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12 02 02 Agenda - No IconsCITY OF DUBUQUE, IOWA CITY COUNCIL MEETING MONDAY, DECEMBER 2, 2002 6:30 P.M. LIBRARY AUDITORIUM INVOCATION Sister Lynn Wagner, PBVM, Director of the Dubuque Food Pantry CONSENTITEMS The consent agenda items are considered to be routine and non-controversial and all consent items will be normally voted upon in a single motion without any separate discussion on a particular item. If you would like to discuss one of the Consent Items, please go to the microphone and be recognized by the Mayor and state the item you would like removed from the Consent Agenda for separate discussion and consideration. Minutes Submitted Cable Community Teleprogramming Commission of 11/12; Cable TV Regulatory Commission of 11/13; City Council of 11/18 and 11/25; Electrical Code Board of 8/30 and 11/18; Historic Preservation Commission of 11/19; Housing Code Appeals Board of 10/15 and 11/19; Housing Commission Trust Fund Committee of 10/29; Human Rights Comm ission of 10/14 Proof of publication of City Council Proceedings of November 4, 2002 Suggested Disposition: Receive and File Notice of Claims/Suits Steven M. Ferring for property damage; Russell J. Fuhrman for property damage; Terry Gross for vehicle damage; Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report Corporation Counsel advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Terry Gross for vehicle damage Corporation Counsel recommending denial of the claims of Mary M. Asbell for property damage; Steve Kafar for vehicle damage; and Dean Mattoon for vehicle damage. Corporation Counsel recommending that the claim of Steven Ferring for property damage be approved for payment and that the Finance Director issue check. Suggested Disposition: Receive and File; Concur; Finance Director to Issue Check = = = = = Citizen Communications Communication from Jessica Barnes regarding musical performances at the Muddy Waters Coffee Shop. Communication from Bob Woodward, ArTS Dubuque, requesting that the City provide financial support for the operating budgets of the Dubuque Grand Opera House, Dubuque Museum of Art and Dubuque Symphony Orchestra for the year 2003. Suggested Disposition: Receive and File; Refer to the City Manager Community Development Advisory Commission Communication from Dan Shireman submitting his resignation from the Community Development Advisory Commission. Suggested Disposition: Receive and File; Accept Resignation Code of Ordinance Supplement No. 56 City Manager recommending adoption of Supplement No. 56 to the City of Dubuque Code of Ordinances. RESOLUTION Adopting Supplement No. 56 to the Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Star Brewery Building Metal Addition and Wood Shed - Request to Demolish Communication from the Historic Preservation Commission recommending that the request of the City of Dubuque to demolish a metal addition to the Star Brewery Building and a wood shed be approved. Suggested Disposition: Receive and File; Approve Bell BlocldZiepprecht Buildings One-Story Rear Addition - Request to Demolish Communication from the Historic Preservation Commission recommending that the request of Dubuque Bank and Trust to demolish a one-story rear addition for planned rehabilitation of the Bell Block and Zieppracht buildings be approved. Suggested Disposition: Receive and File; Approve Flora Pool and Sutton Pool Water Playground Project City Manager recommending acceptance of the Flora Pool and Sutton Pool Water Playground Project in the final contract amount of $758,045.50. RESOLUTION Accepting improvement RESOLUTION Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions 2 10. 11. 12. 13. 14. Comiskey Building Construction Project City Manager recommending acceptance of the Comiskey Building Construction Project in the final contract amount of $381,015.99. RESOLUTION Accepting improvement RESOLUTION Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions Appeal of FCC's Pasadena Franchise Fee Decision City Manager recommending that the City contribute $5,000 to support a coalition of cities, the National League of Cities and NATOA in a court appeal of the FCC's Pasadena franchise fee decision. Suggested Disposition: Receive and File; Approve Ice Harbor West Road and Trail Construction Project City Manager recommending that Resolution #491-02 Awarding contract for the Ice Harbor West Road and Trail Construction Project be amended to correct the amount of the contract. RESOLUTION Amending Resolution #491-02 Awarding Contract for the Ice Harbor West Road and Trail Construction Project Suggested Disposition: Receive and File; Adopt Resolution Dubuque Voluntary Annexation Communication from the Iowa Department of Economic Development advising that the City Development Board has approved the voluntary annexation petition from the Grandview Avenue United Methodist Chumh as submitted by the City of Dubuque. Suggested Disposition: Receive and File Sign Agreement with Cooper Acquisition L.L.C. (Bricktown) City Manager recommending approval of an agreement with Cooper Acquisition L.L.C. (Bricktown) for the installation of a sign located in Bricktown's parking lot which would include a Port of Dubuque directional sign, a Bricktown parking sign, and an electronic reader board for advertising public events and Bricktown events. Suggested Disposition: Receive and File; Approve Audubon Ark Project City Manager recommending approval of a combined notice of finding of no significant impact on the environment and notice of intent to request release of funds for the Audubon Ark project. RESOLUTION Authorizing publication of a combined notice of finding of no significant impact on the environment and notice of intent to request release off funds for Audubon Ark Project Suggested Disposition: Receive and File; Adopt Resolution 3 15. 16. 17. 18. 19. 20. Five Flags Civic Center Computer Software City Manager recommending approval of the pumhase of scheduling software for the Five Flags Center that is the same as the new conference and education center. Suggested Disposition: Receive and File; Approve Potential Rezoning - Tollbridge Inn Property Communication from Bob Eichman regarding the potential rezoning of the present Tollbridge Inn property for the purpose of building a condominium complex. Suggested Disposition: Receive and File Phase IV Historical/Architectural Survey Grant Agreement City Manager recommending approval of a Certified Local Government (CLG) grant agreement for Phase IV of Dubuque's Amhitecturel/Historic Survey/Evaluation. RESOLUTION Authorizing the submission of an application for Certified Local Government (CLG) program funding to conduct an Architectural/Historic Survey Suggested Disposition: Receive and File; Approve Agreement ConAgra Foods, Inc. City Manager recommending approval of an amendment to the purchase agreement and acceptance of the deed to certain real property from ConAgra Foods, Inc. RESOLUTION Accepting the deed to certain real estate in Dubuque County, Iowa from ConAgra Foods, Inc. Suggested Disposition: Receive and File; Adopt Resolution; Approve Amendment Section 8 Computer System City Manager recommending approval of an expenditure of $15,000 for purchase of a Section 8 Program software package. Suggested Disposition: Receive and File; Approve Fiscal Year 2003 Annual Action Plan - Amendment #2 City Manager recommending approval of an amended and restated Fiscal Year 2003 Annual Action Plan for the City's Community Development Block Grant (CDBG) progrem. RESOLUTION Approving an amended and restated Fiscal Year 2003 (Program Year 2002) Annual Plan for Community Development Block Grant (CDBG) Funds. Suggested Disposition: Receive and File; Adopt Resolution 4 21. 22. 23. 24. 25. 26. Iowa Department of Economic Development Communication from the Iowa Department of Economic Development advising that the City of Dubuque, on behalf of Dubuque Main Street, Ltd., is being awarded a $25,000 Community Development Fund grant for the Dubuque - Vision Downtown project. Suggested Disposition: Receive and File North End Neighborhood Association Communication from Wayne Klosterman, North End Neighborhood Association, submitting questions to be asked of HDR during the upcoming worksession. Suggested Disposition: Receive and File Delinquent Sewer Charges City Manager recommending the submission of delinquent sewer charges to the Dubuque County Treasurer in order to establish real property liens for collection of such past due accounts. RESOLUTION Authorizing collection of delinquent sewer accounts in accordance with Section 44-83 and 44-86 of the Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Delinquent Garbage and Refuse Collection Charges City Manager recommending the submission of delinquent garbage and refuse collection accounts to the Dubuque County Treasurer in order to establish real property liens for collection of such past due accounts. RESOLUTION Authorizing collection of delinquent garbage and refuse collection accounts in accordance with Section 40-37 and 40-38(d) of the Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Dubuque Racing Association's Fiscal Year 2003 CIP Schedule City Manager recommending approval of the Dubuque Racing Association's Fiscal Year 2003 CIP Schedule. Suggested Disposition: Receive and File; Approve Business Licenses RESOLUTION Granting issuance of a permit to sell Cigarettes and Cigarette Papers to Jumpers Sports Bar/Grill RESOLUTION Granting the issuance of a Class "B" (Hotel/Motel) License to Grand Harbor Resort/Water Park and Class "C" Beer/Liquor License to Pepper Sprout, Inc. and instant Replay Suggested Disposition: Adopt Resolutions 5 ITEMS TO BE SET FOR PUBLIC HEARING Mediacom Franchise Extension City Manager recommending that a public hearing be set for December 16, 2002 to consider an additional three-month lease extension of the existing Mediacom cable franchise. RESOLUTION of the City's intent to grant a short-term extension of an existing cable services franchise and an existing hub site lease to MCClowa L.L.C. (Mediacom) Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 121'16102 BOARDS/COMMISSIONS Appointments to the following Commission: Environmental Stewardship Advisory Commission (Two unexpired 3-year terms to expire 10/1/03 and 10/1/05) Applicants: Daniel Calvert and Mark Henning ACTION ITEMS Mississippi Valley Trucking Center, Inc./Miller Logging Company City Manager recommending approval of the Offer to Buy Real Estate and Acceptance for Mississippi Valley Trucking Center, Inc. 0/Villiam and Mary Miller/Miller Logging Company). Suggested Disposition: Receive and File; Adopt Resolution Municipal Cable/Telecommunications Feasibility Study RFP City Manager recommending approval of the issuance of a Request for Proposals for a Municipal Cable/Telecommunications Feasibility Study for the City of Dubuque. Suggested Disposition: Receive and File; Approve COUNCIL MEMBER REPORTS PUBLICINPUT 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. Please take your place at the microphone and state your name and address clearly. Proceed with your comments; however, no formal action may be taken at this time on your comments because of the notice requirements of the Iowa Open Meetings Law. Jeanne F. Schneider November 27, 2002 6