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10 15 01 Agenda with iconsCITY OF DUBUQUE, IOWA CITY COUNCIL MEETING MONDAY, OCTOBER 15, 2001 6:30 P.M. LIBRARY AUDITORIUM INVOCATION Reverend Thomas Hannan, Director of the Dubuque Food Pantry PROCLAMATIONS White Cane Safety Day (October 15, 2001) Radiologic Technology Week (November 4 - 10, 2001) White Cane Day Radiologic Week CONSENT ITEMS (See Pages 6-10) 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. BOARDS/CO M MISSION S Interviews for the following Boards/Commissions: TV Cable Regulatory Commission (2 Vacancies) Applicant: Michael Pratt Appointments to the following Boards/Commissions: Environmental Stewardship Advisory Commission (Two 3-year terms to expire 10/1/04) Applicants: Michael J. Buelow, John S. Bennett, John Nemmers Mechanical Code Board (Five Vacancies) Applicant: Todd Geisler (Pipefitter) Plumbing Board (Two Vacancies) Applicant: Dan Harris (At-Large) Bd and Comm List Overview Sheet TV Cable App Env Stewardship Hechanical Bd App Plumbing Bd App Apps PUBLIC HEARINGS SUSPEND THE RULES 2727 Dodge Street- Rezoning Request Proof of publication on notice of hearing to consider rezoning property located at 2727 Dodge Street from C-2 Neighborhood Shopping Center District to C-3 General Commercial District at the request of Beverly Miller and Zoning Advisory Commission recommending that the City Council deny the request. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2727 Dodge Street from C-2 Neighborhood Shopping Center District to C-3 General Commercial District Suggested Disposition: Receive and File; Concur with Denial or Motion B; Motion A (Super Majority Vote Necessary for Adoption) Hiller - ZAC Ltr Hiller - Staff Report Hiller - Ordinance Hiller Application Hiller - Exhibit A Herrig Real Estate- John F. Kennedy Circle Proof of publication on notice of hearing to consider rezoning property located at the end of John F. Kennedy Circle from C-3 General Commercial to CS Commercial Service and Wholesale District at the request of Herrig Real Estate and Zoning Advisory Commission recommending approval of the request with conditions. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at the end of John F. Kennedy Circle from C-3 General Commercial District to CS Commercial Service and Wholesale District, with conditions Suggested Disposition: Receive and File; Motion B; Motion A Herrig - ZAC Ltr Herrig - Staff Reporjt Herrig - Ordinance Herrig - Agreement Herrig Application Herrig Hap Support Ltrs 390 Mississippi View- Rezoning Request Proof of publication on notice of hearing to consider rezoning property located at 390 Mississippi View from R-1 Single-Family Residential District to R-2 Two-Family Residential District at the request of Mary Lee Marting and Zoning Advisory Commission recommending approval of the request. 2 ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 390 Mississippi View from R-1 Single-Family Residential District to R-2 Two-Family Residential District Suggested Disposition: Receive and File; Motion B; Motion A Harting - ZAC Ltr Harting - Staff Harting - Ordinance Harting Application Harting - Hap Report Fiscal Year 2002 Budget Amendment Proof of publication on notice of hearing to consider an amendment to the Fiscal Year 2002 budget and City Manager recommending approval. RESOLUTION Amending the current budget for the fiscal year ending June 30, 2002 Suggested Disposition: Receive and File; Adopt Resolution Budget - HVH Hemo Budget - Staff Hemo Budget Resolution Budget Summary The Finley Hospital - Request to Vacate Proof of publication on notice of hearing to consider a request from The Finley Hospital to vacate an alley west of College Street and the southwest corner of West 5th Street and College Street and City Manager recommending approval. RESOLUTION Disposing of City interest in Lots 7A and 8A of Finley Home Addition in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution Finley - HVH Hemo Finley - Staff Hemo Finley - Resolution Finley Request Comiskey Park Building Construction 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 the contract to S & S Construction. RESOLUTION Adopting plans and specifications for the project RESOLUTION Awarding contract to S & S Construction 3 Suggested Disposition: Receive and File; Adopt Resolutions Comiskey - MVM Comiskey - Staff Comiskey - Comiskey - Comiskey Drawings Memo Memo Resolution #1 Resolution #2 2001 Harbor Maintenance Dredging 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 the contract to Newt Marine Service in the amount of $78,880. RESOLUTION Adopting plans and specifications for the project RESOLUTION Awarding contract to Newt Marine Service Suggested Disposition: Receive and File; Adopt Resolutions Dredging - MVM Dredging - Staff Dredging - Dredging - Memo Memo Resolution #1 Resolution #2 Manson Road Bridge Reconstruction 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 the contract to Taylor Construction Inc., in the amount of $785,074.83. RESOLUTION Adopting plans and specifications for the project RESOLUTION Awarding contract to Taylor Construction Inc. Suggested Disposition: Receive and File; Adopt Resolutions Hanson - MVM Memc Bridge - Staff Memo Bridge - Resolution Bridge - Resolution #1 #2 Ruscilli Development Co., Ltd. Proof of publication on notice of public hearing to consider disposing of an interest in real property by sale and option to purchase to Ruscilli Development Co., Ltd., and City Manager recommending approval of the sale and option to purchase to Ruscilli Development Co., Ltd. RESOLUTION Approving a Development Agreement providing for the sale and option to purchase property in the Dubuque Industrial Center West in the City of Dubuque, Iowa, to Ruscilli Development Co., Ltd. 4 Suggested Disposition: Receive and File; Adopt Resolution Ruscilli - MVM Memc McGraw Hill - Staff McGraw Hill Memo Resolution Urban Dev Plan Warranty Deed Legal Opinion Dev Agreement 10. Kebbie Drive - Roger Klauer Proof of publication on notice of hearing to consider rezoning property located along the east and west sides of Kebbie Drive from R-1 Single-Family Residential District to R-2 Two-Family Residential District at the request of Roger Klauer and Zoning Advisory Commission recommending approval of the request. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located along Kebbie Drive from R-1 Single-Family Residential to R-2 Two-Family Residential District Suggested Disposition: Receive and File; Motion B; Motion A Klauer - ZAC Ltr Klauer - Staff Memo Klauer - Staff Klauer - Ordinance Klauer - Exhibit A Reporjt 11. Kebbie Drive - Request to Vacate (Tabled at Meeting of October 1, 2001) Proof of publication on notice of public hearing and City Manager recommending to dispose of City-owned property to Roger Klauer and recommending modification of the Memorandum of Agreement regarding limited access to Century Drive for property rezoned to C-3. RESOLUTION Disposing of City interest in Lot 4A of Block 3 C.J. Bies Subdivision and Lot 5A of Block 3 C.J. Bies Subdivision, Dubuque, Iowa Communication of Roger F. Klauer requesting clarification of the Memorandum of Agreement of C-3 zoned property in C.J. Bies Subdivision. Communication from the Zoning Advisory Commission regarding the condition of limited access to Century Drive from the commercial property and offering to review the issue at their next meeting. Suggested Disposition: Remove from Table; Receive and File; Adopt Resolution; Approve Memorandum of Agreement 5 Kebbie - MVM Memo Kebbie - Staff Memo Kebbie - Request Ltr Kebbie - Resolution Klauer Ltr Klauer - ZAC Ltr Klauer Photos ACTION ITEMS The River's Edge Plaza Dubuque Main Street, Ltd recognizing The River's Edge Plaza as the Best Public Improvement Project for 2000 - 2001. Suggested Disposition: Receive and File Main Street Award N. J. Yiannias - Request to Address Council Request of N. J. Yiannias requesting to address the City Council regarding his request to vacate Congress Circle Street. Suggested Disposition: Receive and File; Council Yiannias Ltr COUNCIL MEMBER REPORTS CONSENT ITEMS Minutes Submitted Airport Commission of 9/24; Civil Service Commission of 9/7; City Council Proceedings of 10/1 and 10/8; Historic Preservation Commission of 9/20; Housing Code Appeals Board of 9/18; Human Rights Commission of 9/10 and 9/17; Long Range Planning Advisory Commission - Downtown Planning Committee of 9/10; Zoning Board of Adjustment of 9/27 Proof of publication of City Council Proceedings of 9/4 and 9/17; and List of Claims and Summary of Revenues for month ending August 31, 2001 Substance Abuse Services Center Fiscal Year First Quarter Report Suggested Disposition: Receive and File 6 Airport Civil Service Council - 10 01 Council - 10 08 Hsg Code Human Rights 9 10 Human Rights 9 17 Long Range Zoning Bd SASC Report Notice of Claims/Suits Matt Bay in estimated amount of $100 for vehicle damage; David Cavanaugh in estimated amount of $100 for vehicle damage; Karen Buelow in estimated amount of 3,000 for personal injury; Dan Loney in estimated amount of $500 for property damage; Karen Ludovissy in estimated amount of $365.99 for vehicle damage; William Miller in estimated amount of $600 for personal injury; Vickie Mueller and Emily Mueller vs City of Dubuque and Loras College; George L. Rieder in estimated amount of $1,937.88 for vehicle damage Notice of Appeal from Notice of Appraisement of Damages by Edward and Joan Tschiggfrie in the matter of condemnation of rights in land by the Iowa Department of Transportation Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report Hueller Lawsuit Tschiggfrie 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: Karen Buelow for personal injury; Dan Loney for property damage; William Miller for personal injury; George Rieder for vehicle damage. Corporation Counsel recommending that the claims of Elizabeth Heiberg for property damage and Mark and Jamaica Heacock for property damage be denied. Suggested Disposition: Receive and File; Concur with Recommendation Claims - TCAP Claims - Denied Civil Service Commission Civil Service Commission submitting the certified list for the position of Park Ranger. Suggested Disposition: Receive and File; Make a Matter of Record 7 Park Ranger Ltr Design and Bid Preparation Services for Riverwalk City Manager recommending approval of a contract with URS-BRW to complete the design, pre-construction and construction review services for the balance of the riverwalk and amenities project. Suggested Disposition: Receive and File; Approve Contract Riverwalk - MVM Riverwalk - Staff Riverwalk - Memo Memo Agreement Iowa Department of Natural Resources Communication from the Iowa Department of Natural Resources submitting the Industrial Pretreatment Compliance Inspection Report for the City's Water Pollution Control Plant. Suggested Disposition: Receive and File IDNR Report Pinto Ridge- Final Plat City Manager recommending approval of the final plat of Pinto Ridge Subdivision. RESOLUTION Approving the final plat of Pinto Ridge Subdivision in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Pinto Ridge - MVM Pinto Ridge - Staff Pinto Ridge - Staff Pinto Ridge Memo Memo Report Resolution Riprow Valley - Land and Water Conservation Fund Grant Agreement City Manager recommending approval of a Land and Water Conservation Fund grant agreement with the Iowa Department of Natural Resources for the Riprow Valley Recreation Area project. Suggested Disposition: Receive and File; Approve 8 Riprow - HVH Hemo Riprow - HVH Hemo Riprow Agreement C.J. Bies Subdivision No. 2 - Final Plat The Zoning Advisory Commission recommending approval of the Final Plat of Lot A and Lots 1, 2, 3, 4, and 5 of C.J. Bies Subdivision No. 2, along the east and west sides of Kebbie Drive. RESOLUTION Approving the final plat of Lot A and Lots 1,2, 3, 4, and 5 of C.J. Bies Subdivision No. 2 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Bies - ZAC Ltr BJes - Staff [vlemo BJes - Resolution Bies - Application Project Concern Minibus Purchase of Service Agreement for Fiscal Year 2001 City Manager recommending approval of an amendment to the Project Concern Minibus Purchase of Service Agreement for Fiscal Year 2001. Suggested Disposition: Receive and File; Approve Hinibus - HVH Hem( Hinibus - Staff Hemc 10. Traffic Pre-Emption Vendor City Manager recommending approval of 3-M Intelligent Transportations Systems as the vendor for the City of Dubuque's traffic pre-emption system. Suggested Disposition: Receive and File; Approve Vendor - HVH Hemo Vendor - Staff Hemo 11. Cornerstone Apartments - Right-of-Way Encroachment City Manager recommending approval of an Irrevocable License for the Cornerstone Apartments (former Iowa Inn) to allow for two areas of encroachment into the public right-of-way. Suggested Disposition: Receive and File; Approve 9 12. Cornerstone - MVM Cornerstone - Staff Cornerstone License Cornerstone - Memo Memo Drawing Cooper Wagon Works - Right-of-Way Encroachment City Manager recommending approval of an Irrevocable License for the Cooper Wagon Works Building to allow an encroachment into the public right-of-way to provide for handicap accessibility. Suggested Disposition: Receive and File; Approve Cooper - MVM Memo Cooper - Staff Memo Cooper License Cooper - Drawing 13. Business Licenses RESOLUTION Granting the issuance of two licenses to sell Cigarettes and Cigarette Papers within the City RESOLUTION Granting issuance of a Class "C" Beer Permit to Puff n Snuff RESOLUTION Granting issuance of a Class "C" Beer/Liquor License to Rainbow Lounge, Europa Haus Restaurant, Tollbridge, and Dog House Lounge Suggested Disposition: Adopt Resolutions Resolution #1 Resolution #2 Resolution #3 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. CLOSED SESSION Collective Bargaining Strategy- Iowa Code Chapter 20.17(3) Jeanne F. Schneider October 11, 2001 10