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Minutes City Council 12 19 05 CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, December 19, 2005 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Braig, Cline, Connors, Markham Michalski, Nicholson, City Manager Van Milligen, Corporation Counsel Lindahl. Mayor Duggan read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters, which may properly come before the Council. Invocation was given by James Collins, President of Loras College. Presentations of plaques were made to outgoing Council Members Dan Nicholson Markham by Mayor Duggan and to Mayor Duggan by Mayor Pro-Tem Connors. commended for their many years of dedicated community service. and John All were Proclamation: "Homeless Persons' Memorial Day" received by Jessica Howell CONSENT ITEMS 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, upon motion received and filed. 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, upon motion received and filed. Printed City Council Proceedings for month of August, 2005, upon motion received and filed and approved as printed. 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, upon motion received and filed and referred to Legal for investigation. 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, upon motion received and filed and concurred. Corporation Counsel recommending denial of the claim of Rebekkah Michel for property damage, upon motion received and filed and concurred. 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, upon motion received and filed. Cline moved adoption of Resolution No. 529-05 Accepting improvement and Resolution No. 530-05 Approving final estimate. Seconded by Connors. Motion carried 7-0. 1 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, upon motion received and filed. Cline moved adoption of Resolution No. 531-05 Accepting improvement and Resolution No. 532-05 Approving final estimate. Seconded by Connors. Motion carried 7-0. 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, upon motion received and filed. Cline moved adoption of Resolution No. 533-05 Accepting improvement and Resolution No. 534-05 Approving final estimate; and Resolution No. 535- 05 Approving final schedule of assessments. Seconded by Connors. Motion carried 7-0. 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, upon motion received and filed. Cline moved adoption of Resolution No. 536-05 Accepting improvement and Resolution No. 537-05 Approving final estimate. Seconded by Connors. Motion carried 7-0. 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, upon motion received and filed. Cline moved adoption of Resolution No. 538-05 Accepting improvement and Resolution No. 539-05 Approving final estimate. Seconded by Connors. Motion carried 7-0. 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, upon motion received and filed. Cline moved adoption of Resolution No. 540-05 Accepting improvement and Resolution No. 541-05 Approving final estimate. Seconded by Connors. Motion carried 7-0. 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, upon motion received and filed. Cline moved adoption of Resolution No. 542-05 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. Seconded by Connors. Motion carried 7-0. 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, upon motion received and filed. Cline moved adoption of Resolution No. 543-05 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. Seconded by Connors. Motion carried 7-0. 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, upon motion received and filed. Cline moved adoption of Resolution No. 544-05 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. Seconded by Connors. Motion carried 7-0. 2 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, upon motion received and filed and approved recommendation. Citizen Communication: Communication from Sarah Davidson in appreciation of the City Council's support of the Step by Step housing project on Bluff Street, upon motion received and filed. Tax Increment Financing Report: City Manager submitting the 2005 Annual Tax Increment Financing Report, upon motion received and filed. 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 and a 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, presented and read. Attorney Allan Carew, on behalf John and Pamela Gartner, spoke objecting to the condemnation of property in the County. John Gartner spoke objecting to this proposed action. Cline moved to receive and file the communication and adopt the Resolution. Seconded by Nicholson. Motion failed due to the following vote: Yeas: Cline, Nicholson. Nays-Braig, Connors, Duggan, Markham, Michalski. Michalski moved to receive and file the communication and Resolution and refer to the City Manager. Seconded by Connors. Motion carried 7-0. 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, upon motion received and filed. Cline moved adoption of Resolution No. 545-05 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. Seconded by Connors. Motion carried 7-0. 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, upon motion received and filed. 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, upon motion received and filed. Business Licenses: Cline moved adoption of Resolution No. 546-05 Granting the issuance of a Class "C" Beer Permit to Big 10 Mart, Kwik Stop Food Mart (4039 Pennsylvania) and Kwik Stop Food Mart (2320 Hwy 61) and Resolution No. 547-05 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, and the Ten Pin Tap. Seconded by Connors. Motion carried 7-0. 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 3 Vote on the appointments was as follows: Braig voted for Allen, Foster and Vanden Heuvel; Cline voted for Allen, Gassman and Vanden Heuvel; Connors voted for Allen, Gassman and Vanden Heuvel; Duggan voted for Allen, Foster and Vanden Heuvel; Markham voted for Allen, Foster and Vanden Heuvel; Michalski voted for Allen, Gassman and Vanden Heuvel; Nicholson voted for Allen, Gassman and Vanden Heuvel. Therefore, Anthony Allen and Mary Gassman were appointed and Vincent Vanden Heuvel was reappointed to three year terms on the Human Rights Commission which will expire January 1, 2009. ITEM TO BE SET FOR PUBLIC HEARING 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, upon motion received and filed. Markham moved adoption of Resolution No. 548-05 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, with public hearing set for 2/6/06 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Connors. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the Council. 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, upon motion received and filed. Ordinance No. 68-05 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, presented and read. Michalski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Nicholson. Motion carried 7-0. Michalski moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Alter Scrap Processing - Request to Rezone: Communication from Dawne O'Meara, General Manager of Alter Scrap 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; and an 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, upon motion received and filed and item withdrawn. 4 Mayor Duggan turned control of the Meeting to the Mayor Pro-Tem due to possible conflict of interest. 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 and an 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, presented and read. Attorney Steve Juergens, representing River Pointe Development, spoke of the history of the project and stressed the experience of the developer, A.J. Spiegel, and the modifications made to the original plan. He stated the first building would be on the same footprint as the Villa had been and that stabilization studies would be completed prior to construction. A.J. Spiegel, 8650 Enterprise Dr., Peosta, Iowa, spoke of this being a long-term project that would bring income to the City and no financial incentives/assistance would be requested. Jon Harvey of Stott & Associates, gave the timeline of the development. Tony Zelinskas ofWHKS, reviewed the traffic study impact. Discussion ensued about the zoning, the outline of the buildings, the adequacy of the water and sewer, stormwater management and fire protection, the millions of dollars of taxes into the City each year, and the continuation of the positive development of the City. Nick Lucy, 783 Fenelon Place, spoke commending Mr. Spiegel on his vision but objected to the increase in traffic and requested the high rises be put in the Port of Dubuque rather than on the bluff. SA Sutton, 1875 Custer, spoke objecting to the proposed rezoning, stating Mr. Spiegel knew of the zoning restrictions when he purchased the property, which includes graves. She stated that Dubuque's integrity needed to be fought for. Sr. Margaret Ann, 3390 Windsor, spoke requesting a compromise be considered, with possibly 3-6 stories of condo units on the west side and park area on the east side. Gene Manternach, Cascade, lA, spoke positively of all that has been done by this Council and stated this is visionary and would be a focal point for the City. Dr. Darryl Mozena, 900 W. Third, spoke stating the traffic study did not take into account the accidents at Third and Hill Streets and other flaws in the study. Father Koons of St. John the Baptist Parish in Peosta, IA spoke commending Mr. Spiegel as a community minded straight shooter who has done great things in Peosta. Matthew Wolf, 1409 Loras, spoke questioning specifics of the cost and view of the units. Ron Snyder, 1830 Scenic View, stressed that this would be a jewel for Dubuque. Dr. Charles Winterwood, 1555 Montrose Terrace, of the Long Range Planning Advisory Commission, spoke stating the Commission advised this development is too large and not consistent with the comprehensive plan. Dan Hammel, 2201 Decorah, spoke in support of the project stating the traffic problems can be worked out. Jeff Nagle, 255 Kelly's Bluff, spoke in opposition to the scale and density of the proposed project, stressing that the nearby area can't handle the heavy construction for years. Robert Murphy, Attorney for Nagle Publications, spoke Objecting to various issues including traffic, environment, and aesthetics. Dave Baker, 3055 Cottonwood Lane, spoke of the positive effect this would have on the labor force. John Bosford, 288 Kelly's Bluff, spoke Objecting because of it being a burial place, effects of blasting and the possible height effects with electrical transmission and sunlight. Ellen Henkels, 890 W. Third Street, spoke objecting to the height and density of the project. Terry Mozena, 900 W. Third St., spoke Objecting to this single project dominating the bluff. Patricia Callahan, 180 Cardiff, spoke objecting because of blasting, drilling, and traffic effects. 5 Jeff Kass, 1555 Kane St., stated there are lots of bad intersections in town but this project looks good. Tom Weidemann, 162 Cardiff, spoke to traffic concerns but felt they could be addressed, however, his major concern was with the proposed one-side parking limitation. John M. Ward, spoke opposing the size and questioned transportation for the elderly. Attorney Dave Hammer, 720 Laurel, spoke objecting to the skyscraper sizes of the condos. Jean Collins, 243 Cardiff, spoke objecting to the project because of its size. Brian Martins spoke in support of the project. Gene Tully, 448 Summit, spoke requesting that the project have a realistic scale. Rick Dickinson, GDDC, 816 River Street, Sabula, IA spoke positively of the proposed project. Dave Heim, 2480 Knob Hill, spoke requesting the City look at the pros and stated that the concerns can be addressed. Ron Thielen, 946 St. Catherine, Bellevue, spoke in agreement with Dave Baker, stating that the problems can be worked out. Dan Splinter, 10038 Rio Vista Dr., spoke favorably of the project. Steve Messelman, 1000 Clarke Drive, spoke requesting that this property be considered for a park. Bonnie Weidemann, 162 Cardiff, objected because of the density and traffic. Francine Banworth, 985 S. Grandview, spoke objecting because of the excavation necessary for the garages and that the City should protect our bluffs. Jeff Hirsch, Craig Breitbach, Ron Vaughn, Bruce Bessler, Rick Ackley, spoke in favor of the project. Frank Belcastro, spoke objecting to the increased traffic. Dick Vorwald spoke stating he would agree to a downsized project. After Council discussion, Markham moved to receive and file the documents and consider this the first reading of the Ordinance and to recess the public hearing to consider only the new information presented in response to specific concerns raised by citizens and Council. Seconded by Cline. Motion carried 6-0. Mayor Duggan returned and took control of the meeting. 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, upon motion received and filed. Michalski moved adoption of Resolution No. 549-05 Adopting plans and specifications; Resolution No. 550-05 Awarding contract and Resolution No. 551-05 Approving construction contract for the former United Rental Building Demolition and Site Clearance Project. Seconded by Cline. Motion carried with Cline briefly out of the room. 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, upon motion received and filed. Michalski moved adoption of Resolution No. 552-05 Adopting plans and specifications and Resolution No. 553-05 Awarding contract. Seconded by Nicholson. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the Council. ACTION ITEMS Mayor Duggan turned control of the meeting over to the Mayor Pro-Tem due to possible conflict of interest. 6 Arc Design Resources, Inc. / QHQ Properties (Second Reading December 5, 2005): City Manager submitting a revised ordinance for the Arc Design Resources, Inc. / QHQ Properties rezoning for the proposed development of a Sam's Club; Communication from Chuck Nauman regarding the Arc Design Resources, Inc. / QHQ Properties rezoning request, upon motion received and filed. Ordinance No. 69-05 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, with said Ordinance having been given the first reading on 11/21/05 and the second reading on 12/5/05, now presented for final action. Michalski moved final consideration and passage of the Ordinance. Seconded by Markham. Motion carried 6- O. Mayor Duggan returned and took control of the meeting. 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, upon motion received and filed. Dave Stuart, 1470 Locust, spoke positively of the saving of the Dubuque Brewery and Malting Company Building. Jerry Enzler, Dubuque County Historical Society, spoke of the building being placed on the National Register of Historic Places in 1977 and then de-listed at the request of the owner. Mr. Enzler offered his time to write the grants necessary for funding improvements. John Gronen spoke clarifying the ownership of the two parts of the building and asked that the requested that the Conservation District be kept in place. 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., upon motion received and filed and approved recommendation. 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, upon motion received and filed. Ordinance No. 70-05 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 and Ordinance No. 71-05 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, presented and read. Connors moved that the requirement that the proposed Ordinances be considered and voted on for passage at two Council Meetings prior to the meeting at which they are to be finally passed be suspended. Seconded by Nicholson. Motion carried 7-0. Connors moved final consideration and passage of the Ordinances. Seconded by Nicholson. Motion carried 7-0. 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, upon motion received and filed. Ordinance No. 72-05 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, presented and read. Cline moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by 7 Connors. Motion carried 7-0. Cline moved final consideration and passage of the Ordinance. Seconded by Markham. Motion carried 7-0. 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), upon motion received and filed. Cline moved adoption of Resolution No. 554-05 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. Seconded by Nicholson. Motion carried 7-0. Federal Initiatives/Council Priorities: City Manager recommending approval of the "City of Dubuque Priorities and Requests for Federal Appropriations," upon motion received and filed and approved recommendations. COUNCIL MEMBER REPORTS Council stated that Dubuque's booth at the National League of Cities was very well received. PUBLIC INPUT Bud Isenhart spoke thanking Mayor Duggan and Council Members Markham and Nicholson for their service and requested the new Council bring in good paying jobs to Iowa. John M. Ward, 1856 Leiser Lane, spoke requesting help for the Gannon Center. At 10:19 p.m. upon motion it was resolved to go into Closed Session re: Pending Litigation and Property Acquisition - Chapter 21.5(1 )(c)(j) 2005 Code of Iowa. At 10.42 p.m. Council reconvened Regular Session stating that Staff had been given proper direction. There being no further business, upon motion meeting adjourned at 10:43 p.m. 1t 12/28 A. ~'/J /4P44'-cd'~~~ ./ Jeanne F. Schneider, CMC City Clerk 8