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Swiss Valley Farms Sidewalk Waiver RequestTHE CITY QF DUB ~ E Masterpiece on the Mississippi MEMORANDUM July 11, 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Swiss Valley Milk Bottling Plant (3510 Central Avenue) Sidewalk Waiver City Engineer Gus Psihoyos is recommending approval of a request from Swiss Valley Milk Bottling Plant at 3510 Central Avenue for a waiver for the construction of sidewalks along its Jackson Street frontage. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer ~rHS ciTY or- DUB E Masterpiece on t7~e Mississippi MEMORANDUM July 2, 2007 TO: Michael C. Van Milligen, City Mana FROM: Gus Psihoyos, City Engineer SUBJECT: Swiss Valley Milk Bottling Plant (3510 Central Avenue) Sidewalk Waiver BACKGROUND Swiss Valley Milk Bottling Plant at 3510 Central Avenue has requested a waiver for the construction of sidewalks along its Jackson Street frontage. DISCUSSION Swiss Valley has submitted a site plan for parking lot expansion and perimeter fencing. Apart of the improvements includes a new employee parking lot at the northeast corner of the parcel near Aquin Street. This lot would be outside of a perimeter fence around the entire property. Employees would enter the property through a secured gate and utilize an interior sidewalk parallel to Jackson Street to access the building. A revocable permit is being applied for to install portions of the perimeter fence in the public right-of-way. The fence along Jackson Street right-of-way would be between the sidewalk to the plant and the back of curb. Currently no other sidewalks exist on Jackson Street or Central Avenue from Ruby Street to Aquin Street. As part of the site plan approval process, it was noted that, in accordance with City Code Section 41-100, sidewalk must be installed on any redevelopment that requires a site plan where the property abuts a public street that has curb and gutter. Exception to this requirement can only be granted by the City Council. City Engineering has no record of complaints about the absence of sidewalks in this area of Jackson Street and Central Avenue. The area has been long established as an industrial area with minimal pedestrian traffic. The need for public sidewalk along Jackson Street abutting the Swiss Valley parcel does not appear to be necessary at this time. RECOMMENDATION City Engineering recommends that the requirement to install sidewalk along Jackson Street abutting the parcel currently owned by Swiss Valley Farms be waived until an increase in pedestrian traffic warrants construction. ACTION TO BE TAKEN The recommendation of the City Manager should be approved through the adoption of the enclosed resolution. RESOLUTION NO. 400-07 RESOLUTION WAIVING THE SIDEWALK REQUIREMENT FOR SWISS VALLEY FARMS AT 3510 CENTRAL AVENUE Whereas, sidewalks are required by City Code Section 41-100 on any public street that has curb and gutter; and Whereas, a waiver of the requirements of Section 41-100 can only be granted by the City Council; and Whereas, Swiss Valley Farms, 3510 Central Avenue, has requested a waiver for the construction of sidewalk along Jackson Street abutting its property in conjunction with site plan approval; and Whereas, Swiss Valley Farms will construct a sidewalk on its property to accommodate their employees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the requirement to construct sidewalk along Jackson Street at 3510 Central Avenue, be and the same is hereby waived until such time that the City Council determines a sidewalk to be necessary. Passed, approved and adopted this 16th day of July , 2007. + Roy D. Buol, Mayor Attest: _~~. Jeanne F. Schneider, CMC, City Clerk SWISS VALLEY FARMS NORTH \ ~ . i \ \ ~ \ ~ \ \ ~~, ~~ \ ~'` ~ \ \ Ad \ ~ \ ~ \~ \ \ ~ ~ \ ~~~ \ \ \ ~ ~``o \ ' / \ ~ \ $\ \ \ V ~$ ~ ~ ~ ~ \ ~ ~ \ \ \ ~ t SIDEWALK WAIVER ON JACKSON ST200 ~ Gw~PHIC SCAL o0 200 VICINITY MAP DRAWING MAY HAVE BEEN REDUCED 1 INCH = 200 FEET i ~ \ \ \~ \~ \ ~ \ J \ \ \ \ \ \ \ ~ \ ~ ~~ s \ \ \ \~ ~\ \ \ \ \ 1 ~ ~ \ E~"`Q~~ WAIVER AREA\ ~ ~ \ i \ ~ \ \ \ \ \~ \ \ n p~ ~ --~-- ~ ` \ 1 \ ~\ ~\ ~ ~ 1 \ ~ ~ ~ ' \ \ \ ~ ~ ~ 1 ~ ~ ~ / \ \ ~~\ \ \ /1 ~ Swiss t F/~RMSp g dr _ Yid er Awned with June 7, 2007 Mayor Buol and City Council Members, The City of Dubuque 50 West 13u' St. Dubuque, IA 52001 Dear Mayor and Dubuque City Council Members, We are in the process of completing our perimeter security around the Swiss Valley Milk Bottling plant located at 3510 Central Avenue. Phase one of this Project was completed in 2002. At this current point we find it necessary to complete the perimeter security due to increased pressure from our customers and regulatory audits to step up~ our protection and conformity to the Department of Homeland security and FDA's Bioterrorism Food Protection Act. During our site review meeting, as well as subsequent discussions, with the Planning Services Department, Greater Dubuque Development Corporation and Swiss Valley Farms the city code Section 41-100 came up for discussion. We are seeking an exclusion from City Ordinance code Section 41-100 which would require us to construct a sidewalk outside of the fence over 1051 feet in length along Jackson Street. We feel this sidewalk will have very limited use and be redundant. We will be installing a sidewalk on the inside of the existing and proposed extension of the fence that will allow our employee foot traffic safe and protected access to the entry doors of the facility. We desire to complete the perimeter security measures in order to comply with the increased scrutiny from our regulatory audits as they pertain to our current operations at the Swiss Valley Farms Dubuque Beverage Processing Plant in Dubuque and seek your exclusion requiring us to construct a sidewalk along Jackson Street. Resp ct lly, ~~ / ~~~' avid Zwart Director of Beverage Operations Cc: Rick Dickenson -Greater Dubuque Development Corp. Dan Mc Donald -Greater Dubuque Development Corp. Gordy Toyne -Swiss Valley Farms Co. Brian BossarP.E. - Bosaz Consulta~s LLC Wally Wernimont -Dubuque Planning Services ~Fton Turner -Dubuque Engineering Services