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5 6 02 Agenda with iconsCITY OF DUBUQUE, IOWA CITY COUNCIL MEETING MONDAY, MAY 6, 2002 6:30 P.M. LIBRARY AUDITORIUM INVOCATION Pastor Larry R. Stark, Bible BaPtist Church PROCLAMATIONS Youth Week (May 5 - 1t, 2002) Historic Preservation Week (May 12 - 18, 2002) Homes for the Aging Week (May 12 - 18, 2002) Hospital Week (May 12 - 18, 2002) Nursing Home Week (May 12 - 18, 2002) Mental Health Month (May, 2002) Youth Preservafdon Homes for Aging Hospital Week Nursing Home Menial Heal~ CONSENT ITEMS (See Pages 9 - 18) 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. BOARDS/COMMISSIONS Appointments to the following Board: Mechanical Code Board 1 Three Year Term to Expire 3116103 (Held by Willenborg) 3 Three Year Terms to Expire 3116104 (one Held by Brashaw and Two Vacant) 2 Three Year Terms to Expire 3116105 (Held by Grothe and Giese) Applicants (Need Mechanical Background): Tom W. Giese, David W. Grothe, Michael P. Kelly, Paul J. Papin (also serves on Plumbing Board), David C. Stuart, Harlan J. Willenborg (also serves on Plumbing Board) Bds and Comm List Overview List Mechanical Bd Apps PUBLIC HEARINGS SUSPEND THE RULES Sisters of St. Francis - 1001 Davis Street - Rezoning Request (Tabled on 4115102) Communication from Planning Services Manager regarding the rezoning request and providing options for Council consideration. Communication from Joel and Mary Glennon providing additional information. Proof of publication on notice of hearing to consider rezoning property located at 1001 Davis Street from R-1 Single Family Residential Distdct to OR Of'fica Residential Distdct at the request of the Sisters of St. Francis and Zoning Advisory Commission recommending approval. Petition from the neighbors of the Sisters of St. Francis requesting that the zoning remain single family. Communication from Joel and Mary Glennon stating that the property of the Sisters of St. Francis should remain R-1 Single Family. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 1001 Davis Street from R-1 Single Family Residential District to OR Office High Density Multi- Family Residential District Suggested Disposition: Remove from Table - Motion on Table Was to Receive and File; Motion B; Motion A Davis - Staff Memo Glennon Lb' Davis - ZAC Lb' Davis - Sf;aff Report Davis - Ordinance Davis - ObjecEon Davis - PeUfion Davis - Applicat~n Davis - Hap Davis - Request Lb' Lt~s John F. Kennedy Reconstruction Project Proof of publication on notice of hearing and City Manager recommending approval of the amended preliminary schedule of assessments, including the elimination of sidewalks from the project. RESOLUTION With respect to the adoption of the Resolution of Necessity proposed for the John F. Kennedy Reconstruction Project Suggested Disposition: Receive and File; Adopt Resolution 2 JFK - HVM Memo ]FK - Staff Memo 3FK - Resolution ]FI( Assessments = Interstate Power and Light Company - Development Agreement Proof of publication on notice of hearing and City Manager recommending approval of an amendment to the Development Agreement and Real Estate Contract between the City and Interstate Power and Light Company for the substitution of Lot 6 for Lot 5 in the sale of property in the Dubuque Industrial Center West. RESOLUTION Approving an amendment to Development Agreement and amendment to Real Estate Contract with Interstate Power and Light Company providing for the sale and pdvate development of Lot 6 of the Dubuque Industrial Center West 2nd Addition in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Interstate - MVM Interstate - St~ff Interstate - Interstate - Plat Dev/~jreement Real Estate Contract Memo Memo Resolution Amended and Restated Garfield Place Urban Revitalization Area Plan Proof of publication and City Manager recommending approval of an Amended and Restated Garfield Place Urban Revitalization Area Plan that would add an adjoining lot for a proposed single-room occupancy (SRO) facility at 513 Garfield Avenue to allow property tax exemption and extend the duration of the plan. Communication from the Long Range Planning Advisory Commission in support of the Amended and Restated Garfield Place Urban Revitalization Area. ORDINANCE Establishing the Amended and Restated Garfield Place Urban Revitalization Area as an Urban Revitalization Area pursuant to Chapter 404 of the Code of Iowa Suggested Disposition: Receive and File; Motion B; Motion A Garfield - MVM Memo Garfield - St~ff Memc Garfield - LRPC Lb' Garfield - Ordinance Garfield Plan Garfield Map Suggested Mo'don 3 Fiscal Year 2002 Second Budget Amendment Proof of publication on notice of hearing and City Manager recommending approval of the Fiscal Year 2002 Second Budget Amendment. RESOLUTION Amending the current budget for the Fiscal Year ending June 30, 2002 Suggested Disposition: Receive and File; Adopt Resolution Budget - ~ Nemo Budget Resolcfdon Five Flags Arena - Paint Ceilings and Walls Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending award of the contract for the Five Flags Arena - Paint Ceilings and Walls Project to John C. Kaiser Company in the amount of $71,785. RESOLUTION Adopting plans and specifications for the project RESOLUTION Awarding contract to John C. Kaiser Company Suggested Disposition: Receive and File; Adopt Resolutions Five Rags ~ IVNf4 Fwe Flags - Staff FF - Resolution #! FF - Resolution #2 Memo Memo City Hall Remodeling - First Floor Ceiling Project Proof of publication on notice of hearing and City Manager recommending that the public hearing and award of the contract for the City Hall Remodeling - First Floor Ceiling Project be rescheduled to June 3, 2002. RESOLUTION Fixing date of hearing on plans and specifications RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 6~3~02 Ob/Hall - ~V~I lqern~ Ob/Hall - S~ff Resolution #1 Resolution #2 REINSTATE THE RULES 4 ACTION ITEMS Appeal - Denial of Claim Against the City Request of Christine Kuhle to address the Council regarding the denial of her claim for vehicle damage. Suggested Disposition: Receive and File; Council Kuhle Ma~edal MWF PropertieslFelderman Business Partnership - Amend PUD (First Reading on 4/15/o2) ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by amending the Conceptual Development Plan for property located at the end of Raven Oaks Drive and currently zoned PUD Planned Unit Development Distdct with a PR Plann~l Residential DesignaUon Communication from Bob Felderman, Continental Realty & Felderman Appraisals, in support of the proposed project. Communication from Dominic Goodmann III, in support of the application of MVVF Properties and Felderman Business Partnership to amend the PUD District on Raven Oaks Ddve. Petitions in opposition to the proposed rezoning. Suggested Disposition: Receive and File; Motion A (Second Reading) Felderman Lb' Raven Oaks - ZAC Raven Oaks - Stall L.tr Report Raven Oaks - Raven Oaks Site Plan Raven Oaks - O~ina~ Drawing Raven Oaks - Staff Memo Raven Oaks - Map Raven Oaks - Nobes Raven Oaks - Raven Oaks - Suggested Motion Objections Support Lt~ 5 Harvest View Estates Second Addition - Final Plat City Manager recommending approval of the final plat of Harvest View Estates Second Addition. RESOLUTION Approving the final plat of Harvest View Estates Second Addition in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Plat - PIVM Memo Plat - Staff I_tr Plat - Resolution Harvest View Plat Plat - Staff' Report Municipal Housing Agency Governing Board City Manager recommending the appointment of John Plein as the Section 8 representative to the Municipal Housing Agency Governing Board due to the resignation of Danise Miller from the Housing Commission. Suggested Disposition: Receive and File; Approve Appointment Hsg Bd - MVM Memc Hsg Bd - Staff Memo Enterprise Zone Commission Appointments City Manager recommending the confirmation of representatives from the Iowa Department of Economic Development (Kelley Deutmeyer, Executive Director of East Central Intergovernmental Association) and the Northeast Iowa Community College (Daniel White, member of the NICC Board of Trustees) to serve on the City's Enterprise Zone Commission. Suggested Disposition: Receive and File; Confirm Appointments 'P--'/C - MVM Memo F7C - Staff Memo Special Events Policy City Manager recommending modifications to the Special Events Application and Agreement related to insurance requirements for events involving alcohol or fireworks, user fees or where there is a commercial use and to amend the purchase of service agreement with Dubuque Main Street Ltd. for the purpose of establishing an event insurance grant program. Suggested Disposition: Receive and File; Approve 6 Events - HVH Memo Event~ - Stz~ r~emo Expansion of Parking Meter District on 8th Street and Main Street City Manager recommending expansion of the parking meter district to include both sides of Eighth Street from Main Street to Locust Street, and both sides of Main Street from Fifth Street to Ninth Street. ORDINANCE Amending Section 32-336 of the City of Dubuque Code of Ordinances, establishing the Municipal Parking Meter District by adding both sides of Eighth Street from Main Street to Locust Street and both sides of Main Street from Fifth Street to Ninth Street Suggested Disposition: Receive and File; Motion B; Motion A Meters - MVH Memo Me,ers - S~aff Hemo Meters - Ordinance Parking Plan Historic Property Tax Rebate Program City Manager recommending approval of a Historic Property Tax Rebate Program which would provide property tax rebates to owners in the Downtown Urban Renewal District who restore historic buildings to certain standards. Suggested Disposition: Receive and File; Approve Policy Reba~ - MVM Rebate - Staff: Memo Memo Entrance Sign for the Dubuque Industrial Center West City Manager recommending approval of a proposed design for an entrance sign for the Dubuque Industrial Center West to be located at Chavenelle Drive and Seippel Road. Suggested Disposition: Receive and File; Approve Sign - ivNH Memo Sign - St~lf Memo Sign Drawing COUNCIL MEMBER REPORTS 7 ITEMS TO BE SET FOR PUBLIC HEARING Old U.S. Highway 20 Water Main Extension Project- Initiate City Manager recommending initiation of the bidding process for the Old U.S. Highway 20 Water Main Extension Project and setting a public hearing for June 3, 2002. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Fixing date of hearing on plans and specifications RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing ' 613102 Hwy 20 - MVM Memo Hwy 20 - Staff Memo Hwy 20 ~ ResolutJo~ Woodward Museum 2002 Renovations Project - Initiate City Manager recommending initiation of the bidding process for the Woodward Museum 2002 Renovations Project and setting a public hearing for June 17, 2002. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Fixing date of hearing on plans and specifications RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 6117~02 Museum - ~ Mere, Museum - Staff Museum - Memo Resolutions CONSENT ITEMS Minutes Submitted Airport Commission of 3/25; City Council of 4/15; Civil Service Commission of 3/8; Environmental Stewardship Advisory Commission of 4~9; Five Flags Commission of 4/15; Historic Preservation Commission of 4/18; Long Range Planning Advisory Commission of 4/17 Proof of publication of City Council Proceedings of 4/1 8 Dubuque Area Chamber of Commerce Convention and Visitors Bureau Quarterly Report Suggested Disposition: Receive and File Airport Ob/Coundl Ovil Service ESAC Five Rags HPC Planning CVB P. eporl: = Notice of Claims/Suits Eugene Conklin in estimated amount of $8.48 for property damage; Shawn Kohnen in undetermined amount for vehicle damage; Darlene Millard in estimated amount of $485.04 for vehicle damage; Joan Nicks in estimated amount of $2,170 for property damage; Jerry Turner (for Judy Eckstein) in estimated amount of $1,676.90 for property 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: Shawn M. Kohnen for vehicle damage; Joan Nicks for property damage. Corporation Council recommending settlement of the claim of Joe Ungs in the amount of $93.46 for vehicle damage and directing Finance Director to issue payment. Corporation Counsel recommending denial of the claim of Rick Biedermann for vehicle damage. Suggested Disposition: Receive and File; Concur; Finance Officer to Issue Payment Claims - ][CAP Claim - ~ Claim - Denied Citizen Communications (a) Communication from Duaine and Jane Greenfield regarding The Busted Lift. (b) Communication from Jennifer A. Clemens-Conlon, representing Canvas Products Company, regarding The Busted Lift. (c) Communication of Michael W. Basten requesting to acquire a portion of City-owned property located at 2804 Van Buren Avenue at the comer of Isborn Avenue: 9 (d) Communication of Joseph G. Feltes requesting to acquire a portion of City-owned property located on Stafford Avenue. (e) Communication of Callahan Construction, Inc., requesting voluntary annexation of property located between the City of Dubuque and the City of Asbury. (f) Communication of Stephanie and Keith Wieland, 2910 Jackson Street, regarding the rental policy of the new pavilion at Comiskey Park. Suggested Disposition: Receive and File; Refer to City Manager 3 (a) 3 (b) 3 (c) 3 (cO 3 (e) 3 (0 = Lead Paint Demonstration Project Funding City Manager recommending approval of an application to the Community Environmental Health Resource Center for funds to enhance the work of the current Lead Paint Hazard Reduction Program. Suggested Disposition: Receive and File; Approve Paint - MVM Memo Paint - St3ff I~o Lead Paint Education Program Funding City Manager recommending approval of an application to the 'Lead Safe...for Kid's Sake" competition for funds to enhance the educational aspects of the current Lead Paint Hazard Reduction Program. Suggested Disposition: Receive and File; Approve Lead - MVM Lead - Staff Memo Memo Fiscal Year 2002 Annual Action Plan - Amendment 4 City Manager recommending approval of proposed changes to the City's Community Development Block Grant (CDBG) Fiscal Year 2002 Annual Action Plan to provide additional funding for the landscaping project at Second and Bluff Streets. RESOLUTION Approving Amendment 4 to the Fiscal Year 2002 (Program Year 2001) Annual Action Plan for Community Development Block Grant Funds Suggested Disposition: Receive and File; Adopt Resolution 10 Plan - NVM Memo Plan - Staff Memo Plan - Resoltfdon Exhibit A Family Self-Sufficiency and Homeownership Program Coordinators City Manager recommending approval of an application to the U.S. Department of Housing and Urban Development (HUD) for funds to renew the City's current Family Self-Sufficiency Program Coordinator position and for new funding to contract for services to promote homeownership opportunities for Section 8 Program families. Suggested Disposition: Receive and File; Approve FSS - MVM Memo FSS - Sta~ Memo Housing Commission Danise Miller submitting her resignation from the Housing Commission. Suggested Disposition: Receive and File; Accept Resignation Mississippi River Discovery Center Utility Relocation ProjeCt - Acceptance City Manager recommending acceptance of the Mississippi River Discovery Center Utility Relocation Project in the final contract amount of $327,031.28. RESOLUTION Accepting improvement RESOLUTION Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions Utility - lvlV/4 Memo Lrdlity - Staff Memo Utility - Resolu'dons 10. Oak Street Sanitary Sewer Extension City Manager recommending adoption of the Final Assessment Schedule for the Oak Street Sanitary Sewer Extension Project. RESOLUTION Adopting the final assessment schedule for the Oak Street Sanitary Sewer Extension Project including certain information required by the Code of Iowa, specifically, the number of annual installments into which assessments are divided, the 11 interest of all unpaid installments, the time when the assessments are payable and directing the Clerk to certify the final schedule and to publish notice thereof Suggested Disposition: Receive and File; Adopt Resolution Oak - MVM Memo Oak - St:afl Memo Oak - Resolutions Oak - Assessments 11. 12. 13. Chicago Street Sanitary Sewer Extension City Manager recommending adoption of the Final Assessment Schedule for the Chicago Street Sanitary Sewer Extension Project. RESOLUTION Adopting the final assessment schedule for the Chicago Street Sanitary Sewer Extension Project including certain information required by the Code of Iowa, specifically, the number of annual installments into which assessments are divided, the interest of all unpaid installments, the time when the assessments are payable and directing the Clerk to certify the final schedule and to publish notice thereof Suggested Disposition: Receive and File; Adopt Resolution Chicago - MVM Memo Chicago - Staff Chicago - Resoluti~ Chicago Memo Assessments Hamilton Street Storm Sewer Project - Acceptance City Manager recommending acceptance of the Hamilton Street Storm Sewer Project in the final contract amount of $21,182.01. RESOLUTION Accepting improvement RESOLUTION Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions Hamilb3n - MVN Hamilb3n - Staff Hamilb3n - Memo Memo Resolutions ISU Extension Services for Uptown Recreation Programs City Manager recommending approval of a grant agreement with ISU Extension Services to provide summer programs as part of the Uptown Recreation Program. Suggested Disposition: Receive and File; Approve Agreement 12 14. ISU - ~ Plemo ISU - Stuff Memo ISU Agreement Agreement with Four Mounds Foundation for Summer Day Camp Program City Manager recommending approval of a grant agreement with Four Mounds Foundation to provide the summer day camp program as part of the Uptown Recreation Program. Suggested Disposition: Receive and File; Approve Agreement Camp - NVlVl Memo Camp - Staff Memo Agreement 15. Miller-Riverview Park Management Agreement City Manager recommending approval of the management agreement with Pat Felderman for Miller-Riverview Park. Suggested Disposition: Receive and File; Approve Agreement Park - ~ Memo Park - Staff Memo Park - Agreement 16. Phase III Architectural/Historic Survey/Evaluation City Manager recommending approval of the selection of Jim Jacobsen of History Pays! as the consultant for the Phase III Architectural/Historic Survey/Evaluation project. RESOLUTION Approving a contract for Phase III Architectural/Historic Survey/ Evaluation Suggested DisPosition: Receive and File; Adopt Resolution Survey - MVH Memo Survey - Staff Memo Survey - Resolution 17. Riprow Valley Trailhead Project Grant Agreement City Manager recommending approval of a grant agreement with the Iowa Department of Transportation for acquisition of property in the Riprow Valley. RESOLUTION Authorizing a grant agreement with the Iowa Department of Transportation for Federal Recreational Trail Funds for acquisition of land in the Riprow Valley 13 Suggested Disposition: Receive and File; Adopt Resolution Riprow - MVH Memo Riprow - St~ff Memo Riprow ~ Resolution Ripmw Agreement 18. Dubuque Area Labor Management Council - Purchase of Service Agreement City Manager recommending approval of a Purchase of Service Agreement with Dubuque Area Labor Management Council for Fiscal Year 2003 in the amount of $15,768. Suggested Disposition: Receive and File; Approve Agreement DALMC - MVM Memo DALPIC - St~ff Memo DALMC Agr 19. Dubuque Main Street, Ltd. - Purchase of Service Agreement City Manager recommending approval of a Purchase of Service Agreement with Dubuque Main Street, Ltd., for Fiscal Year 2003 in the amount of $43,966. Suggested Disposition: Receive and File; Approve Agreement Main St - MVM Memo Main - Staff Memo Main St Agreement 20. 21. Project Concern, Inc. - Foster Grandparent Program - Purchase of Service Agreement City Manager recommending approval of a Purchase of Service Agreement with Project Concern, Inc. - Foster Grandparent Program for Fiscal Year 2003 in the amount of $5,435. Suggested Disposition: Receive and File; Approve Agreement Pmj Conc - HVH Pmj Conc - Staff Proj Co~: - Agr Memo Memo Greater Dubuque Development Corporation - Purchase of Service Agreement City Manager recommending approval of a Purchase of Service Agreement with Greater Dubuque Development Corporation for Fiscal Year 2003 in the amount of $127,500. 14 Suggested Disposition: Receive and File; Approve Agreement GDDC - ~ Memo GDDC - St~ff Memo GDDC Agreement 22. 23. 24. Helping Services of Northeast Iowa - Purchase of Service Agreement City Manager recommending approval of a Purchase of Service Agreement with Helping Services of Northeast Iowa, Inc., for Fiscal Year 2003 in the amount of $1,964. Suggested Disposition: Receive and File; Approve Agreement Services - MviVl Services - St:afl Helping Se~,ice~ Agr Memo Memo Operation: New View- Purchase of Service Agreement City Manager recommending approval of a Purchase of Service Agreement with Operation: New View for Fiscal Year 2003 in the amount of $16,708. Suggested Disposition: Receive and File; Approve Agreement New View - MVH New View - St~ff New View Agreement Memo Memo Retired and Senior Volunteer Program - Purchase of Service Agreement City Manager recommending approval of a Purchase of Service Agreement with Retired and Senior Volunteer Program for Fiscal Year 2003 in the amount of $7,341. Suggested Disposition: Receive and File; Approve Agreement RSVP - MVM Nemo RSVP - St:afl Memo RSVP Agreement 25. Substance Abuse Services Center - Purchase of Service Agreement City Manager recommending approval of a Purchase of Service Agreement with Substance Abuse Services Center for Fiscal Year 2003 in the amount of $12,390. Suggested DispoSition: Receive and File; Approve Agreement SASC - MVM Memo SASC - Staff Memo SA,SC Agreement 15 26. 27. Dubuque Humane Society - Purchase of Service Agreement City Manager recommending approval of a Purchase of Service Agreement with the Dubuque Humane Society for the provision of animal shelter services through June 30, 2003. Suggested Disposition: Receive and File; Approve Agreement Humane - MVM Mere, Humane - ~ Humane Soc Memo Contract Dubuque Area Lifetime Center - Purchase of Service Agreement City Manager recommending approval of a Purchase of Service Agreement with the Dubuque Area Lifetime Center for Fiscal Year 2003 in the amount of $20,000. Suggested Disposition: Receive and File; Approve Agreement LEetime - NVM Nerr~ U~et~me - St~ff Memo Ufefdme Agreement 28. 29. St. Stephens Food Bank - Purchase of Service Agreement City Manager recommending approval of a Purchase of Service Agreement with St. Stephens Food Bank for Fiscal Year 2003 in the amount of $1,500 to prccass deer meat from the Urban Deer Management Program for Iow and moderate-income persons. Suggested Disposition: Receive and File; Approve Agreement Food Bank - MVM Food Bank - Sf0aff Food Bank Mefno Memo Agreement Project Concern, Inc. - Information and Referral and Child Care Referral - Purchase of Service Agreement City Manager recommending approval of a Purchase of Service Agreement with Project Concern, Inc - Information and Referral and Child Care Referral for Fiscal Year 2003 in the amount of $24,339 plus $3,500 for creation of a Downtown Resource Guide. Suggested Disposition: Receive and File; Approve Agreement I & R - MVM Memo I & R - Staff Memo I & R Agreement 16 30. National Guard Lease Agreement City Manager recommending approval of a lease agreement with the Iowa National Guard to allow the Guard to conduct water purification drills at Miller-Riverview Park and on the Hawthorne Peninsula. Suggested Disposition: Receive and File; Approve Agreement Guard - MVM Memo Guard - Staff Memo Guard Lease Agr 31. 32. Southwest Arterial Environmental Assessment City Manager recommending approval of an agreement between the City of Dubuque, Dubuque County, and the Iowa Department of Transportation for completion of the Addendum to the 1999 Southwest Arterial Environmental Assessment. RESOLUTION Approving the agreement between the City of Dubuque, Dubuque County, and the Iowa Department of Transportation for the completion of the Addendum to the 1999 Southwest Arterial Environmental Assessment Suggested Disposition: Receive and File; Adopt Resolution SW Arterial - St~ ~ Artedal - Staff SW Ntefial - SVV Artedal Agr Memo Memo Resolution Quarterly Investment Report City Manager submitting the Quarterly Investment Report of the Investment Oversight Commission. Suggested Disposition: Receive and File Report - MVH Memo Report - Staff Memo Cash &Eamings CerUficates i'nvest Summary Schedule of Funds Securities 33. Asbury Voluntary Annexation Communication from the Iowa Department of Economic Development advising that a voluntary annexation by the City of Asbury within the urbanized area of the City of Dubuque has been approved. Suggested Disposition: Receive and File 17 Annexaaon 34. FCC Cable Modem Decision Communication from Mediacom advising that effective with the Apdl 2002 billings, they will no longer collect franchise fees on cable modem revenues or include those revenues in their franchise fee calculation. City Manager recommending that the City contribute $5,000 from the Cable TV Fund to support the Alliance of Local Organizations Against Pre-Emption in a two-pronged response to the FCC's recent cable modem decision. RESOLUTION of the City of Dubuque, Iowa in support of the coalition of local governments appealing the Federal Communication Commission's Declaratory Ruling regarding cable modem service and offering comments and reply comments in the related FCC rulemeking Suggested Disposition: Receive and File; Adopt Resolution Media{om FCC - MVM Memo Modem - Staff Memo FCC Res~ution 35. Road Use Tax Funds Communication of City Manager Michael C. Van Milligen to area legislators urging a "no" vote to shift any Road Use Tax Funds to the general fund Suggested Disposition: Receive and File; Approve 36. Deborah DeVenuta Claim In response to an appeal by the claimant, City Manager recommending concurrence with the previous denial of the claim of Deborah DeVenuta. Suggested Disposition: Receive and File; Council C~aim - NNN t~o De~nuta - St~ff DeVenuta - Backup 18 37. Authorized Depository Institutions City Manager recommending approval of a change in the City's depository from Firstar Bank to U.S Bank due to a recent name change. RESOLUTION Naming Depositories Suggested Disposition: Receive and File; Adopt Resolution ~ Metro Resolu'don 38. Business Licenses RESOLUTION Granting the issuance of a Class B Beer Permit (5 Day Special Event) to Dubuque Jaycees - Main Event; Class B Beer Permit (6 Month) to Baseball Dreamer; Class C Beer Permit to Oky Doky ~2, Oky Doky #1, Beecher Beverage, Tobacco Outlet Plus, 16th Street Auto/Truck Plaza, McCann's Service, Casey's General Store (2699 Rockdale Rd), and Casey's General Store (4003 Peru Rd) RESOLUTION Granting the issuance of a Class C Beer/Liquor License to Denny's Lux Club, Shot Tower, and Comer Tap; Special Class C Liquor License to Athenian Grill; Class B Wine Permit to Beecher Beverage, Oky Doky #2, Oky Doky #1, and Carroll's Wine Company Suggested Disposition: Adopt Resolutions Resolution #! Resolution #2 PUBLIC INPUT 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, ne formal action may be taken at this time on your comments because of the notice requirements of the Iowa Open Meetings Law. CLOSED SESSION Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)(j) 2001 Code of Iowa Jeanne F. Schneider May 2, 2002 19