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6 2 03 Agenda No IconsNote: Anyone with a Hearing Difficulty please contact the City Clerk before the beginning of the Council Meeting to possibly procure the use of a device to improve hearing ability. CITY COUNCIL MEETING CITY OF DUBUQUE, IOWA WELCOME ...... to this meeting of the DUBUQUE CITY COUNCIL. This is a formal meeting of the City Council, during which the Council takes official action on various items of business. These items are listed on the attached AGENDA. Each of these items has been studied by the City Staff and reviewed by the City Council prior to this Meeting. Listed below are guidelines adopted by the City Council for citizens to observe when addressing the Council about an item: Persons who would like to speak on a particular item should approach the microphone at the time the item comes up for discussion and wait to be' recognized by the Mayor. Please be prepared to address the Council by proceeding to the podium and waiting in line to speak even though someone may be speaking. WHEN YOU ARE RECOGNIZED BY THE MAYOR~ FIRST STATE YOUR NAME AND ADDRESS~ AND IF YOU ARE REPRESENTING ANOTHER PARTY~ ALSO GIVE THE NAME AND ADDRESS OF SUCH PARTY REMARKS MUST BE LIMITED TO 5 MINUTES OR LESS. SPEAKERS WIII BE ALLOWED TO SPEAK ONLY ONCE UNLESS QUESTIONS ARE ASKED BY COUNCIL~ FOR FURTHER CLARIFICATION. If you would like to speak to the Council on an item you were unable to have put on the agenda, the appropriate time is at the end of the meeting during the Public Input which appears at the bottom of the agenda. The Mayor will ask "Is there anyone in the Council Chambers who would like to address the Council?" THANK YOU FOR ATTENDING THIS MEETING. CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM MONDAY, JUNE 2, 2003 INVOCATION Father Dwayne Thoman, Spiritual Director of Wahlert High School PROCLAMATION Rising Stars Independent League Days 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. Minutes and Reports Submitted City Council of May 19; Downtown Planning Commission of 5/5; Housing Commission of April 22; Human Rights Commission of Apd114; Proofs of publication of City Council Proceedings of May 5 and May 8 and List of Claims and Summary of Revenues for month ending Apdl 30. Suggested Disposition: Receive and File Notice of Claims/Suits Susan Breitbach for vehicle damage; Mortgage Electronic Registration Systems, Inc. vs. City of Dubuque, Iowa; United Way Services, inc. for property damage Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report Corporation Counsel recommending settlement of the claim of Randy Schmerbach for property damage and Becky Hanson for property damage and recommending that the Finance Department issue payment. Suggested Disposition: Receive and File; Concur; Finance to Issue Payment Citizen Communications Communications from citizens regarding the importance of retaining the School Resource Officers (SRO) in the City's schools. Suggested Disposition: Receive and File Iowa Department of Transportation Communication from the Iowa Department of Transportation regarding the Corridor Preservation Zone along U.S. 20 from the Peosta intemhange east to near the intersection with the Northwest Arterial. Suggested Disposition: Receive and File; Refer to City Manager m 10. Legislative Issues Statement by Governor Vilsack on the U.S. Senate Economic Stimulus Package. Communication from Governor Thomas J. Vilsack to City Manager Michael Van Milligen regarding the Iowa Values Fund. Communication from City Manager to State Legislators regarding federal funding. Suggested Disposition: Receive and File Intercreditor Agreement for Cottingham and Butler City Manager recommending approval of an lntemreditor Agreement bY and between the City and the Iowa Department of Economic Development providing for the sharing of secudty interests in mortgages related to Cottingham and Butler's Town Clock Building. RESOLUTION Approving an lntercreditor Agreement with the Iowa Department of Economic Development for property owned by Cottingham and Butler Suggested Disposition: Receive and File; Adopt Resolution Second Amendment to Development Agreement with Interstate Power and Light Company City Manager recommending approval of a second amendment to the Development Agreement between the City and Interstate Power and Light Company providing for the development of property purchased by Interstate in the Dubuque Industrial Center West. Suggested Disposition: Receive and File; Approve Downtown Neighborhood Council Communication from the Historic Preservation Commission recommending approval of a request from the Downtown Neighborhood Council to place trash receptacles in the public right-of-way in Jackson Park. Suggested Disposition: Receive and File; Approve Plastic Center, Inc. Agreement City Manager recommending acceptance of a settlement with Plastic Center, Inc. for their lawsuit against the City related to the design standards in the Ice Harbor urban Renewal District. Suggested Disposition: Receive and File Asbury Plaza Drainage City Manager submitting a response to inquiries regarding the Asbury Plaza drainage issue. Suggested Disposition: Receive and File 2 11. 12. 13. Lead Hazard Reduction Grant City Manager recommending approval of an application to the U.S. Department of Housing and Urban Development for $2,000,000 for the continuation of the Lead-Based Paint Hazard Prevention Program. Suggested Disposition: Receive and File; Approve Dubuque County Board of Supervisors Communication from City Manager Michael Van Milligen to the Dubuque County Board of Supervisors regarding a rezoning request for property on Seippel Road and the placing of certain conditions on the rezoning. Suggested Disposition: Receive and File Library Board of Trustees Communication from Susan Henricks, Library Director, advising that Library Board Member Kevin Lynch does not intend to reapply for appointment to the Board. Suggested Disposition: Receive and File 14. Business License Refund Request of The Ground Round, Inc., for a refund on their Beer and Liquor Combination License in the amount of $422.50. Suggested Disposition: Receive and File; Approve 15. Business Licenses RESOLUTION Granting the issuance of a cigarette license to Easy Street, LLC RESOLUTION Granting the issuance of a Class "B" Beer Permit to Pizza Hut (2075 John F. Kennedy Road and 320 East 20~ Street) and a Class "B" Beer (Six Month) License to Bricktown Brewery RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to Dubuque Bowling Lanes, Jumpers Sports Bar and Easy Street Suggested Disposition: Adopt Resolutions ITEMS TO BE SET FOR PUBLIC HEARING Sale of City Property City Manager recommending that a public hearing be set for June 16, 2003 to consider a request from Randall J. Klauer to pumhase Lot 319 of Ham's Addition, located on the corner of Rhomberg Avenue and Hawthorne Street. RESOLUTION of Intent to dispose of interest in Lot 319 of Ham's Addition, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 6/16/03 3 Mediacom Franchise Extension City Manager recommending that a public hearing be set for June 16, 2003 to consider an additional short-term extension through December 31, 2003 of the existing Mediacom cable franchise and side agreements under the terms currently in effect. RESOLUTION of Intent to grant a short-term extension of an existing cable services franchise and an existing hub site lease to MCCIowa L.L.C. Suggested Disposition: Receive and File; Adopt Resolution; Pubic Hearing 6/16/03 Easements - Riprow Valley City Manager recommending that a public hearing be set for June 16, 2003 to consider granting two easements on city-owned land at the Riprow Valley Trailhead. RESOLUTION of Intent to dispose of City interest in development dghts for Lot 1 of 1 of Government Lot #1; Lot 1, Rock Cut Subdivision; and Lot A of Govemment Lot #1, all in Section 6, T88, R3E, in the City of Dubuque, iowa for easements for the Riprew Valley Trailhead Project Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 6/16/03 BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Community Development Advisory Commission (One at-large and one Iow/moderate Income vacancy to expire 2115104 and two Iow/moderate income vacancies to expire 2/15/05) Applicants: Gina Bell (At-Large), Sr. Paula Maloy, SVM (At-Large), David Shaw (Low/ Moderate Income) Historic Preservation Commission (One unexpired three-year term for Old Main District to expire 7/1/03, one three-year term for Cathedral District to expire 711103, and one three-year term for At-Large to expire 7/1/06 - currently James Gibbs) Applicants: Michael Cody (Cathedral District), James E. Gibbs (At-Large), Christine OIson (At-Large) Investment Oversight Advisory Commission (Two three-year terms to expire 7/1106 - Terms of Lassance and Melendez): Applicants: Paul Lassance and Hirram Melendez Library Board of Trustees - Mayor Appointment (Two four-year terms to expire 7/1/07 - Terms of Lindsay and Lynch) Applicants: Alan Avery and Susan Lindsay Zoning Advisory Commission (Two three-year terms to expire 7/1/06 - Terms of Hardie and Roush) Applicants: Stephen Hardie and Ben Roush 4 PUBLIC HEARINGS SUSPEND THE RULES QHQ Properties - Request to Rezone (Tabled at May 19, 2003 Meeting) Proof of publication on notice of hearing to consider rezoning property located south of Holliday Drive, west of the Northwest Arterial, from AG Agricultural District to C-3 General Commercial zoning district at the request of QHQ Properties and Zoning Advisory Commission recommending approval, with conditions; Communication from Mary Jungbluth in opposition to the rezoning of property located west of the Northwest Arterial and south of Asbury Road. Communication from Susan and Patrick Meehan in opposition to the rezoning of property adjacent to their home. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located south of Holliday Drive, west of the Northwest Arterial, from AG Agricultural District to C-3 General Commercial zoning district, with conditions Suggested Disposition: Receive and File; Motion B; Motion A Vacating Petition - Railroad Street in Centre Grove Addition Proof of publication on notice of hearing and City Manager recommending approval of a request from Flint Drake, representing the estate of Edward J. Zalaznik, for the vacating of Railroad Street in Centre Grove Addition. RESOLUTION Disposing of City interest in Lots 21A and 22A of Centre Grove Addition in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution Expansion of Vessel Systems, Inc. at the Dubuque Industrial Center West Proof of' publication on notice of hearing and City Manager recommending approval of the disposition of Lots 7 and 8 in Dubuque Industrial Center West 2nd Addition to VesSel Systems, Inc. for the purpose of constructing a 31,000 square foot manufacturing facility and approval of a Development Agreement with Vessel Systems, Inc. RESOLUTION Approving a Development Agreement providing for the sale and private development of Lots 7 and 8 in the Dubuque industrial Center West 2nd Addition in the City of Dubuque, Iowa, to Vessel Systems, Inc. Suggested Disposition: Receive and File; Adopt Resolution 5 2003 (Fiscal Year 2004) Asphalt Paving Project 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 a contract for the 2003 (Fiscal Year 2004) Asphalt Paving Project to River City Paving, a Division of Mathy Construction, in the amount of $635,720.71. m RESOLUTION Adopting plans and specifications for the project RESOLUTION Awarding contract to River City Paving Suggested Disposition: Receive and File; Adopt Resolutions REINSTATE THE RULES ACTION ITEMS Grand River Center Naming Opportunities City Manager recommending that naming opportunities be made available for different spaces at the Grand River Center, the Shot Tower Visitor Center and the Hawthorne Street Peninsula Water Works Park and approval of temporary names for the meeting moms at the Grand River Center. Suggested Disposition: Receive and File; Approve Busted Lift Outdoor Service Agreement City Manager recommending approval of approval of a Lease Agreement Between the City of Dubuque and John Finn for the use of public right of way for outdoor service at the Busted Lift. Suggested Disposition: Receive and File; Approve Pre-Disaster Mitigation Planning Committee Communication of the City Manager to Mayor Duggan requesting that he make appointments of city representatives to the Pre-Disaster Mitigation Planning Committee. Suggested Disposition: Receive and File; Council Appointment Budget Reduction Worksession City Manager requesting City Council direction on a date for the Budget Reduction Worksession. Suggested Disposition: Receive and File; Council Direction COUNCIL MEMBER REPORTS 6 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 cleady. 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 May 29, 2003 7