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6 20 05 Minutes this meeting CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, June 20, 2005 Council met in regular session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, City Manager Van Milligen, Corporation Counsel Lindahl. Mayor Duggan read the call and stated this is a regular session called for the purpose of acting upon such matters which may properly come before the Council. Invocation was given by Rev. Nancy Bickel, Pastor of the First Congregational United Church of Christ. Presentations: Presentation of the "Employer of the Year" Plaque from the American Legion for Employer Support of the Guard and Reserve, presented by American Legion Commander John Galle. Presentation of 2005 Ken Kringle Historic Preservation Award from the Historic Preservation Commission for City Council's Commitment to Historic Preservation by the Chair of the Historic Preservation Commission Dave Stuart. Presentation of the 2005 Best Development Award from 1,000 Friends of Iowa for the America's River Project, presented by Planning Services Manager Laura Carstens. CONSENT ITEMS Minutes and Reports Submitted: Airport Commission of 5/2; City Council of 6/6 and 6/13; Human Rights Commission of 5/9; Zoning Advisory Commission 6/1; Zoning Board of Adjustment of 5/26, upon motion received and filed. Proofs of publication of City Council Proceedings of May 16, 2005 and List of Claims and Summary of Revenues for month ending April 30,2005, upon motion received and filed. Finance Director submitting the City of Dubuque Financial Reports for the month ending April 30, 2005, upon motion received and filed. Notice of Claims/Suits: Robert R. Butler, Sr. for property damage; Lynn Lang for vehicle damage; Jeffrey W. Robbins for property damage; Jill R. Seymour for property damage, upon motion received and filed and referred to the Legal Department for investigation and report. City Solicitor recommending settlement in the claim of Shawn & Celethia Baldwin, upon motion received and filed and concurred and Finance Director to issue proper payment. Eagle Valley Site Acquisition Project: City Manager recommending approval of a publication of combined notice of finding of no significant impact on the environment and notice of intent to request release of funds for the Eagle Valley Site Acquisition Project, upon motion received and filed. Buol moved adoption of Resolution No. 268-05 Authorizing publication of combined notice of finding of no significant impact on the environment and notice of intent to request release of funds for the Eagle Valley Site Acquisition Project. Seconded by Nicholson. Motion carried 7-0. 1 Draft Preservation Easement for Dubuque Shot Tower: City Manager recommending approval of a draft conservation easement agreement for preservation of the Dubuque Shot Tower, upon motion received and filed and approved recommendation. Exterior Storage Container Ordinance: Communication from Bill Hendricks expressing appreciation to the Council for repealing the exterior storage container ordinance and communication of the City Manager, upon motion received and filed. Northend Wrecking: Communication from Richard Koob regarding Northend Wrecking, upon motion received and filed. Heeb Street Retaining Wall: Communication from Dean J. Konrardy regarding the Heeb Street retaining wall and requesting a response, upon motion received and filed and referred to the City Manager. Deed of Sinclair Oil Property in Port of Dubuque: City Manager recommending acceptance of the deed of Sinclair Oil Property, upon motion received and filed. Buol moved adoption of Resolution No. 269-05 Accepting the deed to certain real estate in Dubuque County, Iowa from Sinclair Oil Corporation. Seconded by Nicholson. Motion carried 7-0. Sublease Agreement between Dubuque Racing Association, L TD and Peninsula Gaming Company, LLC: City Manager recommending approval of the Extension of Sublease Agreement between the Dubuque Racing Association, L TD and Peninsula Gaming Company, LLC, upon motion received and filed and approved recommendation. Iowa Department of Transportation: Notice from the Iowa Department of Transportation regarding the condemnation of certain rights in land for the improvement of Highway 20, upon motion received and filed. Plat of Survey - Stierman Gardens: Zoning Advisory Commission recommending approval of the plat of survey of Stierman Gardens in Dubuque County, Iowa, upon motion received and filed. Buol moved adoption of Resolution No. 270-05 Approving the plat of survey of Stierman Gardens in Dubuque County, Iowa. Seconded by Nicholson. Motion carried 7-0. 2004 Safe Schools Grant: City Manager transmitting information about the submittal of a Secure Our Schools Worksheet to the Office of Community Oriented Policing Services, U.S. Department of Justice, upon motion received and filed. International Union of Operating Engineers: City Manager recommending approval of a tentative agreement with the International Union of Operating Engineers, upon motion received and filed. Buol moved adoption of Resolution No. 271-05 Approving the agreement between the City of Dubuque, Iowa and the International Union of Operating Engineers, Local #758 and authorizing the Mayor to sign the agreement. Seconded by Nicholson. Motion carried 7-0. Legislative Correspondence: Communication to Senator Chuck Grassley, Senator Tom Harkin and Representative Jim Nussle regarding funding of IA 32 (Southwest Arterial), upon motion received and filed and approved. East Central Intergovernmental Association: Communication to Kelley Deutmeyer, Executive Director of East Central Intergovernmental Association, advising that Economic Development 2 Director David Heiar would be the City Manager's alternate on the ECIA Council, upon motion received and filed and approved recommendation. Arts and Culture Grant Agreements: City Manager recommending approval of FY 2005 Arts and Culture Grants for Special Projects to Dubuque County Historical Society, Fly-By-Night Productions, Dubuque Symphony Orchestra and Dubuque Museum of Art, upon motion received and filed and approved recommendation. Council Member Michalski requested a summary of the projects. Indian Room Rest Room Renovation Project: City Manager recommending acceptance of the Indian Room Rest Room Renovation Project as completed by Conlon Construction Company in the final contract amount of $34,574.45, upon motion received and filed. Buol moved adoption of Resolution No. 272-05 Accepting improvement and Resolution No. 273-05 Approving final contract amount. Seconded by Nicholson. Motion carried 7-0. Tobacco Compliance - Civil Penalties for Tobacco Permit Holder: City Manager recommending acceptance and approval of the Acknowledgement/Settlement Agreement for Paro Food Mart and the assessment of a $300 penalty for tobacco compliance violations, upon motion received and filed and approved recommendation. Brownfields Public Information Meeting: Notification of Public Information meeting on Tuesday, June 21, 2005 at 10:30 AM. at the Port of Dubuque cleanup site, the parking lot east of the Diamond Jo Casino and South of the Grand Harbor Resort, to review cleanup activities associated with Port of Dubuque Brownfields Redevelopment Project, upon motion received and filed. Business License Refunds: Request of Dubuque Inn Corporation for a refund of their liquor license in the amount of $633.75 and of Michael's Bar-X for a refund in the amount of $633.75, upon motion received and filed and approved refunds. Business Licenses: Buol moved adoption of Resolution No. 274-05 Granting the issuance of one new permit to sell cigarettes and cigarette papers within the City to Bartinis on Main St; Resolution No. 275-05 Granting the issuance of sixteen (16) renewal permits to sell cigarette and cigarette papers within the City; Resolution No. 276-05 Granting the issuance of Class "B" Beer (5 Day Special Event) to Rotary Club of Dubuque at Alliant Amphitheater and Class "C" Beer Permits to Dubuque Discount Gas #3, 3270 Dodge, Rainbo Oil Co. - Kwik Stop Mart, 1401 Central, Hartig Drug Co. Inc. #2, 157 Locust, and Hy-Vee Wine and Spirits, 3500 Dodge St. "A"; and Resolution No. 277-05 Granting the issuance of Class "C" Beer/Liquor License to SMG Food & Beverage - Five Flags Center, 405 Main St., Diamond Jo LLC - Diamond Jo Casino-Portside, 400 E. 3rd St., Toreros, 4031 Pennsylvania, American Legion Post #6, 1306 Delhi and Applebee's Grill/Bar, 1395 Associates Dr.; and Class "B" Wine Permit to Hy-Vee Wine and Spirits, 3500 Dodge "A" and Hartig Drug #2, 157 Locust. Seconded by Nicholson. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING Vacating Petition: City Manager recommending that a public hearing be set for July 5, 2005 to consider a request from Nathan Boyes to vacate a sanitary sewer easement over Lot 29 Emerald Acres No.2 in the City of Dubuque, upon motion received and filed. Markham moved adoption of Resolution No. 278-05 Of intent to dispose of interest and vacate sanitary sewer easement over part of Lot 29 Emerald Acres No. 2 in the City of Dubuque, Dubuque County, Iowa and set it for public hearing on 7/5/05 at a meeting to commence at 6:30 P.M. in the public library auditorium 3 and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Connors. Motion carried 7-0. Comiskey Park Tennis Court / Skate Park Project: City Manager recommending initiation of the public bidding process for the Comiskey Park Tennis Court / Skate Park Project and that a public hearing be set for July 18, 2005, upon motion received and filed. Markham moved adoption of Resolution No. 279-05 Preliminary approval of plans and specifications; Resolution No. 280-05 Setting date of hearing on plans and specifications for 7/18/05 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 and Resolution No. 281-05 Ordering bids. Seconded by Connors. Motion carried 7-0. Tri-State Industries: City Manager recommending Council approval to set a public hearing for July 5th to dispose of Lot 3 of Dubuque Industrial Center West 3rd Addition. to Heller Family Realty Co. for construction of a 50,000 square foot building for Tri-State Industries, upon motion received and filed. Markham moved adoption of Resolution No. 282-05 Of Intent to Dispose of an Interest in Real Property in the Dubuque Industrial Center West by Sale to the Heller Family Realty Company, LLC Pursuant to a Development Agreement and set for public hearing on 7/5/05 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 Connors. Motion carried 7-0. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Park and Recreation Commission (Three 3-year terms through 6/30108 - terms of Blocklinger, Daykin and Schrobilgen) Applicants: Tom Blocklinger, Evelyn Nadeau, Matthew Lundh, Richard Vorwald Evelyn Nadeau and Richard Vorwald spoke requesting consideration for appointment. TV Cable Community Teleprogramming Commission (One vacant 3-year term through 6/30/06, one vacant 3-year term through 3/30/07, three 3-year terms through 6/30108 - terms of Everist, Hoverman and one vacant) Applicants: Pauline J. Maloney Pauline Maloney spoke requesting consideration for appointment. Zoning Advisory Commission (Three 3-year terms through 7/1/08 - terms of Christ, Schiltz and Smith) Applicants: Martha E. Christ, Richard J. Schiltz, Ron Smith No one spoke. Appointments to the following Boards/Commissions: Electrical Code Board (Five 3-year terms through 5/21/08 - Terms of Dixon, Hammel, Pfohl, Pregler, Reiss) Applicants: James Dixon, Elaine Reiss Upon motion James Dixon and Elaine Reiss reappointed to terms that will expire 7/1/08. Historic Preservation Commission (Three 3-year terms through 7/1/08 - Langworthy District [Mozena], Architect/At-Large [Wand], and Old Main District [Berzins] Applicants: Christopher Wand, Mirdza Erika Berzins Upon motion Christopher Wand and Mirdza Erika Berzins were reappointed to terms that will expire 7/1/08. Investment Oversight Advisory Commission (One 3-year term through 7/1/08 - Term of Spielman) Applicant: Charles Spielman Upon motion Charles Spielman reappointed to a term that will expire 7/1/08. Library Board of Trustees (Five 4-year terms through 7/1/09 - Felderman, Shubatt, Smith, Strom, Tully) Applicants: Diann Guns, Beverly Kolz, Michael Shubatt, Kristin Smith Upon motion appointments to this Board were tabled. 4 PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the Council. 2635/2641 University Avenue - Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at 2635/2641 University Avenue from R-1 Single-Family Residential District and R-2 Two-Family Residential District to R-3 Moderate Density Multi-Family Residential District as requested by Paul Papin and Zoning Advisory Commission recommending approval; Communication of Vickie Hess submitting a petition with 36 names of neighbors objecting to the proposed rezoning of 2635/2641 University Avenue, citing heavier traffic and unsafe conditions and an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2635/2641 University Avenue from R-1 Single-Family Residential District and R-2 Two-Family Residential District to R-3 Moderate Density Multi-Family Residential District, presented and read. Mr. Papin spoke stating he wanted to improve this property. Vickie Hess, 2661 University, spoke objecting to the proposed rezoning stating no one knows exactly what will be built there and a larger multi-plex would be detrimental to the residential neighborhood. Sue Faulkner, 2665 University; Beth Williams, 2645 University; Audrey Yarnell, 2653 University, and Sydney Johnson, 2666 Beverly, all spoke objecting to the proposed rezoning because of increased density and traffic. Nicholson moved to table action on this rezoning and directed Staff to work with Mr. Papin. Seconded by Michalski. Motion carried 7-0. 601 Garfield Avenue - Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at 601 Garfield Avenue from R-3 Moderate Density Multi-Family Residential District to OR Office Residential District as requested by Scott Potter/Davis Place LLC and Zoning Advisory Commission recommending approval, upon motion received and filed. Ordinance No. 38-05 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 601 Garfield Avenue from R-3 Moderate Density Multi-Family Residential District to OR Office Residential District, presented and read. Buol moved 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. Seconded by Nicholson. Motion carried 7-0. Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Lease Agreement between the City of Dubuque and Peninsula Gaming Company, L. L. C.; Second Amendment to Amended and Restated Lease Agreement between the City of Dubuque and Dubuque Racing Association, Ltd.; Settlement Agreement between Peninsula Gaming Company, L. L. C. and the City of Dubuque: Proof of publication on notice of hearing to consider approval of a lease agreement between the City of Dubuque and Peninsula Gaming Company, L. L. C. and the Second Amendment to Amended and Restated Lease Agreement between the City of Dubuque and Dubuque Racing Association and City Manager recommending approval, upon motion received and filed. City Manager recommending approval of a Settlement Agreement between Peninsula Gaming Company, L. L. C. and the City of Dubuque, upon motion received and filed. Cline moved adoption of Resolution No. 283-05 Disposing of an interest in real property by amendment to lease with Dubuque Racing Association, L TD, Resolution No. 284-05 Disposing of an interest in real property by lease agreement with Peninsula Gaming Company, LLC and approval of the Settlement Agreement between Peninsula Gaming Company LLC and the City of Dubuque. Seconded by Nicholson. Motion carried 7-0. 1501 West 32nd Street - Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at 1501 West 32nd Street from AG Agricultural District to R-1 5 Single-Family Residential District as requested by Luksetich Spahn Development/Paul and Bernice Ehrlich and Zoning Advisory Commission recommending approval, upon motion received and filed. Brian Kane, Attorney for the applicant, stated this development is consistent with the Comprehensive Plan and traffic issues will be dealt with during the platting of the proposed single family lots. Paul Uhlrich, 489 Olympic Heights, spoke stating he was not against the rezoning but does object to the narrow Olympic Heights Road being used as an access to this large development. Ordinance No. 39-05 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 1501 West 32nd Street from AG Agricultural District to R-1 Single-Family Residential District, presented and read. Buol moved 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. Seconded by Nicholson. Motion carried 7-0. Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. 4310 Asbury Road - Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at 4310 Asbury Road from AG Agricultural District to C-3 General Commercial District as requested by Kevin and Nancy Conlon and Zoning Advisory Commission recommending approval, upon motion received and filed. Kevin Conlon, 18710 Homestead Lane, spoke clarifying his request for rezoning, stating that all the surrounding property was currently zoned C-3. Ordinance No. 40-05 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 4310 Asbury Road from AG Agricultural District to C-3 General Commercial District, presented and read. Buol moved 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. Seconded by Nicholson. Motion carried 7-0. Buol moved final consideration and passage of the Ordinance. Seconded by Connors. Motion carried 7-0. 2011/2015 Radford Road - Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at 2011/2015 Radford Road from R-1 Single-Family Residential District to C-2 Neighborhood Shopping Center District and Zoning Advisory Commission recommending approval, upon motion received and filed. Patricia Scott, 2015 Radford, spoke stating she is buying this property for investment purposes. Ordinance No. 41-05 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2011/2015 Radford Road from R-1 Single-Family Residential District to C-2 Neighborhood Shopping Center District, presented and read. Buol moved 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. Seconded by Nicholson. Motion carried 7-0. Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Bergfeld Recreation Area Development: Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending award of the contract to Drew Cook and Sons Excavating in the amount of $469,524.60, upon motion received and filed. Cline moved adoption of Resolution No. 285-05 Adopting plans and specifications for the project and Resolution No. 286-05 Awarding contract to Drew Cook and Sons Excavating, Seconded by Markham. Motion carried 7-0. Dubuque Industrial Center West - Third Addition - Contract B: Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager 6 recommending award of the contract for the Dubuque Industrial Center West - Third Addition - Contract B to Horsfield Construction, Inc. in the amount of $2,299,055.55, upon motion received and filed. Markham moved adoption of Resolution No. 287-05 Adopting plans and specifications for the project and Resolution No. 288-05 Awarding contract to Horsfield Construction, Inc. Seconded by Cline. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the Council. ACTION ITEMS Dubuque County Extension Director: Communication from Nancy Everman, Dubuque County Extension Director, requesting to address the Council regarding Dubuque County Extension programming within the City and County, upon motion received and filed. Ms. Nancy Everman spoke of their active programs within the City. Dubuque Health and Fitness: Communication from Jean Daoud, President of Dubuque Health and Fitness, requesting to make a brief information presentation to the City Council. Jean Daoud, 396 Moore Heights, spoke of Dubuque Health and Fitness. Upon motion this matter was received and filed and referred to the City Manager. Chaplain Schmitt: Communication from Walter A Pregler regarding relocation of the Chaplain Schmitt memorial, upon motion received and filed and referred to the City Manager. 4616 Asbury Road Request to Rezone - Tabled on 2/21/05 & 3/7/05: Mayor Duggan turned the meeting over to Mayor Pro-Tem Connors due to possible conflict of interest. Upon motion the following was removed from the table. Communication of Chuck Nauman requesting that his rezoning request for 4616 Asbury Road be added to this Agenda; Consideration of rezoning property located at 4616 Asbury Road from AG Agricultural District to C-3 General Commercial District as requested by Chuck Nauman/Maxine Roussel and Zoning Advisory Commission recommending approval; Communication from Timothy J. Quagliano clarifying his position on rezoning of land located at 4616 Asbury Road and Communication from Tim Quagliano regarding the proposed rezoning and access to the parcel of property to be rezoned, upon motion received and filed. Chuck Nauman spoke clarifying his request for the rezoning. Ordinance No. 42-05 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 4616 Asbury Road from AG Agricultural District to C-3 General Commercial District, presented and read. Buol moved 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. Seconded by Nicholson. Motion carried 6-0. Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 6-0. Mayor Duggan returned and took control of the meeting. Bergfeld Farm Rezoning: Communication from Tom Bitter, representing Allen Lex, Lloyd Steffen and Elaine White, regarding the Bergfeld Farm rezoning, upon motion received and filed. Final Plat - Furuseth's Sixth Subdivision: City Manager recommending approval of the final plat of Furuseth's Sixth Subdivision located in Dubuque County, Iowa, upon motion received and filed 7 Cline moved adoption of Resolution No. 289-05 Approving the final plat of Furuseth's Sixth Subdivision in Dubuque County, Iowa. Seconded by Connors. Motion carried 7-0. Purchase of Property - 409 Burch Street: City Manager recommending that the property at 409 Burch Street be declared a public nuisance and the City begin steps to acquire the property and Corporation Counsel providing background information on property at 409 Burch St. , upon motion received and filed. Cline moved adoption of Resolution No. 290-05 Establishing the Fair Market Value of Real Property at 409 Burch Street, Dubuque, Iowa, owned by John White. Seconded by Michalski. Motion carried 7-0. Sidewalk Cafe Ordinance (First Reading on June 6, 2005): Communication of Public Health Specialist submitting additional Sidewalk Cafe Information, upon motion received and filed. Ordinance No. 43-05 Amending Chapter 41 Streets, Sidewalks and Other Public Places of the City of Dubuque Code of Ordinances, said Ordinance having been presented and read at the Council Meeting of 5/2/05, now presented for further action. Buol moved 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 Nicholson. Motion carried 7-0. National and Burlington Streets - Stop Signs: City Manager recommending approval of the installation of a stop sign for westbound traffic on National Street at its intersection with Burlington Street in response to a citizen request but not recommending any changes for the intersection of National Street and Muscatine Street, upon motion received and filed. Ordinance No. 44-05 Amending the Code of Ordinances of the City of Dubuque, Iowa, by modifying Subsection (b) of Section 32-214 thereof providing for the addition of a stop sign on National Street at Burlington Street, presented and read. Buol moved 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. Seconded by Connors. Motion carried 7-0. Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Work Session for Update of Zoning and Subdivision Ordinance: City Manager recommending selection of date and time for a Work Session for an update of the Zoning and Subdivision Ordinance, upon motion received and filed and set the date of the Work Session for 8/8/05 at 5:30 P.M. COUNCIL MEMBER REPORTS Council Member Michalski reported that Tara Nelson and Matt Cornwall received the CommUNITY Award at the recent Diversity Conference. PUBLIC INPUT Sr. Mary Patricia Conlon, Administrator of Ecumenical Towers, spoke of concerns with the traffic patterns on Sixth Street. At 8:48 P.M. there being no further business, upon motion meeting adjourned. /s/ Jeanne F. Schneider City Clerk 1 t 6/29 8