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Proof of Publication_City Council Proceedings 11 2 09CITY OF DUBUQUE, ~GWA' C(' COUNCIL PR~OEEDIN6S The` bubtiq'ue City Council met in regular session at 6,30 p.m, an November '2; 2809 In the Hfstprib Federal Building Present Mayor Buol, Counclf y embers Braig, Connors; Jones, Lynch, Resnick, Voet• berg, 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, Clty Councih Pledge of Allegiance Invocatlgn was pro• vided by Sister Mary Ann Zollman of the Sis• tors of Charity, BUM Center. PROCLAMATIONS Philanthropy Day (No- vember 13, 2009) was accepted. by Dan McCarthy, Greater Trl- State Chapter of: the Association of Funtl• raising Professionals, ' 1104 N, Clark Lane, Ga- lena, IL; Ruby .Sutton Day, (November: lb, 2009) was accepted by Ruby Sutton and Ta~~~ ly, 861 Air HIII Street; Hospice ~Mpnth (No- vember; 2009) was.ac• cepted by Carole Carol, Hospice of Du• buque, 2255 John F, KennedyRoatl„ CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt, the resolutions, antl dis• pose of as indreatetl. Seconded by Connors. Jones requested (#12} Novogradac Cammuni• ty Development Feun• dation (NCDF) be held for separate discus- sion. Motion carried 7~ 0. Mlnutes,and Reports 'Submitted; • Arts ,antl Cultural Affairs Atlviso• ry Commission of 8/25; City Counch of 10/19; Civil Service Commis• sion of 9/8 and 10/6; Environmental Stew• ardship Advisory Com- mission of 10/6; Hous-. ing Commission of 8/25; Housing Cotle Ap- peals Board of 9/15; Park and Recreation Commission of 10[13 Proofs of publication of City ,Council ,Pro• ceedings of October 6, 2009 (Special Meeting and Regular Session) Upon motion .the documents were re• ceived and filed, Notice of Claims/ Suits: Paul M. Olson for vehicle damage; Dan Boge far property dam• age; Dan Curler for loss of property; John= Ervolino ,for 'property ,damage Upon motion the documents were ' re• ceived and filed and re• (erred to the City Attor- ney. City Attorney advising that the following claims have been re• (erred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assur- ance Pool: Dan Boge for property damage; Dan Curler' for loss. of property; Joseph and Dixie Rubino for per- sonalinjury City Attorney recom• mending settlement of the claim of John Ervolino for property damage Upon me4lon the documents were re- celvetl, filed, and con• curretl, R Civil Service Commis- sion:Civil Service Com- mission submitting the certified Ilst for the po- sition of Equipment Operator L. Upon mo• lion the document was received'and filed and made a Matter of Re• cord. Northeast Iowa small Business Development Center: Communiea• lion verifying that Northeast Iowa Com- munity College of Calmar has contributed $10,000 td be :made available tb the North- east Iowa SBDC on July 1, 2008. Communication verl- fyingthat Northeast lo- wa Community College of Calmarhas contrib- uted $10,000 to be made avallable'to the Northeast Iowa SBDC an July 1, 2009. Upon motion the documents were re- ceivetland filed. Washington Neigh- borhood Development COrporation (WNDC); City Manager recom- mending approval of a letter of support for a Washington Neighbor hood Development Corporation grant ap-. placation to the, NeighborWorks Ameri• ca organlzatlon in the amount of $150,000. Upon motion the docu• menu were recelvetl, filed, and approved, Cleveland Avenue Re• construction Project: City Manager recom- mending acceptance of the' Cleveland, Avenue Reconstruction Project as completed by Harsfield Construction, Inc„ in the final con• tract amount of $1,669,582.56 and adoption of'the final schedule •of assess- ments, Upon motion the documents were received and filed and Resolution No, 426-09 Accepting the ~Cleve~~ land Avenue Recoo• struction Project - Bry• ant street to villa Street and authorizing payment of the con• tract amount to the contractor and Resolu- tion No. q27-09 Adopt• ing the final assess- ment schedule for the Cleveland Avenue Re• constrgction Project - Bryant Street to Villa Street Project were adopted. Louise Lane Bridge Reconstruction Project: City Mahager recom- mendingacceptance of the Louise Lane Bridge Reconstruction Project as completed by llm Schroeder Construc- tion, Inc„ of Bellevue, Iowa, in the final con- tract amount , of $215,630.30. Upon mo- tion the documents were received and tiled and Resolution No; 428• 09 Accepting the Louise Lane Ilridge Re- construction Project and authorizing pay- ment of the contract amountto the contrac- torwas adopted, Dubuque Regional Hu•, mane Society; City Manager corgrqunica• lion tb The Miccio Foundation in support of the-0ubuque Region- al Humane Society's, grant application for veterinary equipment for a spay and neuter clinic; Upoq motion the document was re• ceived and filed, Renewal Rates • Vol- untary Dental` Plan: City Manager , recom• mendlog approval bf the renewal rates for the "City's voluntary dental, plan. Upon mo• lion the documents were recelvetl, filed, and approved, Legislative Corre- spondence: Correspon- dence to SenatorTQm Harkin .and Senator Charles GrasSley re; questing that they co- sponsor the Communi- ty Restoration and Re• vitalization Act, which updates the Historic Tax Credit aril would provide greater oppor- tunities fprthe reuse of historic and alder buildings, Upon motion the documents were received antl filed, Mediacom; Communi• cation from, Lee Grassley, Metllacom Senior Manager • Gov-. ernment Relations, ad• vising of upcoming channel changes, Upon motion the document was received and filed. Novogradac Commun- ity Development FoUn- datlon (NCDF); Notifi• cation from the Novogradac Communi• ty D,evelopment Foun• ' dation (NCDF) that City Manager Michael G. Van Milligen has been:: named the Public ExeG• utive of the Year, Mo- tlonbyJones toreceive and file the documents, Seconded by Connors, Council Member Jones congratulated the City Manager on behalf of the City Councih Mo• lion carrietl7.0, Online Employment Application Vendor: City Manager recem- mentling,approval of a contract with NeoGov to provide enhanced, online employee appll- catlon services. Upon motion the documents were received, filed, and approved. - KeyLine Transit Board: Communication from'John Curtis sub-~ milting his resignation from the KeyLine Transit Board due' to his relocation out of State, Upon mption the documents were re• ceived and filed and the resignatiogacgept- ed. Unified Therapy Serv Ices, ` ~Communicatlon from Sarah Bieder• mann, Olrectorof Mar- keting and ellling for Unified Therapy Serv- ices, 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 Intergov ernmental ASsocfatlon: Communication from Kelley Hutton Deut• never, Bast Central In- tergovernmental Asso• ciatlon, 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 fundsforthe Northeast Iowa Community Colle- ge's shuttle route. Upon. motion the tlocu• ment was received antl filed, Quarterly Investment' Report; City Manager transmitting the Sep• tember 3D, 2009. Quar- terly Investment Re• port, Upon motion the documents were re- ceivedantl filed, Cammgnity Develop- ment Advisory Com- mission: City Manager recommending appro--• Jai of the appppointment of Char Etltly as the Housing Commission Liaison to the Com- munity Development Advisory Commission. Upon motion the docu• menu were received, filed, and approved. Liquor License Re- fund: Request of Bever• ly Larsen, Denny's Lux Club, requesting a re• fund of her Beer/Liquor License. Upon motion the document was re• ceived and filed and the,refundapproyed. 4lquor License Appli cations; City Manager recommending appro• vat of annual liquor II- cense renewals as sub- miffed, .Upon motion the documents were received antl tiled and Resolution No. 429.09 Granting the issuance of, a Class "C" Beer Permit ,to Kwik Stop Food Mart; and Resolu- lion No. 430.09 Grant• ing the Issuance of a Class "C" Beer/Liquor License to Yen Ching, Aragon Tap and L May; a Special Class "C" Liq• uor License to HuHot Mongolian Grill; and a Class "WBN" (Native Wine) License to Dubu• quo Humane Society Adoption Center and Kwik Stop Food Mart were adopted, PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone present to address the City Coun• • cit. Historic Shot Tower Rehabilitation Project - Phase h Proof of publl• cation on notice of public hearing to con• sider the plans and specifications, form of contract and estimated cost for the Historic Shot Tower Rehabilita• lion Project -Phase I antl City Manager rec- ommending 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 limit- ing discussion to the City Council. ACTION ITEMS Citizen Request: Re• quest of Lance Knabel, 1971 University, to ad• dress the Council re- garding parking in his neighborhood, Mr. Knabel asked City Council to consider changing the "No Stu- dent" parking In front of his house to "Resi- dential Only" parking. After responding to questions from- City Council, City Engineer Gus Psihoyos asked Mr. Knabel to contact the Engineering De- partment to consider a Residential Parking Permit District desig• nation for the area, Motion by Connors to receive and file the documents, Seconded by Braig. Motion car- ried 7-0, North Fork Catfish Creek Stormwater and Sanitary Sewer Recon• struction Project - Phase ill, City Manager recpmmentling that all bids recelvetl for the North Fark Catfish Creek Stormwater and Sanitary Sewer Regon• struction Project - Phase III be rejected and the project re-old at a later date. Motion by Braig to receive and file the documents and adopt Resolution No. 432.09 Rejecting all competitive bids for fhe North Fork Catfish Creek Stormwater and Sanitary Sewer Regon• 'struction Project - Phase IIh Seconded by Voetberg. Motion car• tied 7.0. Bicycle Ordinance; City Manager recom- mending approval of do ordinance related to the tlefinltion of bicy cles which will bring the Code of Ordinances In alignment with State law updates. Motion by tones to receive and file the documents and that the requirement that a proposed ordi- nange be considered, and voted on for pas- sage at two Council meetings prior to the; meeting at which it is_ to be passed be sus• pendetl; Seconded by i Resnick, Motion car- ried 7.0, Motion 6y Jones far fl• Hal consideration and passage of Ordinance No, 53.09 Arnentling the City of Dubuque Code of Ordinances Ti- tle 9 Motor Vehicles and Traffic; Chapter 1 General Provisions, Section 9.1.321,1 Defi•. Hiltons, by amending the definition of bicy- cle and motorized blcy cle or motor bicycle, Seconded by Connors, Motion carried 7.0, Panhandling Ordi• nonce; City Manager recommending appro- val of an ordinance which would prohibit' aggressive panhan• dling In the City of Du- buque. Motion by Connors to receive and file the documents and that the requirement that a pproposed ortli-, Hance he considered and voted on for pas- sage at two Council. meetings prior to the!. meeting at which it Is to be passed be sus-' pepdetl, Seconded by~i Braig, Motion carried 7.0. Motion by Connors for final conslderatlan and ~I passage of Ordinance No, 54.09 Amending Ti- tie 7 Police, Flre, antl Public Safety, Chapter, 5 Offenses, Article A General Offenses, of the City of Dubuque j Code of Ordinances by; bddln9 a new Section 7.5A•17 .Aggressive panhandling Prohl6lt- ed, defining and pro- hibiting aggressive panhandling, and pro• vltling penalties for the violation thereof. Seconded by Braig. Motion carried 7.0, February 15, 2010 City Council Meeting:.City Manager recemmentl- Ing that the City Coun- cil meeting scheduled for Tuesday, February 16, 2010 be changed to Monday, February '15, 2010 (President's Day). Motion by Janes to re- ceive antl file the tlocu• menu and that the re- quirement that a prp• posed ordinance bye considered antl 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 byJones forfi• Hal conslderatlan and passage of Qrdinance No. 55.09 Cfiangin~, the date for the second regular City ~Councl( meeting in February 2010 from February) i$, 2010 to February 15,' 2010. Seconded ,~by Braig, Motion carfled 7.0, COUNCIL MEMBER: REPORTS Resnick encouraged, cltizegs to vote oo- No• vember 3, 2009. `' There being nb fur• ther..business, upop motion the City Council ' adjourned at 723 p.m. /s/leanne F. Schneider, CMC, City Clerk . It 11/11 F IOWA {SS: COUNTY CERTIFICATION OF PUBLICATION :, a Billing Clerk for Woodward Communications, hic,, an Iowa blisher of the Telegraph Herald,a newspaper of general calculation e City of Dubuque, County of Dubuque and State of Iowa; hereby attached notice was published in said newspaper on the following er 11, 2009, and for which the charge is $163.32, P Subscribed to before m , Notary Public in nd for Dubuque County, Iowa, this // day of , 20 0~. otary Public in and for Dubuque County, Iowa. ~a'"~ s MARY K. WESTERMEYER ~f : Commission Number 154085 "`- My Comm. Exp. FEB t, 201 i ~~~,~_ tion No. 430-09 Grant ing the issuance of Class "C" Beer/Liquo License to Yen Ching Aragon Tap and L May;:. a Special Class "C" Liq- uor License to HuHot Mongolian Grill; and a Class "WBN" (Native Wine) License to Dubu- que Humane Society Adoption Center and Kwik Stop Food Mart were adopted. PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone present to address the City Coun- cil. Historic Shot Tower Rehabilitation Project - Phase I: Proof of publi- cation on notice of public hearing to con- sider the plans and specifications, form of contract and estimated cost for the Historic Shot Tower Rehabilita- tion Project - Phase I and City Manager rec- ommending 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 limit- ing discussion to the City Council. ACTION ITEMS Citizen Request: Re- quest of Lance Knabel, 1971 University, to ad- dress the Council re- garding parking in his neighborhood. Mr. Knabel asked City Council to consider changing the "No Stu- dent" parking in front of his house to "Resi- dential Only" parking. After responding to !questions from City Council City Engineer Section 9-1-321.1 Defi- nitions, by amending the definition of bicy- cle and motorized bicy- cle or motor bicycle. Seconded by Connors. Motion carried 7-0. Panhandling Ordi- nance: City Manager recommending appro- val of an ordinance which would prohibit aggressive panhan- dling in the City of Du- buque. Motion by Connors to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for pas- sage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Braig. Motion carried jaa STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: November 11, 2009, and for which the charge is $163.32. Subscribed to before m Notary Publicinnd for Dubuque County, Iowa, this /l-a day of �'L� , 20 07 . 1�TotofPublic in and for Dubuque County, q Iowa. MARY K. WESTERMEYER Commission Number 154885 • My Comm. Exp. FEB. 1, 2011 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, Voet- berg, 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 pro- vided by Sister Mary Ann Zollman of the Sis- ters of Charity, BVM Center. PROCLAMATIONS Philanthropy Day (No- vember 13, 2009) was accepted by Dan McCarthy, Greater Tri- State Chapter of the Association of Fund- raising Professionals, 1104 N. Clark Lane, Ga- lena, IL; Ruby Sutton Day (November 15, 2009) was accepted by Ruby Sutton and fami- ly, 861 Air Hill Street; Hospice Month (No- vember, 2009) was ac- cepted by Carole CaroII, Hospice of Du- buque, 2255 John F. Kennedy Road. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Connors. Jones requested (#12) Novogradac Communi- ty Development Foun- dation (NCDF) be held for separate discus- sion. Motion carried 7- 0. Minutes and Reports Submitted: Arts and Cultural Affairs Adviso- ry Commission of 8/25; City Council of 10/19; Civil Service Commis- sion of 9/8 and 10/6; Environmental Stew- ardship Advisory Com- mission of 10/6; Hous- ing Commission of 8/25; Housing Code Ap- peals Board of 9/15; Park and Recreation Commission of 10/13 Proofs of publication of City Council . Pro- ceedings of October 5, 2009 (Special Meeting and Regular Session) Upon motion the documents were re- ceived and filed. Notice of Claims/ Suits: Paul M. Olson for vehicle damage; Dan Boge for property dam- age; Dan Curler for loss of property; John - Ervolino , for property damage Upon motion the documents were re- ceived and filed and re- ferred to the City Attor- ney. City Attorney advising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assur- ance Pool: Dan Boge for property damage; Dan Curler' for loss of property; Joseph and Dixie Rubino for per- sonal injury City Attorney recom- mending settlement of the claim of John Ervolino for property damage Upon motion the documents were re- ceived, filed, and con- curred. Civil Service Commis- sion: Civil Service Com- mission submitting the certified list for the po- sition of Equipment Operator I. Upon mo- tion the document was received and filed and made a Matter of Re- cord. Northeast Iowa Small Business Development Center: Communica- tion verifying that Northeast Iowa Com- munity College of Calmar has contributed $10,000 to be made available to the North- east Iowa SBDC on July 1, 2008. Communication veri- fying that Northeast Io- wa Community College of Calmar has contrib- uted $10,000 to be made available to the Northeast Iowa SBDC on July 1, 2009. Upon motion the documents were re- ceived and filed. Washington Neigh- borhood Development Corporation (WNDC): City Manager recom- mending approval of a letter of support for a Washington Neighbor- hood Development Corporation grant ap- plication to the NeighborWorks Ameri- ca organization in the amount of $150,000. Upon motion the docu- ments were received, filed, and approved. Cleveland Avenue Re- construction Project: City Manager recom- mending acceptance of the Cleveland Avenue Reconstruction Project as completed by Horsfield Construction, Inc., in the final con- tract amount of $1,669,582.56 and adoption of the final schedule of assess- ments. Upon motion the documents were received and filed and Resolution No. 426-09 Accepting the Cleve- land Avenue Recon- struction Project - Bry- ant Street to Villa Street- and authorizing payment of the con- tract amount to the contractor and Resolu- tion No. 427-09 Adopt- ing the final assess- ment schedule for the Cleveland Avenue Re- construction Project - Bryant Street to Villa Street Project were adopted. Louise Lane Bridge Reconstruction Project: City Manager recom- mending acceptance of the Louise Lane Bridge Reconstruction Project as completed by Jim Schroeder Construc- tion, Inc., of Bellevue, Iowa, in the final con- tract amount of $215,630.30. Upon mo- tion the documents were received and filed and Resolution No. 428- 09 Accepting the Louise Lane Bridge Re- construction Project and authorizing pay- ment of the contract amount to the contrac- tor was adopted. Dubuque Regional Hu- mane Society: City Manager communica- tion to The Miccio Foundation in support of the Dubuque Region- al Humane Society's grant application for veterinary equipment for a spay and neuter clinic. Upon motion the document was re- ceived and filed. Renewal Rates - Vol- untary Dental Plan: City Manager recom- mending approval of the renewal rates for the City's voluntary dental plan. Upon mo- tion the documents were received, filed, and approved. Legislative Corre- spondence: Correspon- dence to Senator Tom Harkin and Senator Charles Grassley re- questing that they co- sponsor the Communi- ty Restoration and Re- vitalization Act, which updates the Historic Tax Credit and would provide greater oppor- tunities for the reuse of historic and older buildings. Upon motion the documents were received and filed. Mediacom: Communi- cation from Lee Grassley, Mediacom Senior Manager - Gov- ernment Relations, ad- vising of upcoming channel changes. Upon motion the document was received and filed. Novogradac Commun- ity Development Foun- dation (NCDF): Notifi- cation from the Novogradac Communi- ty Development Foun- dation (NCDF) that City Manager Michael C. Van Milligen has been named the Public Exec- utive of the Year. Mo- tion by Jones to receive and file the documents. Seconded by Connors. Council Member Jones - congratulated the City Manager on behalf of the City Council. Mo- tion carried 7-0. Online Employment Application Vendor: City Manager recom- mending ,approval of a contract with NeoGov to provide enhanced. online employee appli- cation services. Upon motion the documents were received, filed, and approved. KeyLine Transit Board: Communication from John Curtis sub- mitting his resignation from the KeyLine Transit Board due to his relocation out of State. Upon motion the documents were re- ceived and filed and the resignation accept- ed. Unified Therapy Serv- ices: Communication from Sarah Bieder- mann, Director of Mar- keting and Billing for Unified Therapy Serv- ices, 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 Intergov- ernmental Association: Communication from Kelley Hutton Deut- meyer, East Central In- tergovernmental Asso- ciation, 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 Colle- ge's shuttle route. Upon motion the docu- ment was received and filed. Quarterly Investment' Report: City Manager transmitting the Sep- tember 30, 2009 Quar- terly Investment Re- port. Upon motion the documents were re- ceived and filed. Community Develop- ment Advisory Com- mission: City Manager recommending appro-• val of the appointment of Char Eddy as the Housing Commission Liaison to the Com- munity Development Advisory Commission. Upon motion the docu- ments were received, filed, and approved. Liquor License Re- fund: Request of Bever- ly Larsen, Denny's Lux Club, requesting a re- fund of her Beer/Liquor License. Upon motion the document was re- ceived and filed and the refund approved. Liquor License Appli- cations: City Manager recommending appro- val of annual liquor li- cense renewals as sub- mitted. 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 Resolu- tion No. 430-09 Grant- ing the issuance of a Class "C" Beer/Liquor License to Yen Ching, Aragon Tap and L May; a Special Class "C" Liq- uor License to HuHot Mongolian Grill; and a Class "WBN" (Native Wine) License to Dubu- que Humane Society Adoption Center and Kwik Stop Food Mart were adopted. PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone present to address the City Coun- cil. Historic Shot Tower Rehabilitation Project - Phase I: Proof of publi- cation on notice of public hearing to con- sider the plans and specifications, form of contract and estimated cost for the Historic Shot Tower Rehabilita- tion Project - Phase I and City Manager rec- ommending 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 limit- ing discussion to the City Council. ACTION ITEMS Citizen Request: Re- quest of Lance Knabel, 1971 University, to ad- dress the Council re- garding parking in his neighborhood. Mr. Knabel asked City Council to consider changing the "No Stu- dent" parking in front of his house to "Resi- dential Only" parking. After responding to questions from City Council, City Engineer Gus Psihoyos asked Mr. Knabel to contact the Engineering De- partment to consider a Residential Parking Permit District desig- nation for the area. Motion by Connors to receive and file the documents. Seconded by Braig. Motion car- ried 7-0. North Fork Catfish Creek Stormwater and Sanitary Sewer Recon- struction Project - Phase III. City Manager recommending that all bids received for the North Fork Catfish Creek Stormwater and Sanitary Sewer Recon- struction 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 Recon- struction Project - Phase III. Seconded by Voetberg. Motion car- ried 7-0. Bicycle Ordinance: City Manager recom- mending approval of an ordinance related to the definition of bicy- cles 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 ordi- nance be considered and voted on for pas- sage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Resnick. Motion car- ried 7-0. Motion by Jones for fi- nal consideration and passage of Ordinance No. 53-09 Amending the City of Dubuque Code of Ordinances Ti- tle 9 Motor Vehicles and Traffic, Chapter 1 General Provisions, Section 9-1-321.1 Defi- nitions, by amending the definition of bicy- cle and motorized bicy- cle or motor bicycle. Seconded by Connors. Motion carried 7-0. Panhandling Ordi- nance: City Manager recommending appro- val of an ordinance which would prohibit aggressive panhan- dling in the City of Du- buque. Motion by Connors to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for pas- sage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Braig. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 54-09 Amending Ti- tle 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 Prohibit- ed, defining and pro- hibiting aggressive panhandling, and pro- viding penalties for the violation thereof. Seconded by Braig. Motion carried 7-0. February 15, 2010 City Council Meeting: City Manager recommend- ing that the City Coun- cil meeting scheduled for Tuesday, February 16, 2010 be changed to Monday, February 15, 2010 (President's Day). Motion by Jones to re- ceive and file the docu- ments and that the re- quirement that a pro- posed 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 fi- nal 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 No- vember 3, 2009. There being no fur- ther business, upon motion the City Council adjourned at 7:23 p.m. /s/Jeanne F. Schneider, CMC, City Clerk it 11/11 Subscribed to this /Yf1 JF IOWA {SS: UE COUNTY CERTIFICATION OF PUBLICATION .e, a Billing Clerk for Woodward Communications, Inc., an Iowa ublisher of the Telegraph Herald,a newspaper of general circulation se City of Dubuque, County of Dubuque and State of Iowa; hereby attached notice was published in said newspaper on the following ler 11, 2009, and for which the charge is $163.32. ,- before m , Notary Public in nd for Dubuque County, Iowa, day of , 20 07 . otary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm.Exp. FEB.1, 2011