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11 2 09 City Council Agenda with Icons ROLL CALL ORDER FOR MEETING OF 11/2/09 JONES LYNCH RESNICK VOETBERG BRAIG BUOL CONNORS CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:00 P.M. – NEW AMBULANCE AVAILABLE FOR VIEWING 6:30 P.M. HISTORIC FEDERAL BUILDING MONDAY, NOVEMBER 2, 2009 PLEDGE OF ALLEGIANCE INVOCATION Sister Mary Ann Zollman, Sisters of Charity, BVM Center PROCLAMATIONS Philanthropy Day (November 13, 2009) Ruby Sutton Day (November 15, 2009) National Hospice Month (November, 2009) Philanthropy DayRuby Sutton DayHospice Month 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 Arts and Cultural Affairs Advisory Commission of 8/25; City Council of 10/19; Civil Service Commission of 9/8 and 10/6; Environmental Stewardship Advisory Commission of 10/6; Housing Commission of 8/25; Housing Code Appeals Board of 9/15; Park and Recreation Commission of 10/13 Proofs of publication of City Council Proceedings of October 5, 2009 (Special Meeting and Regular Session) Suggested Disposition: Receive and File ACAACCity CouncilCivil Service of 9/8Civil Service of 10/6Environmental Housing Commission Stewardship Park and Rec Hsg Code Appeals Bd 2. Notice of Claims/Suits Paul M. Olson for vehicle damage; Dan Boge for property damage; Dan Curler for loss of property; John Ervolino 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: Dan Boge for property damage; Dan Curler for loss of property; Joseph and Dixie Rubino for personal injury City Attorney recommending settlement of the claim of John Ervolino for property damage Suggested Disposition: Receive and File; Concur Claims - ICAPClaim - Settled 3. Civil Service Commission Civil Service Commission submitting the certified list for the position of Equipment Operator I. Suggested Disposition: Receive and File; Make a Matter of Record 2 Equipment Operator I Ltr 4. Northeast Iowa Small Business Development Center Communication verifying that Northeast Iowa Community College of Calmar has contributed $10,000 to be made available to the Northeast Iowa SBDC on July 1, 2008. Communication verifying that Northeast Iowa Community College of Calmar has contributed $10,000 to be made available to the Northeast Iowa SBDC on July 1, 2009. Suggested Disposition: Receive and File SBDC - 2008 LtrSBDC - 2009 Ltr 5. Washington Neighborhood Development Corporation (WNDC) City Manager recommending approval of a letter of support for a Washington Neighborhood Development Corporation grant application to the NeighborWorks America organization in the amount of $150,000. Suggested Disposition: Receive and File; Approve WNDC - MVM MemoWDNC - Staff MemoWDNC - Ltr of Support 6. Cleveland Avenue Reconstruction Project City Manager recommending acceptance of the Cleveland Avenue Reconstruction Project as completed by Horsfield Construction, Inc., in the final contract amount of $1,669,582.56 and adoption of the final schedule of assessments. RESOLUTION Accepting the Cleveland Avenue Reconstruction Project – Bryant Street to Villa Street and authorizing payment of the contract amount to the contractor RESOLUTION Adopting the final assessment schedule for the Cleveland Avenue Reconstruction Project – Bryant Street to Villa Street Project Suggested Disposition: Receive and File; Adopt Resolutions Cleveland - Final Cleveland - MVM Cleveland - Staff Cleveland - Cleveland - Payment Form MemoMemoResolutionsAssessments 3 7. Louise Lane Bridge Reconstruction Project City Manager recommending acceptance of the Louise Lane Reconstruction Project as completed by Jim Schroeder Construction, Inc. of Bellevue, Iowa, in the final contract amount of $215,630.30 RESOLUTION Accepting the Louise Lane Bridge Reconstruction Project and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution Louise Lane - Final Louise Lane - MVM Louise Lane - Staff Louise Lane - Payment Form MemoMemoResolution 8. Dubuque Regional Humane Society City Manager communication to The Miccio Foundation in support of the Dubuque Regional Humane Society’s grant application for veterinary equipment for a spay and neuter clinic. Suggested Disposition: Receive and File Humane Society Ltr of Support 9. Renewal Rates – Voluntary Dental Plan City Manager recommending approval of the renewal rates for the City’s voluntary dental plan. Suggested Disposition: Receive and File; Approve Delta Dental Rates Dental Plan - MVM Dental Plan - Staff MemoMemo 10. Legislative Correspondence Correspondence to Senator Tom Harkin and Senator Charles Grassley requesting that they cosponsor the Community Restoration and Revitalization Act which updates the Historic Tax Credit and would provide greater opportunities for the reuse of historic and older buildings. Suggested Disposition: Receive and File Harkin LtrGrassley Ltr 4 11. Mediacom Communication from Lee Grassley, Mediacom Senior Manager – Government Relations, advising of upcoming channel changes. Suggested Disposition: Receive and File Mediacom Ltr 12. Novogradac Community Development Foundation (NCDF) Notification from the Novogradac Community Development Foundation (NCDF) that City Manager Michael C. Van Milligan has been named the Public Executive of the Year. Suggested Disposition: Receive and File NCDF Award 13. Online Employment Application Vendor City Manager recommending approval of a contract with NeoGov to provide enhanced online employee application services. Suggested Disposition: Receive and File; Approve Application - Application - MVM Application - Staff Background MemoMemo 14. KeyLine Transit Board Communication from John Curtis submitting his resignation from the KeyLine Transit Board due to his relocation out of State. Suggested Disposition: Receive and File; Accept Resignation Curtis Resignation 15. Unified Therapy Services Communication from Sarah Biedermann, Director of Marketing and Billing for Unified Therapy Services, thanking the City of Dubuque for their assistance in making the Autism Speaks run / walk a success. 5 Suggested Disposition: Receive and File United Therapy Services Ltr 16. East Central Intergovernmental Association Communication from Kelley Hutton Deutmeyer, East Central Intergovernmental Association, thanking the City Council for their approval and support of the Regional transit Authority’s request to partner with the City of Dubuque in providing funds for the Northeast Iowa Community College’s shuttle route. Suggested Disposition: Receive and File ECIA Ltr 17. Quarterly Investment Report City Manager transmitting the September 30, 2009 Quarterly Investment Report. Suggested Disposition: Receive and File Report - MVM MemoReport - Staff MemoInvestment Earnings Monthly Investment Schedule of Accrued SummarySummaryInterest Schedule of City Funds 18. Community Development Advisory Commission City Manager recommending approval of the appointment of Char Eddy as the Housing Commission Liaison to the Community Development Advisory Commission. Suggested Disposition: Receive and File; Approve CDAC - MVM MemoCDAC - Staff Memo 19. Liquor License Refund Request of Beverly Larsen, Denny’s Lux Club, requesting a refund of her Beer/Liquor License. Suggested Disposition: Receive and File; Approve Refund 6 20. Liquor License Applications City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION Granting the issuance of a Class “C” Beer Permit to Kwik Stop Food Mart RESOLUTION Granting the issuance of a Class “C” Beer/Liquor License to Yen Ching, Aragon Tap and L.May; a Special Class “C” Liquor License to Huhot Mongolian Grill; and a Class “WBN” (Native Wine) License to Dubuque Humane Society Adoption Center and Kwik Stop Food Mart Suggested Disposition: Receive and File; Adopt Resolutions Renewals - MVM Renewals - Staff Resolution #1Resolution #2 MemoMemo PUBLIC HEARINGS Citizens are invited to address the City Council regarding the following agenda items. Please come to the podium and state your name and address when the item you wish to speak to is being considered. SUSPEND THE RULES 1. Historic Shot Tower Rehabilitation Project – Phase I Proof of publication on notice of public hearing to consider the plans and specifications, form of contract and estimated cost for the Historic Shot Tower Rehabilitation Project – Phase I and City Manager recommending approval. RESOLUTION Preliminary approval of plans, specifications, form of contract, and estimated cost for the Historic Shot Tower Rehabilitation Project – Phase I Suggested Disposition: Receive and File; Adopt Resolution Shot Tower - MVM Shot Tower - Staff Shot Tower - MemoMemoResolution Material from October 19, 2009 City Council Meeting Shot Tower - MVM Shot Tower - Staff Shot Tower - Memo MemoResolutions REINSTATE THE RULES This action limits discussion to the City Council. 7 ACTION ITEMS These are items where discussion is held by the City Council – public comments are not allowed except as authorized by the Mayor. 1. Citizen Request Request of Lance Knabel, 1971 University, to address the Council regarding parking in his neighborhood. Suggested Disposition: Receive and File; Council Knabel Request 2. North Fork Catfish Creek Stormwater and Sanitary Sewer Reconstruction Project – Phase III City Manager recommending that all bids received for the North Fork Catfish Creek Stormwater and Sanitary Sewer Reconstruction Project – Phase III be rejected and the project re-bid at a later date. RESOLUTION Rejecting all competitive bids for the North Fork Catfish Creek Stormwater and Sanitary Sewer Reconstruction Project – Phase III Suggested Disposition: Receive and File; Adopt Resolution North Fork - MVM North Fork - Staff North Fork - MemoMemoResolution 3. Bicycle Ordinance City Manager recommending approval of an ordinance related to the definition of bicycles which will bring the Code of Ordinances in alignment with State law updates. ORDINANCE Amending the City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 1 General Provisions, Section 9-1-321.1 Definitions, by amending the definition of bicycle and motorized bicycle or motor bicycle Suggested Disposition: Receive and File; Motion B; Motion A Bicycle - MVM MemoBicycles - Staff MemoBicycles - OrdinanceSuggested Motion 8 4. Panhandling Ordinance City Manager recommending approval of an ordinance which would prohibit aggressive panhandling in the City of Dubuque. ORDINANCE Amending Title 7 Police, Fire, and Public Safety, Chapter 5 Offenses, Article A General Offenses, of the City of Dubuque Code of Ordinances by adding a new Section 7-5A-17 Aggressive Panhandling Prohibited, defining and prohibiting aggressive panhandling, and providing penalties for the violation thereof Suggested Disposition: Receive and File; Motion B; Motion A Panhandling - MVM Panhandling - Staff Panhandling - Suggested Motion MemoMemoOrdinance 5. February 15, 2010 City Council Meeting City Manager recommending that the City Council meeting scheduled for Tuesday, February 16, 2010 be changed to Monday, February 15, 2010 (President’s Day). ORDINANCE Changing the date for the second regular City Council meeting in February 2010 from February 16, 2010 to February 15, 2010. Suggested Disposition: Receive and File; Motion B; Motion A Mtg Date - MVM Mtg Date - Suggested Motion MemoOrdinance 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. Jeanne F. Schneider October 29, 2009 9