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1 6 03 Agenda with iconsCITY OF DUBUQUE, IOWA CITY COUNCIL MEETING MONDAY, JANUARY 6, 2003 6:30 P.M. LIBRARY AUDITORIUM INVOCATION Reverend Ken Gibson, Director of Development, Wartburg Theological Seminary PROCLAMATIONS Special Olympics Iowa Dubuque Winter Games Time - January 14-16, 2003 Days of Great Celebration in Honor of Martin Luther King - January 19-20, 2003 Special Olympics Proclamation Mardn Luther King Proclamation CONSENT ITEMS The consent agenda items are considered to be murine 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 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. Proof of publication of Council Proceedings for December 2, 2002 and List of Claims and Summary of Revenues for October 31, 2002; Suggested Disposition: Receive and File Airport: Commission 11 25 02 CiLy Council Environ Steward Environ Steward Five Flags of 8/-9 Comm 12 3 02 Comm :1.2 :[8 02 Five Flags of 9 16 HPC Library Bd - 9 26 Library Bd - 10 24 Transit Bd Zoning Advisory Notice of Claims/Suits IIW Engineers by Attomey Jennifer Clemens for unpaid services at DLEC; Mike Keuter for property damage; Jennifer Kder for vehicle damage; Karen Ryder 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: Jennifer Krier, Karen Ryder. Corporation Counsel recommending settlement of the claim of Russell J. Fuhrman for property damage and the Finance Director to issue payment. Suggested Disposition: Receive and File; Concur; Finance to Issue Payment Claim Response - Claim Response - Claim Response - .Jennifer Kder Karen Ryder Fuhrman Citizen Communications Charles J. Schrup Iii, Co-Chairman of the Board of American Trust Bank, expressing appreciation for renaming the River's Edge Plaza to Amedcan Trust River's Edge Plaza. Communication from Reverend Dr. Kenneth R. Bickel expressing a Concern regarding the proposed stormwater utility. Communication from Bob Fry objecting to the proposed stormwater utility. Communication from Jerry E. Oakland, St. Luke's United Methodist Church, regarding the proposed stormwater utility. Suggested Disposition: Receive and File American Trust Bickel Letter Fry Le[ter Oakland Letter Letter East Central Intergovernmental Association Annual Report Submission of the Fiscal Year 2002 Annual Report for the East Central Intergovernmental Association. Suggested Disposition: Receive and File ECIA Report 2002 Government Performance and Results Act Annual Products Report for Certified Local Governments City Manager transmitting the 2002 Government Performance and Results Act Annual Products Report and GPRA baseline questionnaire form. Suggested Disposition: Receive and File GPRA Annual Repod: 2002 GPRA Report MVM Memo Staff Memo Nat'l Park Service Staff Memo GPRA Report for CLGs 2002 CLG Repor~ CLG - Staff Memo MVM Memo Staff Memo - State CLG Report CLG Work Plan Historical Woodland Ridge Subdivision Acceptance City Manager recommending acceptance of public improvements made by Horizon Development Corporation in Woodland Ridge Subdivision. RESOLUTION Accepting improvements in Woodland Ridge Subdivision Suggested Disposition: Receive and File; Adopt Resolution Woodland Ridge Woodland Ridge MVM Memo Staff Memo Woodland Ridge - Woodland Ridge Plat Resolution Dubuque Girls' Independent League Ball Field Fencing Project City Manager recommending acceptance of the Dubuque Girls' Independent League Ball Field Fencing Project in the amount of $60,521.80. RESOLUTION Accepting improvement RESOLUTION Final estimate Suggested Disposition: Receive and File; Adopt Resolutions DGIL Ball Field Fence MVM Memo DGIL Ball Field Fenc~ Staff Memo Resolution Accepting Improvement Resolution Final Estimate 3 HPC Membemhip Suggested Disposition: Receive and File 2002 Certified Local Government (CLG) Annual Report City Manager submitting the 2002 Certified Local Government (CLG) Annual Report to the State Historical Society on the historic preservation program accomplishments. i0. Acceptance of Deeds in Dubuque County Corporation Counsel recommending acceptance of a deed to certain real estate in Dubuque County, Iowa from Mississippi Valley Truck Center, Inc. and a deed to certain real estate in Dubuque County, Iowa from Mississippi Valley Truck Center, Inc., Bill Miller Logging, Inc. and William A. Miller and Mary L. Miller. RESOLUTION Accepting the deed to certain real estate in Dubuque County, Iowa from Mississippi Valley Truck Center, Inc. RESOLUTION Accepting the deed to certain real estate in Dubuque County, Iowa, from Mississippi Valley Truck Center Inc., Bill Miller Logging, Inc., and William A. Miller and Mary L. Miller Suggested Disposition: Receive and File; Adopt Resolutions Deeds - BAL Ltr Resolution - ResolLCJon - Millers Mississippi Valley Comprehensive Annual Financial Report (CAFR), Parking Facilities Financial Statements, Management Letter and Responses City Manager transmitting Fiscal Year 2002 Comprehensive Financial Report (CAFR), Parking Facilities Financial Statements, Management Letter and City responses to the Management Letter. Suggested Disposition: Receive and File CAFR -MVM Memo CAFR - Staff Memo Audit Ltr Responses Staff Memo Eide Bailly Parking Facilities Accountants Letter Financial Statements 11, NOTE: Comprehensive Annual Report enclosed as hard copy. Human Rights Commission Communication from Katherine V. Stevens stating she is not reapplying to serve on the Human Rights Commission. Suggested Disposition: Receive and File Stevens Letter i2. United States Department of Commerce Communication from US Department of Commerce's Economic Development Administration advising that the City's application for an EDA investment in the amount of $2,000,000 has been approved. 4 Suggested Disposition: Receive and File EDA Letter 13. 14. 15. iowa Department of Transportation Agreement. 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 construction of roadway to the Rip Row Valley development at the Mines of Spain Recreation Area. Suggested Disposition: Receive and File; Approve Mines of Spain - MW Mines of Spain Road Mines of Spain Mines of Spain Map Mines of Spain Memo Staff Memo Agreement Drawing Heritage Trail Extension Engineering Contract Amendment City Manager recommending approval to amend the engineering contract 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 16m Street across the Peosta Channel to the Heron Pond Wetlands Nature Trail in Miller-Riverview Park. RESOLUTION Approving amendment of engineering contract for Heritage Trail Extension Project Suggested Disposition: Receive and File; Adopt Resolution Heritage Trail F_xt Heritage Trail Ext MVM Memo Staff Memo Heritage Trail - Heritage Trail Resolution Agreement Total Administrative Services Corporation (TASC) Agreement - Flex Spending City Manager recommending approval of the Administrative Services agreement with Total Administrative Services Corporation (TASC) for the City's Flexible Spending Program from January 1, 2002 through December 31, 2003. Suggested Disposition: Receive and File; Approve TASC Agreement TASC Agreement Flex Spending Adm MVH Memo Staff Memo Services Agreement Flex System Services Exhibit A 5 16. 17. EPA Brownfield Pilot Program Consultant Contract Approval City Manager recommending approval of contract for Environmental Assessments and Consulting Services with Terracon under USEPA Brownfield Assessments Demonstration Pilot grant program in the Port of Dubuque. RESOLUTION Authorizing Contract for ServiCes For Environmental Assessments and Consulting Services for USEPA Brownfield Assessment Demonstration Pilot Project in the Port of Dubuque. Suggested Disposition: Receive and File; Adopt Resolution Brownfield - HVH Brownfield - Staff Brownfield - Terracon Ltr EPA Hemo Flemo Resolution Proj & qualifications Dubuque Metropolitan Area Solid Waste Agency Communication from Jan Hess, Secretary for the Dubuque Metropolitan Area Solid Waste Agency, submitting the Fiscal Year 2004 landfill fees and the expenditure and revenue budget for the DMASWA. Suggested Disposition: Receive and File Hess Letter Tipping Fees DHASWA Budget DIve, WA Minutes 18. Community Development Advisory Commission Communication from the Community Development Advisory Commission to the Long Range Planning Commission and the Zoning Commission regarding the development proposal by Wal-Mart for industrial property owned by Smithfield Foods on 16th Street. Suggested Disposition: Receive and File CDAC Letter 19. Greetings from Pyatigorsk Communication from the Mayor of Pyatigorsk wishing the Mayor, City Council, and citizens of Dubuque a Merry Christmas and Happy New Year. Suggested Disposition: Receive and File Pyatigorsk Ltr 6 20. 21. Pre-Disaster Mitigation Plan City Manager recommending that the City participate in a multi-jurisdictional project, with the East Central Intergovernmental Association with taking the lead, to apply for a Federal grant to complete the Hazard Mitigation Planning process. Suggested Disposition: Receive and File; Approve Mitigation Plan - MVI~ Mitigation Plan - Mitigation Plan - Memo Staff Memo ECTJ~ Lb' America's First Responders Communication from the National League of Cities requesting that the City submit a letter to President Bush urging him to provide funding to police, fire, emergency medical personnel and other first responders. Suggested Disposition: Receive and File NLC Letter President Lb' 22. Hazard Mitigation Grant Program City Manager recommending approval of a request to our Federal Legislators for $46,225 in FEMA funding to acquire one commercial property that was substantially damaged as a result of June 2002 flooding. Suggested Disposition: Receive and File; Approve Hazard Mitigration - Legislative Letters MVM Memo 23. Iowa Department of Transportation Communication from the Iowa Department of Transportation providing notice that they intend to renew and extend corridor preservation along U.S. 20 from the Peosta Interchange easterly to near the intersection with the Northwest Arterial. Suggested Disposition: Receive and File :[DOT Letter 1DOT - Zone Map Segment 1 Segment 2 7 24. Business Licenses RESOLUTION Granting issuance of a permit to sell Cigarettes and Cigarette Papers to Hartig Drug, Inc. RESOLUTION 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. RESOLUTION 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 Breezers Pub; and Class "B" Wine License to Dubuque Religious Center Suggested Disposition: Adopt Resolutions Resolution #1 Resolution #2 Resolution #3 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 consider a voluntary annexation request for two pamels that comprise a portion of the right-of-way for Tanzanite Drive. Suggested Disposition: Receive and File; Public Hearing 2/3/02 Tanzanita - MVM Tanzanite - Staff Tanzanita - Tanzanite - Exhibit A Tanzanite Dr Exhibit Memo Memo Resolution B Tanzanite Dr. Ltr Tanzanite Dr Plats Tanzanite ROW BOARDS/COMMISSIONS Appointments to the following Commission: Human Rights Commission (Three 3-Year terms to expire 01101106) Applicants: Cynthia Checotah, Penny Ehlinger, Joseph A. Hopkins, Marty O'Shea, Charles F. Ryan, Vincent J. Vanden Heuvel, Kimberly Walsh. Boards Overview Usting Board & Comm List Human Rights Applications 8 PUBLIC HEARING Decorah Street - Vacation and Sale Proof of publication on notice of hearing to consider the vacation and sale of a portion of Decorah Street east of Adair Street, with a reservation of a perpetual easement for utilities, to Douglas and Jean Kapp and William and Carole Kubler, and City Manager recommending approval RESOLUTION Disposing of City interest in Lot 10A and Lot 1 lA of Woodlawn Park, City of Dubuque, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Decorah - MVM Decorah - SLaff Memo Memo Decorah - Resolution Decorah I Map Decorah - Request Decorah - Plat Ltr Items from December i6, 2002 Meeting Decorah St Vacate Decorah SI: Vacate Resolution Approving MVM Memo Staff Memo Plat Ordinance Vacating Intent to Dispose Resolutio ACTION ITEMS Greater Dubuque Development Corporation Rick Dickinson, Greater Dubuque Development Corporation, to provide a verbal report regarding the activities of GDDC for the last quarter. Suggested Disposition: Receive and File Demolition District Review Process Revision Historic Preservation Commission recommending 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. ORDINANCE 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 Suggested Disposition: Receive and File; Motion B; Motion A Demolition Process HPC Memo Demolition District Change Ordinance 9 Mediacom Rate Increase City Manager submitting information regarding Mediacom's proposed rate increase effective February 1,2003. Suggested Disposition: Receive and File Mediacom - MVM Mediacom - Staff Basic Rate Chart Mediacom Memo Memo Information City Council Appointments Communication from Operation: New View requesting appointment of the City's designees to their Board for calendar year 2003. Mayor and City Council appointments to various Boards and Commissions. Suggested Disposition: Receive and File; Council Appointments New View Ltr Board Memberships COUNCIL MEMBER REPORTS 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, 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, City Clerk January 2, 2003 10