10 17 05 Agenda NO 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)
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 9n; 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
2. Claims/Suits
Corporation Counsel recommending settlement of the claim of Steven Neyens for
property damage and directing the Finance Department to issue payment
Suggested Disposition: Receive and File; Concur; Finance Department to Issue
Payment
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)
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 9n; 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
2. Claims/Suits
Corporation Counsel recommending settlement of the claim of Steven Neyens for
property damage and directing the Finance Department to issue payment
Suggested Disposition: Receive and File; Concur; Finance Department to Issue
Payment
3. Tri-State Development Company
Communication from Brian Lammers, Tri-State Development Company, withdrawing the
rezoning request for property on Seipple Road that was tabled on September 19, 2005.
Suggested Disposition: Receive and File; Approve
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
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
6. Dubuque Main Street, Ltd.
Recognition from Dubuque Main Street, Ltd to the City Gouncil 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 / South Port Connector.
Suggested Disposition: Receive and File
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
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
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
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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
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
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
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
14. Trailhead - A.Y. McDonald Park
City Manager recommending approval of an agreement with the Iowa Department of
Transportation (lOOT) 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
15. Human Rights Commission
Communication from Lou Oswald submitting his resignation from the Human Rights
Commission, effective immediately.
Suggested Disposition: Receive and File
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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
17. Samantha Drive
City Manager submitting additional information regarding the Samantha Drive drainage
Issue.
Suggested Disposition: Receive and File
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
Suggested Disposition: Adopt Resolutions
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
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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 beset 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
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
PUBLIC HEARINGS
SUSPEND THE RULES
1. Royal Oaks Development - 600 MazzuchelliPlace 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.
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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)
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
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)
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)
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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)
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'
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
REINSTATE THE RULES
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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
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
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 dovyntown 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
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 tobacco 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
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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
6. Notice of Violation
City Manager recommending approval for the City to issue a Notice of Violation in lieu of
filing a criminal complaintfor 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
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
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
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