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3 19 07 Clerk's Skeleton NotesCITY COUNCIL REGULAR SESSION, MARCH 19, 2007 • COUNCIL MET IN REGI~LAR SESSION AT 6:30 P.M. IN THE LIBRARY AUDITORIUM PRE -ENT: M YOR OL, COUNCIL MEMBERS B~AIG, Cb,1+NE, COI~IGORS, JON~S, LYI~H, MICF;~ALS~ CITY MANAGER VAN ~IIILLIGEN; CITY ATTORNEY~LINDAHL ABSENT: PLEDGE OF ALLEGIANCE INVOCATION: Victor L. St. George, Pastor of St. Matthew Lutheran Church • • CONSENT ITEMS ~es Nays Michalski ~ Braig ~' Buol ,i r,)Cline `~' ~ Connors .Jones i'~ ynch ~ ~V/ 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 ff~ ~~ j ~~ .J`' ,~ ~~~ ,~ 1 d l 2 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 153 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 154 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 155 Awarding contract RESOLUTION 156 Approving construction contract Suggested Disposition: Receive and File; Adopt Resolutions Ayes Nays Michalski Braig Buol Cline Connors Jones Lynch • 3 • 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 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 517 Approving the purchase of ten replacement Police vehicles Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Michalski Braig Buol Cline Connors Jones Lynch • 4 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 that the City of Dubuque has received a Green 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 Ayes Nays Michalski Braig Buol Cline Connors Jones Lynch • 5 Pat - eyesore for northend - sent ltr to supervisors 13. Hwy 151 8~ 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. 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 Suggested Disposition: Receive and File; Approve 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. / ~ fit./ ~'~'' Suggested Disposition: Receive and File~~, ~ ` ~~• '' ~~ ~/~ ~ ~, ~_ r ~ ~ ~; ~ ~rI'~ l r} ~ ~ , A es Nays ' ~' ~ ~ /~~,~' ~ ~ ~ ~ ~, Michalski q i; , ~ ~}' ~ ~ ~,~ { ~ ~ ~ ~ Buol .. ~1~ ~ /~ i r,; , ~~~„ ~~ /`k~' ~ -~,, /~ ~ ~ ~~line , ~ ~ ,~ ~ V I ~'~ ~~, ~~~ ,.' ~ , ~ r ~~ ~ Connors ~, ~, ~~~ ~ ~ ~ Jones ~, ~/ ~~ ~~~ ~!/~' (,~/~ '~ ~ Lynch ~~;~ , ? l ~ ~ ~ E ~, /" ~~~~~ ~~~ ~~ ~ ~~ ~~, ~~ ~ ~,~ ~ ~ ~~ %: j ~ ,; J i~, i ~ t ~+~J J 6 * 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 158 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 19. Tobacco Compliance -Civil Penalties for Tobacco Permit Holders City Manager recommending acceptance and approval of Acknowledgement/Settlement Agreements of Big Ten Mart, 9th 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 159 Accepting the Northwest Arterial Hike /Bike Trail - Phase l and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution • Ayes Nays Michalski Braig Buol Cline Connors Jones Lynch 7 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 160 Granting the issuance of a Class "B" Beer Permit to Panchero's Mexican Grill and Class "C" Beer Permit to Tobacco World RESOLUTION 161 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 Ayes Nays Michalski Braig Buol Cline Connors Jones Lynch • 8 ITEMS TO BE SET FOR PUBLIC HEARING • Ayes Nays ~/ Michalski ~~raig Buol Cline j Connors Jones / (")Lynch 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 162 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 5/7/07 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 163 Preliminary approval of plans and specifications, form of contract, and estimated cost for the City Hall Parking Lot Construction Project 9 .;? RESOLUTION 163 Setting date of hearing on plans and specifications, form of contract, and estimated cost for the City Hall Parking Lot Construction Project RESOLUTION 163 APreliminary schedule of assessments RESOLUTION 164 of Necessity RESOLUTION 165 Fixing date of public hearing on the Resolution of Necessity RESOLUTION 165 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 10 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 Willen borg 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 Aye .~ 1 Nays Michalski / / Braig Buol . /j Cline Connors Jones L nch Y TV Cable Regulatory Commission --One expired three-year term through June 30, 2009 -term of Ellis) Applicant: Charles Ellis Ay Nays ~ Michalski ~.. .~ ~' - Braig Buol line ~ onnors Jones Lynch 11 F~ 1 l • • • Greg Adams/Stewart Construction, Inc. -Reconsideration (Recessed on March 5, 2007) PUBLIC HEARINGS ' ~' ,`~~ r' I J SUSPEND THE RULES ,} 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 12-07 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 ayes Nays // ~ Michalski Braig / , Buol ~, Cline ~~Connors r ones (~ynch yes Nays Michalski Braig Buol .~ „Cline Connors Jones :~ - Lynch Ayes Nays ~ Michalski /,Braig / ~ Buol Cline Connors Jones / Lynch /~ ~ %~~ ~/: f"~,. 12 •_ • • Tri-State Development, LLC ,n ~~ ,~ 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 Suggested Disposition: Table; Receive and File; Concur with Denial; or Motion B; Motion A (Super Majority Vote) qye Nays / ~/ ~~ Michalski Braig ~ ~~~ Buol ~~line Connors Jones / Lynch 13 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) ~Ay~) Michalsks Braig Buol ~' /~ Cline Connors L Jones Lynch • • 14 /~ . 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 13-07 ~ 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 Ayes Nays / Michalski B / /' Cline / / ~ ~COnn01'S • • / `~~Jones Lynch Ayes Nays j Michalski Braig ~f Cline / - ~ Connors Jones ~' Lynch 15 /~j~`~ t~`~~ f~~ , ~ ~~~ ~~~~ ~~ ,~'1,~ 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 168 Adopting plans and specifications, form of contract and estimated cost RESOLUTION 169 Awarding contract RESOLUTION 170 Approving construction contract with Klauer Construction Company for the Eagle Point Park Fee Collector's Building Project Suggested Disposition: Receive and File; Adopt Resolutions • E ~~~ . ,,~~` ~~~ ~ ~ ~~~~ ~~~~ f . ~;' ~~ `~ f~ ~1~ ~;~ ~~~ ~~ .~,~_ ~U • ~ Lynch Aye Nays / Michalski raig ,. uol ~ line ~ ~~ ~ ~ Connors Jones ~~ ~, ` J C ~. ~~ ~, ~ 1 ''`~ ` "~ ~~ ;~ ~ r~~ ~, ~~' ~~ ~~ ,~~`" ~~ ~~~ ~~ ~~ ~~~y l ~~,~ ~~ ~~ ~~~ ~~ ff~~ ;~~ ,~ 16 ~~. 6. Federal Buildin Rehabilitation Project g J 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 171 Approval of plans and specifications, form of contract, and estimated cost or the Federal Building Renovation Project RESOLUTION 172 Awarding contract for the Federal Building Renovation Project RESOLUTION 173 Approving construction contract for the Federal Building Renovation Project Suggested Disposition: Receive and File; Adopt Resolutions A~es Nays Michalski ~ Braig j Buol / Cline j onnors v ones /'- Lynch REINSTATE THE RULES Ayes Nays ~ ,Michalski ~ ~~ Braig ~ Buol ~ Cline i (Connors Jones Lynch • 17 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 XX 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 ~~ ~ ~^~~ ~' ~) ~ , Ayes Nays y n / f(i ~~,~ ~ ~~~° Michalski _~ ~. ~~~ ~~ 1,~ %Braig ~ ~ ~ '~ l.;r ~~ , . ~ ,~ ~~, r ~,~ , ~ Clines '~~ 'J / onnors ~~r; ~ ~~~~°~ ~ - `~ ~ ~~ . ` .i Jones 1 ~ //~N~.. ~~~ / Lynch ~~ ~, ~/- ~ ~ ~ ( ;~,~'~ ~ ,/~ ~ U~~~ J Aye~'~ ~ Nays /~ ~1 ~-~ ~ I,, , Michalski ,, ~~~ ~ ~ ~ ~ ~ Braig ~'~ ~~~~~ ~~1;, ~~ (~ --Cline-~/ , J ~~' ~ ~ (~~~ ~~-~ ~ ~ ~' Connors ~~ !' ~~. ,l~f'" ~~,/~ Jones ~ ~~~;,~ ~~ ~ Lynch ~~ ~ ~~ ~~ G .~ v : ~ ~ ~ , :~~' ~ ~- 1. ~ ~~~ ~~~' ~~ ~, c ~ ~,~ , ,~ ~ ~ r~ ~ ~ ~ ~~ 1$ /y ~- 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 Ayes Nays ,~ Michalski / ~~ Braig /` Buol ~ % Cline C)Connors / Jones Lynch 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 174 Urging the repeal of Iowa Code §692A.2A and replacing it with Child Safe Zone Iowa Legislation ~~' ,~ Suggested Disposition: Receive and File; Adopt Resolution ~`~~ , ~~ ~~ A es Na s ,~ ~ ~ ~~'~` y ~ , ~~ ~ Michalski J ~,~ ~~ / ~ ~ //~ ,~~1 ~~ ~~ A. ~~ ~ Braig / G ~! ~~ ~~ ~ i~~ ~ ~1 ;~~ ~ r~~~ / Buol ~ ~f/ ~ ~,~ ~ ;)~~~ ~- / Cline ~ ~ ~~ ~ ~~" ~~~~ ~~" '~ ~ / Connors ~' ~~ ~ 4 ` , t,~ ~ / r Jones ,a, ~lf ~ ~? ~ ~ ~ ~~ ~, ~ /1' /p, /I ! ~~ 19 ~ f~, ~ , ~,t;~ ,~~~~~ • 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 Ayes Nays ~ Michalski /- Braig Buol line ~ onnors l Jones f ~~ Lynch ~ ~~~~ 1,~.~ ~ . r~~ COUNCIL MEMBER REPORTS ~ %l ~~~Y ~''~ ,~,~ ~, P~~~ J~ ~~ !~'.// ~ ~ ~~ ~~~.i ~~ .,~ ~ /~~ ~~~ ~ ~ ~~,~/ / ~/,r ~~/ ~, ~~ ~ ` (~ ~ . ~ .~ -y~' I `,/ ;~ Zo . 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. r. 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