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10 17 05 Agenda with icons CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM MONDAY, OCTOBER 17, 2005 INVOCATION Alan Garfield, Member of Temple Beth-EI PROCLAMATIONS Arts and Culture Month (October, 2005) Medicare and You Days (November 9 and 10, 2005) ~.~ ,_:~'~;:.: - - ~', ~~ :='-~ - -~~-- Arts and Culture Medicare and You 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 9/26; Cable TV Regulatory Commission of 6/28; Cable TV Teleprogramming Commission of 5/3 and 917; City Council of 10/3; Civil Service Commission of 8/19 and 9/2; Historic Preservation Commission of 9/15 and 10/6; Housing Commission of 9/28; Long Range Planning Commission of 9/21; Zoning Advisory Commission of 10/5 Library Board of Trustees Update from the Meeting of September 27,2005 Printed City Council Proceedings for month of July, 2005 Proofs of publication of City Council Proceedings of September 19 and October 5, 2005 and List of Claims and Summary of Revenues for Month Ended July 31,2005 Suggested Disposition: Receive and File; Approve as Printed ~....i o ~.. o ~.~ . --- - --~--- ~.. --~~.i ".... ~ o ~.. ~; ..'",-=:.. ---~- Airport Cable Regulatory Cable lV Commissior Cable lV Commissiol City Council Civil Service of 8/18 Commission of 5/3 of 9/7 ~,. '~:~;'.: , ~~,",::-:: . ~ EJ ~.'~ EJ ~_"::! ._-::;;:;;. - ---~- ~'J;!. ---.-...,'. ------ .~:- - Civil Service of 9/19 HPC of 9/15 HPC of 10/6 Housing Corrrrission Long Range Planning ~ EJ ~ ~ ~.:- .~=.: ...., Zoning Advisory Ubrary Bel Update Council Proceedings Corrrrission 2. Claims/Suits Corporation Counsel recommending settlement of the claim of Steven Neyens for property damage and directing the Finance Department ~o issue payment Suggested Disposition: Receive and File; Concur; Finance Department to Issue Payment .. Claim - Settled 3. Tri-State Development Company Communication from Brian Lammers, Tri-State Development Company, withdrawing the rezoning request for property on Seipp Ie Road that was tabled on September 19, 2005. Suggested Disposition: Receive and File; Approve Tri-State Developrrent Ur 4. United States Environmental Protection Agency Fact Sheet from the United States Environmental Protection Agency advising that the second five-year review for the Peoples Natural Gas Superfund Site has been completed. Suggested Disposition: Receive and File . EPA Factsheet 2 5. City of Greenwood, Mississippi Communication from Harry L. Smith, Mayor of the City of Greenwood, Mississippi, transmitting a Proclamation of Thanks and Appreciation to the City of Dubuque, Iowa from the City of Greenwood. Suggested Disposition: Receive and File 'f*t raJ Greenwood Proclarretion 6. Dubuque Main Street, Ltd. Recognition from Dubuque Main Street, Ltd to the City Council for the City Arts and Cultural Initiative; to the Arts Task Force for the City Arts and Cultural Initiative and to the City of Dubuque for the Bell Street and West Road I ,South Port Connector. Suggested Disposition: Receive and File . Dubuque Main Street Awards 7. Iowa Department of Transportation Communication from Mayor Terrance M. Duggan to the Iowa Department of Transportation regarding funding status of the IA 32 (Southwest Arterial) project. Suggested Disposition: Receive and File ., Ur to lOOT 8. Airport Commission CIP Request City Manager recommending approval of a request from the Airport Commission to purchase an aircraft de-ice vehicle at a cost of $200,000, of which the FAA will pay $190,000 and the City $10,000 from the Airport Construction Fund. Suggested Disposition: Receive and File; Approve ~ ~ ., Airport - Staff Merro Ii ~ ~ Airport - MVM Memc Airport - FAA Ur Airport Corrrrission Minutes 3 9. U.S. 20 Sanitary Sewer Extension Project City Manager recommending acceptance of the U.S. 20 Sanitary Sewer Extension Project as completed by Top Grade Excavating, Inc. in the final contract amount of $382,102.05. RESOLUTION Accepting the U.S. Highway 20 Sanitary Sewer Extension Project RESOLUTION Approving final estimate RESOLUTION Adopting the final assessment schedule for the U.S. Highway 20 Sanitary Sewer Extension Project including certain information required by the Code of Iowa, specifically, the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assessments are payable and directing the City Clerk to certify the final schedule and to publish notice thereof Suggested Disposition: Receive and File; Adopt Resolutions ~..@t :.7-'-" _ -_.-:" ~' .,~-- - ~' ~ .....:. - . Hwy 20 Sewer - MVM Merro Hwy 20 Sewer - Staff Merro Hwy 20 Sewer - Resolutions Hwy 20 Sewer Assessrrents 10. Asbury Plaza Phase I - Acceptance of Public Improvements City Manager recommending acceptance of the public improvements which the developer, Rubloff Development Group, Inc. has recently completed in Phase I of Asbury Plaza. RESOLUTION Accepting improvements in Asbury Plaza - Phase I Suggested Disposition: Receive and File; Adopt Resolution ~:::i - ~:~-; - ~.~ ..~~-..'-- ; -..- ~ EJ . Asbury Plaza - MVM Memo Asbury Plaza - Staff Memo Asbury Plaza - Resolution Asbury Plaza - Vicinity Ma p 11. Civil Service Commission Civil Service Commission submitting the certified lists for the positions of Accountant, Utility Billing Coordinator and Engineering Technician. Suggested Disposition: Receive and File; Make a Matter of Record ~ ~ ~ ~ ~ Accountant Utility Billing Coordinator Engineering Technician 4 12. Key City Properties No.2 - Final Plat Zoning Advisory Commission recommending approval of the final plat of Key City Properties NO.2 located on North Cascade Road in Dubuque County, Iowa. RESOLUTION Approving final plat of Key City Properties No.2 in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution ~i~:: --,,_. .........--. ., . ~ . Key City - Application Key City - Location Key City - Staff Key City - Final Plat Map Report Key City - ZAC Ltr ~ 'iiu. -~~', ...... ~ Key City - Resolution 13. Boat Ramp and Trailer Parking - A.Y. McDonald Park City Manager recommending approval of a grant agreement with the Iowa Department of Natural Resources for a $50,000 Water Recreation Access Grant to reconstruct the boat ramp and trailer parking area at Water Works Park (A.Y. McDonald Park). RESOLUTION Authorizing an agreement for a Water Recreation Access Grant for boat ramp and parking at Water Works Park Suggested Disposition: Receive and File; Adopt Resolution ~ EJ ~ EJ ~ EJ . Boat Ramp - MVM Memo Boat Ramp - Staff Memo Boat Ramp - Resolution IDNR Grant Agreement 14. Trailhead -A.Y. McDonald Park City Manager recommending approval of an agreement with the Iowa Department of Transportation (IDOT) for a $200,000 Federal Recreational Trails grant to construct a trailhead facility at Water Works Park (A.Y. McDonald Park). RESOLUTION Authorizing a grant agreement with the Iowa Department of Transportation for Federal Recreational Trail Funds for Water Works Park Trailhead Suggested Disposition: Receive and File; Adopt Resolution ~:.!,,; :_~_. - ~ ~ EJ ~ Trailhead - MVM Memo Trailhead - Staff Memo Trailhead - Resolution Trailhead - Grant Agreement 5 15. Human Rights Commission Communication from Lou Oswald submitting his resignation from the Human Rights Commission, effective immediately. Suggested Disposition: Receive and File ~ EJ Oswald Ur 16. 2005 International Building Code Communication to Mike Connolly requesting support of the adoption of the 2003 International Building Code. Suggested Disposition: Receive and File .. Connolly Ur 17. Samantha Drive City Manager providing an update regarding the Samantha Drive drainage issue. Suggested Disposition: Receive and File ~ EJ Samantha Dr - MVM Memo 18. Business License Refund Request of Carol A. Meyers for a refund of the cigarette license for A & B Tap in the amount of $50.00. Suggested Disposition: Receive and File; Approve Refund 19. Business Licenses RESOLUTION Granting the issuance of one renewal permit to sell cigarettes and cigarette papers to Shannon's Bar RESOLUTION Granting the issuance of a Class "B" Beer Permit to Happy Joe's; and a Class "C" Beer Permit to 5-Point Mart and Aldi #30 RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to Channel Inn, Rainbow Lounge and Europa Haus; Special Class "C" Liquor License to Grape Harbor and Isabella's at the Ryan House; and a Class "WBN" Wine to P.S.I Love You 6 Suggested Disposition: Adopt Resolutions 1iV!).' u ~ ~ EJ Resolution # 1 Resolution #2 Resolution #3 Police Reports ITEMS TO BE SET FOR PUBLIC HEARING 1. Southern Avenue Property Sale City Manager recommending that a public hearing be set for November 7, 2005 to consider disposing of City-owned property along Southern Avenue to Allan and Constance Rowell. RESOLUTION Of Intent to dispose of City interest in Lot 29, 30, and 31 of Mineral Lot 39, the easterly 30' of Lot'1 of John Breakey's Dubuque, the westerly 56' of Lot 1 of John Breakey's Dubuque, Lot 2 of John Breakey's Dubuque, Dubuque, Iowa by sale to Allan L. and Constance J. Rowell Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 11/7/05 ~ EJ ~ EJ ~:~ :......~~;~. ....-:. Iii Iii Southern - Plat Southern - Offer to Buy Southern - MVM Memo Southern - Staff Memo Southern - Resolution 2. Municipal Parking Garage Restoration Project City Manager recommending initiation of the public bidding process for the Municipal Garage Parking Garage Restoration Project and that a public hearing be set for December 19, 2005. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Fixing date of hearing on plans and specifications RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 12/19/05 ~ ~ ..~=:;" ~ E.J ~ EJ Restoration - MVM Merro Restoration - Staff Merro Restoration - Resolutions 7 BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Board: Transit Board of Trustees (Three 3-year terms through 7/1/08 - terms of Enderson, Lightcap and Sand) Applicants: George O. Enderson, Michael W. Sand Appointments to the following Commission: Zoning Advisory Commission (One 3-year term through 7/1/06) Applicants: Kenneth Bichell, Matthew Lundh, Darren D. White Additional Applicants: Jim Kieffer, David Welsh ~ EJ ~.'l;A EJ Iii Bd and Comm List Overview Sheet Transit Bd Zoning Cormission ZAC - Addl Applicants PUBLIC HEARINGS SUSPEND THE RULES 1. Royal Oaks Development - 600 Mazzuchelli Place Rezoning Communication from A.J. Spiegel withdrawing the Royal Oaks Development Corporation's application for rezoning of property located at 600 Mazzuchelli Drive. Communication from Sister Margaret Ann Willging regarding the condominium plans for Kelly's Bluff. Communication from Dan Grant in support of the River Pointe project. Proof of publication on notice of hearing to consider reclassifying property located at 600 Mazzuchelli Place from R-2 Two-Family Residential to PUD Planned Unit Development with PR Planned Residential designation as requested by A.J. Spiegel, Stott and Associates/Royal Oaks Development and Zoning Advisory Commission recommending denial. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 600 Mazzuchelli Drive from R-2 Two-Family Residential District to PUD Planned Unit Development District with a PR Planned Residential District Designation and adopting a Conceptual Development Plan with conditions Suggested Disposition: Receive and File; Accept Withdrawal; or Motion B; Motion A (Super Majority Vote) 8 .. .. ~L :/:,~~\ '.'" ., ., Spiegel Ur Willging Ur Grant Ltr Spiegel - ZAC Ur Royal Oaks - Royal Oaks - VICinity Application Map . ~C7" n_i<> "~, ~.. ~ ., &; Royal Oaks - Drawings Royal Oaks - Staff Report Royal Oaks - Ordinance Opposition Ur Nagle - Exhibits 2. Martin McNamer/NCR Developers - Manson Road Rezoning Proof of publication on notice of hearing to consider reclassifying property located on Manson Road from AG Agricultural District to R-2 Two-Family Residential District as requested by Martin McNamer/NCR Developers, 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 west of Manson Road from AG Agricultural District to R-1 Single-Family Residential District Suggested Disposition: Receive and File; Motion B; Motion A ~ ~ . ., ~ E.l ~.. -~~ ... - ., NCR - ZAC Ltr NCR - Application NCR - VICinity Map NCR - Staff Report NCR - Ordinance NCR - Exhibit A 3. Joseph Walbrun - 4855 Old Highway Road Rezoning Proof of publication on notice of hearing to consider reclassifying property located at 4855 Old Highway Road from R-3 Moderate Density Multi-Family Residential District to C-3 General Commercial District as requested by Joseph Walbrun and Zoning Advisory Commission recommending denial. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 4855 Old Highway Road from R-3 Moderate Density Multi-Family Residential District to C-3 General Commercial District Suggested Disposition: Receive and File; Motion B; Motion A (Super Majority Vote) ~,[~ ~~=~.' "~ , ., ., ~ ~ ~ E.l Old Hwy Rd - ZAC Ur Walbrun - Application Walbrun - VICinity Map Walbrun - Staff Report Walbrun - Ordinance 9 4. Leo J. Sullivan - 4000 Block of Peru Road Rezoning Proof of publication on notice of hearing to consider reclassifying property located in the 4000 block of Peru Road from R-1 Single-Family Residential District to R-2 Two-Family Residential Zoning District as requested by Leo J. Sullivan and Zoning Advisory Commission recommending denial. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located in the 4000 Block of Peru Road from R-1 Single-Family Residential District to R-2 Two-Family Residential District Suggested Disposition: Receive and File; Motion B; Motion A (Super Majority Vote) ~~ -. "c:. .... -.. Ii Ii ~ EJ ~.~ EJ Peru Rd - ZAC Ur Sullivan - Application Sullivan - Lot Layou Sullivan - Staff Sullivan - Ordinance Report Iii Iii Sullivan - VICinity Map Peru Rd - Opposition Urs 5. River Valley Nursery - 2813 Jackson Street Rezoning Proof of publication on notice of hearing to consider reclassifying property located at 2813 Jackson Street from C-1 Neighborhood Commercial District to C-2 Neighborhood Shopping Center District as requested by Wayne Klostermann/River Valley Nursery and Landscaping, Inc., and Zoning Advisory Commission recommending denial. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2813 Jackson Street from C-1 Neighborhood Commercial District to C-2 Neighborhood Shopping Center District Suggested Disposition: Receive and File; Motion B; Motion A (Super Majority Vote) ~ EJ Ii Ii ~~ .,~--" -- ~ Ii River Valley - ZAC Ur River Valley - River Valley - VICinity River Valley - Staff River Valley - Application Map Report VIOlation Ur River Valley - Opposition Ltr fit Ii ~ EJ Iii River Valley - Support Ur River Valley - Opposition Petition River Valley - Ordinance Green Growth Article 10 6. Joseph Bitter/Roger Kunde - 55 West 32nd Street Rezoning Proof of publication on notice of hearing to consider reclassifying property located at 55 West 32nd Street from R-1 Single-Family Residential District to HI Heavy Industrial District as requested by Joseph Bitter/Roger Kunde, North End Auto Wrecking, Inc., 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 55 West 32nd Street from R-1 Single-Family Residential District to HI Heavy Industrial District Suggested Disposition: Receive and File; Motion B; Motion A ~ ~~-.:- .. "" . u ~ ~ ~.M . -'.." ...... Kunde - ZAC Ur Kunde - Application Kunde - VICinity Map Kunde - Ordinance Kunde - Staff Report 7. Miller-Riverview Park Electrical Service Project, Phase II Proofs of publication on notice of hearing to consider adoption of the plans and specifications and notice to bidders for the Miller-Riverview Park Electrical Service Project - Phase II and City Manager recommending award of the contract to Biechler Electric in the amount of $50,528.50. RESOLUTION Adopting plans and specifications RESOLUTION Awarding contract RESOLUTION Approving construction contract with Biechler Electric Suggested Disposition: Receive and File; Adopt Resolutions ~ EJ ~ E.l ~ E.l Miller Park - MVM Memo Miller Park - Staff Memo Miller Park - Resolutions REINSTATE THE RULES 11 ACTION ITEMS 1. Espresso Drive Thru (Tabled on October 3, 2005) Communication from Loretta Thompson, Moo Java Inc., requesting to address the Council regarding a proposed espresso drive-thru behind Dubuque Discount Gas by Wal-Mart. City Manager providing additional information regarding the espresso drive-thru and recommending that a traffic study be required. September 23,2005 letter from the Engineering Department to Loretta Thompson, Moo Java Inc., requesting additional information regarding the proposed drive-thru. Suggested Disposition: Receive and File; Remove from Table; Council ~ EJ EtL...... .' fIjf ,. ThOI'TllSOn Urs Drive- Thru - MVM Merro Drive- Thru Information Engineering Dept Ur 2. Arts and Culture Grant Program for Special Projects Arts and Cultural Affairs Advisory Commission recommending approval the following grant awards for the FY 2006 Arts and Culture Grant Program for Loras College (Multi- Cultural Performing Arts Series); Dubuque Arts Council (Dubuque Winter Jazz and Blues Festival); Bell Tower Productions (Honk! Junior); Dubuque Museum of Art (Arts Trek Enhancement Program); and Dubuque Arboretum (Japanese Garden Gate), Suggested Disposition: Receive and File; Approve ~ E.J . FY 2006 Special Projects ~ g .~'''. - ~~ -"--' ""':": ~gg: .-- , .... .", ~.~~ .....-.-. ....... ..~ Grants - Cormission Ur Loras College Agreement Arts Council Agreement Bell Tower Agreement Museum of Art Agreement ~" ::~~.. 0-. .. >>~ Arboretum Agreement 3. Historic Preservation Commission Historic Preservation Commission requesting that the City Council submit a letter to the School Board recommending parking options for the new downtown school and further recommending that the City Council seek input from the Housing Commission regarding the potential impact of these parking options on affordable housing, and then share the Housing Commission's report with the School Board. Suggested Disposition: Receive and File; Council 12 ~ ~,~ -. -~_._.: - ~ ~ Parking - HPC Ltr School Planning Corrrrittee Minutes Master Survey Map 4. Tobacco Compliance - Civil Penalties for Tobacco Permit Holders City Manager recommending acceptance and approval of Acknowledgement/Settlement Agreement for Clark Retail, Inc. and the assessment of a $300 penalty for a tobacco compliance violation and further recommending that a toba.cco compliance hearing be held regarding the second tobacco compliance violation bl A.W.N. Stop Mart and if the violation is sustained the attached order assessing the 2n violation civil penalty of $1,500 on or before November 17, 2005 or suspending their tobacco license for thirty (30) days beginning November 17, 2005. Suggested Disposition: Receive and File; Approve; Conduct Hearing ~ ;:~~~: "--'''''':'~'' ... ,.- ~ ~ ~ EJ ~.,-.,.., EJ Tobacco - MVM Memo Compliance - Staff Memo Clark Retail Agreement AWN's Penalty Assessment 5. Residential Parking Permit District Ordinance Amendment City Manager recommending approval of an amendment to the Residential Parking Permit District Ordinance to provide special parking permits to employees of businesses providing in-home health care and hospice services to residents living in a residential parking permit district. ORDINANCE Amending City of Dubuque Code of Ordinances, Chapter 32, Article VIII, Division 7 Residential Parking Permit Program by adding a new Section 389-5 providing for a special parking permit for home health care providers Suggested Disposition: Receive and File; Motion B; Motion A ~~ .-...-.-' .- ~ ~ ~., ~ - RPPD Permit - MVM Memo RPPD Perrrit - Staff Memo RPPD Perrrit - Ordinance 6. Notice of Violation City Manager recommending approval for the City to issue a Notice of Violation in lieu of filing a criminal complaint for a municipal infraction. ORDINANCE Amending City of Dubuque Code of Ordinances, Chapter 1, Article II Civil Penalty, by adding a new Section 1-18 Allowing the City to issue a notice of violation for municipal infractions Suggested Disposition: Receive and File; Motion B; Motion A 13 ~...~ M~"; - ~ ~~' _ ::~_H -- ~ o Notice - MVM Merro Notice - Staff Memo Notice of Violation - Ordinance Notice of VIOlation Form 7. Roosevelt Street Extension Parking City Manager recommending the addition of two-hour parking to the south side of Roosevelt Street Extension from Kerper Boulevard to a point 375 feet east of Kerper Boulevard as requested by Jon Romaine, Area Residential Care. ORDINANCE Amending Section 32-362(c) of the Code of Ordinances of the City of Dubuque, Iowa, providing for two-hour parking by adding certain portions of Roosevelt Street Extension Suggested Disposition: Receive and File; Motion B; Motion A ~ EJ ~ EJ ~ ~ Ii Ii Roosevelt - MVM Merro Roosevelt - Staff Merro Roosevelt - Ordinance Roosevelt - Exhibit A Romaine Ltr COUNCIL MEMBER REPORTS 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. Jeanne F. Schneider October 13, 2005 14