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6 2 03 Skeleton SheetCITY COUNCIL REGULAR SESSION, JUNE 2, 2003 COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE LIBRARY AUDITORIUM .RESE.~: MAYOR BUG~", COU.C,L MEMBERS .~OL. C~"E, CO~.ORS, MARK. . M,c. SK,. _/ CITY MANAGER MICHAEL VAN MILLIGEN; CORPORATION COUNSEL BARRY MNDAHL ABSENT: Mayor Duggan read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the City Council. INVOCATION: Father Dwayne Thoman, Spiritual Director of Wahlert High School CONSENT AGENDA ~es Nays · Duggan // ~Markham I~'~h:halski ~ Nichoison ~ Cline Connors 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 April 30. Suggested Disposition: Receive and File m 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 w 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 2 m Iowa Department of Transportation Communication from the Iowa Department of Transportation regarding the Corridor Preservation Zone along U.S. 20 from the Peosta interchange east to near the intersection with the Northwest Arterial. Suggested Disposition: Receive and File; Refer to City Manager 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 Cotfingham and Butler City Manager recommending approval of an Intercreditor Agreement by and between the City and the Iowa Depa~b~ent of Economic Development providing for the sharing of secudty interests in mortgages related to Cottingham and Butler's Town Clock Building. RESOLUTION /:~-~_~ Approving an Intercreditor Agreement with the Iowa Department of Economic Development for property owned by Cottingham and Butler Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Duggan Markham ~ Michalski Nicholson I Buol Cline Connors 3 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 z 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 t0. Asbury Plaza Drainage City Manager submitting a response to inquiries regarding the Asbury Plaza drainage issue. Suggested Disposition: Receive and File Ayes Nays Duggan Markham Michalski Nicholson Buol Cline Connors 4 11. 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 12. 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 13. Library Board of Trustees Communication from Susan Hendcks, Library Director, advising that Library Board Member Kevin Lynch does not intend to reapply for appointment to the Board. Suggested Disposition: Receive and File t4. 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 Ayes Nays Duggan Markham Michalski Nicholson Buol Cline Connors 5 15. Business Licenses RESOLUTION Street, LLC Granting the issuance of a cigarette license to Easy RESOLUTION /~'-~'-'~J Granting the issuance of a Class "B" Beer Permit to Pizza Hut (2075 John F. Kennedy Road and 320 East 20th Street) and a Class "B" Beer (Six Month) License to Bricktown Brewery RESOLUTION /~'~' ~.~ Granting the issuance of a Class "C" BeedLiquor License to Dubuque Bowling Lanes, Jumpers Sports Bar and Easy Street Suggested Disposition: Adopt Resolutions 16. Legislative Communication Communication of the City Manager to Senator Chades Grassley thanking him for fighting for federal financial assistance for states and requesting that he urge the State of Iowa to honor the intent of the federal assistance package, Suggested Disposition: Receive and File Ayes Nays Duggan Markham ~ Michaiski Nicholson /) Buol Cline Connors 6 ITEMS TO BE SET FOR PUBLIC HEARING Sale of City Property - June 16, 2003 Mediacom Franchise Extension - June 16, 2003 Easements - Riprow Valley - June 16, 2003 Nays Duggan Markham ~Michalski //-~lichoison Buol ~)Cline Sale of City Property City Manager recommending that a public headng be set for June 16, 2003 to consider a request from Randall J. Klauer to purchase Lot 319 of Ham's Addition, located on the comer of Rhomberg Avenue and Hawthorne Street. RESOLUTION /~ '~ Addition, Dubuque, Iowa of Intent to dispose of interest in Lot 319 of Ham's Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 6116103 w 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 EEC. Suggested Disposition: Receive and File; Adopt Resolution; Pubic Hearing 6116103 7 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 Government Lot #1, all in Section 6, T88, R3E, in the City of Dubuque, Iowa for easements for the Riprow Valley Trailhead Project Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 6/16/03 Ayes Nays Duggan Markham Michalski Nicholson Buol Cline Connors 8 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/moderats Income vacancy to expire 2/t5104 and two Iow/moderate income vacancies to expire Apphcante: Gina B~II (,.A'~rge), Sr. Paulq Ma~y, SVM (At-Large), David Shaw (Low/ Moderate Income) ~ ~ ~ .~v- Historic Preservatior~ Commlssmn (One' unexpired three-year term for Old Mmn D~strict to expire 711103, one three-year term for Cathedral District to expire 7/1103, and one three-year term for At-L~L..ar~e to expire 711106 - currently James Gibbs) ~ Applicants: Michae~ Cocrg~Cathedral District), James E. Gibbs (At-Large), Christine piS-On Investment Oversight Advisory Commission (Two three-year terms to expire 711106 - Terms of Lassance and Melendez): Applicants: Paul Lassance and Hirram Melendez Library Board of Trustees - Mayor Appointment (Two four-year terms to expire 71t/07 - Terms of Lindsay and Lynch) Applicants: Alan Avery and Susan Lindsay Zoning Advisory Commission (Two three-year terms to expire 711106 - Terms of Hardie and Roush) Applicants: Stephen Hardie and Ben Roush 9 PUBLIC HEARINGS SUSPEND THE RULES Ayes Nays ~ Duggan //. Markham /~ ~Michalski / /~Nicholson B.u. ol ./ _Chne /, onno 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 Ap~-~e~-ii;A~t~Zoning Ordinance) of the City of Dubuque~ (~ode of Ordinances by reclassifying hereinafter described property located south of Holliday Ddve, west of the Northwest Arterial, from AG Agricultural Distdct to C-3 General Commercial zoning district, with conditions Suggested Disposition: Receive and File; Motion B; Motion A es Nays Duggan '" m Markham /. /~lMichalski /~/ L/Nicholson / Buol · ~Cline / Ayes Nays /~qA.arkham  /~M~chalski · ~Nicholson  ~' Buol Cline Connors 10 = 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 Ayes Nays ,~ Duggan ~/Markham Michalski Nicholson ~-~Buol /~/Cline ~' Connom = 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 2r~ 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 2r~ Addition in the City of Dubuque, Iowa, to Vessel Systems, Inc. Suggested Disposition: Receive and File; Adopt Resolution ~yes Nays Duggan -/ Markham  /3~,lichalski /.,,~icholson /~7~] BUOI ~-~ Cline Connors 11 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. RESOLUTION //~;;7~_ .5~2~ Adopting plans and specifications for the project RESOLUTION /~:~- ~, ~ Awarding contract to River City Paving Suggested Disposition: Receive and File; Adopt Resolutions es Nays Duggan Markham M!chalski REINSTATE THE RULES A Nays ~ ~s Duggan / Markham / ~, Michalski ~) Nicholson / '~ Buol //~Cline / Connors 12 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 rooms at the Grand River Center. Suggested Disposition: Receive and File; Approve Ayes Nays Duggan Markham ,~,Michalski /~Nicholson ~', Buol · ~ Cline Connors x 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  yes Nays Duggan Markham Michalski /-j Nicholson //~Buol ~//Cline Connors 13 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 Disposi§on: Receive and File; ~1 Appointment /y~ es Nays r~Duggan (~)Markham ~/Michalski ~/ Nicholson ~,~ ^Buol ~'Connors Budget Reduction Worksession City Manager requesting City Council direction on a date for the Budget Reduction VVorksession. Suggested Disposition: Receive and File; Council Direction Duggan Markham Michalski Nicholson ~ ~//×' ~Buol COUNCIL MEMBER REPORTS 14 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. 15 :