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3 19 07 Agenda with Icons ROLL CALL ORDER FOR MEETING OF 3/19/07 MICHALSKI BRAIG BUOL CLINE CONNORS JONES LYNCH CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM MONDAY, MARCH 19, 2007 PLEDGE OF ALLEGIANCE INVOCATION Victor L. St. George, Pastor of St. Matthew Lutheran Church 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 City Conference Board of 2/12; City Council of 2/27, 3/1, 3/5, 3/7 and 3/8; Civil Service Commission of 3/1; Electrical Code Board of 3/8; Environmental Stewardship Advisory Commission of 2/6 and 3/6; Governing Board of 3/8; Housing Commission of 2/27; Human Rights Commission of 1/8; Library Board of 1/25; Mechanical Board of 3/2; Park and Recreation Commission of 2/20; Zoning Advisory Commission of 3/7; Zoning Board of Adjustment of 2/22 Proofs of publication of City Council Proceedings of 2/15 and 2/20 and List of Claims and Summary of Revenues for Month ending January 31, 2007 Library Board of Trustees Update from Meeting of February 22, 2007 Suggested Disposition: Receive and File Conference BdCity Council of 2/27City Council of 3/1City Council of 3/5City Council of 3/7City Council of 3/8 Civil ServiceElectrical BdESAC of 2/6ESAC of 3/6Governing BdHousing Human RightsLibrary BdMechanical BdPark and RecZoning Adv CommZoning Bd of Adj Library Update 2. Notice of Claims/Suits Amber Thompson, Randy Fortier, and Sheila Finney for vehicle damage; Melanie C. Flesch for vehicle damage Suggested Disposition: Receive and File; Refer to City Attorney City Attorney recommending settlement of the claim of Randy Fortier and Sheila Finney for vehicle damage. Suggested Disposition: Receive and File; Concur; Finance Department to Issue Payment Claim - Settled 3. Acceptance of Public Improvements City Manager recommending acceptance of the public improvements recently completed by Kivlahan Farms, LC in Arbor Estates – Phase 1 and Phase 2. RESOLUTION Accepting improvements in Arbor Estates – Phase 1 and 2 Suggested Disposition: Receive and File; Adopt Resolution Arbor Estates - MVM Arbor Estates - Staff Arbor Estates - Arbor Estates - MemoMemoResolutionVicinity Map 2 4. Federal Building Renovation Project – Purchase of Two Air-Handling Units City Manager recommending approval of the purchase of two air-handling units for the Federal Building from the low bidder, Howe Sales Company, in the amount of $75,327.00. RESOLUTION Approving the purchase of two air-handling units for the Federal Building Renovation Project Suggested Disposition: Receive and File; Adopt Resolution Fed Bldg - MVM Fed Bldg - Staff Fed Bldg - Resolution MemoMemo 5. Historic Old Main Street Lighting and Sidewalk Replacement Project City Manager recommending award of the contract for the Historic Old Main Street Lighting and Sidewalk Replacement Project. RESOLUTION Awarding contract RESOLUTION Approving construction contract Suggested Disposition: Receive and File; Adopt Resolutions NOTE: The material for this agenda item will be delivered on Friday, March 16, 2007. 6. Asbury Plaza Sanitary Sewer Force Main and Lift Station Project City Manager recommending approval of the use of G.O. Bonds instead of State Revolving Funds for the Asbury Plaza Sanitary Sewer Force Main and Lift Station Project. Suggested Disposition: Receive and File; Approve Lift Station - MVM Lift Station - Staff MemoMemo 7. Legislative Correspondence Communication to area legislators urging opposition to House Study Bill 192 regarding changes to Iowa’s workers’ compensation law. Communication to area legislators urging support of Transportation Investment Moves the Economy in the 21 Century (TIME 21) to increase transportation funding. Suggested Disposition: Receive and File 3 Workers TIME 21 Compensation Law 8. Fiscal Year 2007 Vehicle Replacement Purchases City Manager recommending approval of the purchase of ten police replacement vehicles: eight marked squad cars, one marked sports utility vehicle, and an unmarked car for the Criminal Investigative Division for a total purchase price of $218,586. RESOLUTION Approving the purchase of ten replacement Police vehicles Suggested Disposition: Receive and File; Adopt Resolution Purchase - MVM Purchase - Staff Purchase - MemoMemoResolution 9. Engineering Study – Trail along Catfish Creek City Manager recommending approval of the use of $70,800 of funds currently budgeted for development of Westbrook Park to conduct an engineering study for a trail along Catfish Creek. Suggested Disposition: Receive and File; Approve Study - MVM MemoStudy - Staff Memo 10. Comprehensive Plan City Manager submitting background information regarding the City’s Comprehensive Plan. Suggested Disposition: Receive and File Comp Plan - MVM Comp Plan - Staff MemoMemo 11. U.S. Department of Housing and Urban Development Communication from the U.S. Department of Housing and Urban Development advising Green that the City of Dubuque has received a designation for the lead hazard control program. Communication from the U.S. Department of Housing and Urban Development advising that the Fiscal Year 2007 Community Development Block Grant Program budget has been enacted and signed by the President. 4 Suggested Disposition: Receive and File HUD Ltr #1HUD Ltr #2 12. Sewer Pipeline Inspection Hardware and Software City Manager recommending approval of the purchase of Peninsular Technologies sewer pipeline inspection hardware and software at a price of $17,250. Suggested Disposition: Receive and File; Approve Software - MVM Software - Staff Software - Staff Peninsular Quote MemoMemoRecommendation 13. Hwy 151 & 61 Development, LLC City Manager recommending approval of a second amendment to the Development Agreement with Hwy. 151 & 61 Development, LLC extending the deadline for the parties to reach an agreement on the alternate location for the Bee Branch sewer. Suggested Disposition: Receive and File; Approve Hwy 151 - MVM Hwy 151 - BAL MemoHwy 151 - Kane LtrHwy 151 - MemoAmendment #2 14. Dubuque County Conservation Society Communication from David W. Leifker, Dubuque County Conservation Society, to the Dubuque County Board of Supervisors regarding junk yards located on Highway 52 north of Dubuque. Suggested Disposition: Receive and File Leifker Ltr 5 15. Civil Service Commission Civil Service Commission submitting the certified list for the position of Sanitation Driver. Suggested Disposition: Receive and File; Make a Matter of Record Sanitation Driver Ltr 16. City of Asbury Voluntary Annexation Applications Communication from the City of Asbury providing notification that the City of Asbury has received voluntary annexation applications from Karen Cogan, Stanley and Lou Ann Kay Ward, Donald and Luella Cogan, and Wayne G. Siebert and that the City Council will hold a public hearing on the annexation requests on Tuesday, March 26, 2007 at 7:00 p.m. at the Asbury Fire Station, 5485 Saratoga Road. Communication from the City of Asbury providing notification that the City of Asbury has received voluntary annexation applications from Berdina Burdt, Marilyn Mae Koehler, Alma Brehm, Richard and Elizabeth Robertson, Theodore Buechele, and Theodore and Karen Buechele and that the City Council will hold a public hearing on the annexation requests on Tuesday, March 26, 2007 at 7:00 p.m. at the Asbury Fire Station, 5485 Saratoga Road. Suggested Disposition: Receive and File Asbury Ltr #1Asbury Ltr #2 17. Edward Green Property Agreement City Manager recommending approval of an agreement with Edward A. Green documenting a previous agreement between the City and Edward A. Green dated July 7, 1998. RESOLUTION Approving an agreement with Edward A. Green documenting a previous agreement between the City and Edward A. Green dated July 7, 1998 Suggested Disposition: Receive and File; Adopt Resolution Property Agr - MVM Property Agr - Staff Property Agr - 1998 Agreement MemoMemoResolution 6 18. Red Cross Emergency Shelter Agreement City Manager recommending approval of the Emergency Shelter Agreements with the American Red Cross. Suggested Disposition: Receive and File; Approve Red Cross - MVM Red Cross - Staff Red Cross - Agr to Red Cross - Facility Release of FacilityRed Cross - Facilities MemoMemoPermit UseSurveyAgr 19. Tobacco Compliance – Civil Penalties for Tobacco Permit Holders City Manager recommending acceptance and approval of Acknowledgement/Settlement th Agreements of Big Ten Mart, 9 Street & Central Avenue; HyVee #2, 2395 Northwest Arterial; Hammerhead Bar & Billiards, 2095 Kerper Boulevard; Oky Doky, 535 Hill Street; Eagle Country Market, 1800 Elm Street; and Midway Hotel/Hoffman House, 3100 Dodge for their first tobacco compliance violation. Suggested Disposition: Receive and File; Approve Tobacco - MVM Tobacco - Staff Compliance MemoMemoAcceptances 20. Northwest Arterial Hike / Bike Trail – Phase I City Manager recommending acceptance of the Northwest Arterial Hike / Bike Trail as completed by Drew Cook and Sons Excavating in the final contract amount of $344,368.49. RESOLUTION Accepting the Northwest Arterial Hike / Bike Trail – Phase I and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution Trail - MVM MemoTrail - Staff MemoTrail - ResolutionTrail - Final Payment Form 21. John F. Kennedy Road Sidewalks Communications from Robert Park regarding the issue of installation of sidewalks on John F. Kennedy Road. Suggested Disposition: Receive and File 7 Park Ltrs 22. Dubuque Golf and Country Club Communication from the Dubuque Golf and Country Club requesting permission to display fireworks on Wednesday, July 4, 2007, with a rain date of Thursday, July 5, 2007. Suggested Disposition: Receive and File; Approve DG&CC Ltr 23. Improvement Contracts / Performance, Payment and Maintenance Bonds -- Heron Pond Tree Removal Project -- Reeder and Lois Street Sanitary Sewer Project Suggested Disposition: Receive and File Heron Pond BondsLois & Reeder Bonds 24. Business Licenses City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION Granting the issuance of a Class “B” Beer Permit to Panchero’s Mexican Grill and Class “C” Beer Permit to Tobacco World RESOLUTION Granting the issuance of a Class “C” Beer/Liquor License to PJ’s Tap, Ground Round and Salsa’s Mexican Restaurant Suggested Disposition: Adopt Resolutions Licenses - MVM Licenses - Staff Resolution #1Resolution #2Police Reports MemoMemo 8 ITEMS TO BE SET FOR PUBLIC HEARING 1. Request to Purchase – Portion of Lenox Addition City Manager recommending that a public hearing be set for April 2, 2007 to consider a request from Richard Plowman to purchase a portion of Lots 314 and 315 Lenox Addition. RESOLUTION of Intent to dispose of City interest in Lot 1 of Lenox Addition No. 3 in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 4/2/07 Lenox - MVM MemoLenox - Staff MemoLenox - ResolutionLenox - Vicinity MapLenox - Plat of Lenox - Request Ltr Survey 2. 2030 Future Land Use Map City Manager recommending that a public hearing be set for April 2, 2007 to consider adoption of the 2030 Future Land Use Map. Suggested Disposition: Receive and File; Public Hearing 4/2/07 Land Use Map - MVM Land Use Map - Staff 2030 Land Use Map MemoMemo 3. Voluntary Annexation Request – Tri-State Development LLC City Manager recommending that a public hearing be set for May 7, 2007 regarding a request from Tri-State Development LLC for voluntary annexation of 1.19 acres of property at 12653 Seippel Road to the City of Dubuque, in conjunction with rezoning the property to CS Commercial Service and Wholesale District. Suggested Disposition: Receive and File; Approve; Public Hearing 4/2/07 Annexation - MVM Annexation - Staff Tri-State - Annexation - Staff Annexation - Staff Annexation - Final MemoMemoApplicationReportReportPlat 4. City Hall Parking Lot Construction Project City Manager recommending initiation of the public bidding process for the City Hall Parking Lot Construction Project and that a public hearing on the plans and specifications, form of contract, estimated cost and Resolution of Necessity be set for April 2, 2007. RESOLUTION Preliminary approval of plans and specifications, form of contract, and estimated cost for the City Hall Parking Lot Construction Project 9 RESOLUTION Setting date of hearing on plans and specifications, form of contract, and estimated cost for the City Hall Parking Lot Construction Project RESOLUTION of Necessity RESOLUTION Fixing date of public hearing on the Resolution of Necessity RESOLUTION Adopting the preliminary schedule of assessments RESOLUTION Ordering the advertisement for bids for the City Hall Parking Lot Construction Project Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 4/2/07 NOTE: The material for this agenda item will be delivered on Friday, March 16, 2007. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Mechanical Code Board -- Two expired three-year terms through March 16, 2009 (Terms of Geisler and Willenborg) -- Three expired three-year terms through March 26, 2010 (Terms of Bandy, Kelly and Papin) Applicants: Chuck Bandy, Michael Kelly, Paul Papin, Harlan Willengborg Appointments to the following Boards/Commissions: Zoning Board of Adjustment -- One unexpired 5-year term through March 25, 2012 (Term of Gibbs) Applicant: William Gibbs TV Cable Regulatory Commission -- One expired three-year term through June 30, 2009 – term of Ellis) Applicant: Charles Ellis Bd and Comm ListOverview SheetMechanical Bd AppsZoning Bd of Adj Cable Application Application 10 PUBLIC HEARINGS SUSPEND THE RULES 1. Greg Adams/Stewart Construction, Inc. – Reconsideration (Recessed on March 5, 2007) Proof of publication on notice of hearing to reconsider the reclassifying of property located at the southwest corner of Seippel Road and Old Highway Road (Lot 1 of 2 Mason Cate Estates) from LI Light Industrial District to HI Heavy Industrial District, as requested by Wayne Briggs/Stewart Construction, Inc., and Zoning Advisory Commission recommending approval, with conditions. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying property located at the southwest corner of Seippel Road and Old Highway Road (Lot 1 of 2 Mason Cate Estates) from LI Light Industrial District to HI Heavy Industrial District, with conditions Suggested Disposition: Receive and File; Motion B; Motion A Request for Guide to Viewing Site Reconsideration Material from January 16, 2007 City Council Meeting Adams/Stewart - Adams/Stewart - Adams/Stewart - Adams/Stewart - Adams/Stewart - Adams/Stewart - ZAC LtrApplicationPhotosStaff MemoVicinity MapStaff Report Adams/Stewart - Memorandum of Addl Photos/LI RegulationsAdams/Stewart - Suggested Motion OrdinanceUnderstandingInformationSupport Ltrs 2. Tri-State Development, LLC Communication from Brian Lammers, Tri-State Development Company, requesting that this item be tabled. Proof of publication on notice of hearing to consider reclassifying property located at the end of Seippel Court from CS Commercial Service and Wholesale District to LI Light Industrial District as requested by Tri State Development, LLC, and Zoning Advisory Commission recommending denial. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter property located at the end of Seippel Court from CS Commercial Service and Wholesale District to LI Light Industrial District 11 Suggested Disposition: Table; Receive and File; Concur with Denial; or Motion B; Motion A (Super Majority Vote) Tri-State - Request Tri-State - ZAC LtrTri-State - Tri-State - Vicinity Tri-State - PlatTri-State - Staff to TableApplicationMapReport Tri-State - OrdinanceDistrict RegulationsSuggested Motion 3. 2551 Rockdale Road – Request to Rezone Proof of publication on notice of hearing to consider reclassifying property located at 2551 Rockdale Road from R-1 Single-Family Residential District to C-3 General Commercial District as requested by Betty Sweeney and Zoning Advisory Commission recommending denial. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter property located at 2551 Rockdale Road from R-1 Single-Family Residential District to C-3 General Commercial District Suggested Disposition: Receive and File; Concur with Denial; or Motion B; Motion A (Super Majority Vote) Rockdale - ZAC LtrRockdale - Rockdale - Vicinity Rockdale - Staff Rockdale - OrdinanceC-3 Regulations Application/LtrsMapReport Rockdale - Suggested Motion Opposition Ltr 4. University of Dubuque ID Institutional District Proof of publication on notice of public hearing to consider amending the University of Dubuque ID Institutional District to allow for construction of the new Chlapaty Recreation and Wellness Center and Zoning Advisory Commission recommending approval. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by providing for the approval of an amended conceptual development plan to allow construction of Chlapaty Recreation and Wellness Center Building for the University of Dubuque ID Institutional District Suggested Disposition: Receive and File; Motion B; Motion A 12 UD - ZAC LtrUD - ApplicationUD - Vicinity MapUD - ExhibitsChlapaty Ctr UD - Staff Report Renderings UD - OrdinanceUD - Ltr of ConcernSuggested Motion 5. Eagle Point Park Fee Collector’s Building Project Proof of publication on notice of public hearing to consider adoption of the plans and specifications, form of contract and estimated cost for the Eagle Point Park Fee Collector’s Building Project and City Manager recommending award of the contract to Klauer Construction Company in the amount of $229,804. RESOLUTION Adopting plans and specifications, form of contract and estimated cost RESOLUTION Awarding contract RESOLUTION Approving construction contract with Klauer Construction Company for the Eagle Point Park Fee Collector’s Building Project Suggested Disposition: Receive and File; Adopt Resolutions Building - MVM MemoBuilding - Staff MemoBuilding - ResolutionsBuilding - Rendering Material from February 5, 2007 City Council Meeting Building - MVM MemoBuilding - Staff MemoBuilding - Resolutions 6. Federal Building Rehabilitation Project Proof of publication on notice of public hearing to consider adoption of the plans and specifications, form of contract and estimated cost for the Federal Building Rehabilitation Project and City Manager recommending award of the contract. RESOLUTION Approval of plans and specifications, form of contract, and estimated cost for the Federal Building Renovation Project RESOLUTION Awarding contract for the Federal Building Renovation Project RESOLUTION Approving construction contract for the Federal Building Renovation Project Suggested Disposition: Receive and File; Adopt Resolutions 13 Federal Bldg - MVM Fed Bldg - Staff Federal Bldg - MemoMemoResolutions Material from February 20, 2007 City Council Meeting Federal Bldg - MVM Federal Bldg - Staff Federal Bldg - Federal Bldg - Notice MemoMemoResolutionsto Bidders REINSTATE THE RULES ACTION ITEMS 1. Residential Parking Permit District (First Reading on March 5, 2007) Communication from John L. Burgart, Superintendent of Schools, to Hempstead neighbors regarding concerns related to parking on residential streets near the school. Communication from Kim Ruhter regarding the Hempstead parking issue. ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa, by adopting a new Section 32-401 providing for the designation of Phyllrich Drive between Keystone Drive and Keymont Drive as a Residential Parking Permit District Suggested Disposition: Receive and File; Motion B; Motion A RPPD - Burgart LtrRPPD - Ruhter LtrRPPD - MVM MemoRPPD - Staff MemoRPPD - OrdinanceSuggested Motion Material from February 20, 2007 City Council Meeting RPPD - MVM MemoPhyllrich - Staff Phyllrich - ResolutionPhyllrich - Vicinity Phyllrich - Petition MemoMap 2. Site Plan – Lake Ridge Drive Zoning Advisory Commission recommending approval of the site plan for a dental office on Lake Ridge Drive and eliminating the access to Starlight Drive. Suggested Disposition: Receive and File; Approve Site Plan - ZAC LtrSite Plan - Staff Site Plan DrawingsOrdinance 63-97 Memo 14 3. Sexual Offender Residency Requirements City Manager recommending approval of a resolution in support of repealing Iowa Code §692A.2A relating to the 2000-foot sexual offender residency restriction and replacing it with child safe zone legislation. RESOLUTION Urging the repeal of Iowa Code §692A.2A and replacing it with Child Safe Zone Iowa Legislation Suggested Disposition: Receive and File; Adopt Resolution Residency - MVM Residency - Staff Child Safe Zone MemoMemoResolution 4. Bowling and Beyond Lease Extensions City Attorney providing information regarding the notice from Bowling and Beyond Dubuque, Inc., to exercise the options to extend their lease for an additional fifty years. Suggested Disposition: Receive and File Lease - BAL Memo 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 March 15, 2007 15