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1 4 10 Clerk's Skeleton NotesCITY COUNCIL REGULAR SESSION, JANUARY 4, 2010 COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL BUILDING ~ `. ,- PRESS T: MAYOR BI~OL, COUNCIL MEMBERS B~RAIG, CO ORS, J~IES, LYNC , RESN ~K, VOET,~ERG 1 CITY MANAGER VAN~MILLIGEN; CITY ATTORNEY/ LINDAHL ABSENT: Connors 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: Father John Haugen, Loras College SWEARING IN Mayor Roy D. Buol by City Clerk Jeanne F. Schneider City Council Member At-Large Ric Jones by Mayor Roy D. Buol City Council Member First Ward Kevin Lynch by Mayor Roy D. Buol Mayor Pro-Tem David T. Resnick by Mayor Roy D. Buol ` / //~ PROCLAMATIONS: Martin Luther King Days ,~2~~'~ ~~~~ ~~~,~'~ /~' CONSENT ITEMS 1. 2. 3. yes %' Resnick 1/, ~ Voetberg // ~raig / i Buol C, rr r`s Jones I' Lynch ,,~0 ~i' Minutes and Reports Submitted City Council of 12/21; Community Development Advisory Commission of 12/2 and 12/16 Proofs of publication of City Council Proceedings of December 7 and 10, 2009 and Lists of Claims and Summary of Revenues for month ended November 30, 2009. Suggested Disposition: Receive and File Notice of Claims/Suits Richard L. Hanson for vehicle damage; Anna Paradiso for vehicle damage; Ron and Ann Burds for vehicle damage; Arthur Colton for vehicle damage; Sally A. Lang (for Courtney Meyer) for vehicle damage; Cheryl Ludovissy for vehicle 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: Anna Paradiso for vehicle damage Suggested Disposition: Receive and File; Concur Citizen Petition Petition from the citizens of East 24t" Street requesting that their street be put on the odd/even snow route. Suggested Disposition: Receive and File; Refer to City Manager Nays 2 4. North Fork Trails Subdivision City Manager recommending acceptance of the public improvements on Keymont Drive which the developer, 4-ALL, LLC, has recently completed in North Forks Trails -Lots 10 through 18 and Lots A and B. RESOLUTION r'~ ~ ~ Approving public improvements in North. Fork Trails - Lots 10 through 18 and Lots A and B Suggested Disposition: Receive and File; Adopt Resolution 5. Plat of Survey -Sisters of St. Francis Place City Manager recommending approval of the plat of survey of Sisters of St. Francis Place as requested by the Sisters of St. Francis. c~ -`~ RESOLUTION Approving plat of survey of Sisters of St. Francis Place in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution 6. Comprehensive Annual Financial Report (CAFR) City Manager transmitting the 2009 Comprehensive Annual Financial Report (CAFR). Suggested Disposition: Receive and File 7. 28E Agreement -Collection of Parking Tickets City Manager recommending approval of a 28E Agreement between the City of Dubuque and the Dubuque County Treasurer's Office for the collection of unpaid parking tickets. Suggested Disposition: Receive and File; Approve Ayes Nays Resnick Voetberg Braig Buol Connors Jones Lynch 3 8. Crown Communities Press Release Press release announcing that the City of Dubuque has been named a 2009 "Crown Community" by American City & County magazine. Suggested Disposition: Receive and File 9. Request for Proposals -Transit Bus Wrap Advertisement City Manager recommending approval to issue a Request for Proposals for KeyLine Transit bus wrap advertisement. Suggested Disposition: Receive and File; Approve 10. Community Access Preservation (CAP) Act of 2009 City Manager recommending that the City support the Community Access Preservation (CAP) Act of 2009 (HR 3745) by making this a federal legislative priority. Suggested Disposition: Receive and File; Approve 11. LSC Transportation Consultants, Inc. -Comprehensive Operational Analysis Report City Manager transmitting the Comprehensive Operational Analysis Report as completed by LSC Transportation Consultants, Inc. regarding the KeyLine Transit system. Suggested Disposition: Receive and File 12. Loras College Usage Agreement City Manager recommending approval of the Usage Agreement with Loras College for the use of Petrakis Park. RESOLUTION ~'' ~~ Approval of Usage Agreement with Loras College for use of Petrakis Park Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Resnick Voetberg Braig Buol Connors Jones Lynch 4 13. Clarke College Usage Agreement City Manager recommending approval of the Usage Agreement with Clarke College for the use of Veterans' Memorial Park Field #2. RESOLUTION .~" /~ Approval of Usage Agreement with Clarke College for use of Veterans' Memorial Park Field #2 Suggested Disposition: Receive and File; Adopt Resolution 14. Tobacco Compliance -Civil Penalties for Tobacco License Holders City Manager recommending approval of the Acknowledgement /Settlement Agreements for a first offense civil tobacco compliance penalty regarding Iowa Code § 453A.22 (2) to McCann's Service, 690 West Locust Street, and a second offense civil tobacco compliance penalty to Econo Foods, 3355 John F. Kennedy Circle, and Casey's General Store #2420, 2699 Rockdale Road; and scheduling civil penalty hearings for February 1, 2010 on a second offense for Oky Doky, 1256 Iowa Street and a third offense for Road Ranger, 2175 Central Avenue. Suggested Disposition: Receive and File; Approve; Penalty Hearing 2/1/10 15. Alcohol Compliance -Civil Penalties for Alcohol License Holders City Manager recommending approve of the Acknowledgement /Settlement Agreements for a first offense alcohol compliance violation for first offense violation for The Dog House Lounge, 1646 Asbury Road, Family Mart, 3201 Central Avenue, Champps Americana, 3100 Dodge Street, Beecher Beverage, 1691 Asbury Road, Wal- Mart, 4200 Dodge Street, Paul's Tavern, 176 Locust Street, Econo Foods, 3355 John F. Kennedy Circle, The Grand Tap, 802 Central Avenue, Neighbor's Tap, 1899 Rockdale Road; and second offense violation for Oky-Doky, 1256 Iowa Street and Road Ranger, 2175 Central Avenue and setting second offense civil penalty hearings for February 1, 2010 for Oky Doky, 1256 Iowa Street and Road Ranger, 2175 Central Avenue. Suggested Disposition: Receive and File; Approve; Penalty Hearing 2/1/10 Ayes Nays Resnick Voetberg Braig Buol Connors Jones Lynch 5 16. ADA Readily Achievable Inspections City Manager transmitting a report on ADA Readily Achievable Inspections. Suggested Disposition: Receive and File 17. Legislative Correspondence Correspondence to State Legislators requesting their support and assistance in amending Iowa's state video franchising law. Suggested Disposition: Receive and File 18. Enterprise Zone Commission Appointments City Manager recommending confirmation of three appointments to the City's Enterprise Zone Commission. Suggested Disposition: Receive and File; Confirm 19. Signed Contracts -- Miller & Van Eaton Coalition Agreement -- Amendment to the Service Agreement with IIW for the Miller Riverview Park Expansion Project Suggested Disposition: Receive and File 20. Business License Refunds Request of Steven E. Brooks, Road Ranger,, LLC, for a refund of $50.00 for the unused cigarette license for Road Ranger #160 and Road Ranger #161. Suggested Disposition: Receive and File; Approve Refund Ayes Nays Resnick Voetberg Braig Buol Connors Jones Lynch 6 21. Liquor License Applications City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION ~ Granting the issuance of a Class "B" Beer Permit to Pizza Hut #4691 and #4690; and a Class "C" Beer Permit to Hartig Drug RESOLUTION -j Granting the issuance of a Class "B" (Hotel/Motel) Liquor License to Champps Americana; Class "C" Beer/Liquor License to Breezers Put and The Screaming Eagle Bar; and a Class "B" Wine Permit to Hartig Drug #4 Suggested Disposition: Receive and File; Adopt Resolutions Ayes Nays Resnick Voetberg Braig Buol Connors Jones Lynch 7 ITEM TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. Fiscal Year 2011 Annual Action Plan City Manager recommending that a public hearing be set for February 16, 2010 to consider the Fiscal Year 2011 Community Development Block Grant (CDBG) Annual Action Plan. RESOLUTION ~ Setting a public hearing on the Fiscal Year 2011 (Program Year 2009) Community Development Block Grant (CDBG) Annual Action Plan Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 2/16110 Ayes Nays /- ~ Resnick ~; /~~1/oetberg ;; Braig ` Buol / ,: ors f- Jones ~~ Lynch 8 ~ 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. I SUSPEND THE RULES ~ ~ L Resnick ~- Voetberg ~ raig ~ % l` Buol , ,~ % ~r~ITfVIS Jones Lynch Ayes ,//, Nays ~ 1. General Obligation Urban Renewal Bonds Proof of publication on notice of public hearing to consider the issuance of not to exceed $2,500,000 General Obligation Urban Renewal Bonds and City Manager recommending approval. RESOLUTION ~ Instituting proceedings to take additional action for the issuance of not to exceed $2,500,000 General Obligation Urban Renewal Bonds Suggested Disposition: Receive and File; Adopt Resolutio Ayes N: ~ Resnick Voetberg `/ Braig /'~ Buol ,~ , - rs ,~~ Jones ~ Lynch REINSTATE THE RULES This action limits discussion to the City Council. ~AJyes i/ .~ ~, ,~ I G Nays Resnick Voetberg Braig Buol tears Jones ~ynch 9 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. Request to Address the City Council ~/ Request of Jason Emanuelson to address the City Council regarding Mediacom. Suggested Disposition: Receive and File; Council Ayes Nays ~J ,~ ~~ Resnick ' ~~ Voetberg ~% ~~raig Buol C~e~rrfors ,/ ` 'Jones /)Lynch /~; ~ 2. Channel 17 Management (~' City Manager recommending approval for Loras College to take over the day-to-day management and operation of Dubuque's shared educational channel, Channel 17. Suggested Disposition: Receive and File; Approve Ayes ~~ Resnick ,/,. Voetberg ~ ; ~ Braig ~' Buol s J ~~ ~ Jones ~ ~ Lynch ;~'~~~ ~, ~"Q ~~ 1 ~~~ 10 N~J~/~rt~l~r~/~ y~y,1 R /1`,~,yLN c ~/f~'rv ~n~ f ~VP4~ ,~ I~~JylV V~i C~ g nYI Ur ~^~ ~^ u BJ /, ~~ ,~ 'I 3. Transit Management Services -Request for Proposals City Manager recommending approval of the issuance of a Request for Proposals for Transit Management Services. Suggested Disposition: Receive and File; Approve Ayes Nays ,/ Resnick ~,/~ Voetberg Braig ~` Buol dl`s ~ ~ Jones ~ ~~) Lynch 11 4. Cell Phone Ordinance City Attorney requesting direction on some issues regarding a cell phone ordinance. J Suggested Disposition: Receive and File; Council ~ .~ /Ay /, ~~Resnick ~: Voetberg .. Braig Buol Cis Jones ~) Lynch Nays /],~~ 5. City Council Appointments / Communication from M. Thomas Stovall, Executive Director of Operation: New View Community Action Agency, requesting that the City make appointments to the Board of Directors at the first meeting in January 2010 (currently City Council Members Ric Jones and David Resnick), and a representative appointed by the City Manager. Mayor and City Council appointments to various Boards and Commissions. Suggested Disposition: Receive and File; Council Appointments A es Nays y~ ^~' Resnick ,~ ~~ v~~ ~~ Voetberg , ~ ~ ; ~~Braig ' I ,~ Buol ', lJ ~~ / -G~r~ers ,/ Jones G ~' /Lynch ~- , LCD ~" ~, ~ ~z~ COUNCIL MEMBER REPORTS / /" ~~' ~ ~ ~~/ ,~21~~~ ~ ~ 12 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. 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