Royal Oaks Condo Proj Info
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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
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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.
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(\ \)~ 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
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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.
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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. :
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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.
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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,
.{\
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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
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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
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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
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