8 15 05 Agenda No Icons
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CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
4:00 P.M. -ZONING AND SUBDIVISION ORDINANCE UPDATE
5:30 P.M. - DINNER
6:30 P.M. - REGULAR MEETING
LIBRARY AUDITORIUM
MONDAY, AUGUST 15,2005
INVOCATION
Deacon Paul Peckosh, St. Raphael's Cathedral
PROCLAMATIONS
Tour de Dubuque Day (August 27, ,2005)
Irish Hooley Day (September 18, 2005)
CONSENT ITEMS
The consent agenda items are considered to be routine and non-controversial and all consent
items will be normally voted upon in a single motion without any separate discussion on a
particular item. If you would like to discuss one of the Consent Items, please go to the
microphone and be recognized by the Mayor and state the item you would like removed from
the Consent Agenda for separate discussion and consideration.
1. Minutes and Reports Submitted
Airport Commission of 7/1 and 8/1; Arts and Cultural Affairs Advisory Commission of
6/28; City Council of 8/1/05; Electrical Code Board of 8/1; Five Flags Commission of
6/28; Historic Preservation Commission of 7/7 and 7/21; Housing Code Appeals Board
of 1/25 and 5/17; Human Rights Commission of 7/11; Investment Oversight
Commission of 7/27; Zoning Advisory Commission of 8/3; Zoning Board of Adjustment
of 7/28
Proofs of publication of City Council Proceedings of June 27 and July 18, 2005 and List
of Claims and Summary of Revenues for Month Ended June 30, 2005
Investment Oversight Commission submitting the 45th Quarterly Report
Library Board of Trustees Update from Meeting of June 28, 2005
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
Corporation Counsel advising that the following claim has been referred to Public Entity
Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Clarence
Armbruster for personal injury
Suggested Disposition: Receive and File; Concur
Corporation Counsel recommending settlement of the claim of Molly Weidenbacher for
vehicle damage and directing the Finance Department to issue payment.
Suggested Disposition: Receive and File; Approve; Finance to Issue Payment
3. Park Maintenance Roof Project
City Manager recommending acceptance of the Park Maintenance Roof Project as
completed by Stumpf Construction in the final contract amount of $44,520.
RESOLUTION Accepting improvement
RESOLUTION Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
4. Harvest View Park Development Project
City Manager recommending acceptance of the Harvest View Park Development
Project as completed by Klauer Construction in the final contract amount of $105,265.
RESOLUTION Accepting improvement
RESOLUTION Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
5. Cedar Street and Dog Track Wastewater Pump Station Rehabilitations
City Manager recommending approval of the selection of WHKS & Company to provide
engineering design and construction services for the Cedar Street Lift Station and Dog
Track Lift Station modifications project.
Suggested Disposition: Receive and File; Approve
6. 2004 Certified Local Government (CLG) Annual Report
City Manager transmitting the 2004 Certified Local Government (CLG) Annual Report.
Suggested Disposition: Receive and File
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7. RFP for Property Acquisition Consultant for the Bee Branch Creek Restoration
Project
City Manager recommending approval of a Request for Proposals for property .
acquisition services for the commercial property south of 16th Street required for the Bee
Branch Creek Restoration Project.
Suggested Disposition: Receive and File; Approve
8. Zoning Advisory Commission
Communication from Ben Roush submitting his resignation from the Zoning Advisory
Commission.
Suggested Disposition: Receive and File
9. APAC Customer Services, Inc.
Communication from Mark A. Gerard, Assistant General, Counsel for APAC Customer
Services, Inc., advising that the APAC customer service facility located at 3250 JFK
Circle, Dubuque, Iowa, will discontinue operations and that employees would be
separated from employment during a fourteen day period commencing on September
28, 2005.
Suggested Disposition: Receive and File
10. East Central Intergovernmental Association
Communication from Kelley Deutmeyer, Executive Director of ECIA, submitting the
Fiscal Year 2006 Unified Work Program and the June 30, 2005 Comprehensive
Economic Development Strategy Annual Report.
Suggested Disposition: Receive and File
11. Dubuque Community School District
Communication from Dr. Kris Hall, Executive Director of Equity Operations and School
Services for the Dubuque Community School District, requesting that the west side of
Nevada Street be changed to no parking from the north end of Lincoln's property line to
West Fifth Street.
Suggested Disposition: Receive and File; Refer to City Manager
12. Asbury Plaza Shopping Center - Final Plat of Asbury Plaza No. 14
Zoning Advisory Commission recommending approval of the final plat of Asbury Plaza
No. 14 located in Asbury Plaza Shopping Center.
RESOLUTION Approving the final plat of Asbury Plaza No. 14 in the City of Dubuque,
Iowa
Suggested Disposition: Receive and File; Adopt Resolution
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13. Dubuque Industrial Center 4th Addition West - Final Plat
Zoning Advisory Commission recommending approval of the final plat of Lots 1 through
4 and Lots A, Band C of Dubuque Industrial Center 4th Addition West.
RESOLUTION Approving the final plat of Lots 1 through 4 and Lots A, Band C of
Dubuque Industrial Center 4th Addition West
Suggested Disposition: Receive and File; Adopt Resolution
14. Rosedale Avenue Reconstruction Project
City Manager recommending award of the contract for the Rosedale Avenue
Reconstruction Project to Portzen Construction, Inc. in the amount of $1 ,468,984.70.
RESOLUTION Awarding contract for the Rosedale Avenue Reconstruction Project
Suggested Disposition: Receive and File; Adopt Resolution
15. Nowata Street Reconstruction Award
City Manager recommending award of the contract for the Nowata Street
Reconstruction Project to McDermott Excavating in the amount of $337,082.33.
RESOLUTION Awarding contract for the Nowata Street Reconstruction Project
McDermott Excavating
Suggested Disposition: Receive and File; Adopt Resolution
16. Capital Improvement Project for Airport Self Fueling System
City Manager recommending approval for the Airport to purchase a self fueling system
at a cost of $56,445, which would come from additional lOOT funds and trade-in of a
1985 GMC refueler truck.
Suggested Disposition: Receive and File; Approve
17. Legal Department Intern
Communication from Randie Herdegen, Legal Intern, expressing appreciation for the
opportunity to work for the City of Dubuque.
Suggested Disposition: Receive and File
18. United Parcel Service
Communication from Eric L. Lucas, United Parcel Service, inquiring about the possibility
of purchasing a portion of a City street/alley abutting the property at 2550 Kerper
Boulevard.
Suggested Disposition: Receive and File; Refer to City Manager
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19. Tobacco Compliance - Civil Penalties for Tobacco Permit Holders
City Manager recommending acceptance and approval of an Acknowledgement/
Settlement Agreement for Lucky 13 Tavern and Dubuque Plaza 20 Amoco and the
assessment of a $300 penalty for a first tobacco compliance violation.
Suggested Disposition: Receive and File; Approve
20. Performance, Payment and Maintenance Bonds and Improvement Contracts
-- Comiskey Park Tennis Court and Skate Park Project
-- University Avenue Extension - Phase II
-- Synergy Court DICW - Street and Utilities Construction Project
Suggested Disposition: Receive and File; Approve
21. Business Licenses
RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to Clarke
College of Dubuque and Players Sports Bar; and a Class "B" Wine Permit to Sid's
Beverage and Oky Doky #6
RESOLUTION Granting the issuance of a Class "B" Beer (5-Day Special Event) Permit
to Riverfest; and a Class "C" Beer Permit to Sid's Beverage, Clark of Dubuque, Kwik
Stop Food Mart and Oky Doky #6
Suggested Disposition: Adopt Resolutions
ITEMS TO BE SET FOR PUBLIC HEARING
1. Alliant Easement in Port of Dubuque
City Manager recommending that a public hearing be set for September 6, 2005 to
consider granting an easement to Alliant Energy in the Port of Dubuque.
RESOLUTION Of intent to dispose of interest in real property by easement to Interstate
Power and Light
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
9/6/05
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BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Airport Commission (Two 4-year terms through 9/14/09 - terms of Brotherton and
O'Neill
Applicants: Douglas Brotherton, J.K. Hanson II, Michael A. Santillo
Housing Code Appeals Board (Two 3-years terms through 1/11/08 - vacant)
Applicants: Sandra Moore
Appointments to the following Boards/Commissions:
Mediacom Cultural Affairs Charitable Foundation Board (Two Council appointments)
Applicants: Richard Hall, John Woodin, Ellen Hartmann Henkels, and Rebecca Fabricius
(currently on Arts and Cultural Affairs Advisory Commission)
Electrical Code Board (Three 3-year terms through 5/21/08,- Hammel, Pfohl, Pregler)
Applicant: Dan Hammel
Housing Commission (Three 3-year terms through 8/17/08 - Helling, Neustadt, Mozena)
Applicants: Anthony Allen, William D. Helling, Julie A. LeClere, Angela Mozena, Harry
Neustadt
Human Rights Commission (One unexpired term through 1/1/08 - term of McAlpin)
Applicants: Mary Gassman, Marcos Rubinstein
Library Board of Trustees (One 4-year term through 7/1/09 - term of Felderman) (Mayor
Appointment)
Applicant: Dennis Healy, Becky Hauder
Communication from Mary Strom in support of the application of Dennis Healy.
PUBLIC HEARINGS
SUSPEND THE RULES
1. I.D. Associates/Aaron's
Proof of publication on notice of hearing to consider amending the Wacker Plaza PUD
Planned Unit Development sign regulations as requested by J.D. Associates/Aaron's to
install a free standing pole sign to exclusively promote Aaron's and Zoning Advisory
Commission recommending approval.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at the
northeast corner of U.S. Highway 20 and Wacker Drive by amending Section E, Sign
Regulations, of Ordinance No. 40-89 that established the PUD Planned Unit
Development District for Wacker Plaza
Suggested Disposition: Receive and File; Motion B; Motion A
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2. Asbury Plaza Shopping Center
Proof of publication on notice of hearing to consider rezoning property located at the
northwest corner of Asbury Road and the Northwest Arterial by amending the Asbury
Plaza PUD Planned United Development/PC Planned Commercial designation to
modify maximum building height as requested by Asbury Dubuque LLC and Zoning
Advisory Commission recommending approval.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at the
northwest corner of Asbury Road and the Northwest Arterial to amend Ordinance No.
44-99 that established the PUD Planned Unit Development District for Asbury Plaza and
amending the building height restriction for out lots
Suggested Disposition: Receive and File; Motion B; Motion A
3. Gronen Properties LLC/Michelle Mihalakis
Proof of publication on notice of hearing to consider rezoning property located at 2080
Elm Street from R-2A Alternate Two-Family Residential District to OR Office Residential
District as requested by Michelle Mihalakis/Gronen Properties LLC for development of a
twenty room SRO and Zoning Advisory Commission recommending approval.
Communication from Dolores M. Schiltz in opposition to the proposed rezoning at 2080
Elm Street.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at 2080 Elm
Street from R-2A Alternate Two-Family Residential District to OR Office Residential
District
Suggested Disposition: Receive and File; Motion B; Motion A (Super Majority
Vote Necessary)
4. Great River Road Interpretive Signage Project
Proofs of publication on notice of hearing on plans and specifications and notice to
bidders and City Manager recommending adoption of the plans and specifications,
rejection of all bids received, and the rebidding of the project.
RESOLUTION Adopting plans and specifications
RESOLUTION Rejecting all bids received for the Great River Road Interpretive Signage
Project and re-ordering bids for the project
Suggested Disposition: Receive and File; Adopt Resolutions
REINSTATE THE RULES
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ACTION ITEMS
1. OpportunityDubuque
Communication from OpportunityDubuque requesting City Council adopt a resolution of
support to ensure that the community has the option to further study, assess and
investigate whether the construction and/or operation of a communications utility is
feasible and appropriate and submitting a petition requesting that the question of
establishing a communications utility be placed on the ballot of the November 8, 2005
City Council election.
Suggested Disposition: Receive and File; Council
2. Communications Utility
RESOLUTION Requesting the Dubuque County Commissioner of Elections to place the
question of the authorization of the City of Dubuque to establish a Municipal
Communications Utility on the ballot for the general election to be held November 8,
2005
Suggested Disposition: Receive and File; Adopt Resolution
3. Special Events in Public Right-of-Way
City Manager recommending approval of the establishment of a policy to hold special
events on public rights-of-way.
Suggested Disposition: Receive and File; Approve.
4. Long Range Planning Advisory Commission
Appointment of City Council liaison to the Long Range Planning Advisory Commission
(currently City Council Member Buol).
Suggested Disposition: Receive and File; Council
5. Contract Change Order Approval
City Manager recommending that he be authorized to approve change orders to public
improvement contracts and approving a procedure for such change orders.
RESOLUTION Authorizing the City Manager to approve change orders to public
improvement contracts and providing a procedure for such change orders
Suggested Disposition: Receive and File; Adopt Resolution
6. Highway 20 Bridge
City Manager requesting direction regarding a work session to discuss several aesthetic
design issues for the Highway 20 Bridge Project as it enters Dubuque.
Suggested Disposition: Receive and File; Council
COUNCIL MEMBER REPORTS
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PUBLIC INPUT
At this time, anyone in the Council Chambers may address the Council on matters which are of
concern to that person and which are not an agenda item. Please take your place at the
microphone and state your name and address clearly. Proceed with your comments; however,
no formal action may be taken at this time on your comments because of the notice
requirements of the Iowa Open Meetings Law.
CLOSED SESSION
Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)0) 2005 Code of Iowa
Jeanne F. Schneider
August 11, 2005
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