12 19 05 Agenda
CITY OF DUBUQUE, IOWA
PUBLIC NOTICE OF SPECIAL MEETING
Government Body: City Council
Date: Monday, December 19, 2005
Time: 6:30 P.M.
Place of Meeting: Library Auditorium, 360 W. 11th Street
NOTICE IS HEREBY GIVEN that the above identified governmental body will meet at
the time, date and place as set forth above.
The TENTATIVE AGENDA for the meeting is as follows:
See Attached Agenda
This notice is given pursuant to Chapter 21, Code of Iowa, 2005, and
applicable local regulations of the City of Dubuque, Iowa and/or governmental body
holding the meeting.
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U',~.c;zL/'-/ a
eanne F. Schneider, CMC, City Clerk
ANY VISUAL OR HEARING IMPAIRED PERSONS NEEDING SPECIAL ASSISTANCE
OR PERSONS WITH SPECIAL ACCESSIBILITY NEEDS SHOULD CONTACT THE CITY
CLERK'S OFFICE AT (563) 589-4120 OR TDD (563) 690 6678 AT LEAST 48 HOURS
PRIOR TO THE MEETING
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
N~HOLSONANDCOUN~LMEMBERJOHNMARKHAM
PROCLAMATION
Homeless Persons' Memorial Week
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
12/7; 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
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 SeNices 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
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
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
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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
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 $1,510,921.31
RESOLUTION Accepting improvement
RESOLUTION Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
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
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
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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
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
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
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
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
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14. Tax Increment Financing Report
City Manager submitting the 2005 Annual Tax Increment Financing Report.
Suggested Disposition: Receive and File
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
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
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
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
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
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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
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
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
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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)
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
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)
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
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Suggested Disposition: Receive and File; Adopt Resolutions
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
ACTION ITEMS
1. Arc Design Resources, Inc. / QHQ Properties (Second Reading December 5, 2005)
City Manager submitting a revised ordinance for the Arc Design Resources, Inc. / aHa
Properties rezoning for the proposed development of a Sam's Club.
Communication from Chuck Nauman regarding the Arc Design Resources, Inc. / aHa
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
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
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
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5. 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
6. 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
7. 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
8. Federallnitiatives/Council Priorities
City Manager recommending approval of the "City of Dubuque Priorities and Requests
for Federal Appropriations."
Suggested Disposition: Receive and File; Approve
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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)Q) 2005 Code of Iowa
Jeanne F. Schneider
December 15, 2005
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