Minutes_City Council Proceedings 11 2 09
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on November 2, 2009 in the
Historic Federal Building.
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg,
City Manager Van Milligen, Assistant City Attorney O’Brien
Mayor Buol read the call and stated this is a regular session of the City Council to act upon
such business that may properly come before the City Council.
Pledge of Allegiance
Invocation was provided by Sister Mary Ann Zollman of the Sisters of Charity, BVM Center.
PROCLAMATIONS
Philanthropy Day (November 13, 2009) was accepted by Dan McCarthy, Greater Tri-State
Chapter of the Association of Fundraising Professionals, 1104 N. Clark Lane, Galena, IL; Ruby
Sutton Day (November 15, 2009) was accepted by Ruby Sutton and family, 861 Air Hill Street;
Hospice Month (November, 2009) was accepted by Carole Caroll, Hospice of Dubuque, 2255
John F. Kennedy Road.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Connors. Jones requested (#12) Novogradac Community
Development Foundation (NCDF) be held for separate discussion. Motion carried 7-0.
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)
Upon motion the documents were received and filed.
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
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: 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
Upon motion the documents were received, filed, and concurred.
Civil Service Commission: Civil Service Commission submitting the certified list for the
position of Equipment Operator I. Upon motion the document was received and filed and made
a Matter of Record.
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.
Upon motion the documents were received and filed.
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. Upon motion the documents were received, filed, and approved.
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.
Upon motion the documents were received and filed and Resolution No. 426-09 Accepting the
Cleveland Avenue Reconstruction Project – Bryant Street to Villa Street and authorizing
payment of the contract amount to the contractor and Resolution No. 427-09 Adopting the final
assessment schedule for the Cleveland Avenue Reconstruction Project – Bryant Street to Villa
Street Project were adopted.
Louise Lane Bridge Reconstruction Project: City Manager recommending acceptance of the
Louise Lane Bridge Reconstruction Project as completed by Jim Schroeder Construction, Inc.,
of Bellevue, Iowa, in the final contract amount of $215,630.30. Upon motion the documents
were received and filed and Resolution No. 428-09 Accepting the Louise Lane Bridge
Reconstruction Project and authorizing payment of the contract amount to the contractor was
adopted.
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. Upon motion the document was received
and filed.
Renewal Rates – Voluntary Dental Plan: City Manager recommending approval of the
renewal rates for the City’s voluntary dental plan. Upon motion the documents were received,
filed, and approved.
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. Upon motion the documents were received and filed.
Mediacom: Communication from Lee Grassley, Mediacom Senior Manager – Government
Relations, advising of upcoming channel changes. Upon motion the document was received
and filed.
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Novogradac Community Development Foundation (NCDF): Notification from the
Novogradac Community Development Foundation (NCDF) that City Manager Michael C. Van
Milligen has been named the Public Executive of the Year. Motion by Jones to receive and file
the documents. Seconded by Connors. Council Member Jones congratulated the City
Manager on behalf of the City Council. Motion carried 7-0.
Online Employment Application Vendor: City Manager recommending approval of a contract
with NeoGov to provide enhanced online employee application services. Upon motion the
documents were received, filed, and approved.
KeyLine Transit Board: Communication from John Curtis submitting his resignation from the
KeyLine Transit Board due to his relocation out of State. Upon motion the documents were
received and filed and the resignation accepted.
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. Upon motion the document was received and
filed.
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. Upon motion the
document was received and filed.
Quarterly Investment Report: City Manager transmitting the September 30, 2009 Quarterly
Investment Report. Upon motion the documents were received and filed.
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. Upon motion the documents were received, filed, and
approved.
Liquor License Refund: Request of Beverly Larsen, Denny’s Lux Club, requesting a refund
of her Beer/Liquor License. Upon motion the document was received and filed and the refund
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. 429-09 Granting the issuance of a Class “C” Beer Permit to Kwik Stop Food Mart; and
Resolution No. 430-09 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 were adopted.
PUBLIC HEARINGS
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Upon motion the rules were suspended allowing anyone present to address the City
Council.
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. Motion by Connors to receive and file the documents and adopt Resolution No. 431-
09 Preliminary approval of plans, specifications, form of contract, and estimated cost for the
Historic Shot Tower Rehabilitation Project – Phase I. Seconded by Braig. Motion carried 7-0.
Upon motion the rules were suspended limiting discussion to the City Council.
ACTION ITEMS
Citizen Request: Request of Lance Knabel, 1971 University, to address the Council
regarding parking in his neighborhood. Mr. Knabel asked City Council to consider changing the
“No Student” parking in front of his house to “Residential Only” parking. After responding to
questions from City Council, City Engineer Gus Psihoyos asked Mr. Knabel to contact the
Engineering Department to consider a Residential Parking Permit District designation for the
area. Motion by Connors to receive and file the documents. Seconded by Braig. Motion carried
7-0.
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. Motion by Braig to receive and file the documents and adopt Resolution
No. 432-09 Rejecting all competitive bids for the North Fork Catfish Creek Stormwater and
Sanitary Sewer Reconstruction Project – Phase III. Seconded by Voetberg. Motion carried 7-0.
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. 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 Resnick. Motion carried 7-
0.
Motion by Jones for final consideration and passage of Ordinance No. 53-09 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. Seconded by Connors. Motion carried 7-0.
Panhandling Ordinance: City Manager recommending approval of an ordinance which
would prohibit aggressive panhandling in the City of Dubuque. Motion by Connors 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 Braig. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 54-09 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
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Panhandling Prohibited, defining and prohibiting aggressive panhandling, and providing
penalties for the violation thereof. Seconded by Braig. Motion carried 7-0.
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). 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 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 55-09 Changing the
date for the second regular City Council meeting in February 2010 from February 16, 2010 to
February 15, 2010. Seconded by Braig. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Resnick encouraged citizens to vote on November 3, 2009.
There being no further business, upon motion the City Council adjourned at 7:23 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
1t 11/11
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