAMING DEPOSITORIES Whereas,Chapter 12C.2 of the Code of Iowa states that the approval of a financial institution as a depository shall be by written resolution or order which shall be entered of record in the minutes of the approving board, and which shall distinctly name each depository approved, and specify the maximum amount which may be kept on deposit in each depository; and 5 Whereas,This procedure is required if a financial institution changes its name or home office location, if the maximum amount is changed, or if a financial institution is added or deleted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1.That the following financial institutions are approved to be depositories of the City of Dubuque, Iowa funds in conformance with all applicable provisions of the Iowa Code Chapter 12C.2. The City Treasurer is hereby authorized to deposit City of Dubuque, Iowa funds in amounts not to exceed the maximum approved for each respective financial institution as set out below. Depository Location of Maximum Name Home Office Balance American Trust & Savings Bank Dubuque, Iowa $40,000,000 Dubuque Bank & Trust Company Dubuque, Iowa $40,000,000 U.S. Bank Minneapolis, Minnesota $40,000,000 Dupaco Community Credit Union Dubuque, Iowa $20,000,000 Premier Bank Dubuque, Iowa $20,000,000 East Dubuque Savings Bank Dubuque, Iowa $20,000,000 Liberty Bank Des Moines, Iowa $20,000,000 State Central Bank Keokuk, Iowa $20,000,000 First Bank Irving, Texas $ 100,000 st Passed, approved and adopted this 1 day of December, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk New Market Tax Credits: City Manager recommending approval of a contract with Kutak Rock, LLP, for legal services associated with securing New Market Tax Credits. Upon motion the documents were received, filed, and approved. Amendment to Development Agreement for McGraw-Hill Companies, Inc.: City Manager recommending approval of a request from McGraw-Hill Companies for a time extension to June 19, 2010 for the creation of jobs committed to in the June 2006 Development Agreement. Upon motion the documents were received and filed and Resolution No. 418-08 Approving the first amendment to the McGraw-Hill Companies, Inc. Development Agreement was adopted. RESOLUTION NO 418-08 RESOLUTION APPROVING THE FIRST AMENDMENT TO THE MCGRAW-HILL COMPANIES, INC. DEVELOPMENT AGREEMENT Whereas, a Development Agreement (the Agreement), dated June 19, 2006, was entered into by and between the City of Dubuque, a municipal corporation of the State of Iowa (City), and McGraw-Hill Companies, Inc., a New York corporation; and Whereas, City and McGraw-Hill Companies, Inc. now desire to amend the Development Agreement as set forth attached First Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment of the McGraw-Hill Companies, Inc. Development Agreement is hereby approved. 6 Section 2. That the Mayor is hereby authorized and directed to execute said First Amendment on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to implement the terms of the First Amendment as herein approved. st Passed, approved and adopted this 1 day of December, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Acceptance of Easement for Pedestrian Walkway: City Manager recommending acceptance of an easement for a pedestrian walkway lying within the Northeast Iowa Community College Building as part of the skywalk connection to the Iowa Street parking ramp. Upon motion the documents were received and filed and Resolution No. 419-08 Acceptance of the grant of an easement for a pedestrian walkway lying within the Northeast Iowa Community College Building was adopted. RESOLUTION NO 419-08 ACCEPTANCE OF AN EASEMENT FOR A PEDESTRIAN WALKWAY LYING WITHIN THE NORTHEAST IOWA COMMUNITY COLLEGE BUILDING WHEREAS, the City of Dubuque has constructed an elevated walkway from the Iowa Street Parking Ramp to the Northeast Iowa Community College facility; and WHEREAS, the City of Dubuque and Northeast Iowa Community College have equally shared in the costs of constructing said walkway; and WHEREAS, the elevated walkway enters into the Northeast Iowa Community College facility making it necessary for pedestrians to walk through the building; and WHEREAS, the City Council finds that the easement should be accepted by the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The City of Dubuque hereby accepts the easement from the Northeast Iowa Community College attached hereto. Section 2. The City Clerk is hereby authorized and directed to record this Resolution and the Easement with the Dubuque County Recorder. st Passed, approved and adopted this 1 day of December, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Resolution of Support: Communication to the Members of the 2009 Presidential Inaugural Committee in support of the Inaugural Parade participation by the Colts Drum and Bugle Corps. Upon motion the documents were received and filed and Resolution No. 420-08 Resolution of Support for the Colts Drum and Bugle Corps was adopted. RESOLUTION NO. 420-08 RESOLUTION OF SUPPORT WHEREAS, the Colts Drum and Bugle Corps have changed the lives of thousands of individual young people in the Dubuque area; and WHEREAS, the Colts Drum and Bugle Corps are heavily involved with the Dubuque Public Schools as supporters of music programs for underserved youth and provide extracurricular programs; and 7 WHEREAS, the Colts Drum and Bugle Corps spend each summing touring the country as representatives of Dubuque and as “Iowa’s Ambassadors of Music.” They represent the best attributes of our young people – extraordinary musical talent, dedication to discipline and hard work, and the knowledge that success requires long-term focus and commitment to each other; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, that we support the selection of the Colts Drum and Bugle Corps to march in the 2009 Presidential Inaugural Parade in Washington, D.C. Passed, approved and adopted the 1st day of December, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Mediacom: Communication from Mediacom advising the City of upcoming channel changes effective on or about December 17, 2008. Upon motion the document was received and filed. Liquor License Transfer: Diamond Jo Casino (Portside) requesting to permanently transfer their liquor license from 400 East Third Street to 301 Bell Street. Upon motion the documents were received, filed, and approved. Liquor License Applications: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 421-08 Granting the issuance of a Class “C” Beer Permit to Hy-Vee #2, Sam’s Club, and Informed Buyers; and Resolution No. 422-08 Granting the issuance of a Class “B” (Hotel/Motel) Beer/Liquor License to Hotel Julien Dubuque; Class “C” Beer/Liquor License to Las Margaritas; Special Class “C” Liquor License to Cookin Something Up; Class “B” Wine Permit to Cookin Something Up, Hy-Vee #2, and Sam’s Club; and a Class “B” Native Wine Permit to Dubuque Humane Society and Dubuque Area Chamber of Commerce were adopted. RESOLUTION NO. 421-08 Whereas, applications for Beer Permits have been submitted and filed 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 Ordinances of the City and 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 Beer Permit. CLASS “C” BEER PERMIT Hy-Vee, Inc. Hy-Vee #2 +(Sunday Sales) 2395 NW Arterial Sam’s West, Inc. Sam’s Club #4973+(Sunday Sale) 4400 Chaney Road TFM, Co. Informed Buyers+(Sunday Sale) 2010 Kerper Blvd. St Passed, approved and adopted this 1 day of December, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 422-08 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and 8 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” (HOTEL/MOTEL) BEER/LIQUOR LICENSE HJD Subtenant, LLC Hotel Julien Dubuque+(Sunday/Outdoor Sale) 200 Main Street CLASS “C” BEER/LIQUOR LICENSE Mayas, Inc. Las Margaritas+(Sunday Sale) 1575 JFK Road SPECIAL CLASS “C” LIQUOR Cookin Something Up Cookin Something Up+(Sunday Sale) 1640 JFK Road CLASS “B” WINE Cookin Something Up Cookin Something Up 1640 JFK Road Hy-Vee, Inc. Hy-Vee # 2 2395 NW Arterial Sam’s West, Inc. Sam’s Club # 4973 4400 Asbury Road CLASS “B” NATIVE WINE PERMIT (WBN) Dubuque Humane Society Dubuque Humane Society 555 JFK Road Dubuque Area Chamber Dubuque Chamber of Commerce 300 Main Street of Commerce Passed, approved and adopted this 1st day of December, 2008 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions: Historic Preservation Commission – Langworthy District Interim Commissioner: One 4-year term through July 1, 2011 (Term of Cleek). Applicant: Eli Licht, 1759 Vizaleea Drive. Human Rights Commission: Three 3-year terms through January 1, 2012 (Terms of Allen, Wilberding, Vanden Heuvel). Applicants: Anthony Allen, 575 Almond Street; Terry Driskell, 249 York Street; Katrina Wilberding, 3715 Asbury Road. Mediacom Charitable Foundation: Two 1-year terms through December 31, 2009 (Terms of Chavenelle and Twining). Applicants: Gail Chavenelle, 1155 Kelly Lane; Connie Twining, 421 North Booth Street. Ms. Twining spoke in support of her appointment. Transit Board of Trustees: One 3-year term through July 30, 2011 (Term of Davidson). Applicant: John Curtis, 1951 Alta Vista. Mr. Curtis spoke in support of his appointment. ACTION ITEMS Transit Consultant Recommendation: City Manager recommending approval of the selection of LSC Transportation Consultants to provide a comprehensive operational analysis of the Keyline Transit System. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Jones. Motion carried 6-0. Fire Department Ladder Truck and Pumper Truck Replacement: City Manager recommending approval to order a replacement ladder truck, which is budgeted in Fiscal Year 9 2010, prior to December 31, 2008 in order to avoid price increases. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Lynch. Motion carried 6-0. Winter Collection of Food Scraps and Yard Waste: City Manager recommending that the City provide for year-round collection of yard waste and food scraps and that the fee for an annual yard waste decal be increased from $26.00 to $28.00. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Lynch. Motion carried 6-0. Motion by Jones for final consideration and passage of Ordinance No. 78-08 Amending the City of Dubuque Code of Ordinances Section 40-39 Paragraphs (c), (d), and (e) Establishing year-round collection of yard waste and food scraps and increasing the annual yard waste decal fee for the collection of yard waste from $26.00 to $28.00. Seconded by Lynch. Council Member Connors was informed that current users would be notified. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 78-08 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 40-39 PARAGRAPHS (c), (d), and (e) ESTABLISHING YEAR ROUND COLLECTION OF YARD WASTE AND FOOD SCRAPS AND INCREASING THE ANNUAL YARD WASTE DECAL FEE FOR THE COLLECTION OF YARD WASTE FROM $26.00 TO $28.00 NOW, THEREFORE, BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 40-39, paragraphs (c), (d), and (e) of the City of Dubuque Code of Ordinances are hereby amended to read as follows: Sec. 40-39. Yard Waste and Food Scraps: . . . . (c) Yard waste that has not been composted shall be collected by the city not more than once each week according to the collection schedule established by the city manager. (d) Containerized yard waste collected by the city shall be placed in degradable paper bags with an affixed single use sticker or in rigid waste containers with an affixed single use tag or in permanent waste containers with an affixed annual yard waste decal or in a subscribed 65- gallon city-owned yard waste cart or be contained by tying devices approved by the city manager. The charges for collection and disposal of "yard waste" as defined shall be as follows: (1) The fee for tying devices approved by the city manager shall be one dollar twenty cents ($1.20) each. (2) The fee paid to the city by a customer of record with the city for an annual yard waste decal for a rigid waste container shall be twenty eight dollars ($28.00) each through June 30 of each year. The fee shall be reduced by one-half (1/2) on July 1 of each year, and again by one-half (1/2) on September 1 of each year. A decal shall only be used by the customer of record with the city who purchased it. (3) The fee for single use stickers shall be one dollar twenty cents ($1.20) each. (4) The fee paid to the city for subscription to a 65-gallon city-owned yard waste cart shall be fourteen dollars and fifty cents ($14.50) per month with a one-time non-refundable start-up fee of twenty dollars ($20.00). (e) Subscribers to the food scrap collection program shall set out city-owned carts containing food scraps and other compostable materials. 10 (1) Such carts shall be co-collected with yard waste. (2) Such carts shall be set out weekly to reduce potential nuisance concerns. Failure to use, store or set out the cart properly shall cause the subscription to be terminated. Section 2. This ordinance shall take effect upon publication. st Passed, approved and adopted on this 1 day of December, 2008. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 5 day of December, 2008. /s/Jeanne F. Schneider, CMC, City Clerk Personnel Manager Randy Peck Selected for Dubuque Area Labor Management Council Bob Bennett Award: Announcement that Personnel Manager Randy Peck has been selected for Dubuque Area Labor Management Council’s Bob Bennett Award for Good Faith in Collective Bargaining. Motion by Connors to receive and file the document and congratulate Mr. Peck. Seconded by Jones. Motion carried 6-0. City Council Meeting Date: City Manager recommending that the second meeting in February be changed from February 17, 2009 to February 16, 2009. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. Motion carried 6-0. Motion by Jones for final consideration and passage of Ordinance No. 79-08 Changing the date for the second regular City Council meeting in February 2009 from February 17, 2009 to February 16, 2009. Seconded by Connors. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 79-08 CHANGING THE DATE FOR THE SECOND REGULAR CITY COUNCIL MEETING IN FEBRUARY 2009 FROM FEBRUARY 17, 2009 TO FEBRUARY 16, 2009 Section 1. City of Dubuque Code of Ordinances Sec. 2-33, Types of meetings, notwithstanding, the second regular City Council meeting in February 2009 shall be held on th the 16 day of February. Section 2. This Ordinance shall take effect upon publication. st Passed, approved and adopted the 1 day of December, 2008. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 5 day of December, 2008. /s/Jeanne F. Schneider, CMC, City Clerk COUNCIL MEMBER REPORTS Braig recognized Scouts and students in attendance. Jones and Braig reported on conversations they have had with citizens regarding the Trailways Bus Depot zoning issue. Jones asked about the role the City has in finding an appropriate facility and suggested City Council discuss the issue at a future meeting. Transit Manager Jon Rodocker informed City Council that he has discussed options with Trailways and they have until January 15, 2009 to vacate the building at First and Main Streets. City Council concurred that this issue be brought to a future meeting. 11 PUBLIC INPUT Steve Dunne, 2250 Foye Street, addressed the City Council about the City ordinance which requires cars to park on the correct side of the street in the proper direction. He asked that the ordinance be changed to allow cars to park in the opposing direction on steep streets particularly in the winter. Resnick stated that this is a tough situation and there are other streets with the same problem. There being no further business, upon motion the City Council adjourned at 7:05 p.m. /s/Jeanne F. Schneider, CMC City Clerk 12