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