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
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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
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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.
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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
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