Loading...
12 19 05 Agenda with icons CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM MONDAY, DECEMBER 19, 2005 INVOCATION James Collins, President, Loras College PRESENTATIONS TO MAYOR TERRANCE DUGGAN,COUNCIL MEMBER DAN NICHOLSON AND COUNCIL MEMBER JOHN MARKHAM PROCLAMATION National Homeless Persons' Memorial Day (December 21,2005) ~ Horreless Persons' Day 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 Arts and Cultural Affairs Advisory Commission of 10/25; Cable Community Teleprogramming Commission of 11/1; City Council of 12/5; Human Rights Commission of 11/14; Park and Recreation Commission of 11/8; Zoning Advisory Commission of 12n; Zoning Board of Adjustment of 11/23 Proofs of Publication of City Council Proceedings of November 7 and 17, 2005 and List of Claims and Summary of Revenues for month ending September 30 and October 31, 2005 Printed City Council Proceedings for month of August, 2005 Suggested Disposition: Receive and File; Approve as Printed ~ ~ ~ ~ ~ ~ Art and Cu~ural Affairs Cable lV City Council Hurran Rights Park and Rec Zoning Advisory u ~ Zoning Bd of Adj Council Proceedings 2. Notice of Claims/Suits Rebekkah Michel for property damage; Kerin Moldenhauer for property damage; Peggy Plunkett for vehicle damage; Sisters of the Presentation for vehicle damage; Kenneth W. Shannon and Shirley M. Shannon for property damage Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report Corporation Counsel advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: John W. Freund III for vehicle damage; Robyn Miller for personal injury/vehicle damage; Kerin Moldenhauer for property damage and Peggy Plunkett for vehicle damage. Corporation Counsel recommending denial of the claim of Rebekkah Michel for property damage. Suggested Disposition: Receive and File; Concur ~ rli Claim; - !CAP Claim - Denied 3. Guardrail Replacement Program Project City Manager recommending acceptance of the Guardrail Replacement Program Project as completed by Pauline Company, Inc., in the final contract amount of $58,567.50. RESOLUTION Accepting improvement RESOLUTION Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions ~ IiiD'l ~ ~.'..... ~ ~ Gua rdra iI - MVM Memo Guardrail- Staff Memo Guaradrail- Resolutions Guardrail- Final payrrent Form 2 4. Northwest Arterial Fiber Optics Conduit Construction Project City Manager recommending acceptance of the Northwest Arterial Fiber Optics Conduit Construction Project as completed by Volkens, Inc. of Dyersville, Iowa, in the final contract amount of $114,624.00. RESOLUTION Accepting improvement RESOLUTION Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions ~ ~ ~ EJ ~ NW Arterial- MVM Merro NW Arterial- Staff Merro NW Arteria I - Resolutions NW Arterial- Final Costs 5. Asbury Road Sidewalk Installation Project City Manager recommending acceptance of the Asbury Road Sidewalk Installation Project as completed by Winger Construction in the final contract amount of $18,957.27 (includes a project completion incentive of $1,188.44) and adoption of the schedule of final assessments. RESOLUTION Accepting improvement RESOLUTION Approving final estimate RESOLUTION Approving final schedule of assessments Suggested Disposition: Receive and File; Adopt Resolutions ~ ~ ~ EJ ~ L2J ~ Sidewalk - MVM Merro Sidewalk - Staff Merro Sidewalk - Resolut~ns Sidewalk - Final Costs Sidewalk - Final Assessrrents 6. 2004 Asphalt Paving Project City Manager recommending acceptance of the 2004 Asphalt Paving Project as completed by River City Paving, Division of Mathy Construction, Inc., in the final contract amount of $1 ,51 0,921.31 RESOLUTION Accepting improvement RESOLUTION Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions ~ ~ ~ ril Paving - MVM Merro Paving - Staff Merro Paving - Resolutions Paving - Final Payrrent Form 3 7. Library Exterior Maintenance Project City Manager recommending acceptance of the Library Exterior Maintenance Project as completed by Fred Jackson Tuckpointing, Co., in the final contract amount of $80,733. RESOLUTION Accepting improvement RESOLUTION Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions IiV[i)l 1:2J ~ 1iVf0.' LiJ rli Library - MVM Merro Library - Staff Merro Ubrary - Resolutions Library - Project Costs 8. Marshall Park Rest Room Construction Project City Manager recommending acceptance of the Marshall Park Rest Room Construction Project as completed by Kluck Construction in the final contract amount of $167,540.60. RESOLUTION Accepting improvement RESOLUTION Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions IiVfj1 1:2J IiVfj1 1:2J ~. _--.-:c. .. Marshall Park - MVM Merro Marshall Park - Staff Merro Marshall park- Resolutions 9. Delinquent Stormwater Management Accounts City Manager recommending approval of the submission of the delinquent stormwater management collection accounts to the Dubuque County Treasurer in order to establish real property liens for collection of such past due accounts. RESOLUTION Authorizing collection of delinquent stormwater management accounts in accordance with Section 44-282 and 44-86 of the Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution fiii?'1 u ~ 1iVifl.r. "C.U StormNater - MVM Merro Stornwater - Staff Merro Storrrwater - Resolution 4 10. Delinquent Sewer Accounts City Manager recommending approval of the submission of the delinquent sewer accounts to the Dubuque County Treasurer in order to establish real property liens for collection of such past due accounts. RESOLUTION Authorizing collection of delinquent sewer accounts in accordance with Section 44-83 and 44-86 of the Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 6[J u u Sewer - MVM Merro Sewer - Staff Merro Sewer - Resolution 11. Delinquent Garbage and Refuse Collection Accounts City Manager recommending approval of the submission of the delinquent garbage and refuse collection accounts to the Dubuque County Treasurer in order to establish real property liens for collection of such past due accounts. RESOLUTION Authorizing collection of delinquent garbage and refuse collection accounts in accordance with Section 40-37 and 40-38(d) of the Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ Refuse - MVM Merro Refuse - Staff Merro Refuse - Resolution 12. Friends of the Mines of Spain Communication from Douglas G. Olk, Friends of the Mines of Spain, requesting a letter of support from the City Council for their expansion project for inclusion in future grant applications. Suggested Disposition: Receive and File; Approve ~ IiiiS1 't.J Mines of Spain - Olk Ur Letter of Support 5 13. Citizen Communication Communication from Sarah Davidson in appreciation of the City Council's support of the Step by Step housing project on Bluff Street. Suggested Disposition: Receive and File ra Davidson Ur 14. Tax Increment Financing Report City Manager submitting the 2005 Annual Tax Increment Financing Report. Suggested Disposition: Receive and File ~ ~.t. =.^." .. u llF - MVM Merro llF - Staff Merro llF Report 15. Establishment of Fair Market Value City Manager recommending approval of establishment of the fair market value for an easement for a sanitary sewer lift station on the John and Pamela Gartner property. RESOLUTION Establishing fair market value for the acquisition of an easement for a sanitary sewer lift station on real property owned by John P. and Pamela J. Gartner in the County of Dubuque, Iowa for servicing Arbor Estates and surrounding areas Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~:i3 c.~.,.. . ~ r&f Fair Value. MVM Merro Fair Value - Staff Merro Fair Value - Resolution Uft Stat"n - Maps 16. Temporary Easements City Manager recommending approval of a resolution authorizing the City Manager to enter into agreements for acquisition and to execute easements and agreements for rights-of-way for public improvement projects when the cost is less than $10,000. RESOLUTION Authorizing the City Manager to enter into agreements for the acquisition of right-of-way and to execute permanent and temporary easements for public improvement projects Suggested Disposition: Receive and File; Adopt Resolution 6 u u u Easen-ents - MVM Merro Easen-ents - Staff Merro Easerrents - Resolution 17. Dubuque Arts Council Communication from Paula Jo Wolfe, President of the Dubuque Arts Council, expressing appreciation to the City Council for support of performing arts in Dubuque. Suggested Disposition: Receive and File g, Arts Council Ltr 18. u.S. Department of Housing and Urban Development Communication from the U.S. Department of Housing and Urban Development advising that the Consolidated End-of-Year Review for Program Year 2004 was satisfactory. Suggested Disposition: Receive and File ~ HUD Ltr 19. Business Licenses RESOLUTION Granting the issuance of a Class "C" Beer Permit to Big 1 0 Mart, Kwik Stop Food Mart (4039 Pennsylvania) and Kwik Stop Food Mart (2320 Hwy 61) RESOLUTION Granting the issuance of a Class "B" Liquor License to Holiday Inn Five Flags, Julien Inn and Hoffman House; and Class "C" Beer/Liquor License to The White House, Bowling and Beyond, Cue Masters Billiards, Ten Pin Tap and The AveNew Suggested Disposition: Adopt Resolutions ~ ~l ...-'-..--' -- -. ra Resolution # 1 Resolution #2 Police Reports 7 BOARDS/COMMISSIONS Appointments to the following Commission: Human Rights Commission (Three terms through January 1, 2009 - terms of Ehlinger, Foster and Vanden Heuvel) Applicants: Anthony Allen, Patricia Foster, Mary Gassman, Vincent Vanden Heuvel Iiii1'l EJ ~ .rifl Bd and Conm List Overview Sheet Hunan R9hts Apps ITEM TO BE SET FOR PUBLIC HEARING 1. Amended and Restated Garfield Place Urban Revitalization Area Plan City Manager recommending that a public hearing be set for February 6, 2006 to consider amending the Garfield Place Urban Revitalization Area as an Urban Revitalization Area pursuant to Chapter 404 of the Code of Iowa. RESOLUTION Setting a public hearing on a proposal to amend City of Dubuque Ordinance 7-2004 establishing the Amended and Restated Garfield Place urban Revitalization Area as an Urban Revitalization Area pursuant to Chapter 404 of the Code of Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 2/6/06 ~ u {J ~ g Garf"ld - MVM Merro Garf"ld - Staff Merro Garf,,1d - Resolution Garf"ld Place Arrendrrent Garf,,1d Place - Exhibit A PUBLIC HEARINGS 1. 4755/4855 Old Highway Road - Request to Rezone Proof of publication on notice of hearing to consider rezoning property located at 4755/4855 Old Highway Road and Parcel #10-29-451-008 from R-3 Moderate Density Multi-Family Residential District to C-3 General Commercial District as requested by Joseph Walbrun/Joan O'Toole/James Hauber/Madeline and Albert Kotz 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 4755 and 4855 Old Highway Road and Parcel #10-29-451-008 from R-3 Moderate Density Multi- Family Residential District to C-3 General Commercial District Suggested Disposition: Receive and File; Motion B; Motion A 8 ti[) ~ ~ Old Hwy Rd - ZAC Ltr Old Hwy Rd - Old Hwy Rd - VICinity Applicatons Map ~ ~ Old Hwy Rd - Staff Old Hwy Rd - Report Ordinance 2. Alter Scrap Processing - Request to Rezone Communication from Dawne O'Meara, General Manager of Alter Trading Corporation, withdrawing the application to rezone. Proof of publication on notice of hearing to consider rezoning property located at 190 North Crescent Ridge from CS Commercial Services and Wholesale, C-3 General Commercial and AG Agricultural District to PI Planned Industrial District 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 east of North Crescent Ridge Road from CS Commercial Service and Wholesale, C-3 General Commercial and AG Agricultural Districts to PUD Planned Unit Development District with a PI Planned Industrial District designation and adopting a Conceptual Development Plan, with conditions, for Alter Trading Corporation Suggested Disposition: Receive and File; Approve Withdrawal, Concur with Denial or Motion B; Motion A (Super Majority Vote Necessary) rll ~ ti[) ~ ~ fli "-, Mer Scrap Ltr A~er - ZAC Ltr Alter Scrap - Staff A~er Scrap- Mer Scrap - VICinity A~er Scrap - Menu Application Map Attorney Ltr ~ ~ ~ rYJ 5 ~ " - Alter - Business Mer Scrap - Photos A~er Scrap - Bldg Mer Scrap - IIW A~er Scrap - A~er Scrap - Staff Profile S~e Pia n Map Environrrental Plan Repert ~ fli ri: ri: 5 fli Mer Sera p - Surrounding Area Alter - October Alter - Noverrber Bike/Hike Trail Menu Propesed Trail Maps Ordinance Map Photos Photos ~ ti[) ~ rll fit ~ Corrrrercial Sub - 11 2 05 Minutes A~er - Oppes~ion A~er - Addl Material O'Connor & Thorres Suggested Moton Plats Ltrs Material 3. River Pointe Development, LLC - Request to Rezone Proof of publication on notice of hearing to consider rezoning property located at 600 Mazzuchelli Drive from R-2 Two-Family Residential District to PUD Planned Unit Development with a PR Planned Residential designation 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 9 Development District with a PR Planned Residential District designation and adopting a Conceptual Development Plan with conditions Suggested Disposition: Receive and File; Concur with Denial or Motion B; Motion A (Super Majority Vote Necessary) ~ EJ ~ m ~ Iiii]'l.. EJ River Pointe - ZAC Ltr River Pointe - Applicatkm River Pointe . VICinity Map River Pointe - Photos, Plans River Pointe - Staff Report rJl Iiii?'I EJ ra Ifi ~ ~j" .",..,-, - Traff~ Study - Staff River Pointe - Traffic Irrpact Study River Pointe - Aerial Merro Ordinance Exhibit LRPAC Ltr LRPAC Minutes ~ ~ ~ rlt ri- ~ PUD - Staff Merro River Pointe - State Archaeologist River Pointe - Support Ltr Ltr Oppos~ion Bluff - 1992 Staff WHKS - Addllnfo Report rll 6[J River Pointe - Addl Suggested MotkJn Photos 4. United Rental Building Demolition and Site Clearance Project Proof of publication on notice of hearing to consider approval of the plans and specifications for the United Rental Building Demolition and Site Clearance Project and City Manager recommending award of the contract to Tri-State Development Company in the amount of $11 ,999. RESOLUTION Adopting plans and specifications RESOLUTION Awarding contract RESOLUTION Approving construction contract for the former United Rental Building Demolition and Site Clearance Project Suggested Disposition: Receive and File; Adopt Resolutions ~ ~-'" ;;.=; -. ~ Derrol~kJn - MVM Merro Derrol~kJn - Staff Merro Derrol~kJn - Resolutions Material from November 7,2005 City Council Meeting ~.- EJ ~ ~.J.... CJ Derrol~kJn - MVM Merro DerrolitkJn - Staff Merro Derrol~kJn - Resolutions 10 5. Parking Ramp Restoration Project Proof of publication on notice of hearing to consider approval of the plans and specifications for the Parking Ramp Restoration Project and City Manager recommending award of the contract to Brent Anderson Associates, Inc., in the amount of $960,955. RESOLUTION Adopting plans and specifications RESOLUTION Awarding contract Suggested Disposition: Receive and File; Adopt Resolutions ~ EJ ~ IiVfl1'l EJ Rarrps - MVM Merro Rarrps - Staff Merro RaflllS ~ Resolutions Material from October 17,2005 City Council Meeting ~ ~ u Restoration - MVM Merro Restoration - Staff Merro Restoration - Resolutions ACTION ITEMS 1. Arc Design Resources, Inc. I QHQ Properties (Second Reading December 5, 2005) City Manager submitting a revised ordinance for the Arc Design Resources, Inc. I QHQ Properties rezoning for the proposed development of a Sam's Club. Communication from Chuck Nauman regarding the Arc Design Resources, Inc. I QHQ Properties rezoning request. 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 the Northwest Arterial and Asbury Road from C-3 General Commercial District to PUD Planned Unit Development District with a PC Planned Commercial District designation and adopting a Conceptual Development Plan, with conditions, for Sam's Club Suggested Disposition: Receive and File; Motion A ~ ~ ~ lit fil Sarris Club - MVM Sarris Club - Staff Sarris Club - Revised NaurTBn Ur Merro Merro Ordinance Sarris Club - PUD Inforrration fil ~ Iii ~. ......~.:::: . Traffk: Study - Merros Prrvate Drives - landscaping - Merro Merro Suggested Motk," 11 Material from December 5, 2005 Meeting ~ ~ Sams - Addl MVM Sam's Club - MVM Memo Memo ~ ~ Sams Club - Staff Merro Sam's - Revised Ordinance Material from November 21,2005 City Council Meeting ~ ~ lit fii u ~"' ~L: .. u QHQ - ZAC Ur QHQ - Application QHQ - Plat of Survey QHQ - VICinity Map QHQ - Staff Report Sam's Club - Project Description u ~ QHQ - Exhibits 1-1 and 1-2 rla lit QHQ - Ordinance QHQ - Site Plans Resurrection Church Ltrs IiV0 ~ ~ o Sams Club - MVM Merro Sams Club - Staff Merro 2. Brewery Neighborhood Conservation District This item has been placed on the agenda as requested by Council Member Dan Nicholson at the November 21,2005 City Council meeting. City Manager advising that John Gronen will provide an update on efforts to save the Dubuque Brewing and Malting Company building. Suggested Disposition: Receive and File; Council ~ Iii@'! EJ ~""""'" LiJ I)jstrict - MVM Merro Brewery - Staff Merro Brewery - Ordinance 3. Timber-Hyrst Estates Zoning Advisory Commission recommending approval of the preliminary plat of Timber- Hyrst Estates and waiving the 31-foot street width and allowing 27 feet of paving provided on-street parking is restricted to one side only as requested by Marty McNamer/North Cascade Road Developers, LLC. Suggested Disposition: Receive and File; Approve ~ ffJi fit ~ U McNamer - Vicinity McNamer - Staff McNamer - Exhibit A Map Report TintJer-Hyrst - ZAC Ur McNarrer- Application 12 4. Visiting Nurse Association - Request for Four-Way Stop Intersection City Manager recommending approval of the installation of stop signs on Iowa Street at West Fifteenth Street to make it a four-way stop intersection as requested by the Visiting Nurse Association Board of Directors. ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa, by deleting a portion of Iowa Street from Subsection (b) of Section 32-213 thereof providing for the designation of through streets ORDINANCE 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 stop signs on Iowa Street at West Fifteenth Street Suggested Disposition: Receive and File; Motion B; Motion A ~ Iii@ TI.J ~ TI.J fil VNA - Exhibtt A ~ VNA - MVM Merro VNA - Staff Merro VNA - Ordinances Suggested Mot"n 5. Dubuque Humane Society City Manager recommending approval of a request from the Dubuque Humane Society to waive the "no dogs allowed" restriction to allow use of the Riverwalk, American Trust River's Edge Plaza and the Alliant Energy Amphitheater to conduct the 2006 "Strut Your Mutt" fund raiser. ORDINANCE Amending City of Dubuque Code of Ordinances Section 34-54 Prohibiting Dogs in City Parks, authorizing the City Manager to allow dogs on the Mississippi Riverwalk for special events Suggested Disposition: Receive and File; Approve ~ ~ ~ TI.J rli ~ Riverwalk - MVM Riverwalk - Staff Merro Memo Riverwalk - Ordinance Humme Society Ltr Suggested Mot"n 6. Shot Tower Drive - Property Acquisition City Manager recommending approval of an addendum to the Railroad Real Estate Property Acquisition Agreement with the Chicago, Central and Pacific Railroad Company for the purpose of completing public improvements for the Bell Street Extension (Shot Tower Drive). RESOLUTION Approving an addendum to the Railroad Real Estate Property Acquisition Agreement between the City of Dubuque (City) and the Chicago, Central and Pacific Railroad Company for the purpose of acquiring property to complete public roadway improvements Suggested Disposition: Receive and File; Adopt Resolution 13 ~ ~ u ~ Shot Tower - MVM Merro Shot Tower - Staff Merro Shot Tower - Resolution Contract Addendum 7. Federallnitiatives/Council Priorities City Manager recommending approval of the "City of Dubuque Priorities and Requests for Federal Appropriations." Suggested Disposition: Receive and File; Approve u ~ Iiiftl ~ Priorities M MVM Merro Council Priorities Priorities - Staff Merro 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. CLOSED SESSION Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)U) 2005 Code of Iowa Jeanne F. Schneider December 15, 2005 14