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1 06 03 Agenda - No 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 CONSENT ITEMS 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. 1. 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 2. Notice of Claims/Suits IIW Engineers by Attorney Jennifer Clemens for unpaid services at DLEC; Mike Keuter for property damage; Jennifer Krier 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 3. 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 American 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 4. 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 5. 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 6. 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. Suggested Disposition: Receive and File 7. 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 2 Suggested Disposition: Receive and File; Adopt Resolution 8. 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 9. 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 10. 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 11. 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 12. 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. 3 Suggested Disposition: Receive and File 13. 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 14. Heritage Trail Extension Engineering Contract Amendment City Manager recommending approval to amend the engineering contract with Veenstra nd & Kimm for the Heritage Trail Extension project from 22 Street to the Mines of Spain which would add the connection from the Dubuque Jaycees Trail at the NE corner of th Kerper Boulevard and 16 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 15. 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 16. 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. 4 Suggested Disposition: Receive and File; Adopt Resolution 17. 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 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 th proposal by Wal-Mart for industrial property owned by Smithfield Foods on 16 Street. Suggested Disposition: Receive and File 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 20. 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 21. 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 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. 5 Suggested Disposition: Receive and File; Approve 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 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 ITEMS TO BE SET FOR PUBLIC HEARING 1. 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 parcels that comprise a portion of the right-of-way for Tanzanite Drive. Suggested Disposition: Receive and File; Public Hearing 2/3/02 BOARDS/COMMISSIONS Appointments to the following 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. Vanden Heuvel, Kimberly Walsh. PUBLIC HEARING 1. 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. 6 RESOLUTION Disposing of City interest in Lot 10A and Lot 11A of Woodlawn Park, City of Dubuque, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution ACTION ITEMS 1. 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 2. 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 3. Mediacom Rate Increase City Manager submitting information regarding Mediacom’s proposed rate increase effective February 1, 2003. Suggested Disposition: Receive and File 4. 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 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; 7 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 8