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Minutes_City Council Proceedings 1 4 10Absent: Council Member Connors CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 PM on January 4, 2010 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen, City Attorney Lindahl 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 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 PROCLAMATION Martin Luther King Days (January 17 and 18) was accepted by Faces and Voices representative Reverend Tim Bees, 1401 Henion Street. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Braig. Motion carried 6 -0. 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. Upon motion the documents were received and filed. Notice of Claims /Suits: Richard L. Hanson for vehicle damage; Anna Paradiso for vehicle damage; Ron and Ann Burds for vehicle damage; Arthur Cotton for vehicle damage; Sally A. Lang (for Courtney Meyer) for vehicle damage; Cheryl Ludovissy for vehicle damage: Upon motion the documents were received, filed, and referred to the City Attorney. City Attorney advising that the following claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Anna Paradiso for vehicle damage. Upon motion the document was received, filed, and concurred Citizen Petition: Petition from the citizens of East 24 Street requesting that their street be put on the odd /even snow route. Upon motion the document was received, filed, and referred to the City Manager. 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. Upon motion the documents were received and filed and Resolution No. 1 -10 Approving public improvements in North Fork Trails — Lots 10 through 18 and Lots A and B was adopted. 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. Upon motion the documents were received and filed and Resolution No. 8 -10 Approving plat of survey of Sisters of St. Francis Place in the City of Dubuque, Dubuque County, Iowa, was adopted. Comprehensive Annual Financial Report (CAFR): City Manager transmitting the 2009 Comprehensive Annual Financial Report (CAFR). Upon motion the documents were received and filed. 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. Upon motion the documents were received, filed, and approved. Crown Communities Press Release: Press release announcing that the City of Dubuque has been named a 2009 "Crown Community" by American City & County magazine. Upon motion the document was received and filed. Request for Proposals — Transit Bus Wrap Advertisement: City Manager recommending approval to issue a Request for Proposals for KeyLine Transit bus wrap advertisement. Upon motion the documents were received, filed, and approved. 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. Upon motion the documents were received, filed, and approved. 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. Upon motion the documents were received and filed. Loras College Usage Agreement: City Manager recommending approval of the Usage Agreement with Loras College for the use of Petrakis Park. Upon motion the documents were received and filed and Resolution No. 2 -10 Approval of Usage Agreement with Loras College for use of Petrakis Park was adopted. Clarke College Usage Agreement: City Manager recommending approval of the Usage Agreement with Clarke College for the use of Veterans' Memorial Park Field #2. Upon motion 2 the documents were received and filed and Resolution No. 3 -10 Approval of Usage Agreement with Clarke College for use of Veterans' Memorial Park Field #2 was adopted. 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. Upon motion the documents were received, filed, and approved setting a penalty hearing for a meeting to commence at 6:30 PM on February 1, 2010 in the Historic Federal Building. Alcohol Compliance — Civil Penalties for Alcohol License Holders: City Manager recommending approval 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. Upon motion the documents were received, filed, and approved setting a penalty hearing for a meeting to commence at 6:30 PM on February 1, 2010 in the Historic Federal Building. ADA Readily Achievable Inspections: City Manager transmitting a report on ADA Readily Achievable Inspections. Upon motion the documents were received and filed. Legislative Correspondence: Correspondence to State Legislators requesting their support and assistance in amending Iowa's state video franchising law. Upon motion the documents were received and filed. Enterprise Zone Commission Appointments: City Manager recommending confirmation of three appointments to the City's Enterprise Zone Commission. Upon motion the documents were received and filed and the appointments confirmed. Signed Contracts: Miller & Van Eaton Coalition Agreement and Amendment to the Service Agreement with IIW for the Miller Riverview Park Expansion Project. Upon motion the documents were received and filed. 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. Upon motion the documents were received and filed, and the refunds 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. 4 -10 Granting the issuance of a Class "B" Beer Permit to Pizza Hut #4691 and #4690; and a Class "C" Beer Permit to Hartig Drug; and Resolution No. 5 -10 Granting the issuance of a 3 Class "B" (Hotel /Motel) Liquor License to Champps Americana; Class "C" Beer /Liquor License to Breezers Pub and The Screaming Eagle Bar; and a Class "B" Wine Permit to Hartig Drug #4 were adopted. ITEM TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the document, adopt the resolution, set the public hearing as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Voetberg. Motion carried 6 -0. 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. Upon motion the documents were received and filed and Resolution No. 6 -10 Setting a public hearing on the Fiscal Year 2011 (Program Year 2009) Community Development Block Grant (CDBG) Annual Action Plan was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on February 16, 2010 in the Historic Federal Building. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council 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. Motion by Lynch to receive and file the documents and adopt Resolution No. 7 -10 Instituting proceedings to take additional action for the issuance of not to exceed $2,500,000 General Obligation Urban Renewal Bonds. Seconded by Jones. Motion carried 6 -0. Upon motion the rules were suspended limiting discussion to the City Council. ACTION ITEMS Request to Address the City Council: Request of Jason Emanuelson to address the City Council regarding Mediacom. Motion by Lynch to receive and file the information. Seconded by Braig. Jason Emanuelson, 3704 Pennsylvania Avenue, spoke regarding his belief that the City and Mediacom should explore a broader partnership Motion carried 6 -0. 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. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Braig. Motion carried 6 -0. Transit Management Services — Request for Proposals: City Manager recommending approval of the issuance of a Request for Proposals for Transit Management Services. Motion by Lynch to receive and file the documents and approve the recommendation. Seconded by Braig. Motion carried 6 -0. 4 Cell Phone Ordinance: City Attorney requesting direction on some issues regarding a cell phone ordinance. Motion by Lynch to receive and file the documents. Seconded by Resnick. Council Members discussed concerns regarding public safety, enforcement issues, and haste in drafting a proposed ordinance. Council directed the City Attorney to include the banning of texting, continue to explore the banning of all electronic devises, and consider exceptions for hands -free and GPS devices and genuine calls for emergency service. Motion carried 6 -0. 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. Motion by Lynch to receive and file the documents and approve the current list of appointments. Seconded by Braig. Motion carried 6 -0. Resnick reported on the retirement of local musician and radio personality Paul Hemmer and the passing of local theatrical performer Sue Lynch Huerta. There being no further business, upon motion the City Council adjourned at 7:43 PM. It 1/13 COUNCIL MEMBER REPORTS /s /Jeanne F. Schneider, CMC City Clerk 5