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Proof of Publication_City Council Proceedings 1 4 10CITY 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 Build- ing. Present: Mayor Buol, Council Members Braig, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen, City Attorney Lindahl Absent: Council Member 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 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 Rever- end Tim Bees, 1401 Henion Street. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Braig. Motion carried 6 -0. Minutes and Reports Submitted: City Coun- cil of 12/21; Com- munity Development Advisory Commission of 12/2 and 12/16 Proofs of publication of City Council Pro- ceedings of December 7 and 10, 2009 and Lists of Claims and Sum- mary of Revenues for month ended Novem- ber 30, 2009. Upon motion the documents were received and filed. Notice of Claims/ Suits: Richard L. Hanson for vehicle damage; Anna Para - diso for vehicle damage; Ron and Ann Exclusivley A departure 1 srefo afritheit 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 tho /nno r,,..,nrotio.,_ art technology, sporty !rior, the Kia Sorento is 'veryone wants to drivE node in America. STATE OF IOWA {SS: DUBUQUE COUNTY this /3r5 day of CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Comununications, 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: January 13, 2010, and for which the charge is $164.38. Subscribed to before me Public in and for Dubuque County, Iowa, G , 20 /0 . Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm Exp FEB. 1, 2011 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: January 13, 2010, and for which the charge is $164.38. Subscribed to before me Notary Public in and for Dubuque County, Iowa, this 1305 day of , 20/o . 772 .f.(_LZ<_,,7_4‘ Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm. Exp. FEB. 1. ?O11 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 Build- ing. Present: Mayor Buol, Council Members Braig, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen, City Attorney Lindahl Absent: Council Member 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 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 -Tern David T. Resnick by Mayor Roy D. Buol PROCLAMATION Martin Luther King Days (January 17 and 18) was accepted by Faces and Voices representative Rever- end Tim Bees, 1401 Henion Street. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Braig. Motion carried 6-0. Minutes and Reports Submitted: City Coun- cil of 12/21; Com- munity Development Advisory Commission of 12/2 and 12/16 Proofs of publication of City Council Pro- ceedings of December 7 and 10, 2009 and Lists of Claims and Sum- mary of Revenues for month ended Novem- ber 30, 2009. Upon motion the documents were received and filed. Notice of Claims/ Suits: Richard L. Hanson for vehicle damage; Anna Para- diso 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 24th Street requesting that their street be put on the odd/even snow route. Upon motion the document was re- ceived, filed, and referred to the City Manager. North Fork Trails Subdivision: City Mana- ger 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 appro- val 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 Comprehen- sive Annual Financial Report (CAFR). Upon motion the documents were received and filed. 28E Agreement - Collection of Parking Tickets: City Manager recommending appro- val of a 28E Agreement between the City of Dubuque and the Dubuque County Trea- surer'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 Ameri- can City & County magazine. Upon mo- tion the document was received and filed. Request for Proposals - Transit Bus Wrap Advertisement: City Manager recommend- ing approval to issue a Request for Proposals for KeyLine Transit bus wrap advertisement. Upon motion the documents were re- ceived, filed, and approved. Community Access Preservation (CAP) Act of 2009: City Manager recommending that the City support the Com- munity Access Preser- vation (CAP) Act of 2009 (HR 3745) by making this a federal legislative ati' g ve priority. Upon motion the documents , were re- ceived, filed, and approved. LSC Transportation Consultants, Inc. - Comprehensive Opera- tional Analysis Report: City Manager transmit- ting the Comprehen- sive Operational Analy- sis Report as com- pleted by LSC Trans- portation Consultants, Inc. regarding the KeyLine Transit sys- tem. Upon motion the documents were received and filed. Loras College Usage Agreement: City Man- ager 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 Mana- ger recommending approval of the Usage Agreement with Clarke.. College for the use of Veterans' Memorial Park Field #2. Upon motion 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 Hold- ers: City Manager re- commending approval of the Acknowledge- ment / Settlement I 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 compli- ance 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 Hold- ers: City Manager re- commending approval of the Acknowledge- ment ed e ment / Settlement Agreements for a first offense alcohol compli- ance 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 Achiev- able Inspections: City Manager transmitting a report on ADA Read- ily Achievable Inspec- tions. Upon motion the documents were received and filed. Legislative Corres- pondence: Correspon- dence to State Legis- lators requesting their support and assistance in amending Iowa's state video franchising aw. Upon motion the documents were received and filed. Enterprise Zone Com- mission Appointments: City Manager recom- mending confirmation of three appointments to the City's Enterprise Zone Commission. Up- on motion the docu- ments were received and filed and the appointments con- firmed. Signed Contracts: Miller & Van Eaton Coalition Agreement and Amendment to the Service Agreement with IIW for the Miller Riverview Park Expan- sion - 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 refund approved. Liquor License Applications: City Man- ager 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 Class "B" (Hotel/ Motel) Liquor License to Champps Ameri- cana; 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 recom- mending that a public hearing be set for February 16, 2010 to consider the Fiscal a Year 2011 Community t Development Block c Grant (CDBG) Annual Action Plan. Upon r motion the documents c were received and filed and Resolution No. 6-10 Setting a public C hearing on the Fiscal i Year 2011 (Program i Year 2009) Communit Development Bloc Grant (CDBG) Annua Action Plan wa adopted setting public hearing for meeting to commenc at 6:30 p.m. o February 16, 2010 i the Historic Federa Building. PUBLIC HEARINGS Upon motion the rule were suspended allow ing anyone present to address the City Council General Obligation Urban Renewal Bonds: Proof of publication on notice of public hear- ing to consider the issuance of not to exceed $2,500,000 Gen- eral Obligation Urban Renewal Bonds and City Manager recom- mending approval. Mo- tion by Lynch to re- ceive and file the docu- ments and adopt Reso- lution No. 7-10 Insti- tuting .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 th.e City Council: Request of Jason Emanuelson to address the City Council regard- ing Mediacom. Motion by. Lynch to receive and file the informa- tion. Seconded by Braig. Jason Emanuel - son, 3704 Pennsylvania Avenue, spoke regard- ing his belief that the City and Mediacom should explore a broader partnership Motion carried 6-0. Channel 17 Manage- ment: City Manager re- commending 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 ap- prove the recommen- dation. Seconded by Braig. Motion carried 6-0. Transit Management Services - Request for Proposals: City Mana- ger recommending ap- proval of the issuance of a Request for Pro- posals for Transit Man- gement Services. Mo- ion by Lynch to re- eive and file the docu- ments and approve the ecommendation. Se- onded by Braig. Motion carried 6-0. Cell Phone Ordinance: ity Attorney request- ng direction on some ssues regarding a cell y phone ordinance. Mo- k tion by Lynch to re - I ceive and file the docu- s ments. Seconded by a Resnick. Council Mem- a bers discussed con- e cams regarding public " � - n safety, enforcement n issues, and haste in I drafting a proposed NTY ordinance. Council di- rected the City Attar- s ney to include the ban- - ping of texting, con - {SS: inue to explore the TION OF PUBLICATION banning of all elec- tronic devises, and con- sider exceptions for hands -free and GPS de- vices and genuine calls for emergency service. Motion carried 6-0. lerk for Woodward Communications, Inc., an Iowa City Council Appoint- ments: Communication D Telegraph Herald,a newspaper of general circulati9n from M. Thomas Sto- vall, Operative Direvttor ew )uque, County of Dubuque and State of Iowa; hereby View Community Ac-ce was published in said newspaper on the following tion Agency, request- ing that the City make 1 for which the charge is $164.38. appointments to the Board of Directors at the first meeting in January 2010 (currently City Council Members Ric Jones and David Resnick), and a repre- sentative 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 ap- prove the current list of appointments. Seconded Motion carri d 6 o rang' (Votary Public in and for Dubuque County, Iowa, COUNCIL MEMBER REPORTS P74-6C�A� �/ Resnick reported on the retirement of local musician and radio personality Paul Hemmer and the passing of local 7 theatrical performer Sue Lynch Huerta. There being no further business, upon motion the City Council adjourned at 7:43 PM. /s/Jeanne F. Schneider, CMC, City Clerk It 1/13 , 20/D Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm. Exp. FEB. 1, 2011