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Proof Council Minutes 1 6 030 CITY OF DUBUQUE, IOWA ~ COUNCIL PROCEEDINGS City Council, Regu ar Session, January 6 2003 Council met in Reguar Session at 680 P.M. in the, Library Auditorium : Present: Mayor Duggan, Council Members Buoi, Cline,g Connors, Markham Michalsk, Nicholson City Manager M chael Van MJlligen, Mayor Duggan mad the 0a and staed this is a reguar City Council may propedy come before the invocation WaS given by/ Reverend Ken Gibson, Director of Development at Olympics Iowa Dubuque Winter Games T~me - 14-16, 2003 Who will attend the Special Olympics' World Games in Dublin, Ireland next summer; and Days of Great Celebration in Honor of Martin Luther King - January 19-20, 2008 received by Gill Hickson. CONSENT ITEMS Minutes Submitted: Airport Commission of 11/25; .City Council of 12/16; , Environmental Stewardship Advisory Commission of 12/3 ~nd 12/18; Five Flags Commission of 8/lg and 9/16; ~laltoric Prese~'ation Gommsson of 12/18; Lbrary 10/24; Transit Trustee Board 'of 9/12; Zoning Advisory Commission of 12/4, upon motion received and filed. Proof of publication of Council Pro~eedinge for Claims and Summary of Revenues for October 31,~ 2002, upon motion received Notice of ~lalms/Suits, IIW ! Engineers by Attorney Je~niter Clemens for unpaid services at DLEC; Mike Keuter for proper- ty damage; Jennifer Krier for vehiete damage' Karen Ryder !;for vehicle d~mage upon [ motion referred to the Legal.~ Staff for investigation aqd report'Corporation Counsel advising , that the following claims have been reformd to Public EntRy Risk Services of Iowa, the agent for the Iowa , Jennifer Kder, Karen Ryder, ~ upon motion received and filed [ claim of Russe J; Fuhrman for i:lproperty damage and the nance Director to issue ~ay. merit, upon motion received ~d fried and Finadce Director Ci[alen~ommunieaF~s:, Chades J, Schrup IlL Co- in¢ appreciation for renaming the Biver's Edge Plaza to American Trust ~iver's Edge Rlaza~ upon mofion received and filed. Communica on from Reverend Dr. Kenneth R, Bickel expressing a concern regarding the proposed etormwater utility upon ; n~otion race ved and filed. Communication from Bob Fry objec eg to the proposed St0rmwater utility upon .thefion received.and filed. Communication fro.m, Jerry E. ~ Oakland, St. Lukes United~ ; Methodist Church, regarding the proposed ~tormwater ut i ty' upon motion received and ~ : East Central Intergevemmentsl Association ~Annual Regort: Submission of the Fiscal Year 2002 Annual Report for the Fast Centra Intergovernmental~ ~.~e0c at On, upon motion reCeived and filed. ; 2002 Government Pefform~ce and Resalts Act ~.ua] Products Report for Lcertified Local Governments: City Manager transmitting the 2,002 Government p~fform~nC9 and Gesalts Act Annual Products Report and GpRA baseline questionnaire fdrrn, upon motion received 2002: Certified Local Government (CLG) Annual Report: City Manager subm t- ',~[ng the 2002 Certified Loca ; Government (CLG) Annual ; Report to the State Histo6caJ Society on the h erotic preset-, 'r. va~on program aecomplish- ~nts, upon motion received .1Noodla~qd Ridge SubdMsion ~Orizon Development Abceptance: City MAnager r~Commending acceptance of ~blic improvements made by ~rPoration in Woodland J Ri~lge Subdivision upon¢ ~tion [eceived and filed. Buol moved adoption of Resolution No: t-03 Accepting improve- '-'-.~(ents in Woodland Ridge Sub. division, seconded by · ~DPbuque Girls' Independent P~oieet: City Manager recom- Du~dque Gital' ndedeedent League Ball Field Fencing,r Project in the amount of $.6,0,521:80, upon motion, ~rrLoved adoption of ResoluFor~ .~,~ 2-03 Accepting improve- ~nt and Resolution No. 3-03 CITY OF DUBUQUE, IOWA I COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, January 6 2003 Council me in Regular Session at 6:30 PM in the L braW Auditorium Present: Mayor Duggen, Council Members Buol, Cline,~ Conners, Markham Mchask, Ni,cholson, City Manager Michael Van MiJligen, Corporation Counse Barry Mayor Duggen read the and stated this is a regu ar session of the City Council called for the purpose of dis- ;cussing such matters which may properly come before the City Council. Invocation was given by Reverend Ken G goon Director of Deveopmem at War[burg Thee og cai seminary. . Proclamations Spec al O~ympics iowa Dubuque Winter Games Time - January 14-16, 2003 received by Ric 'Jones who introduced Beth Swimmons and Amy Powers ho will attend the Speca Olympics' World Games n Dublin, Ireland next summec and Days of Gmat Celebration in Honor of Martin Luther King r January 19-20, 2003 received by Bill Hickson. CONSENT ITEMS ~ Commission of ~oun¢ of i Environmental Adv[soty Commission and 12/18; Five Flags ~omm ss on of 8/19 and 9/16; ~istoric Preservation B~)ard of Trustees of 9/26 and i 10/24; Transit Trustee Board 9/12; Zoning Advisory ~rnmisei0n of 12/4 upon motion race red and filed· Proof of publication of . C0unciJ Proceed rigs for December 9, 2002 and List of C~aims and Summary of Revenues for October 31,~ 2002, upon motion received l,and filed, , Notice of Claims/Su~s: IIW ng~neers by Attorney Jennifer Clemens for unpaid Services at BLEC; Mike Keuter for proper- ty damage; Jeedifer Kder for vehicle damage Karen er . ,. for vehmle damage, upon I motion referred to the Legal Staff for nvestigation odd ~ Corper~t on Oounsel advising ! that the following claims have been referred to Public Eotty Risk Servoes of iowa the ~tgefit for the Iowa Communities Assurance Poe i UPOn motion r~ceived an~iY~il~j, Jennifer Krier Karen R der and concurred. ~ ' Corporation Counsel recom- mending settlement of claim of Russell J. Fuhrman for _~erty damage and the tFl~nce D rector to issue 'm~t, upon motion ,received and filed and Finane~ D rector directed to issue payment. Chanes J. Schrup Ill~ Co- Oheirman of the Board of American Trust Ba~k express- frl¢ appreciation for renam ng the River's Edge Plaz8 to A~erican Trust River's Edge, P~aza, upon motion received R;evereed Dr. Kenneth R., Bickel expressing a concern :regarding the proposed stormwater utility upon re;etlon received and f ed. ~dCnmunicstJon from Bob Fry objecting to the proposed :.i~dtfon received,and filed. Communication fro.m, Jerry E ,O~kl~.nd, St. Lukes United Church, ?Anbual Report: Subm ss on of ;the Fiscal Year 2002 Annual Report for the East Central ~-I nt er g(~v e r n m ent al, ~0ciati0n, upon motion received &nd filed. , 2002 Government Performance and Results Act ~Dbual Products Report for Certified I~ocal Governments: ' City Manager transmitting the 2g1~2 GOvernment t P~r~rmance and Results Act Ad~uaj Products Rbpert and ~PRA baseline questionnaire cfm, upon motio~ received ~d filed : 2002 Certified Local ;GoVernment (CLG) Annual Beport: city Manager submit- irish: the 2002 Certified Eocal ~o~rnment (CLG) Annua F~C-~p~ to the State Histor cai Society on the historic preset- ¢ program accomplish- Subdivision upon~ n rece ved and filed. Buol m~ed agept on of Resolution NO ,1;03 Accepting improve- ~ in Woodlsnd Ridge SeConded by ~arried 7-0.- the amount upon motion, flied. Suol ~ improve- n N9. ~-0S the Heritage Trail Extension Engineering Contract Amendment: City Manager recommending approval to amend the engineering con- tract with Veenstra & Kimm for the Heritage Trail Extension project from 22nd Street to the Mines of Spain which would add the connection from the Dubuque Jaycees Trail at the NE corner of Kerper Boulevard and 16th Street across the Peosta Channel to the Heron Pond Wetlands Nature Trail in Miller -Riverview Park, upon, motion received and filed and approved recommendation. Buol moved adoption of Resolution No. 6-03 Approving, amendment of engineering, contract for Heritage Trail Extension Project. Seconded by Michalski. Motion carried 7- 0. East Central Intergovernmental Association Annual Report: Submission of the Fiscal Year 2002 Annual Report for the East Central Intergovernmental Association, upon motion received and filed. 2002 Government Performance and Results Act Annual Products Report for Certified Local Governments: City Manager transmitting the 2002 Government CITY OF DUBUQUE, IOWA Performance and Results Act COUNCIL PROCEEDINGS Annual Products Report and OFFICIAL GPRA baseline questionnaire City Council, Regular form, upon motion received and filed. Session, January 6, 2003 2002 Certified Local Council, met in Regular Government (CLG) Annual Session at 6:30 P.M. in the ' Library Auditorium Present: Mayor Duggan, Report: Ci ty Manager submit- ting the 2002 Certified Local Government (CLG) Annual Council Members Buol, Cline; - Report to the State Historical Connors, Markham, Michalski, i p Society on the historic preser- Nicholson, City Manager vation program accomplish - Michael Van Milligen, ments, upon motion received Corporation Counsel Barry and filed. Lindahl. Woodland Ridge Subdivision Mayor Duggan read the call and stated this is a regular session of the City Council called for the purpose of dis- cussing such matters which may properly come before the City Council. Invocation was given by Reverend Ken Gibson, Director of Development at Wartburg Theological Seminary. Proclamations: Special Olympics Iowa Dubuque Winter Games Time - January 14-16, 2003 received by Ric Jones who introduced Beth Simmons and Amy Powers who will attend the Special Olympics' World Games in Dublin, Ireland next summer; and Days of Great Celebration in Honor of Martin Luther King - January 19-20, 2003 received by Bill Hickson. CONSENT ITEMS Minutes Submitted: Airport Commission of 11/25; City Council of 12/16; Environmental Stewardship Advisory Commission of 12/3 and 12/18; Five Flags Commission of 8/19 and 9/16; Historic Preservation Commission of 12/18; Library Board of Trustees of 9/26 and 10/24; Transit Trustee Board of 9/12; Zoning Advisory Commission of 12/4, upon motion received and filed. Proof of publication of Council Proceedings for December 2, 2002 and List of Claims and Summary of Revenues for October 31,t 2002, upon motion received and filed. Notice of Claims/Suits: IIW Engineers by Attorney Jennifer Clemens for unpaid services at DLEC; Mike Keuter for proper- ty damage; Jennifer Krier for vehicle damage; Karen Ryder for vehicle damage, upon motion referred to the Legal Staff for investigation and I report. Corporation Counsel advising that the following claims have Letter and Responses: City been referred to Public Entity Manager transmitting Fiscal Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Jennifer Krier, Karen Ryder, upon motion received and filed, and concurred. Corporation Counsel recom- mending settlement of the claim of Russell J. Fuhrman for ' property damage and the 1 Finance Director to issue pay- i she is not reapplying to serve ment, upon motion received on the Human . Rights and filed and Finance Director Commission, upon motion directed to issue payment. 'eceived and filed. _-� United States Department of Citizen Communications:, Commerce: Communication Charles J. Schrup Ili, Co- from US Department o Chairman of the Board of Commerce's Economi American Trust Bank, express- Development Administratio ing appreciation for renaming advising that the City's appli the River's Edge Plaza to cation for an EDA investmen American Trust River's Edge in the amount of $2,000,00 Plaza, upon motion received has been approved, upo and filed. motion received and filed. Communication from Iowa Department o Reverend Dr. Kenneth R. . Transportation Agreement Bickel expressing a concern Roadway Improvements at th regarding the proposed Mines of Spain. City Manage stormwater utility, upon recommending approval of motion received and filed. State Park and Institutiona Communication from Bob Fry Road Agreement with the low objecting to the proposed Department of Transportatio stormwater utility, upon that will allow IDOT to bid con motion received and filed. struction of roadway to the Ri Communication from Jerry E. Row Valley development at th Oakland, St. Luke's United Mines of Spain Recreatio Methodist Church, regarding Area, upon motion receive the proposed stormwater utili- and filed and approved recom ty, upon motion received and mendation. filed Total Administrative Services Corporation (TASC) Agreement - Flex Spending: City Manager recommending approval of the Administrative Services agreement with Total Administrative Services Vanden Heuvel, Kimberly Corporation (TASC) for the. Walsh. Vote on the appoint- City's Flexible Spending ments was as follows: Program from January 1, 2002 Michalski voted for Ehlinger, through December 31, 2003, Ryan and Vanden Heuvel; upon motion received and filed ' Nicholson voted for Ehlinger, and approved recommenda- O'Shea, Vanden Heuvel; Buol tion. voted for Ehlinger, Ryan and EPA Brownfield Pilot Program Vanden Heuvel; Cline voted for Consultant Contract Approval: Ehlinger, Ryan and Vanden City Manager recommending Heuvel; Connors voted for approval of contract for Ehlinger, Ryan and Vanden Environmental Assessments and Consulting Services with Terracon under USEPA Brownfield Assessments; Demonstration Pilot grant pro- gram in the Port of Dubuque, upon motion received and filed. Buol moved adoption of Resolution idc.. 7-03 Authorizing Contract for Services For Environmental suspended to allow anyone Assessments and Consulting present to speak. Services for USEPA Decorah Street - Vacation Demonstration Pilootf Project BrownfieldAssessment roj ect in mentt and Sale: Proof of publication on notice of hearing to consid- the Port of Dubuque. er the vacation and sale of a Seconded by Michalski. portion of Decorah Street east& Motion carried 7-0. of Adair Street, with a reserve - Sol Metropolitan Area tion of a perpetual easement Solid Waste Agency: for utilities, to Douglas and Communication from Jan Jean Kapp and William and Carole Kubler, and City Manager recommending - approval, upon motion received and filed. Markham• moved adoption of Resolution No. 11-03 Disposing of City interest in Lot 10A and Lot 11A of Woodlawn Park, City of Dubuque, Dubuque, Iowa. Seconded by Connors. Motion carried 7-0. Upon motion it was resolved to reinstate the rule limiting discussion to Council. ACTION ITEMS Greater Dubuque Development Corporation: Rick Dickinson, Greater Dubuque Development Corporation, spoke providing a verbal report regarding the activities of GDDC for the last quarter. Upon motion the report was received and filed. Demolition District Review Process Revision: Historic' Preservation Commission rec- ommending a change in the• demolition district review process that would shift the: start of the sixty-day Commission review period to the date the permit application and documentation are filed . with the Commission, upon motion received and filed.t Ordinance No. 1-03 Amending Section 11-4 (b) of the City of Dubuque Code of Ordinances Pertaining to the Review Process of the Historic Preservation Commission for ' Demolition Districts, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and t voted on for passage at two Council Meetings prior to the. ' meeting at which it is to be finally passed be suspended ' and further moved final con- sideration and passage of the Ordinance. Seconded by Nicholson. Motion harried 7-0. Mediacom Rate Increase: City Manager submitting infor-a' mation regarding Mediacom's proposed rate increase effec- tive February 1, 2003, upon motion received and filed. Council discussed the lack of optrons u -T hle•arid`the need to aggressively pursue the telecommunications study: City Council Appointments: Hess, Secretary for- the. Dubuque Metropolitan Area Solid Waste Agency, submit- ting the Fiscal Year 2004 land- fill fees and the expenditure and revenue budget for the DMASWA, upon motion received and filed. Community Development Advisory Commission: Communication from the Community Development Advisory Commission to the • Long Range Planning Commission and the Zoning Year 2002 Comprehensive Financial Report (CAFR), Parking Facilities Financial Statements, Management Letter and City responses to the Management Letter, upon' motion received and filed. Human Rights Commission: Communication from Katherine V. Stevens stating 0 a p d c n n e a n e n Acceptance: City Manager I. recommending acceptance of public improvements made by Horizon Development Corporation in Woodland Ridge Subdivision, upon motion received and filed. Buol moved adoption of Resolution No. 1-03 Accepting improve- ments in Woodland Ridge Subdivision. Seconded by Michalski. Motion carried 7-0.- Dubuque Girls' Independent League Ball Field Fencing Project: City Manager recom- mending acceptance of the, Dubuque Girls' Independent Commission regarding the League Ball Field Fencing development proposal by Wal- Project in the amount of Mart for industrial property $60,521.80, upon motion, owned by Smithfield Foods on received and filed. Buol 16th Street, upon motion moved adoption of Resolution received and filed. No. 2-03 Accepting improve- Greetings from Pyatigorsk: ment and Resolution No. 3-03 Communication from the , Final estimate. Seconded by Mayor of Pyatigorsk wishing Michalski. Motion carried 7-0. the Mayor, City Council, and Acceptance of Deeds in citizens of Dubuque a Merry Dubuque County: Corporation Christmas and Happy New Counsel recommending Year, upon motion received acceptance of a deed to cer- and filed. tain real estate in Dubuque Pre -Disaster Mitigation Plan: County, Iowa from Mississippi City Manager recommending Valley Truck Center, Inc. and a that the City participate in a deed to certain real estate in multi -jurisdictional project, Dubuque County, Iowa from with the East Central Mississippi Valley Truck- Intergovernmental Association Center, Inc., Bill Miller taking the lead, to apply for a Logging, Inc. and William A. Federal grant to complete the Miller and Mary L. Miter, upon i Hazard Mitigation Planning motion received and filed. Buol process, upon motion moved adoption of Resolution received and filed and No. 4-03 Accepting the deed approved recommendation. to certain real estate in America's First Responders: Dubuque County, Iowa from Communication from the Mississippi Valley Truck National League of Cities Center, Inc. and Resolution ' requesting that the City submit No. 5-03 Accepting the deed a letter to President Bush urg- to certain real estate in ing him to provide funding to Dubuque County, Iowa, from police, fire, emergepcy med- Mississippi Valley Truck ical personnel and other first - Center Inc., Bill Miller Logging, responders, upon motion Inc., and William A. Miller and received and filed. Mary L. Miller. Seconded by Hazard Mitigation Grant Michalski. Motion carried 7-0. r• ,,,,, Program: City Manager rec- rmancial Report . (CAFR),• ommending approval of a Parking Facilities Financial request to our Federal Statements, Management Legislators for-$46,2.25 in FEMA funding to acquire one commercial property that was substantially damaged as a • result of June 2002 flooding, upon motion received and filed and approved recommenda- tion. Iowa Department of Transportation:- ITEMS TO BE SET FOR PUBLIC HEARING Tanzanite Drive Right -of -Way - Annexation Request: City Manager recommending that a public hearing be scheduled for February 3, 2003 to consid- er a voluntary annexation request for two parcels that ui./uf comprise a .ortion of the ri. ht- Blur- - - -- and set for Public Hearing on 2/3/03 at a meeting to com- mence at 6:30 P.M. in the pub- lic library auditorium and that f the City Clerk publish notice in the manner prescribed by law. BOARDS/COMMISSIONS Appointments to the follow- ing Commission: Human Rights Commission (Three 3- Year terms to expire 01 /01 /06); Applicants: Cynthia Checotah, Penny Ehlinger, Joseph A. Hopkins, Marty O'Shea;. Charles F. Ryan, Vincent J. Heuvel; Duggan voted for Ehlinger, O'Shea and Walsh. Markham voted for Ehlinger, O'Shea and Ryan. Therefore, Penny Ehlinger, Charles F. Ryan and Vincent J. Vanden Heuvel appointed to three year terms which will expire January 1, 2006. Upon motion the rules were Communication from the Iowa Communication - from Department of Transportation Operation: New View request - providing notice that they ing appointment of the City's intend to renew and extend. designees to their Board for corridor preservation along calendar year 2003 and Mayor. U.S. 20 from the Peosta . and City Council appointments Interchange easterly to near to various Boards and the intersection with the; Commissions, upon motion it Northwest Arterial, upon was resolved that appoint • - motion received and filed. ments of the Mayor and Business Licenses: Buol Council remain as theyc moved adoption of Resolution presently are. No. 8-03 Granting issuance of a permit to sell Ci[Jnroeea� �^ 'I COUNCIL MEMBER Cigarette Papers to Hartig Drug, Inc.; Resolution No. 9- 03 Granting the issuance of a Class "B" Beer Permit to United Automobile Workers and Class "C" Beer Permit to Iowa Potato and Produce House, Inc. and Resolution No. 10-03 Granting the issuance of a Class "B (Hotel/Motel) Liquor License to WCB Hotels, Inc.; Class "C" Beer/Liquor License to Ten Pin Tap, A & B Tap, and Breezerse Pub; and Class "B" Wine License to Dubuque Religious Center. Seconded by Michalski. Motion carried 7-0. REPORTS Cline questioned a USA arti- cle on vehicles that "hover." Connors requested that a communication she received from CDF on Stormwater be copied, reviewed and directed; Staff to contact St. Ambrose where this company has worked. There being no further busi- ness, upon motion the meeting adjourned at 7:09 P.M. Jeanne F. Schneider, CMC, City Clerk 1t 1/16 STATE OF IOWA {SS, DUBUQUE COUNTY CERTIFICATION OF PUBLIC I, Sherri A. Yutzy, a Billing Clerk for Woodward corporation, publisher of the Telegraph Herald,a published in the City of Dubuque, County of Dul certify that the attached notice was published in s dates: January 16, 2003, and for which the charg Subscribed to before mm a Notary Public in and this /'7 day o Notary Public in City Council Regular Torm, upon motion receive Session, January 6, 2003 and filed. Council, met in Regular 2002 Certified Local Session at 6:30 P.M. in the Government (CLG) Annual Library Auditorium Report: City Manager submit- d Local Present: Mayor Duggan, Gtiovernmthe ent C G)e Annual Council Members Buol, Cline,•, Report to the State Historical Connors, Markham, Michalski, Society on the historic Historical - Nicholson, City Manager vation program accomplish - Michael Van Milligen, ments, upon motion received Corporation Counsel Barry and filed. Lindahl. Woodland Ridge Subdivision Mayor Duggan read the call Acceptance: City Manager and stated this is a regular recommending acceptance of session of the City Council public improvements made by called for the purpose of dis- Horizon Development cussing such matters which % Corporation in Woodland may properly come before the Ridge Subdivision, upon, City Council motion received and filed. Buol Invocation was given by moved adoption of Resolution Reverend Ken Gibson, No. 1-03 Accepting improve - Director of Development at ments in Woodland Ridge Wartburg Theological Subdivision. Seconded by Seminary. Michalski. Motion carried 7-0.- Proclamations: Special Dubuque Girls' Independent Olympics Iowa Dubuque League Ball Field Fencing Winter Games Time - January. Project: CityManager recom- 14-16, 2003 received by Ric I g Jones who introduced Beth Simmons and Amy Powers who will attend the Special Olympics' World Games in Dublin, Ireland next summer; and Days of Great Celebration in Honor of Martin Luther King January 19-20, 2003 received by Bill Hickson. CONSENT ITEMS Minutes Submitted: Airport Commission of 11/25; .City Council of 12/16; Environmental Stewardship Advisory Commission of 12/3 and 12/18; Five Flags Commission of 8/19 and 9/16; Historic Preservation Commission of 12/18; Library Board of Trustees of 9/26 and 10/24; Transit Trustee Board of 9/12; Zoning Advisory Commission of 12/4, upon motion received and filed. Proof of publication of Council Proceedings for December 2, 2002 and List of Claims and Summary of Revenues for October 31,i 2002, upon motion received and filed. i Notice of Claims/Suits: IIW Engineers by Attorney Jennifer Clemens for unpaid services at DLEC; Mike Keuter for proper- ty damage; Jennifer Krier for vehicle damage; Karen Ryder for vehicle damage, upon motion referred to the Legal d Staff for investigation and 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: Jennifer Krier, Karen Ryder, upon motion received and filed, and concurred. Corporation Counsel recom- mending settlement of the claim of Russell J. Fuhrman for property damage and the Finance Director to issue pay- ment, upon motion received n the Human. Rights and filed and Finance Director Commission, upon motion directed to issue payment. r received and filed. United States Department of Citizen Communications:. Commerce: Communication: Charles J. Schrup Ili, Co - Chairman of the Board of American Trust Bank, express- ing appreciation for renaming the River's Edge Plaza to American Trust River's Edge Plaza, upon motion received and filed. Communication from Reverend Dr. Kenneth R. Bickel expressing a concern regarding the proposed stormwater utility, upon motion received and filed. Communication from Bob Fry objecting to the proposed stormwater utility, upon motion received and filed. Communication from Jerry E. Oakland, St. Luke's United, Methodist Church, regarding the nrnnnearl stnrmwater utili- d vv u au uui un u rormc ,n,n,rn �nnu avnira from US Department of Commerce's Economic Development Administration advising that the City's appli- cation for an EDA investment in the amount of $2,000,000 has been approved, upon motion received and filed. Iowa Department of Transportation Agreement -r Roadway Improvements at the Mines of Spain. City Manager recommending approval of a State Park and Institutional Road Agreement with the Iowa Department of Transportation that will allow IDOT to bid con- struction of roadway to the Rip Row Valley development at the Mines of Spain Recreation , Area, upon motion received Cu anu 1_, la u taw ty_ upon motion received and mendation. Resolution N . 7-03 Authorizing Contract for Services For Environmental Assessments and Consulting Services for USEPA Brownfield Assessments Demonstration Pilot Project in the Port of Dubuque. Seconded by Michalski. Motion carried 7-0. Dubuque Metropolitan Area Solid Waste Agency: Communication from Jan Hess, Secretary fore the, Dubuque Metropolitan Area Solid Waste Agency, submit- ting the Fiscal Year 2004 land- fill fees and the expenditure and revenue budget for the DMASWA, upon motion received and filed. Community Development Advisory Commission: Communication from the Community Development Advisory Commission to the Long Range Planning Commission and the Zoning mending acceptance of the, Dubuque Girls' Independent Commission regarding the League Ball Field Fencing, development proposal by Wal- Project in the amount of Mart for industrial property $60,521.80, upon motion, owned by Smithfield Foods on received and filed. Buol 16th Street, upon motion moved adoption of Resolution. received and filed. No. 2-03 Accepting improve- Greetings from Pyatigorsk: ment and Resolution No. 3-03 Communication from the Final estimate. Seconded by, Mayor of Pyatigorsk wishing Michalski. Motion carried 7-0. the Mayor, City Council, and Acceptance of Deeds in citizens of Dubuque a Merry Dubuque County: Corporation Christmas and Happy New Counsel recommending Year, upon motion received acceptance of a deed to cer- and filed. tain real estate in Dubuque Pre -Disaster Mitigation Plan: County, Iowa from Mississippi City Manager recommending Valley Truck Center, Inc. and a that the City participate in a deed to certain real estate in multi -jurisdictional project,: Dubuque County, Iowa from with the East Central Mississippi Valley Truck: Intergovernmental Association Center, Inc., Bill Miller taking the lead, to apply for a Logging, Inc. and William A. Federal grant to complete the Miller and Mary L. Miller, upon Hazard Mitigation Planning motion received and filed. Buol process, upon motion moved adoption of Resolution received and filed and No. 4-03 Accepting the deed approved recommendation. to certain real estate in America's First Responders: Dubuque County, Iowa from Communication from the Mississippi Valley Truck National League of Cities Center, Inc. and Resolutions requesting that the City submit No. 5-03 Accepting the deed a letter to President Bush urg- to certain real estate in ing him to provide funding to Dubuque County, Iowa, from police, fire, emergepcy med- Mississippi Valley Truck ' ical personnel and other first Center Inc., Bill Miller Logging, responders, upon motion Inc., and William A. Miller and received and filed. Mary L. Miller. Seconded by Hazard Mitigation Grant Michalski. Motion carried 7-0. ; Program: City Manager rec- rmancial Report (CAFH), ommending approval of a Parking Facilities Financial request to our Federal Statements, Management Legislators for $46,225 in Letter and Responses: City FEMA funding to acquire one Manager transmitting Fiscal commercial property that was Year 2002 Comprehensive substantially damaged as a Financial Report (CAFR), result of June 2002 flooding, Parking Facilities Financial upon motion received and filed Statements, Management and approved recommenda- Letter and City responses to tion. the Management Letter, upon Iowa Department of motion received and filed. Transportation: - Human Rights Commission: Communication from the Iowa Communication from Department of Transportation Katherine V. Stevens stating providing notice that they -:F-e is not reapplying to serve intend to renew and extend. corridor preservation along U.S. 20 from the Peosta. Interchange easterly to near to varior.s Boards and - the intersection with they Commissions, upon motion it Northwest Arterial, upon was resolved that appoint - motion received and filed. ments of the Mayor and Business Licenses: Buol Council remain as they moved adoption of Resolution presently are. No. 8-03 Granting issuance of a permit to sell Cigaretuae and, COUN IL MEMBER Cigarette Papers to Hartig G Drug, Inc.; Resolution No. 9- 03 Granting the issuance of a Class "B" Beer Permit to United Automobile Workers and Class "C" Beer Permit to Iowa Potato and Produce House, Inc. and Resolution No. 10-03 Granting the issuance of a Class "B (Hotel/Motel) Liquor License to WCB Hotels, Inc.; Class "C" Beer/Liquor License to Ten Pin Tap, A & B Tap, and Breezerse Pub; and Class "B" Wine License to Dubuque Religious Center Seconded by 1 January 1, 2006. Upon motion the rules were suspended to allow anyone present to speak. Decorah Street - Vacation and Sale: Proof of publication on notice of hearing to consid- er the vacation and sale of a i portion of Decorah Street eastA of Adair Street, with a reserva- J tion of a perpetual easement for utilities, to Douglas and Jean Kapp and William and Carole Kubler, and City Manager recommending, approval, upon motion received and filed. Markham. moved adoption of Resolution No. 11-03 Disposing of Cityi interest in Lot 10A and Lot 11A of Woodlawn Park, City of Dubuque, Dubuque, Iowa. Seconded by Connors. Motion carried 7-0. Upon motion it was resolved to reinstate the rule limiting discussion to Council. ACTION ITEMS Greater Dubuque Development Corporation: Rick Dickinson, Greater Dubuque Development Corporation, spoke providing a verbal report regarding the activities of GDDC for the last quarter. Upon motion the report was received and filed. Demolition District Review Process Revision: Historic: Preservation Commission rec- ommending a change in the. demolition district review process that would shift the: start of the sixty-day Commission review period to the date the permit application and documentation are filed . with the Commission, upon motion received and filed.t Ordinance No. 1-03 Amending Section 11-4 (b) of the City of Dubuque Code of Ordinances Pertaining to the Review Process of the Historic Preservation Commission for ' Demolition Districts, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and t voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final con- sideration and passage of the Ordinance. Seceded by Nicholson. Motion carried 7-0. Mediacom Rate Increase: City Manager submitting infor-' mation regarding Mediacom's proposed rate increase effec- tive February 1, 2003, upon motion received and filed. Council discussed the lack of options-u 'qii!-hle .end the need to aggressively pursue the telecommunications study. City Council Appointments: Communication • from' Operation: New View request- ing appointment of the City's designees to their Board for calendar year 2003 and Mayor and City Council appointments REPORTS Cline questioned a USA arti- cle on vehicles that "hover." Connors requested that a communication she received from CDF on Stormwater be copied, reviewed and directed, Staff to contact St. Ambrose where this company has worked. There being no further busi- ness, upon motion the meeting adjourned at 7:09 P.M. Jeanne F. Schneider, CMC, City Clerk ltt/16 Michalski. Motion carried 7-0. IL STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Sherri A. Yutzy, 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 16, 2003, and for which the charge is $151.78. Subscribed to before this /7 day o a Notary Public in and for Dubuque County, Iowa, , 20 r' ' . Notary Public in and for DubuquSCounty, Iowa. MARY IC WXO'ARMEYER Commission Number 154885 My Comm. Exp. FEB. 1, 2005