Minutes City Council 3 19 07
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session on March 19, 2007, at 6:30 p.m. in the
Carnegie-Stout Public Library Auditorium.
Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City
Manager Van Milligen; City Attorney Lindahl
Mayor Buol 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 provided by Victor L. St. George, Pastor of St. Matthew Lutheran Church
CONSENT ITEMS
Motion by Cline to receive and file all Consent items, adopt Resolutions, and refer to staff
where recommended. Request by Braig to hold #14 (Dubuque County Conservation Society)
for separate discussion. Seconded by Michalski. Motion carried 7-0.
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, upon motion received and filed.
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, upon motion received and filed.
Library Board of Trustees Update from meeting of February 22, 2007, upon motion received
and filed.
Notice of Claims/Suits: Amber Thompson, Randy Fortier, and Sheila Finney for vehicle
damage; Melanie C. Flesch for vehicle damage, upon motion received, filed, and referred to
City Attorney.
City Attorney recommending settlement of the claim of Randy Fortier and Sheila Finney for
vehicle damage, upon motion received, filed, and concurred. Finance Department directed to
issue payment.
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. Upon motion Resolution No. 153-07 Accepting improvements in Arbor Estates –
Phase 1 and 2 was adopted.
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. Upon motion Resolution
No. 154-07 Approving the purchase of two air-handling units for the Federal Building
Renovation Project was adopted.
Historic Old Main Street Lighting and Sidewalk Replacement Project: City Manager
recommending award of the contract to Portzen Construction, Inc., for the Historic Old Main
Street Lighting and Sidewalk Replacement Project. Upon motion Resolution No. 155-07
Awarding contract to Portzen Construction, Inc., and Resolution No. 156-07 Approving
construction contract were adopted.
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, upon motion received, and
approved.
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, upon motion received and filed.
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, upon motion Resolution No. 157-07 Approving the purchase of ten
replacement Police vehicles was adopted.
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, upon motion received and filed.
Comprehensive Plan: City Manager submitting background information regarding the City’s
Comprehensive Plan, 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 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, upon motion received and filed.
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, upon motion received, filed and approved.
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, upon motion received, filed, and approved.
Dubuque County Conservation Society: Communication from David W. Leifker, Dubuque
County Conservation Society, to the Dubuque County Board of Supervisors regarding junk
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yards located on Highway 52 north of Dubuque was received and read by Braig. Michalski
requested the City Manager revisit the issue of cooperation with the County, make contact, and
meet with the Board of Supervisors. Motion by Braig to receive, file and send a thank-you
response letter. Seconded by Cline. Motion carried 7-0.
Civil Service Commission: Civil Service Commission submitting the certified list for the
position of Sanitation Driver, upon motion received, filed, and made a Matter of Record.
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, upon
motion received and filed.
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. Upon motion Resolution No. 158-07 Approving an agreement with
Edward A. Green documenting a previous agreement between the City and Edward A. Green
dated July 7, 1998, was adopted.
Red Cross Emergency Shelter Agreement: City Manager recommending approval of the
Emergency Shelter Agreements with the American Red Cross, upon motion received, filed,
and approved.
Tobacco Compliance – Civil Penalties for Tobacco Permit Holders: City Manager
recommending acceptance and approval of Acknowledgement/Settlement Agreements of Big
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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 Street for their first tobacco compliance
violation, upon motion received, filed, and approved.
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. Upon motion Resolution No. 159-07 Accepting the
Northwest Arterial Hike / Bike Trail – Phase I and authorizing the payment of the contract
amount to the contractor was adopted.
John F. Kennedy Road Sidewalks: Communications from Robert Park regarding the issue of
installation of sidewalks on John F. Kennedy Road, upon motion received and filed.
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, upon motion received, filed, and approved.
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Improvement Contracts / Performance, Payment and Maintenance Bonds for Heron Pond
Tree Removal Project and Reeder and Lois Street Sanitary Sewer Project, upon motion
received and filed.
Business Licenses: City Manager recommending approval of annual liquor license renewals
as submitted. Upon motion Resolution No. 160-07 Granting the issuance of a Class “B” Beer
Permit to Panchero’s Mexican Grill and Class “C” Beer Permit to Tobacco World and
Resolution No. 161-07 Granting the issuance of a Class “C” Beer/Liquor License to PJ’s Tap,
Ground Round and Salsa’s Mexican Restaurant were adopted.
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive, file, adopt Resolutions, set public hearings as specified, and
direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Braig.
Motion carried 7-0.
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. Upon motion Resolution No. 162-07 Resolution of
Intent to dispose of City interest in Lot 1 of Lenox Addition No. 3 in the City of Dubuque,
Dubuque County, Iowa was adopted setting the public hearing at a meeting to commence at
6:30 p.m. on April 2, 2007, in the public library auditorium.
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, upon motion received
and filed setting a public hearing at a meeting to commence at 6:30 p.m. on April 2, 2007, in
the public library auditorium.
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, upon motion received and filed setting a public hearing at a meeting to commence at
6:30 p.m. on May 7, 2007, in the public library auditorium.
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. Upon motion Resolution No. 163-07 Preliminary approval of
plans and specifications, form of contract, and estimated cost for the City Hall Parking Lot
Construction Project; Resolution No. 164-07 Setting date of hearing on plans and
specifications, form of contract, and estimated cost for the City Hall Parking Lot Construction
Project; Resolution No. 164A-07 Preliminary Schedule of Assessments, Resolution No. 165-07
Resolution of Necessity; Resolution No. 166-07 Fixing date of public hearing on the Resolution
of Necessity; and Resolution No. 167-07 Ordering the advertisement for bids for the City Hall
Parking Lot Construction Project were adopted setting a public hearing at a meeting to
commence at 6:30 p.m. on April 2, 2007, in the public library auditorium.
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BOARDS/COMMISSIONS
Applicants were 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 Willenborg did not speak.
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.
Michalski moved to appoint William Gibbs to one unexpired 5-year term through March 25,
2012. Seconded by Connors. Motion carried 7-0.
TV Cable Regulatory Commission: One expired three-year term through June 30, 2009 –
term of Ellis). Applicant: Charles Ellis. Michalski moved to appoint Charles Ellis to one expired
three-year term through June 30, 2009. Seconded by Connors. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
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. Motion by Connors to reopen discussion from March 5, 2007. Seconded by
Lynch. Motion carried 7-0. Brian Kane, 2100 Asbury Road, attorney for Stewart and Briggs,
requested the 20-foot building height condition be amended to 35 feet and further noting strict
environmental standards will be enforced with the addition of landscape berms and screening.
Dawne O’Meara of Alter Scrap said that the company has received additional environmental
certifications. Frank Branigan, Allied, explained that the requested height is required in order
for trucks to empty recycling contents indoors and clarified that they do not process waste. Tim
Hodge, Hodge Transfer, spoke in favor of the proposed Ordinance. Laura Carstens, Planning
Services Manager corrected an error in the original legal description. Citizens Diane Brehm
(12458 Cottingham Road), Gary Johnson (12089 Cottingham), Kevin Kotz (14957 Old
Highway Road), Kelly Allen (15165 Old Highway Road), Joe Vize (12055 Cottingham Road),
Delbert Brimeyer (12713 Sieppel Road), and Devon Welty (16451 Old Highway Road) spoke
in opposition of the Ordinance describing their concerns about increased and dangerous
traffic, runoff, odors and emissions from trucks, additional landscaping needed to
accommodate height modification, degradation of the view and visual attractiveness of the
neighborhood, and the continued attempt to push light industrial zoning into the area over the
years. In rebuttal, Dawn O’Meara said there is sufficient on-site space for the estimated 200
additional truck per day and there would be no backup onto the streets. They also remove
fluids from any stored vehicles outside the building. Michalski said that Old Highway Road is
adequately handling the current 1450 vehicles per day and 200 more is not a significant
increase. She also reiterated that the rezoning has already been approved and that this
hearing was only for the height modification request. Motion by Connors to receive and file the
documents and that the requirement that a proposed ordinance be considered and voted on
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for passage at two Council meetings prior to the meeting at which it is to be passed be
suspended. Seconded by Jones. Motion carried 7-0. Motion by Connors for final consideration
and adoption of Ordinance No. 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. Seconded by Braig. Motion carried 7-0.
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. Motion by Michalski to table.
Seconded by Cline. Motion carried 7-0.
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. Communication from Betty Sweeney withdrawing her request to
rezone. Motion by Michalski to receive, file, and accept withdrawal. Seconded by Connors.
Motion carried 7-0.
Due to a conflict of interest, Mayor Buol excused himself from the proceedings, turning the
meeting over to Mayor Pro Tem Braig.
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. Motion by Connors to receive and file the documents
and further 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 Jones. Motion carried 6-0. Motion by Connors for final
consideration and adoption of 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. Seconded by Lynch.
Motion carried 6-0.
Mayor Buol returned to the proceedings, taking over the meeting from Mayor Pro Tem
Braig.
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
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award of the contract to Klauer Construction Company in the amount of $229,804. Motion by
Michalski to receive, file, and adopt Resolution No. 168-07 Adopting plans and specifications,
form of contract and estimated cost, Resolution No. 169-07 Awarding contract, and Resolution
No. 170-07 Approving construction contract with Klauer Construction Company for the Eagle
Point Park Fee Collector’s Building Project. Seconded by Cline. Motion carried 7-0.
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
to Tricon General Construction. Motion by Connors to receive, file, and adopt Resolution No.
171-07 Approval of plans and specifications, form of contract, and estimated cost for the
Federal Building Renovation Project, Resolution No. 172-07 Awarding contract for the Federal
Building Renovation Project to Tricon General Construction, and Resolution No. 173-07
Approving construction contract for the Federal Building Renovation Project with Tricon
General Construction. Seconded by Jones. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
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
(2065 Admiral St.) regarding the Hempstead parking issue. Superintendent of Schools John
Burgart was invited to speak regarding the school district’s efforts to resolve the issue and
acknowledged no immediate solution. After discussion, Connors moved to receive and file and
further moved that the requirement that a proposed ordinance be considered and voted on for
passage at two Council meeting prior to the meeting at which it is to be finally passed be
suspended. Seconded by Jones. Failed 5-2 with Michalski and Cline voting nay. Motion by
Lynch designating this the second reading of the 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. Seconded by Connors. Motion carried 5-2 with Michalski and Cline voting nay.
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.
Motion by Connors to receive, file and approve. Seconded by Braig. Motion carried 7-0.
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. Motion by Jones
to adopt Resolution No. 174-07 Urging the repeal of Iowa Code §692A.2A and replacing it with
Child Safe Zone Iowa Legislation. Seconded by Braig. Motion carried 7-0.
Bowling and Beyond Lease Extension: 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. Motion by Cline to receive and file. Seconded by Connors. Motion
carried 7-0.
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COUNCIL MEMBER REPORTS
Michalski reported that the St. Patrick’s Day parade conflicted with mass and a fundraiser at
St. Patrick’s Church adding that the City’s permit process should include contacting affected
businesses.
Mayor Buol will be giving the State of the City address at 7:00 p.m. on March 26, 2007, in
the public library auditorium.
Braig reported that the process by which agencies can apply for a Purchase of Services
contract with the City needs to be defined to give additional agencies the opportunity to apply
for City funds. Council concurred that this topic should be addressed at the next City Council
Strategic Planning session.
PUBLIC INPUT
(None)
There being no further business, upon motion the meeting was adjourned at 8:58 p.m.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 3/28
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