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Royal Oaks Condo Proj Info D~ ~~~ MEMORANDUM September 13, 2004 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Royal Oaks Condominium Project I asked staff to review the Royal Oaks Condominium Project file to determine the amount of public input the City has received on this project. They reviewed meetings from December 2,2002 to September 7,2004. The Zoning Advisory Commission held two public hearings, the Zoning Board of Adjustments held one public hearing and the City Council held one public hearing. In addition, the City Council has held many public meetings and received and filed numerous written communications. At one of those public meetings, the City Council received verbal public input from SA Sutton. Acting Public Works Director/City Engineer Gus Psihoyos and I recently met with three citizens, SA Sutton, Bob Eichman and Dick Vorwald, at the site to receive their input on the upcoming Request for Proposals for bluff stabilization. 11 ((/ {~7 /~t f!¿ Mic~ael C. Van Milligen '--------- MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager ~eße(Y\'oex- L,Z-DOL CDYlSùìt Sign Agreement with Cooper Acquisition L.L.C. (Bricktown): City Manager recommending approval of an agreement with Cooper Acquisition L.L.C. (Bricktown) for the installation of a sign located in Bricktown's parking lot which would include a Port of Dubuque directional sign, a Bricktown parking sign, and an electronic reader board for advertising public events and Bricktown events, upon motion received and filed and approved recommendation. Audubon Ark Project: City Manager recommending approval of a combined notice of finding of no significant impact on the environment and notice of intent to request release of funds for the Audubon Ark project, upon motion received and filed. Michalski moved adoption of Resolution No. 627-02 Authorizing publication of a combined notice of finding of no significant impact on the environment and notice of intent to request release of funds for Audubon Ark Project. Seconded by Cline. Motion carried 7-0. Five Flags Civic Center Computer Software: City Manager recommending approval of the purchase of scheduling software for the Five Flags Center that is the same as the new conference and education center, upon motion received and filed and approved. Potential Rezoning - Tollbridge Inn Property: Communication from Bob Eichman regarding the potential rezoning of the present Tollbridge Inn property for the purpose of building a condominium complex, upon motion received and filed. Phase IV Historical/Architectural Survey Grant Agreement: City Manager recommending approval of a Certified Local Government (CLG) grant agreement for Phase IV of Dubuque's Architectural/Historic Survey/Evaluation, upon motion received and filed. Michalski moved adoption of Resolution No. 628-02 Authorizing the submission of an application for Certified Local Government (CLG) program funding to conduct an Architectural/Historic Survey. Seconded by Cline. Motion carried 7-0. ConAgra Foods, Inc.: City Manager recommending approval of an amendment to the purchase agreement and acceptance of the deed to certain real property from ConAgra Foods, Inc., upon motion received and filed. Michalski moved adoption of Resolution No. 629-02 Accepting the deed to certain real estate in Dubuque County, Iowa from ConAgra Foods, Inc. Seconded by Cline. Motion carried 7-0. Section 8 Computer System: City Manager recommending approval of an expenditure of $15,000 for purchase of a Section 8 Program software package, upon motion received and filed and approved recommendation. Fiscal Year 2003 Annual Action Plan - Amendment #2: City Manager recommending approval of an amended and restated Fiscal Year 2003 Annual Action Plan for the City's Community Development Block Grant (CDBG) program, upon motion received and filed. Michalski moved adoption of Resolution No. 630-02 Approving an amended and restated Fiscal Year 2003 (Program Year 2002) Annual Plan for Community Development Block Grant (CDBG) Funds. Seconded by Cline. Motion carried 7-0. Iowa Department of Economic Development: Communication from the Iowa Department of Economic Development advising that the City of Dubuque, on behalf of Dubuque Main Street, Ltd., is being awarded a $25,000 Community Development Fund grant for the Dubuque - Vision Downtown project, upon motion received and filed. 3 Minutes - Zoning Board of Adjustment January 23, 2003 Page 7 Board Members discussed the request for four signs and felt that it meets the criteria for granting a variance. Motion by Urell, seconded by Felderman, to approve the variance request as submitted. The motion was approved by the following vote: Aye - Klauer, Urell, Gasper, Felderman and Ruden; Nay - None. DOCKET 07-03: Application of Jon Harvey Stott & AssociateslRoyal Oakes DevelopmentlAJ. Spiegel for a variance for property located at the end of Rhomberg Avenue (former Tollbridge Inn Restaurant) to a;lIow an .8 acre Planned United Development (PUD), 2 acre minimum required, in a!CR Commercial Recreation zoning district. Tom Allendorf $tated that he represents A.J. Spiegel and Jon Harvey Stott & Associates. He said that it is their intention to develop a condominium complex at the former Toll Bridge Inn restaurant location. He said Mr. Spiegel is trying to 'acquire additional land from the adjacent property just east of the subject lot.: He said if the property is acquired it Will serve as additional parking area. He said the current building design accommodates 84 units. . Board Members asked how many parking spaces the current design specified. Staff Member Kritz stated the existing parking design indiCated 82 spaces under the building. Staff Member Kritz said that the minimum lot area requirement is the issue that the 'Board is reviewing. He discussed the two-acre planned uniMevelopment requirement. He stated that the property was the approach to the old Wisconsin Bridge and that it is currently the Tollbridge Inn restaurant and associated paved pariking. He said that this is a unique parcel because of its topography and long, narrow configuration. Staff Member Kritz said that there will be a public ~earing at both the Zoning Advisory Commission and City Council regarding the proposed project. He said that the proposed building will be from 90-100 feet tall, the top of which will sit approximately 50 feet below the Shiras Memorial and Eagle Point Park. Board Members discussed the variance request and felt that due to the unique shape and tppography of the .8 acre parcel, a planned unit development is appropriate. Board 'Members reviewed the criteria for granting a variance and felt that the applicant met said criteria. Motion by Gasper, seconded by Klauer, to approve the variance request as submitted. The motion was approved by the following vote: Ay~ - Klauer, Urell, Gasper, Felderman and Ruden; Nay - None. DOCKET 09-03: Application of John Finn for a variance for property located at 164/180 Main Street to expand an existing bar adding 120 seats with no additional off-street parking, 30 spaces required, in a C-4 Downtown Commercial zoning district. ~e))~rcj :) i [J))3 (\ \)~ and filed. Buol moved adoption of Resolution No. 33-03 Approving Agreement File V Number P-8474 with the Canadian National Railroad relating to the installation of a four-inch PVC fiber optic conduit. Seconded by Markham. Motion carried 7-0, Fiscal Year 2003 Budget Form Conversion: City Manager recommending approval of the conversion of the Fiscal Year 2003 budget and Fiscal Year 2002 actual expenses and revenues to a new format as required by the State prior to any action being taken on the Fiscal Year 2004 budget, upon motion received and filed. Buol moved adoption of Resolution No 34-03 Converting the current budget for Fiscal Year 2003 to conform with Iowa Code 384.16 and Iowa Administrative Rules 545-2.1 (384.388). Seconded by Markham. Motion carried 7-0. Logo Design Services for the Grand River Center: City Manager recommending approval of McCullough Creative Group for design of the identity package for the Grand River Center, upon motion received and filed and approved recommendation, The Dubuque Audubon Society: Communication from Wayne Buchholtz, President of the Dubuque Audubon Society, regarding the proposed condominium complex development at 2800 Rhomberg Avenue, upon motion received and filed. Memorandum of Understanding with Dubuque County Extension District: City Manager recommending approval of a Memorandum of Understanding with the Dubuque County Agricultural Extension District to provide counseling services for home purchase education to HUD Family Self-Sufficiency Program families, upon motion received and filed and approved recommendation. U.S. Department of Housing and Urban Development: Communication from Gregory A Bevirt, U.S. Department of Housing and Urban Development, regarding the City's Community Development Block Grant Program, upon motion received and filed. Federal Emergency Management Agency: Communication from Congressman Jim Nussle advising that he has contacted the Federal Emergency Management Agency requesting any options available for obtaining additional assistance in the acquisition of commercial property damaged in the June 2002 flooding, upon motion received and filed. Business Licenses: Buol moved adoption of Resolution No. 35-03 Granting the issuance of a Class "C" Beer Permit to Oky Doky #6 and Awn Stop Mart and Resolution No. 36-03 Granting the issuance of a Class "B" (Hotel/Motel) Liquor License to Best Western Dubuque Inn; and Class "C" Beer/Liquor License to Goetz's, Pusateris, and The Clubhouse. Seconded by Markham. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING Carnegie Stout Public Library Roof Replacement Project: City Manager recommending initiation of the public bidding process for the Carnegie Stout Public Library Roof Replacement Project and that a public hearing be set for March 17, 2003, upon motion received and filed. Michalski moved adoption of Resolution No. 37 -03 Adopting preliminary plans and specifications; Resolution No. 38-03 Setting date of hearing on preliminary plans and specifications for 3/17/03 at a meeting to commence at 6:30 P.M. in the public library 3 Minutes - Zoning Advisory Commission February 5, 2003 Page 6 specifically to encourage adaptive re-use of old commercial storefronts in residential areas. Commissioners discussed the uses permitted in the C-1 District. Motion by Stiles, seconded by Smith, to approve the rezoning as submitted. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Schiltz, Roush and Bird; Nay - None. PUBLIC HEARING \ LUKSETICH/SMITH: Application of Tom Luksetich/Steve Smith to amend the PUD Planned Unit Development District for property located at 3925 Dodge Street to allow construction of a new 44,287 square foot building. Steven Smith reviewed his request with the Commission. He stated that the previously approved 12,000 square foot addition on the west side of the building is still included in his future plans. He stated that he wishes to add a 44,000 square foot building at the rear of the lot along the north property line. There were no public comments. Staff Member Hemenway reviewed the history of the site, the surrounding land uses and current commercial uses within the building. He noted the location of the new building, a new access proposed for North Crescent Ridge Road and the provision of additional parking. He noted the PUD amendment is necessary because the 44,000 square foot building is a significant change. He added that the 50 parking spaces shown are adequate for a warehouse use. Commissioner Smith stated he has concerns with the secondary access and its proximity to parking. He said it may be difficult for trucks to negotiate the corner. Staff Member Hemenway stated that this issue could be discussed at a site plan review meeting and recommendations for improving truck access could be reviewed. Commissioners also noted that the 12,000 square foot addition is not shown on the conceptual plan. Staff Member Kritz stated that a 12,000 square foot addition originally indicated for the southwest side of the main building would be incorporated into the planned unit development conceptual plan. Commissioner Roush questioned parking requirements for retail uses. Staff Member Hemenway stated that parking requirements would be ca1culated at the site plan review. He said that if retail use was placed in the proposed building, parkíng would be re- evaluated. Motion by Stites, seconded by Christ, to approve the amendment to the PUD. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Schiltz, Roush and Bird; Nay - None. PUBLIC HEARING \ STOTT & ASSOCIATES/SPIEGEL: Application of Stott & Associates/A. J. Spiegel to rezone property located at the end of Rhomberg Avenue -~ Minutes - Zoning Advisory Commission February 5, 2003 Page 7 (former Tollbridge Inn Restaurant) from CR Commercial Recreation District to PUD Planned Unit Development District with a PR Planned Residential zoning designation. Chairperson Bird entered into the record a letter of opposition from Charles Winterwood of the White Pine Chapter of the Sierra Club, and information on the Migratory Bird Treaty Act and the Endangered Species Act George Murphy, representing AJ. Spiegel, said that the proposed project would include an eight-story condominium complex with community room and a viewing area atop the building. He said there would be two stories of underground parking at two stalls per unit. He said there would be additional remote parking on a.lot at the base of the building's east side served by access elevators. He said that the prqject has been reviewed by the Fire Department. He distributed photographs and discussed former projects undertaken by Mr. Spiegel. John Harvey, of Stott and Associates, stated that heiis the architect for the project. He discussed a building model and a site diagram. He stated that there would be one full floor of underground parking and that about two-thirds of the second floor would be used for parking. Commissioner Roush asked about the elevapon of the parking at the north end of the building. Commissioner Hardie asked about the interior parking levels. Commissioners discussed the site layout and adjacent properties. Clìnt Johnson, 3148 Shiras, stated that he owns a business next to the proposed project. He said he is concerned with storm water runoff and lack of on street parking for visitors to the condominiums. He said he is also concerned with potential disruption to his business during construction and during the sewer extension. Steve Ryan, 853 Dorothy Kay, questioned the impact,the proposed project would have on tourism and the view from Eagle Point Park. Dan Calvert stated that he is a representative of the Environmental Stewardship Advisory Commission. He asked that the Zoning Advisory Commission be aware of environmental regulations regarding eagle and falcon habitat. He referenced NEPAand the Endangered Species Act regulations. ' Mike Schmaltz said he is a long-term area neighbor Jmo lives directly below the bluffs. He said that he has not seen any peregrine falcons alorig the bluffs or in the quarry. He said that the eagles rest between reedings in the trees above the bluffs but that the proposed building should not disturb them. Jay McDonald, 2867 Bl.lena Vista, said that Mr. Spiegel's proposal would be a good project for the city of Dubuque. ' John Harvey stated that storm water runoff will be addressed during the site plan review process. He said that it is their intention to collect ~nd direct the storm water to the east Minutes - Zoning Advisory Commission February 5, 2003 Page 8 and retain it on the adjacent property. He said the proposal should actually lessen the amount of storm water running off of the site. He said that the two off-street parking spaces per unit standard could be increased to accommodate guests. He said that he will work with the City and the contractors to ensure that access to area businesses is maintained throughout the building process. Chairperson Bird asked about potential conflicts with the eagles and falcons in the area. Mr. Stott stated that their project will have to conform with all federal and state regulations regarding endangered species. He said that they have already contacted the U.S. Fish and Wildlife Service and are working with them to study the bird habitat in this area. Commissioner Stiles questioned whether the architects had considered the view from Eagle Point Park to the building top. Mr. Harvey stated that people in the park, if looking south, would only be able to see the very north end of the building. Commissioners discussed the building height as it related to Eagle Point Park overlooks. Commissioner Schiltz questioned the architectural style of the structure, stating that it may not be compatible with the limestone and clay tile architecture of the park. Mr. Harvey stated that this type of architecture was not easily applied to a large, tall structure such as the proposed condominium. Commissioner Hardie questioned how the 100-foot building elevation had been arrived at. The architect discussed the building height stating that it is measured from the top of the parking level. Commissioner Roush asked about the elevation of the park as it related to the building. Commissioner Schiltz stated that the site diagram should indicate elevations for the west side of the project, including the Eagle Point Park area. Staff Member Kritz discussed the staff report. He outlined the existing CR regulations, discussed R-4 regulations for multi-family development and discussed PUD requirements. He said that the Zoning Board of Adjustment had approved a 0.8-acre PUD subject to the approval of the rezoning request. He stated that at 164 off-street parking spaces, the project has slightly above two spaces per unit. He stated that water and sewer service upgrades would be necessary to serve this location. He said the only additional impervious area created by the project would be the parking area east of the building on the adjacent lot. Staff Member Kritz discussed the Endangered Species Act, referencing that portion of the PUD Ordinance that states that any project must follow allstate, federal and local requirements. Staff Member Carstens stated that all federal regulations, including those administered by the U.S. Fish and Wildlife Service, apply to this project. She said that peregrine falcon migration takes several years to unfold and that the falcons originally released at this location were slated to retum in the near future. Chairperson Bird asked if the reZoning automatically triggers the federal regulations. Staff Member Carstens stated that any disturbance of this site, as defined by the Endangered Species Act, would have to receive federal review and approval. regardless of the rezoning, and would require a mitigation plan. Minutes - Zoning Advisory Commission February 5, 2003 Page 9 Commissioner Hardie stated that he is concerned with the height of the building, its impact on the view from Eagle Point Park, the lack of permeable area for the site and the building's total consumption of the lot. Chairperson Bird said that he would like to see the buildings as viewed from other angles, including frOm the park. He said he feels the building design is not in character with the adjacent bluff or park architecture. Commissioner Schiltz said he agrees with the Chair, he said that the park is a national treasure, which is composed of limestone bluffs and Frank Lloyd Wright style architecture. He said that the building would block the natural beauty of Eagle Point Park. Commissioner Smith said that he feels the building is too large in scale and futuristic in design and is not appropriate for this site. Commissioper Roush said that he is concemed with the height of the building and lack of clarity regar~ing the base grade level and overall height of the building as it pertained to the parking levþls and the first floor of the building. Commissioner Stiles said that the building is attractivlf) and will compliment the America's Riverproject. He said that the building is forward looking and futuristic. He said that the community building and observation deck on top of the building could possibly be redesigned to be more sensitive to the park area. He (Said he feels the building is visionary and impressive. Commissioner Christ stated that slhe is concerned with the building's visual impact along the bluff lines and with traffic. Chairperson Bird asked the applicants if they would: be willing to table the request and submit a redesigned project, somewhat reducing the scale ofthe building and altering the design to address the concems raised by Commissioners. George Murphy stated that Mr. Spiegel does not want to make any changes in the proposal. Motion by Christ, seconded by Smith, to approve the rezoning. Motion was denied by the following vote: Aye - Stiles; Nay - Smith, Hardie, Cl1rist, Schiltz, Roush and Bird. i PUBLIC HEARING \ ARC DESIGN RESOURCES INC1JMC GOLD MEDAL MEAT INC. (referred by City Council): Application of Arc Design ResourceslJMC Gold Medal Meat, Inc. (referred by City Council) to rezone property located at 16'" & Sycamore Streets, from HI Heavy Industrial District to PUD Pla~ned Unit Development with a PC Planned Commercial zoning designation to allow a Wal-Mart Super Center. Chairperson Bird read from the January 20, 2003 Ci~ Council minutes that this rezoning has been referred to the Zoning Advisory Commis~ion for a public hearing by the full membership. Chairperson Bird referenced a letter s~bmitted by ARC Design Resources asking to table the rezoning request. Joe Altenhoff, r~presenting ARC Design Resources, said that in deference to those citizens in attendance ~at wished to express their opinion, he would withdraw the request to table the rezoning ~t this time. i Staff Member O'Brien advised the Commission to! make a motion to hold the public hearing. Motion by Smith, seconded by Stiles, to r8lipen the public hearing. Motion was approved unanimously. : /í)~'o\\C .:--0. í \\eß--'I \ '\ --J 2/17)03 the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located along 16th Street from HI Heavy Industrial District to PUD Planned Unit Development District with a PC Planned Commercial designation and adopting a conceptual development plan, with conditions, for Wal-Mart Stores, Inc., presented and read. Nicholson moved to accept the request to withdraw the application, Seconded by Cline. Motion carried 6-0. Highway 61/151 and Highway 52 - Request to Rezone: Communication from Daniel J. Mueller requesting that Council not take action on the rezoning request and refer the matter to the Zoning Advisory Commission, proof of publication on notice of hearing to consider a request from Dan Mueller to rezone property located south of Highway 61/151 and Highway 52 (Lot 1 of Key Gate Center No.2) from PR Planned Residential District to PI Planned Industrial District to allow for the location of a batch mix plant and Zoning Advisory Commission recommending denial, and an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located along U.S. Highway 52 east of U.S. Highway 61/151 from PUD Planned Unit Development District with a PR Planned Residential District to PUD Planned Unit Development District with a PI Planned Industrial designation and adopting a conceptual development plan with conditions, presented and read. Michalski moved to refer this matter back to the Zoning Advisory Commission, Seconded by Cline. Motion carried 6- 0, Eagle Villa - 2800 Rhomberg Avenue - Request to Rezone: Communication from AJ Spiegel withdrawing his request to rezone property at 2800 Rhomberg Ave.; Proof of publication on notice of hearing to consider a request from Stott and Associates/A,J. Spiegel to rezone property located at 2800 Rhomberg Avenue from CR Commercial Recreation District to PUD Planned Unit Development District with a PR Planned Residential zoning designation and Zoning Advisory Commission recommending denial, and an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2800 Rhomberg Avenue from CR Commercial Recreation District to PUD Planned Unit Development District with a PR Planned Residential District Designation and adopting a conceptual development plan with conditions, presented and read. Michalski moved that this item be withdrawn from the Agenda. Seconded by Connors, Motion carried 6-0. Upon motion the rules were suspended to allow anyone present to speak. 3300 Nightengale Lane - Request to Rezone: Proof of publication on notice of hearing to consider a request from Patrick and Patricia Kennedy to rezone property located south of Nightengale Lane from R-1c Single-Family Residential, with conditions, to R-1 Single-Family Residential District and Zoning Advisory Commission recommending approval, upon motion received and filed. Attorney Joe Bitter, representing the Kennedy's, spoke in support of this rezoning. Ordinance No. 4-03 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located south of Nightengale Lane from R-1 Single-Family Residential District, with conditions, to R-1 Single- Family Residential District, presented and read. Michalski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior 4 Minutes - Zoning Advisory Commission April 2,2003 Page 5 Staff Member Hemenway reviewed the staff report, noting surrounding zoning and land use. He discussed existing street access to the site. . The Commission discussed uses allowed in the C-2 and C-3 districts. They discussed Resolution No.88-91. Commissioners discussed potential impacts to adjacent properties. The Commission stated that they were comfortable with the C-3 uses provided that Resolution No. 88-91 may only be modified by the City Council. Motion by Stiles, seconded by Christ, to approve the rezoning as submitted. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Schiltz, Roush and Bird; Nay - None. PUBLIC HEARING\REZONING: Application of Royal Oaks DevelopmentlAJ. Spiegel to rezone property located at the end of Rhomberg Avenue (former Tollbridge Inn Restaurant) from CR Commercial Recreation District to PUD Planned Unit Development District with a PR Planned Residential zoning designation. A J. Spiegel, Royal Oaks Development, outlined his project for the Commission. He stated that he has incorporated changes into the original design, which will reduce the number of units from 84 to 64 and lower the elevation by one story. He said the south end of the building would be stair-stepped to lessen its impact on the view from the park. He discussed photos of the site with renderings of the building superimposed. He said that the building would be quality construction consisting of colored concrete and mirrored glass that would last 200 years. He said that the light colored concrete blended well with the adjacent bluff. He said that he has worked with Clint Johnson to resolve concerns he had regarding access during construction. He stated that the top of the community center, which is the highest point on the building, will sit approximately 65 feet below Eagle Point Park. He said that the north end of the building will be five more feet lower than is indicated on the model. He said that many people throughout the area have expressed interest in purchasing a residential unit at this location. Doug Horstman, 2418 Beacon Hill Drive, spoke in favor of the project stating that he is working with Mr. Spiegel through DB&T. Clint JohnsOfl, CR Boats, said that he is adjacent to the proposed development and that Mr. Spiegel has made clear his intent to work with him during the construction of the project. He stated that he is in favor of the project. Tom McLaughlin, 3159 Shiras, said that the proposed development will not restrict the view from the park, and that he is in favor of the project. John Kretz, 2160 Jonathan Lane, said that the area is evolving. He outlined the property history and the adjacent property uses, and stated that this project will be positive for the Point area and all of Dubuque. . Minutes - Zoning Advisory Commission April 2, 2003 Page 6 Rick Dickinson, Greater Dubuque Development Corporation,. reviewed the project with the Commission. He stated that Mr. Spiegel has gone out of his way to alter the height, mass, color and design of the building to address the concerns originally expressed by the Commission. He saidthatthere is a need for this type of housing in the community. He asked for Commissioners to support for the project. Mr. Spiegel stated he is happy with the support shown by the community and asked that the Zoning Advisory Commission approve the project. Chairperson Bird noted a petition with 42 signatures in opposition to the project that had been submitted to the Commission. Staff Member Kritz outlined the staff report, discussing the original CRzoning district for Eagle Point Funland, CR Boats and the Tollbridge Restaurant. He said that the site presents a hardship in that it is narrow and surrounded by severe topography. He said that the PUD designation is designed to accommodate unique sites such as this. He discussed vehicle trip generation for the condominium units, and stated that there were over 7,000 vehicle trips per day along Rhomberg Avenue when the Wisconsin Bridge was open and now there are approximately 4,600 per day. He stated that the developer is working with representatives of the Federal Fish and Wildlife Agency and a consultant to resolve eagle habitat issues. Commissioner Stiles said that Mr. Spiegel has addressed all of the concems initially raised by Commissioners. He said he felt this project was appropriate and that it is very similar to the new Grand Harbor hotel along 'Dubuque's riverfront. Commissioner Roush stated that he wanted the height of the building quantified. Staff Member Kritz said that the building will be approximately 80 feet high or 735 feet above mean sea level at its high point. Commissioner Hardie said that he still has concerns with the height and visibility of the project from Eagle Point Park. He said that views and vistas from Eagle Point Park should be protected. He stated that the economics of the building were not of primary concern to the Zoning Advisory COlJ1mission. Commissioner Smith said that Mr. Spiegel had addressed all.of his initial concerns. He said that the project would only limit the view from' a very small portion of the park and not from the primary overlooks above the lock and dam and north toward Wisconsin. Commissioner Christ stated that she still has concerns with the impact of the project on the view from Eagle Point Park. Commissioner Schiltz questioned photo #2. He stated that if one were to move closer to the fence line, the building would be much more pronounced than shown in said photograph. He quoted a letter from Dan McLaughlin regarding protection and preservation of bluff land areas. He stated that he feels this project is not compatible With Eagle Point Park. .--~~ Minutes - Zoning Advisory Commission Apri12,2003 Page 7 Chairperson Bird stated that he feels that the project would enhance the North End and the park area. He stated that it would not be practical to build a building at this location that would not in any way block a portion of the view from Eagle Point Park. Motion by Stiles, seconded by Roush, to approve the rezoning with the condition that the maximum building height not to exceed 740 feet above mean sea level. Motion was approved by the following vote: Aye - Smith, Stiles, Roush and Bird; Nay - Hardie, Christ and Schiltz. PUBLIC HEARlNG\REZONING: Application of Theisen's Inc. to rezone property located at 2900 Dodge Street to rezone property from C-3 General Commercial District to PUD Planned Unit Development District with a PC Planned Commercial zoning designation. Jim Theisen, Theisen's, Inc, reviewed the history of Theisen's Store and outlined his current request. He explained that the PUD rezoning would allow him to expand at the present site. Staff Member Hemenway reviewed the proposed request, noting that a retail building that exceeds 60,000 square feet is required to be rezoned to PUD. He reviewed the provision of off-street parking, stating that the development would have 3.2 spaces per 1 ,000 square feet of retail area. He reviewed access, paving, and stated that the Engineering and Fire Departments have reviewed the site plan and have no major concems. The Commissioners discussed the request and felt it was appropriate. Motion by Christ, seconded by Smith, to approve the rezoning as submitted. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Schiltz, Roush and Bird; Nay - None. PUBLIC HEARING\REZONING: Application of aHa Properties to rezone property Jocated South of Holliday Drive, west of the Northwest Arterial from AG Agricultural District to C-3 General Commercial zoning district. Due to a notification problem, Staff recommended that the Commission table the proposed request to the next regular meeting. Motion by Hardie, seconded by Christ, to table the rezoning request to the May 7, 2003 meeting. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Schiltz, Roush and Bird; Nay - None. PUBLIC HEARING\REZONING: Application of Dan Mueller to rezone property located south of Highway 61/151 and Highway 52 (Lot 1 of Key Gate Center No.2) from PR Planned Residential District to C-3 General Commercial zoning district. Regular Session, April 21, 2003 117 Markham moved adoption of the Resolution and further set this for Public Hearing on May 5, 2003 at a meeting to commence at 6:30 P,M, in the Public Library Aud"orium and direct the City Clerk to publish in the manner prescribed by law, Seconded by Cline, Motion carried 7-0, Fiscal Year 2003 Second Budget Amendment: City Manager recommending that a public hearing be set for May 19. 2003 to consider the second amendment to the Fiscal Year 2003 Budget, presented and read, Markham moved that the communication be received and filed, Seconded by Cline, Motion carried 7-0. RESOLUTION NO. 129-03 RESOLUTION DIRECTING THE CITY CLERK TO PUBLISH PROPOSED AMENDMENT TO THE FISCAL YEAR 2003 BUDGET AND DATE OF PUBLIC HEARING Whereas, it is proposed that the Coy of Dubuque amend its Fiscal Year 2003 budget: and Whereas, Section 384,16 of the Code of Iowa stipulates that a public hearing must be held on such a budget amendment. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA Section 1, That the City Clerk by and is hereby authorized and directed to publish notice of public hearing on an amendment to the adopted budget for the City of Dubuque. Iowa. Passed, approved and adopted this 21" day of April 2003. Terrance M, Duggan, Mayor Attest: Jeanne F, Schneider. City Clerk Markham moved adoption of the Resolution and set for Public Hearing on 5/19/03 at a meeting to commence at 6:30 P.M, in the Public Library Auditorium and direct the City Clerk to publish notice in the manner prescribed by law Seconded by Cline, Motion carried 7.0, BOARDS/COMMISSIONS Applicants ere inv"ed to address the Council regarding their desire to serve on the following Board: Housing Code Appeals Board (Two 3. Year Terms to Expire 1/11/06); Applicant: Ben Durley, No one spoke. Appointments to the following Commission: Mechanicai Code Board (Two 3-Year Terms to Expire 3/16/06 - Terms of Geisler and Willenborg); Appiicants: Todd Geisler and Harlan J, Willenborg, Michalski moved that Todd Geisler and Harlan Willenborg be reappointed to three year terms which will expire 3/16/06, Seconded by Buol. Motion carried 7- 0, PUBLIC HEARINGS Buol moved that the rules be suspended to allow anyone present to speak, Seconded by Connors, Motion carried 7-0, Royal Oaks Development - Rezoning Request: Proof of publication on notice of hearing to consider a request from Royal Oaks DevelopmentlAJ. Spiegel to rezone property located at the end of Rhomberg Avenue (former Tollbridge Inn Restaurant) from CR Commercial Recreation District to PUD Planned Unit Development District and Zoning Advisory Commission recommending approval, and communications regarding the proposed rezoning at 2800 Rhomberg Avenue, presented and read. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying herem after described property located at 2800 Rhomberg Avenue from CR Commercial Recreation District to PUD Planned Unit Development District with a PR Planned Residential District designation and adopting a Conceptual Development Plan with conditions. presented and read. A J, Spiegel, owner of the property, spoke in favor of the rezoning which would allow the building of a condominium at the former Tollbridge Restaurant s"e, and stated he is not asking for any city funding to help with this project. Cliff Winner, 1077 Kaufmann, Martha Lundh, 2678 Marywood. and Herb Lange. wildlife photogrepher from Wisconsin, all spoke in opposition, citing historical and bluffland value and beauty, as well as stating eagles now are often seen in this area and" would disrupt their habitat John Kretz, 2760 Jonathan Lane, stressed that change is difficult but spoke in favor of the project. stating that he is one of the owners of the parking lot for this project, Rick Dickinson, Greater Dubuque Development Corp" spoke in favor of the project. Council discussed the proposed project at length, stressing appreciation to Mr Spiegel for his time and response to their questions about this development. though questioning City liability from falling rocks and stormwater drainage, and impact on the bluffland area, Mr, Spiegel stated that eagles are seen nesting all over Dubuque County now. not just in this particular area, Buoi moved that the requirement that a proposad Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which" is to be finally passed be suspended and further moved final consideration and passage of the Ordinance, .{\ I\~ ~e-~ 'ý f{\ CV--\ ~ I LIDS communication of Michael J. Visintin regarding the request to demolish property at 1112 - 1114 Central Avenue, presented and read. Greg Orwoll, Executive Director of the Colts, spoke in favor of demolishing the building. Chris Wand, Chair of the Historic Preservation Commission, spoke clarifying the Commission's position as to their denial. Michael Visintin, owner of the building, spoke giving a history of the losses incurred as an apartment house. Buol moved to receive and file the communications and grant the demolition permit. Second by Cline, Carried by the following vote: Yeas-Buol, Cline, Connors, Duggan, Markham, Nicholson. Nays-Michalski. Royal Oaks Development - Rezoning Request (Second Reading): Communication of Victoria AA VonHein-Mott regarding the rezoning of property located at the end of Rhomberg Avenue; communication from Kevin Koch urging the Council to reconsider its majority support for the condominium proposal along the Mississippi River; and communication of Corporation Counsel Barry Lindahl regarding an Indemnification Agreement to be added to the Ordinance, upon motion received and filed, An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2800 Rhomberg Avenue from CR Commercial Recreation District to PUD Planned Unit Development District with a PR Planned Residential District designation and adopting a Conceptual Development Plan with conditions, presented and read. Buol moved that the Indemnification Agreement be added to the Ordinance, that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Markham. Motion failed due to the following vote: Yeas-Buol, Duggan, Markham, Nicholson, Nays-Cline, Connors, Michalski. Buol then moved that this be considered the second reading of the Ordinance, as amended to include the Indemnification Agreement. Seconded by Markham. Carried by the following vote: Yeas-Buol, Duggan, Markham, Nicholson. Nays- Cline, Connors, Michalski. Barnstead International - Community Economic Betterment Account (CEBA) Application: City Manager recommending approval of the submittal of a Community Economic Development Account (CEBA) application to the Iowa Department of Economic Development on behalf of Barnstead International to assist with a proposed expansion, upon motion received and filed, Buol moved adoption of Resolution No. 154-03 Authorizing the filing of a Community Economic Betterment Account (CEBA) application on behalf of Barnstead International. Seconded by Michalski. Motion carried 7-0, U.S. Army Corps of Engineers: Communication of City Manager to Neal Johnson, U.S. Army Corps of Engineers, regarding concerns raised during a conference call regarding how the City of Dubuque defines "reasonably foreseeable" as it relates to the Southwest Arterial, upon motion received and filed, Transit Alternatives Analysis Purpose and Needs Statement: City Manager requesting additional input from the Mayor and City Council on the Dubuque Downtown Transit Alternatives Analysis Study, upon motion received and filed. Council requested that a work session be held when the study is finalized. 8 CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Special Session, May 8, 2003 Council met in special session at 5:00 p.m. at City Hall- Conference Room B Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson; City Manager Van Mil/igen; Corporation Counsel Lindahl Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose 0f conducting the third reading of the Royal Oaks Development rezoning request. Royal Oaks Development - Rezoning Request (Third Reading): Communication of Dan McLaughlin regarding the rezoning of property located at the end of Rhomberg Avenue and petition from SA SuttQn in opposition to the rezoning, upon motion received and filed. Michalski moved to pcjstpone the third reading of the Royal Oaks Development Rezoning Request to May 19, 20P3. Motion died for lack of a second. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by recla!¡sifying hereinafter described property located at 2800 Rhomberg Avenue from CR Commercial Recreation District to PUD Planned Unit Development District with a PR Planned Residential District designation and adopting a Conceptual Development Plan with 'conditions, presented and read. Buol moved final consideration and passage of the orctinance. Seconded by Nicholson. Carried by the following vote: Yeas-Buol, Duggan, !\(Iarkham, Nicholson. Nays-Cline, Connors, Michalski. There being no furthe~ business, upon motion meeting adjourned at 5:16 p.m. 1t 5/14 A~/~~ ' u:;~~ F:-~chn:r, CMC City Clerk Regular Session, October 6, 2003 321 RESOLUTION NO. 381.03 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Carter Road Detention Basin Project pursuant to Resolution No. 310-03 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 5" day of September, 2003. Whereas, said sealed proposals were opened and read on the 30" day of September, 2003. and it has been determined that the bid of Tschiggfrte Excavating Co. of Dubuque, Iowa, in the amount of $590,316.35 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:. That the contract for the above Improvement be awarded to Tschiggfrie Excavating Co., contingent upon permit issuance by the Iowa Department of Natural Resources, and the Manager be and Is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the warl<. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer Is authorized and instructad to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 6~ day of October, 2003. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, CMC, CIty Cieri< Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Port of Dubuque Parking Lot Renovation and Resurfacing 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 for the Port of Dubuque Parking Lot Renovation and Resurfacing Project to Portzen Construction, Inc. in the amount of $476,492.35, presented and read. Cline moved that the proofs and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 382.03 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 2711\ day of August, 2003, plans, specifications, form of contract and estimated cost were filed with the City Cieri< of Dubuque, Iowa for the Port of Dubuque Parl<ing Lot Renovation & Resurfacing Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specillcations, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 611\ day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 383-03 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Port of Dubuque Parl<ing Lot Renovation & Resurfacing Project pursuant to Resolution No. 307-03 and notice to bidders published In a newspaper published in the City of Dubuque, Iowa on the 511\ day of September, 2003. Whereas, said sealed proposals were opened and read on the 25~ day of September, 2003, and it has been determined that the bid of Portzen Construction, Inc. of Dubuque, Iowa, In the amount of $476,492.35 was the lowest bid for the fumishings of all labor and materials and perfonning the work as provided for in the plans and specillcaUons. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Portzen Construction, Inc. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE rr FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond. the City Treasurer is authorized and instructed to retum the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 6th day of October, 2003. ' Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, CMC, City Cieri< Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Markham moved that the rules be reinstated limiting discussion to the Council. Seconded by Cline. Motion carried HJ. ACTION ITEMS Eagle Point Bluff - Request for Public Heartng; Communication from SA Sutton, Chartes Wlnterwood, Francine Banwarth and Matt Lundh 322 Regular Session, Octobar 6, 2003 submitting signatures opposing the Royal Oaks condominium project and requesting that the C~y Council set a pub"c hearing for the next meeting, presented and read. Nicholson moved that the communications be received and filed. Seconded by Mar1<ham. Motion carried 7-0. Matthew Lundh, 2678 Marywood, spoke objecting to the loss of the bluff and old steps at this 2800 Rhomberg sita, citing the importance of the connection between the river and Eagle Point Parle City Manager submitting information on the development, presented and read. Nicholson moved that the communication be received and filed. Seconded by Mar1<ham. Motion carried 7- O. Irish Fast: Request at John Finn and Fran Henkels to address the Council regarding the location at IrIsh Fest and City Manager submitting background information on IrIsh Fest. presented and read. John Finn, 180 Main St., and Fran Henkels, 1400 University, spoke clarifying and requesting approval of the Council to hold Irish Fest behind the Busted Lift. Mer discussion, Nichoison moved to receive and file the communications and amend the request to allow Murphy Park as the Festival site with Mr. Finn providing the proper documentation. Seconded by Buol. Carried by the following vote: Yeas-Buol, Cine, Connors, Duggan, Michalski, Nicholson. Nays-Markham. RESOLUTION NO. 384-03 BEER Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved: and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be Issued the following named applicants a Beer Perm~. CLASS "B" BEER (5 - DAY SPECIAL EVENT) Davey Robertsons Public Bar The Busted Lift- IrIsh Fest Murphy Perk Passed, approved and adopted this 6th day at October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Nicholson moved adoption of the Resolution Seconded by BuoL Carried by the following vote: Yees.-Buol, Duggan, Cline, Connors, Michalski, Nicholson. Nays---Mar1<ham. Mayor Duggan turned control of the meeting to the Mayor Pro-Tem due to possible confiict of interest. QHQ Request for Rezoning (Tabled on August 4, 2003): Communication of Kenneth L Buesing requesting that the QHQ request for rezoning property located south of Holliday Drtve, west of the Northwest Arterial, be placed back on the City Council agenda, presented and read. Michalski moved that this item be removed from the table. Seconded by Nicholson, Motion carried 6-0. Attorney Steve Juergens. for QHQ, spoke of the Agreement reached with the neighbors, with the excellent help at Dubuque Dispute Resolution Center Mediator Hiram Melendez. Michalski moved that the communication of Mr. Buesing be received and filed. Seconded by Connors. Motion carried 6-0, An Ordinance amending Appendix A (the Zoning OrdInance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located south of Holliday Day, west of the Northwest Artertal, from AG Agrtcu~ural Distrtct to C-2 Neighborhood Shopping Center District and C-3 General Commercial zoning district, with conditions, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 77~3 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRI- BED PROPERTY LOCATED AT THE SOUTH END OF HOLUDAY DRIVE, WEST OF THE NORTHWEST ARTERIAL FROM AG AGRICULTURAL DISTRICT TO C-2 NEIGH- BORHOOD SHOPPING CENTER DISTRICT AND TO C.3 GENERAL COMMERCIAL DISTRICT, WITH CONDITIONS NOW, THEREFORE. BE rr ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) at the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-descrIbed property from AG Agrtcultural District to C-2 Neighborhood Shopping Center Distrtct, with conditions, to wit: The portion (regardless of how such portion is in the future finally subdivided and platted) at Lot 2 of 2 at the SE 1/4 of the NE 114 Section 20, TS9N, R2E, in the City of Dubuque. Iowa, now shown as Lots 8, 9, and 10 on the preliminary Zoning Plan attached hereto as ExhIbit "A" and by this reference incorporated herein. Section 2. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of N~\je(ÝÌbé:f- 3/ OJ Communication from Steve and Judy Selchert, Steve's Ace Hardware, requesting to purchase a portion of City-owned property abutting 3350 John F. Kennedy Road, upon motion received and filed and referred to the City Manager. Communication from the residents on West 16th Street requesting establishment of a Residential Parking Permit District in the 500 block of West 16th Street between Cornell and Catherine Streets, upon motion received and filed and referred to the City Manager. Request for Public Hearing - Eagle Point Bluff: Communication from Laurel Sprengelmeyer, General Manager of Teesri Duniya Theatre, requesting that a public hearing be held regarding the condominium development project at the end of Rhomberg Avenue, upon motion received and filed. Environmental Stewardship Advisory Commission: Communication from Mary Rose Corrigan, Public Health Specialist, advising that Environmental Stewardship Advisory Commissioner William Niemann has resigned and Commissioner Mark Henning does not plan to renew his application for reappointment, upon motion received and filed. Iowa Department of Transportation: Communication from the Iowa Department of Transportation submitting a Notice of Environmental Assessment Availability and Public Hearing concerning the proposed capacity improvement of US 20 in Dubuque County from Peosta to just east of the Northwest Arterial, upon motion received and filed. Brotherhood of Locomotive Engineers: Communication from the Brotherhood of Locomotive Engineers Iowa State Legislative Board regarding the operation of remote controlled locomotives, upon motion received and filed and referred to Dubuque Metropolitan Area Transportation Study. School Resource Officer (SRO) Agreement: City Manager recommending approval of an agreement between the City of Dubuque Police Department and the Dubuque Community School District regarding the duties and responsibilities of the School Resource Officers, upon motion received and filed and approved agreement Woodward Museum - 2002 Renovations Project: City Manager recommending acceptance of the Woodward Museum - 2002 Renovations Project in the final contract amounts of $79,579,50 (Contract No.1 - Masonry Tuckpointing), $35,550 (Contract No.4 - HVAC), $58,464 (Contract No 5 - Plumbing and Sprinkler), and $32,930 (Contract No.6 - Electrical), upon motion received and filed, Buol moved adoption of Resolution No. 413-03 Accepting improvement - Contract No, 1. Resolution No. 414-03 Approving final estimate of $79,579.50; Resolution No, 415-03 Accepting improvement - Contract No.4; Resolution No. 416-03 Approving final estimate of $35,550; Resolution No. 417-03 Accepting improvement - Contract No.5; Resolution No, 418- 03 Approving final estimate of $58,464; Resolution No. 419-03 Accepting improvement - Contract No, 6; Resolution No. 420-03 Approving final estimate of $32,930. Seconded by Michalski, Motion carried 7-0, Railroad Depot Restoration Project: City Manager recommending acceptance of the completed construction contracts associated with the Burlington Northern Railroad Depot Restoration Project, Contract No.13 - HVAC and Contract No.14 - Plumbing, upon motion received and filed. Buol moved adoption of Resolution No. 421-03 Accepting improvement; Resolution No 422-03 Approving final estimate of $110,021.67 (HVAC); Resolution No. 423-03 Accepting improvement; 2 . 'rD G3 c..,Vì I) ZWy , , O'Shea providing information about pre-annexation agreements and minutes of the February 19, 2004 Joint City/County Planning Committee, upon motion received and filed. Michalski moved adoption of Resolution No. 90-04 Adopting a Fringe Area Policy Agreement between Dubuque County and the City of Dubuque, Iowa. Seconded by Cline. Motion carried 7-0. Stormwater Utility Credit Policy: City Manager recommending adoption of the Stormwater Management Utility Policies and Procedures Manual prepared by City staff and CDM, the City's stormwater utility consultant, and the procedures and policies established within the manual, upon motion received and filed and approved recommendation. Busted Lift Special Event: City Manager submitting information regarding the Busted Lift's request to hold a St. Patrick's Day event, upon motion received and filed and approved request and directed that a detailed memo be given to the Council on how It went. Grand River Center - Bid Package #3 Retainage Reduction: City Manager recommending requests for payment for the Grand River Center and that the retainage be reduced, upon motion received and filed. Buol moved adoption of Resolution No. 91-04 Authorizing the release of retained funds to J.P. Cullen & Sons, Inc. for the construction of the Grand River Center. Seconded by Cline. Motion carried 7.0. ' PUBLIC INPUT S. A. Sutton, 1875 Custer St., spoke of the recent rockslide at 2800 Rhomberg where the proposed condominium complex is to be constructed and questioned City action. Michalski, Cline and Connors requested that this be checked out by the City. At 7: 1 0 P.M. upon motion it was resolved to go into Closed Session re: Property Acquisition - Chapter 21.5(1)0) 2003 Code of Iowa. At 7:26 Council reconvened Regular Session with statement that Staff had been given proper direction. There being no further business, upon motion meeting adjourned at 7:27 P.M. /)ß4/YÞ~J ~n: ~.:.schneider, CMC .' City Clerk 1t 3/10 5 4. f{\ c~ CJì I 5; ZetJ-/ Utility Easement - Carter Road Detention Basin Proof of publication on notice of hearing to considér the vacating of a utility easement in the area of the embankment for the Carter Road detention facility to ensure the structural integrity of the embankment. RESOLUTION Disposing of interest and vacate a utility easement over Lot 2 of Whites Place in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution REINSTATE THE RULES ACTION ITEMS 1. Boulder Slide of Eagle Point Bluff Communication from Carol Sula and Charles WintefWood, M.D., requesting that the City Council direct the City Manager and staff to investigate the latest boulder slide at Eagle Point Bluff. Suggested Disposition: Receive and File; Council 2. Presentation of Addy Award City Manager advising that the logo design for the Grand River Center, created by McCullough Creative Group and the City's Logo Design Committee, recently took first place in the Elements of Advertising/Logo category of the local American Advertising Federation competition, commonly known as the Addy Awards and the Logo Design Committee to present the Addy Award to the City of Dubuque. Suggested Disposition: Receive and File 3. East 9th and East 11th Street Connector Zoning Advisory Commission recommending approval of the renaming of the connector between East 9th and East 11th Streets to Elm Street as requested by the City of Dubuque. ' ORDINANCE Naming a roadway designated as West 911 Connector from East 9th Street to East 11th Street to Elm Street 4. ' Suggested Disposition: Receive and File; Motion B; Motion A Warehouse Demolition District Historic Preservation Commission recommending approval of the establishment of a Warehouse Neighborhood Demolition District. ORDINANCE Amending Chapter 11 (Building Regulations) of the City of Dubuque Code of Ordinances by amending Section 11-4(a) by creating the Warehouse Neighborhood Demolition District Suggested Disposition: Receive and File; Motion B; Motion A 9 ~~+ z IlOO~ 7. 8. Middle School Traffic Signalization City Manager recommending approval of the Dubuque Middle School/Radford Road Traffic Signalization project and that the City enter into a partnership with the Dubuque Community School District. Suggested Disposition: Receive and File; Approve Citizen Participation Plan Amendment City Manager recommending approval of an amendment to the Citizen Participation Plan to reflect administrative changes that have occurred and to revise the definition of a substantial amendment. RESOLUTION Amending the Citizen Participation Plan by repealing the existing plan and adopting a new Citizen Participation Plan in lieu thereof for the Community Development Block Grant (CDBG) Program Suggested Disposition: Receive and File; Adopt Resolution 9. Dubuque Community School District Partnership City Manager recommending approval of a partnership with the Dubuque Community School District to assist with financing construction of a neighborhood resource center at the new downtown elementary school. Suggested Disposition: Receive and File; Approve 10. Eagle Point Park Rock Face City Manager recommending approval of the issuance of a Request for Proposals for an engineering firm to examine the Eagle Point Park rock bluff, identify any problems, the potential causes for those problems and a course of action to remedy the problems. Suggested Disposition: Receive and File; Approve 11. Plumbing Code Ordinance City Manager recommending adoption of the 2003 Uniform Plumbing Code (UPC) published by the International Association of Plumbing and Mechanical Officials. ORDINANCE Of the City of Dubuque, Iowa providing that the Code of Ordinances, City of Dubuque, Iowa be amended by repealing Section 37-1 thereof and enacting a new Section 37-1 thereof pertaining to revising and reenacting a Plumbing Code for the City of Dubuque, Iowa and providing for the issuance of permits and collection of fees therefore Suggested Disposition: Receive and File; Motion B; Motion A 9 J1>t lLo I 2)5()Lf PlV-CO Arboretum Entrance Road Construction Project - Initiate: City Manager recommending initiation of the public bidding process for the Arboretum Entrance Road Construction Project and setting a public hearing for September 20, 2004, upon motion received and filed. Cline moved adoption of Resolution No. 332-04 Preliminary approval of plans and specifications; Resolution No. 333-04 Setting date of hearing on plans and specifications for 9/20/04 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 prescribed by law and Resolution No. 334-04 Ordering bids. Seconded by Markham. Motion carried 6-0. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Commission: Housing Commission (Three 3-year terms through 8/17/04 - Terms of Eddy, Kapler and Schwendinger): Applicants: Char Eddy, David J. Kapler, Dorothy Schwendinger, OSF No one spoke, Appointments to the following Commissions: Airport Commission (One four-year term through 9/14/08 - term of Goodmann) Applicant: Teri Hawks Goodmann Upon motion Teri Hawks Goodmann was reappointed for a four year term which will expire 9/14/08. Long Range Planning Advisory Commission (One vacant three-year term through 7/1/07): Applicant: James F. Prochaska Upon motion James F. Prochaska appointed to the Long Range Planning Advisory Commission for a three year term which will expire 7/1/07. ACTION ITEMS Eagle Point Park Bluff: Request of SA Sutton to address the City Council regarding the Eagle Point Park Bluff; communication from Robert Eichman and Richard Vorwald requesting that a public hearing be set for September 7,2004 to discuss the Eagle Point Park Bluff - Rock Face issue; and communications from Ellen Motsch and Leslie L. Motsch regarding the Eagle Point Park Bluffs, presented and read. S. A. Sutton, 1875 Custer St., spoke of the chain of events of the Eagle Point Bluff development and questioned why City should now pay to repair damages. Upon motion, this matter was received and filed. Sutton was directed to provide a copy of the documents she had to the City Clerk, and that the issue would be discussed at the September 7, 2004 meeting. Request to Address the Council - Proposed Liquor Ordinance: Request of Kevin A. Menning to address the Council regarding the proposed City ordinance banning drink specials, presented and read. Mr. Menning, 1525 Alta Vista, was present to speak. Mayor Pro-Tem Nicholson requested that public input into this matter be postponed until the Ordinance was brought before Council. Further Council direction was given that Mr. Menning provide Corporation Counsel Lindahl with a letter addressing his concerns. Downtown Conservation District - Dubuque Community School District: Communication from the Dubuque Community School District requesting that the new downtown school building site located on the northeast edge of the Downtown Demolition District be removed from the district; City Manager recommending approval of the Dubuque Community School District request; communication in opposition to the request of the Dubuque Community School District, upon 4 'S~uxn bv, / ì ¿roc! 2. 3. 4. 1. Villa Street Retaining Wall 2004 Reconstruction Project Proof of publication on notice of hearing to consider the Villa Street Retaining Wall 2004 Reconstruction Project and City Manager recommending award of the contract to WC Stewart Construction Company in the amount of $283,952.79. RESOLUTION Adopting plans and specifications RESOLUTION Awarding contract Suggested Disposition: Receive and File; Adopt Resolutions Port of Dubuque Storm Sewer Extension Project Proof of publication on notice of hearing to consider the Port of Dubuque Storm Sewer Extension Project and City Manager recommending award of the contract to Tschiggfrie Excavating Co., in the amount of $217,100.85. RESOLUTION Adopting plans and specifications RESOLUTION Awarding contract Suggested Disposition: Receive and File; Adopt Resolutions Heron Pond Fishing Pier Construction Project Proof of publication on notice of hearing to consider the Heron Pond Fishing Pier Construction Project and City Manager recommending award of the contract to Dubuque Barge and Fleeting Service Company (d/b/a Newt Marine Service), in the amount of $49,021.02. RESOLUTION Adopting plans and specifications RESOLUTION Awarding contract Suggested Disposition: Receive and File; Adopt Resolutions REINSTATE THE RULES ACTION ITEMS Eagle Point Park Bluffs Communication from SA Sutton regarding the Eagle Point Park Bluffs. Communication from John A. Brennan, M.D., requesting that he be considered for membership on an ad hoc committee to look Into the long-range solution to the Eagle Point Bluff issue. Submission of material from Richard Vorwald regarding the Eagle Point Bluff Suggested Disposition: Receive and File; Council 8 ---------,"