3 19 07 Agenda - No Icons
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
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
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
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
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
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
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
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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
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
10. Comprehensive Plan
City Manager submitting background information regarding the City’s Comprehensive
Plan.
Suggested Disposition: Receive and File
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.
Suggested Disposition: Receive and File
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
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
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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
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
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
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
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
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19. Tobacco Compliance – Civil Penalties for Tobacco Permit Holders
City Manager recommending acceptance and approval of Acknowledgement/Settlement
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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
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
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
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
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
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
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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
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
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
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
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
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
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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
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
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.
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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
Suggested Disposition: Table; Receive and File; Concur with Denial; or Motion B;
Motion A (Super Majority Vote)
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)
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
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
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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
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
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
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
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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
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
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