11 2 09 Clerk's Skeleton Notes and Meeting Call~~ i~~ ~ ~~ ~Q lv .cam P~' ~~
CITY COUNCIL REGULAR SESSION, NOVEMBER 2, 2009
COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL
BUILDING / ` ~ /
PRESENT: MAYOR BUOL, COUNCIL MEMBERS B/RAIG, CONNORS, JONES, LYNCH,
RES~J1CK, VOETBERG
/ ~
CITY MANAGER VAN MI LIGEN; CITY ATTORNEY LHd~B~cFtL~%~~r~C~~
ABSENT:
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: Sister Mary Ann Zollman, Sisters of Charity, BVM Center
PROCLAMATIONS
Philanthropy Day (November 13, 2009)
Ruby Sutton Day (November 15, 2009)
Hospice Month (November, 90~ L~~~~-~~
1.
2.
CONSENT ITEMS
yes
/
/
~ Jones
Lynch
,
/ Resnick
/~ Voetberg
Braig
- uol
~ ' onnors
Minutes and Reports Submitted
,~~
l
Nays
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i
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
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
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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
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
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
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 ~'~,C~ Accepting the Cleveland Avenue Reconstruction
Project -Bryant Street to Villa Street and authorizing payment of the contract amount to
the contractor
RESOLUTION `zo~'% Adopting the final assessment schedule for the
Cleveland Avenue Reconstruction Project -Bryant Street to Villa Street Project
Suggested Disposition: Receive and File; Adopt Resolutions
Ayes Nays
Jones
Lynch
Resnick
Voetberg
Braig
Buol
Connors
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 ~0~25 Accepting the Louise Lane Bridge Reconstruction
Project and authorizing payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
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
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
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
Ayes Nays
Jones
Lynch
Resnick
Voetberg
Braig
Buol
Connors
4
11.
12.
13.
14.
Mediacom
Communication from Lee Grassley, Mediacom Senior Manager -Government
Relations, advising of upcoming channel changes.
Suggested Disposition: Receive and File
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
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
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
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.
Suggested Disposition: Receive and File
,,~! ~'
yes
~~~) Jones
~(~ Lynch
,/ ~` Resnick
,% Voetberg
~;; Braig
/i' Buol
/ onnors
5
Nays
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
17. Quarterly Investment Report
City Manager transmitting the September 30, 2009 Quarterly Investment Report.
Suggested Disposition: Receive and File
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
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
20. Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION O~ Granting the issuance of a Class "C" Beer Permit to Kwik
Stop Food Mart
RESOLUTION Q 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
Ayes Nays
Jones
Lynch
Resnick
Voetberg
Braig
Buol
Connors
6
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
/Ay Nays
// ~ Jones
//' Lynch
/ ~, Resnick
~, Voetberg
Braig
/ Buol
Connors
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 l and City Manager recommending approval.
RESOLUTION ~~~ r I ~ a 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
des
Jones
/ Lynch
Resnick
/~ , Voetberg
/ ' Braig
1 Buol
~) Connors
Nays
7
REINSTATE THE RULES
This action limits discussion to the City Council.
(yes Nays
/ Jones
/ ~ IJ Lynch
v Resnick
/ Voetberg
Braig
,/ Buol
Connors
~~
~~~
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.
Su ested Dis osition: Receive and File; Council
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Aye
Jones
Lynch
~' Resnick
/~~ Voetberg
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Buol
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Nays
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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.
RESOLUYION y~~ 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
yes Nays
~`~ Jones
,~ ; Lynch
/ Resnick
//~ Voetberg
/ / Braig
Buol
Connors
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 S~ 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
Suspend the Readings
Ay
~~ Jones
' .Lynch
C Resnick
% V et er
o b g
/' % Braig
Buol
Connors
Final Reading and Adopt
Nays y Nayes
Jones
Lynch
/ Resnick
/~ Voetberg
/ ; Braig
Buol
~~~Connors
9
4.
5.
Panhandling Ordinance
~ i~
City Manager recommending approval of an ordinance which would prohibit aggressive
panhandling in the City of Dubuque.
r
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
Suspend the Readings
Ayes: ~' Nays
Jones
~; Lynch
Resnick
Voetberg
Braig
Buol
~/~ Connors
Final Reading and Adopt
Ayes Nayes
f Jones
/ .
/ Lynch
Resnick
oetberg
"";~ raig
Buol
/ Connors
February 15, 2010 City Council Meeting
a ~~
City Manager ending that the City Council meeting scheduled for Tuesday,
February , 2010 be c anged to Monday, February 15, 2010 (President's Day).
~~
ORD ANCE Changi g the date for the second regular City Council meeting in
Febr 2010 fr February 16, 2010 to February 15, 2010.
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Final Reading and Adopt
A .e Nays ye Nayes
.~' ~ -Jones ~ ~ Jones
/ ,~
1 Lynch / Lynch
`' Resnick ~ Resnick
_Voetberg / ;..Voetberg
/ ~ ,.Braig ,~ Braig
Buol Buol
Connors Connors
10
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.
V
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11