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Proof Council Minutes 6 2 03~ 30: vs. of STATE OF IOWA DUBUQUE COUNTY CERTIFICATION OF PUBLIC I, Sherri A. Y. ut~._, a Billing Clerk for Woodward corporation, publisher of the Telegraph Herald,a n published in the City of Dubuque, County of Dubt certify that the attached notice was published in sa dates: June 11, 2003, and for which the charge is $ ° STATE OF IOWA DUBUQUE COUNTY {SS: CERTIFICATION OF PUBLICATION I, S_herri A. Yutzy, a Billing Clerk fo~ Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: June 11, 00a, and for which the charge is $163.88. 2 ~' ' Subscribed to before n}er~Notary Public in and for Dubuaue County, Iowa, this--/-°~ day °f~~ ,~ ,20 ~. ~sotary Public in and for Dubuque County, Iowa. ,~ ] My Comm. Exp. FEB. 'f, 2006 CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, June 2, 2003 Council met in Regular , Session at 6:30 P.M. in the ,Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Mayor Duggan read the call and stated this is a reg- -ular session of the City Council called for the pur- pose of discussing such matters which may proper- ly come before the City Council. Invocation was given by Father Dwayne Thoman, Spiritual Director of Wahlert High School. - Proclamation: Rising Stars Independent League Days received by Jeff Gallery. CONSENT ITEMS Minutes and Reports Submitted: City Council of May 19; Downtown Planning Commission of 5/5; Housing Commission „of April 22; Human Rights Commission of April 14, upon motion received and filed. 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, .upon motion received and filed. Notice of Claims/Suits: Susan Breitbach for oMortgage vehicle damage; 9e Electronic Registration Systems, Inc. vs. City of Dubuque, Iowa; United Way Services, Inc. for property damage, upon _motion referred to the Legal Staff for investigation and/report. Corporation Counsel rec- ommending settlement of the claim of Randy Schmerbach for property damage and Becky Hanson for property dam- age and recommending _that the Finance Department issue pay- ment, upon motion received and filed and Finance Director to issue payment. Citizen Communications: Communications from citi- zens regarding the impor- tance of retaining the -School Resource Officers (SRO) in the City's schools, upon motion received and filed. 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 intersec- tion with the Northwest Arterial, upon motion received and filed and referred to the City Manager. Legislative Issues: Statement by Governor Vilsack on the U.S. Senate Economic Stimulus Package, upon motion received and filed. Communication from Governor Thomas J. Vilsack to City Manager Michael Van Milligen regarding the Iowa Values Fund, upon motion -received and filed. Communication from City Manager to State Legislators regarding fed- eral funding, upon motion received and filed. Intercreditor Agreement for Cottingham and Butler: City Manager recommend- ing approval of an Intsrcred(tor-Agreement by and' tsetween the City and the Iowa Department of Economic Development providing for the sharing of security interests in mort- gages related to Cottingham and Butler's Town Clock Building, upon ,motion received and filed. Buol moved adoption of Resolution No. 183-03 Approving an Intercreditor Agreement with the Iowa Department of Economic Development for property owned by Cottingham and Butler. Seconded by Michalski. Motion carried 7-0. 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, upon motion received and filed and approved recommenda- tion. 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, upon motion /received and filed and filed. 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, upon motion received and filed. 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, upon motion received and filed and approved refund. Business Licenses: Buol moved adoption of Resolution No. 184-03 Granting the issuance of a cigarette license to Easy Street, LLC; Resolution No. 185-03 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; and Resolution No. 186-03 Granting the issuance of a Class "C" Beer/Liquor License to Dubuque Bowling Lanes, Jumpers Sports Bar and Easy Street. Seconded by Michalski. Motion carried 7-0. Communication of the City Manager to Sei: cinr Charles Grassley thank„ing him for fighting for federal financial assistance for states and requesting that he urge the State of Iowa to honor the intent of the motion received and filed. Cline moved adoption of Resolution No. 188-03 of Intent to grant a short-term extension of an existing cable services franchise and an existing hub site lease to MCClowa L.L.C. and set this for public hear- ing on 6/16/03 at a meeting to commence at 6:30 P.M. in the public library audito- rium and that the City Clerk publish notice in the man- ner prescribed by law. Seconded by Nicholson. Motion carried 7-0. Easements - Riprow Valley: City Manager rec- ommending that a public hearing be set for June 16, 2003 to consider granting two easements on city - owned land at the Riprow Valley Trailhead, upon motion received and filed. Cline moved adopt -ion of Resolution No. 189-03 of Intent to dispose of City interest in development rights 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 ease- ments for the Riprow Valley Trailhead Project and set this for Public Hearing on 6/16/03 at a meeting to commence at 6:30 P.M. in the public library auditori- um and that the City Clerk publish notice in the man- ner prescribed by law. Seconded by Nicholson. Motion carried 7-0. BOARDS/COMMISSIONS Applicants are invited to and Hiram Melendez. No one spoke. 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. No one spoke. Zoning Advisory Commission (Two three- year terms to expire 7/1/06 - Terms of Hardie and Roush) Applicants: Stephen Hardie and Ben Roush. No one spoke. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the Council if they so desire. Mayor Duggan turned control of the meeting to Mayor Pro-Tem Cline due to possible conflict of inter- est. Upon motion the following was removed from the table: QHQ Properties - Request to Rezone (Tabled at May 19, 2003 Meeting): Proof of publication on notice of hearing to consid- er rezoning property locat- ed south of Holliday Drive, west of the Northwest Arterial, from AG Agricultural District to C-3 General Commercial zon- ing district at the request of QHQ Properties and Zoning Advisory Commission recommend- ing approval, with condi- tions; Communication from Mary Jungbluth in opposi- tion to the rezoning of property located west of the Ordinance - additional screening with replace- ment as necessary and no drinking establishments be allowed in the commercial development. Nicholson moved to close the public hearing and table the issue until the applicant brings it back. Seconded by Michalski. Motion carried 6-0. Council directed the appli- cant and neighbors to work together to reach a mutual- ly agreeable solution to the issues presented. Mayor Duggan retumed and took control of the meeting. 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, upon motion received and filed. Markham moved adoption of Resolution No. 190-03 Disposing of City interest in Lots 21A and 22A of Centre Grove Addition in the City of Dubuque, Dubuque County, Iowa. Seconded by Cline. Motion carried 7- 0. Expansion of Vessel Systems, Inc. at the Dubuque Industrial Center West: Proof of publication on notice of hearing and City Manager recommend- ing approval of the disposi- tion of Lots 7 and 8 in Dubuaue Industrial Center Seconded by Cline. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the Council. ACTION ITEMS Grand River Center Naming Opportunities. City Manager recommend- ing that naming opportuni- ties 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 tem- porary names for the meet- ing rooms at the Grand River Center, upon motion received and filed and approved recommenda- tion. Busted Lift Outdoor Service Agreement: City Manager recommending 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, upon motion received and filed and approved recom- mendation. Pre -Disaster Mitigation Planning Committee: Communication of the City Manager to Mayor Duggan requesting that he make appointments of city repre- sentatives to the Pre - Disaster Mitigation Planning Committee, upon motion received and filed and approved appoint- ments of Council Members Dan Nicholson and Ann Michalski and staff currently serving. Budget Reduction Work STATE OF I DUBUQUE ( CER7 I, Sherri A. Yutzy, a corporation, publishe. published in the City certify that the attach dates: June 11, 2003, vlisacK to ulty Manager Michael Van Milligen regarding the Iowa Values Fund, upon motion -received and filed. Communication from City Manager to State Legislators regarding fed- eral funding, upon motion received and filed. Intercreditor Agreement{ for Cottingham and Butler: City Manager recommend- ing approval of an IntercreditorAgreement by and between the City and the Iowa Department of Economic Development providing for the sharing of security interests in mort- gages related to Cottingham and Butler's Town Clock Building, upon motion received and filed. Buol moved adoption of Resolution No. 183-03 Approving an Intercreditor Agreement with the Iowa Department of Economic Development for property owned by Cottingham and Butler. Seconded by Michalski. Motion carried 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, upon motion received and filed and approved recommenda- tion. 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, upon motion !received and filed and approved recommenda- tion. Plastic Center, Inc. Agreement: City Manager recommending accep- tance of a settlement with Plastic Center, Inc. for their lawsuit against the City related to the design stan- dards in the Ice Harbor Urban Renewal District, upon motion received and filed. Asbury Plaza Drainage: City Manager submitting a response to inquiries regarding the Asbury Plaza drainage issue, upon motion received and filed. p Lead Hazard Reduction Grant: City Manager rec- ommending approval of an application to the U.S. Department of Housing and Urban Development for $2,000,000 for the con- tinuation of the Lead - Based Paint Hazard Prevention Program, upon motion received and filed and approved recommen- dation. Dubuque County Board of Supervisors: Communication from City Manager Michael Van Milligen to the Dubuque County Board of Supervisors regarding a +rezoning request for prop- erty on Seippel Road and the placing of certain con- ditions on the rezoning, upon motion received and filed. 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, upon motion received and filed. 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, upon motion received and filed and approved refund. Business Licenses: Buol moved adoption of Resolution No. 184-03 Granting the issuance of a cigarette license to Easy Street, LLC; Resolution No. 185-03 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; and Resolution No. 186-03 Granting the issuance of a Class "C" Beer/Liquor License to Dubuque Bowling Lanes, Jumpers Sports Bar and Easy Street. Seconded by Michalski. Motion carried 7-0. Communication of the City Manager to Sei tor Charles Grassley thank log - 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 pack- age, upon motion received and filed. 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 con- sider a request from Randall J. Klauer to pur- chase Lot 319 of Ham's Addition, located on the corner of Rhomberg Avenue and Hawthorne Street, upon motion received and filed. Cline moved adoption of Resolution No. 187-03 of Intent to dispose of interest in Lot 319 of Ham's Addition, Dubuque, Iowa and further set this for Public Hearing on 6/16/03 at a meeting to commence at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner pre- scribed by law. Seconded by Nicholson. Motion car- ried 7-0. Mediacom Franchise Extension: City Manager recommending that a pub- lic 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 agree- ments under the terms cur- rently in effect, upon motion received and filed. Cline moved adoption of Resolution No. 188-03 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. and set this for public hear- ing on 6/16/03 at a meeting to commence at 6:30 P.M. in the public library audito- rium and that the City Clerk publish notice in the man- ner prescribed by law. Seconded by Nicholson. Motion carried 7-0. Easements - Riprow Valley: City Manager rec- ommending that a public hearing be set for June 16, 2003 to consider granting two easements on city - owned land at the Riprow Valley Trailhead, upon motion received and filed. Cline moved adopt -ion of Resolution No. 189-03 of Intent to dispose of City interest in development rights 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 ease- ments for the Riprow Valley Trailhead Project and set this for Public Hearing on 6/16/03 at a meeting to commence at 6:30 P.M. in the public library auditori- um and that the City Clerk publish notice in the man- ner prescribed by law. Seconded by Nicholson. Motion carried 7-0. 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 low / moderate income vacancy to expire 2/15/04 and two low/moderate income vacancies to expire 2/15/05) Applicants: Gina Bell (At -Large), Sr. Paula Maloy, SVM (At -Large), David Shaw (Low/ Moderate Income) Gina Bel, and Sr. Paula Maloy both spoke requesting consideration for appoint- ment. Historic Preservation Commission (One unex- pired three-year term for Old Main District to expire 7/1/03, one three-year term for Cathedral District to expire 7/1/03, and one three-year term for At - Large to expire 7/1/06 - currently James Gibbs) Applicants: Michael Coty (Cathedral District), James E. Gibbs (At -Large), Christine Olson (At -Large) Michael Coty and Christine Olson both spoke request- ing consideration for appointment. Investment Oversight Advisory Commission (Two three-year terms to expire 7/1/06 - Terms of Lassance and Melendez): Applicants: Paul Lassance and Hiram Melendez. No one spoke. 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. No one spoke. Zoning Advisory Commission (Two three- year terms to expire 7/1/06 - Terms of Hardie and Roush) Applicants: Stephen Hardie and Ben Roush. No one spoke. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the Council if they so desire. Mayor Duggan turned control of the meeting to Mayor Pro-Tem Cline due to possible conflict of inter- est. Upon motion the following was removed from the table: QHQ Properties - Request to Rezone (Tabled at May 19, 2003 Meeting): Proof of publication on notice of hearing to consid- er rezoning property locat- ed south of Holliday Drive, west of the Northwest Arterial, from AG Agricultural District to C-3 General Commercial zon- ing district at the request of QHQ Properties and Zoning Advisory Commission recommend- ing approval, with condi- tions; Communication from Mary Jungbluth in opposi- tion to the rezoning of property located west of the Northwest Arterial and south of Asbury Road; Communication from Susan and Patrick Meehan sharing concerns about the proposed rezoning of property adjacent to their home, presented and read. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassify- ing 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 condi- tions, presented and read. Ken Buesing of Buesing & Associates spoke introduc- ing Tim Quagliano (appli- cant) and Attorney Steve Juergens, and gave the history of the property. John Jungbluth, 4911 Twilight; Patrick and Susan Meehan, 2465 Samantha Dr.; Mark Lockwood, 2215 Samantha Dr.; Danielle Putchio, 2220 Samantha Dr.; all spoke in objection to the proposed rezoning. Attorney Steve Juergens, 200 Security Bldg., spoke clarifying the letters con- ceming the mention of the covenants. Public Works Director Mike Koch explained future traffic light updates. Nicholson requested that two conditions be added to the Ordinance - additional screening with replace- ment as necessary and no drinking establishments be allowed in the commercial development. Nicholson moved to close the public hearing and table the issue until the applicant brings it back. Seconded by Michalski. Motion carried 6-0. Council directed the appli- cant and neighbors to work together to reach a mutual- ly agreeable solution to the issues presented. Mayor Duggan retumed and took control of the meeting. 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, upon motion received and filed. Markham moved adoption of Resolution No. 190-03 Disposing of City interest in Lots 21A and 22A of Centre Grove Addition in the City of Dubuque, Dubuque County, Iowa. Seconded by Cline. Motion carried 7- 0. Expansion of Vessel Systems, Inc. at the Dubuque Industrial Center West: Proof of publication on notice of hearing and City Manager recommend- ing approval of the disposi- tion of Lots 7 and 8 in Dubuque Industrial Center West 2nd Addition to Vessel Systems, Inc. for the purpose of construct- ing a 31,000 square foot manufacturing facility and approval of a Development Agreement with Vessel Systems, Inc., upon motion received and filed. Buol moved adoption of Resolution No. 191-03 Approving a Development Agreement providing for the sale and private devel- opment of Lots 7 and 8 in the Dubuque Industrial Center West 2nd Addition in the City of Dubuque, Iowa, to Vessel Systems, Inc. Seconded by Nicholson. Motion carried 7-0. 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, upon motion received and filed. Nicholson moved adoption of Resolution No. 192-03 Adopting plans and specifications for the project and Resolution No. 193-03 Awarding contract to River City Paving. Seconded by Cline. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the Council. ACTION ITEMS Grand River Center Naming Opportunities: City Manager recommend- ing that naming opportuni- ties 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 tem- porary names for the meet- ing rooms at the Grand River Center, upon motion received and filed and approved recommenda- tion. Busted Lift Outdoor Service Agreement: City Manager recommending 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, upon motion received and filed and approved recom- mendation. Pre -Disaster Mitigation Planning Committee: Communication of the City Manager to Mayor Duggan requesting that he make appointments of city repre- sentatives to the Pre - Disaster Mitigation Planning Committee, upon motion received and filed and approved appoint- ments of Council Members Dan Nicholson and Ann Michalski and staff currently serving. Budget Reduction Work session: City Manager requesting City Council direction on a date for the Budget Reduction Work session., upon motion it was resolved that a Worksession would be held on this matter on Monday, June 23, 2003 at 6:00 P.M. at the Library Auditorium. PUBLIC INPUT Tom Ready, President of the Firefighter's Assn., spoke stating a large num- ber of firefighters will be in attendance at the budget work session so they might need a larger meeting room. John Finn spoke in sup- port of the firefighters and all public safety employ- ees. At 8:47 P.M. upon motion it was resolved to go into Closed Session re: Pending Litigation - Chapter 21.5(1) (c) 2003 Code of Iowa. At 8:57 P.M. Council reconvened regular ses- sion. Upon motion it was resolved to approve the Diamond Jo Parking Lot indemnity agreement. There being no further business, upon motion meeting adjourned at 8:58 P.M. /s/ Jeanne F. Schneider, CMC, City Clerk it 6/11 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Sherri A. Yutzy, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: June 11, 2003, and for which the charge is $163.88. � uo Subscribed to before Notary Public in and for Dubu ue County, Iowa, this �'�j.day of Notary ,� , 20 D . Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm. Exp. FEB. 1, 2005