Minutes City Council 4 7 08
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on Monday, April 7, 2008, in
the Historic Federal Building.
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg,
City Manager Van Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a regular session called for the purpose of
discussing such matters which may properly come before the City Council.
Invocation was provided by Pastor John Hulsizer, Church of the Nazarene
PROCLAMATIONS
Architecture Month (April 2008) was accepted by Bob Hartig; Boost Your Hometown Month
(April 2008); Fair Housing Month (April 2008) was accepted by Shane Oswald, Chairperson of
the Human Rights Commission; and Earth Week (April 14 – 22, 2008) was accepted by Rick
Brown and Judy Haley Giesen
CONSENT ITEMS
Motion by Connors to receive and file the documents and dispose of as indicated. Seconded
by Braig. Jones requested (#12) Library Board of Trustees be held for separate discussion.
Motion carried 7-0.
Minutes and Reports Submitted: Airport Commission of 2/28; Arts and Cultural Affairs
Advisory Commission of 2/26; Cable TV Teleprogramming Commission of 1/8 and 2/12; City
Council of 3/13 and 3/17; Civil Service of 3/6; Governing Board of the Municipal Housing
Agency of 3/13; Historic Preservation Commission of 3/20; Housing Commission of 1/22;
Human Rights Commission of 2/11; Library Board of Trustees of 1/17, 2/11 and 2/28; Long
Range Planning Advisory Commission of 3/19; Park and Recreation Commission of 3/1;
Transit Board of 3/13
Proofs of Publication of City Council Proceedings of March 3, 4, 5, 13 and 17, 2008;
Governing Board of the Municipal Housing Agency of March 13, 2008; and List of Claims and
Summary of Revenues for month ending February 29, 2008
Library Board of Trustees Update from Meeting of February 28 and March 20, 2008
Upon motion the documents were received and filed.
Notice of Claims/Suits: Claims Management Resources for property damage; Jenni and
Terry Ruffridge for property damage; Carol Arling for vehicle damage; Steven D. Connolly for
vehicle damage; Scott Steadman for vehicle damage; Vionna Naese for vehicle damage; Ryan
T. Hanson for personal injury; Jessica Young for vehicle damage; Northeast Iowa Community
College for property damage. Upon motion the documents were received and filed and
referred to the City Attorney.
City Attorney advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Jenni Ruffridge for
property damage; Andrew Stoecken for vehicle damage; Roger Bahl for personal injury/vehicle
damage; Claims Management Resources for property damage; Jennifer Hoyer for property
damage; Erik Steffenson for vehicle damage; Gary Lungwitz for vehicle damage; David Elgin
for vehicle damage; Steven D. Connolly for vehicle damage.
City Attorney recommending settlement of the claim of Regina Pint for vehicle damage.
City Attorney recommending denial of the claims of Carissa Young for vehicle damage;
Vionna Naese for vehicle damage; Dawn Rannals for vehicle damage; Tim Bushman for
vehicle damage; John Kass for vehicle damage; William Blum for vehicle damage; Scott
Steadman for vehicle damage; Carol Arling for vehicle damage.
Upon motion the documents were received, filed and concurred.
Cleveland Avenue Reconstruction Project – Villa to Bryant Street: City Manager
recommending award of the public improvement contract for the Cleveland Avenue
Reconstruction Project – Villa to Bryant Street to Horsfield Construction, Inc., in the amount of
$1,684,371.90. Upon motion the documents were received and filed and Resolution No. 102-
08 Awarding public improvement contract for the Cleveland Avenue Reconstruction Project –
Villa to Bryant Street to Horsfield Construction, Inc. was adopted.
US 20 (Devon Drive to Menards) Capacity Improvements Project – Phase I: City Manager
recommending acceptance of the construction contract for US 20 (Devon Drive to Menards)
Capacity Improvement Project – Phase I as completed by Volkens Excavating in the final
contract amount of $200,482. Upon motion the documents were received and filed and
Resolution No. 103-08 Accepting the US 20 (Devon Drive to Menards) Capacity Improvements
Project – Phase I, Traffic Signal and Intelligent Transportation System Improvements (STP-A-
020-9(186)--22-31) and authorizing the payment of the contract amount to the contractor was
adopted.
Grass and Weed Cutting Assessments: City Manager recommending approval of the levy of
special assessments for grass and weed cutting charges to the Dubuque County Treasurer in
order to establish real property liens for collection of such charges. Upon motion the
documents were received and filed and Resolution No. 104-08 Adopting the Schedule of
Assessments for the grass cutting charges specifying the number of annual installments into
which assessments are divided, the interest on all unpaid installments, the time when the
assessments are payable and directing the Clerk to certify the Schedule of Assessments to the
County Treasurer and to publish notice thereof was adopted.
State Historical Society of Iowa: Communication from the State Historical Society of Iowa
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advising that the Interstate Power Company Building located at 1000 Main / 131 West 10
Street has been accepted for nomination to the National Register of Historic Places. Upon
motion the document was received and filed.
Federal Legislative Correspondence: Communication from the U.S. Conference of Mayors
requesting letters of support for the Energy Efficiency and Conservation Block Grant Program.
Communications to Representative Bruce Braley, Senator Chuck Grassley and Senator
Tom Harkin requesting their support for the Energy Efficiency and Conservation Block Grant
Program.
Communications to Representative Bruce Braley, Senator Chuck Grassley and Senator
Tom Harkin thanking them and their staffs for the tremendous work they do for the community
of Dubuque.
Upon motion the documents were received and filed.
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Request to Purchase: Communication from Beverly Kaminski, 35 McEvoy Place, requesting
to purchase a portion of McEvoy Street. Upon motion the document was received and filed and
referred to the City Manager
Citizen Communications: Communication from Joyce Hartig, 830 Southern Avenue,
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expressing concerns about moving the Grandview Avenue dog park to the 12 Street location.
Communication from Joanne Hanssen regarding the relocation of the Grandview Avenue
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dog park to the East 12 Street location.
Upon motion the documents were received and filed.
Sustainable City Consulting Services Request for Proposals: City Manager recommending
that the bids received in response to the Sustainable City Consulting Services be rejected and
that the RFP be modified and reissued. Upon motion the documents were received, filed and
approved.
Zoning Board of Adjustment: Communication from Evelyn Nadeau, 663 Fenelon Place,
regarding a Zoning Board of Adjustment agenda item seeking a special exemption to build a
six unit condominium at 440 Raymond Place. Upon motion the document was received and
filed.
Library Board of Trustees: Communication from Susan Lindsay, 690 Fenelon Place,
submitting her resignation from the Library Board of Trustees effective March 20, 2008 and
communication from Alan L. Avery submitting his resignation from the Library Board of
Trustees due to his relocation outside the area. Jones moved to receive and file the
documents and accept the resignations. Seconded by Connors. Jones thanked Lindsay and
Avery for their exceptional service to the Library Board of Trustees. Motion carried 7-0.
State-Wide Monitoring Project to Measure Impacts of Infiltration Based Practices for
Stormwater Management: City Manager recommending approval to partner with the Black
Hawk Soil and Water Conservation District and provide a letter of support for a grant
application to the Iowa Watershed Improvement Review Board for the proposed “State-wide
Monitoring Project to Measure Impacts of Infiltration Based Practices for Stormwater
Management”. Upon motion the documents were received, filed and approved.
Water Pollution Control Plant Renovation: Postcards from citizens opposing the incineration
option regarding the renovation of the Water Pollution Control Plant. Upon motion the
documents were received and filed.
Liquor License Applications: City Manager recommending approval of annual liquor license
renewals as submitted. Upon motion the documents were received and filed and Resolution
No. 105-08 Granting the issuance of a Class “B” Beer Permit to Panchero’s Mexican
Restaurant and Resolution No. 106-08 Granting the issuance of a Class “C” Beer/Liquor
License to Noonan’s Tap, Knights of Columbus and Hudson’s Classic Grill were adopted.
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, set the public hearings as indicated, and
direct the City Clerk to publish notice as prescribed by law. Seconded by Voetberg. Motion
carried 7-0.
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Vacate and Release of Sanitary Sewer Easement: City Manager recommending that a
public hearing be set for April 21, 2008 to consider vacating and releasing the sanitary sewer
easement across the former Block 4 of Henschel Addition as requested by Buesing &
Associates, Inc., representing North Cascade Road Developers, LLC. Upon motion the
documents were received and filed and Resolution No. 107-08 Intent to dispose of interest and
release in the location of an existing 20-foot wide sanitary sewer easement across former
Block 4 of Henschel Addition in the City of Dubuque, Iowa, was adopted setting a public
hearing for a meeting to commence at 6:30 p.m. on April 21, 2008, in the Historic Federal
Building.
Disposition of Property: City Manager recommending that a public hearing be set for April
21, 2008 to consider approval of a land sale and Development Agreement with Progressive
Packaging, LLC c/o Hormel Foods Corporation. Upon motion the documents were received
and filed and Resolution No. 108-08 Intent to dispose of an interest in City of Dubuque real
estate and fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa,
on the proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the
execution of a Development Agreement relating thereto with Progressive Packaging, LLC c/o
Hormel Foods Corporation, and providing for the publication of notice thereof was adopted
setting a public hearing for a meeting to commence at 6:30 p.m. on April 21, 2008, in the
Historic Federal Building.
Individual Historic Designation – 216 Clarke Drive: Long Range Planning Advisory
Commission recommending that a public hearing be set for June 2, 2008 to consider approval
of the Individual Historic Designation of 216 Clarke Drive.
Historic Preservation Commission recommending approval of the application of Charles
Walter and Barbara Zoellner for Individual Historic Designation for property located at 216
Clarke Drive.
Upon motion the documents were received and filed setting a public hearing for a meeting
to commence at 6:30 p.m. on June 2, 2008 in the Historic Federal Building.
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on the
following Boards/Commissions.
Civil Service Commission: One 4-year expired term through April 6, 2012 (Term of
Gieseman). Applicants: John Stevens, 2215 Graham Circle; Otto Krueger, 1906 Avalon.
Stevens and Krueger spoke in support of their appointment.
Civic Center Commission: Two 3-year vacant terms through June 29, 2010 (Terms of
Brannon and Nauman). Applicants: Susan Balsamo, 2770 Van Buren; Barb Kurt, 1304
Atlantic. Balsamo spoke in support of her appointment.
Environmental Stewardship Advisory Commission: Two 3-year expired terms through
October 1, 2010 (Term of Buelow). Applicants: Michael Buelow, 2131 Graham Circle; Chad
Oberdoerster, 420 Summit Street; Edward Cawley, 598 Needham Place. Oberdoerster and
Cawley spoke in support of their appointment.
Long Range Planning Advisory Commission: One 3-year vacant term through July 1, 2009
(Term of Neumeister). Applicants: Chad Darter, 2544 Matthew John Drive; Richard Van Iten,
3273 Bittersweet Lane; Alan Vincent, 1010 Dunham Drive. Darter, Van Item, and Vincent
spoke in support of their appointment.
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Mechanical Code Board: Two 3-year expired terms through March 16, 2011 (Terms of
Grothe and Giese). Applicants: Tom Giese, 395 Villa Street; David Grothe, 2544 Elm Street;
Gary Hillard, 2826 Muscatine Street. Hillard spoke in support of his appointment.
TV Cable Community Teleprogramming Commission: Two 3-year vacant terms through
June 30, 2009. Applicants: Thomas McDonough, 1562 Lucy Drive; Alan Vincent, 1010
Dunham Drive. McDonough and Vincent spoke in support of their appointment.
Appointment to the following Commission: Historic Preservation Commission (One 3-year
vacant term through July 1, 2008 – Old Main District Interim Commissioner). Applicants: D.
Joseph Rapp, David Stuart. Upon roll call vote, Rapp was appointed to the Historic
Preservation Commission for a three-year vacant term through July 1, 2008.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone to address the City Council.
Dubuque Industrial Center Urban Renewal Plan: Proof of publication on notice of public
hearing to consider amending the Urban Renewal Plan for the Dubuque Industrial Center
Economic Development District to expand the district to include the rail site and City Manager
recommending approval.
Communication from the Long Range Planning Advisory Commission recommending
approval of the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center
Economic Development District.
Motion by Lynch to receive and file the documents and to adopt Resolution No. 109-08
Approving the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center
Economic Development District. Seconded by Jones. Motion carried 7-0.
Sewer Revenue Capital Loan Notes: Proof of publication on notice of public hearing to
consider the issuance of not to exceed $2,458,000 Sewer Revenue Capital Loan Notes (State
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of Iowa Revolving Fund Loan) for the West 32 Street Detention Basin project and City
Manager recommending approval. Motion by Connors to receive and file the documents and
adopt Resolution No. 110-08 Instituting proceedings to take additional action for the
authorization of a Loan and Disbursement Agreement and the issuance of not to exceed
$2,458,000 Sewer Revenue Capital Loan Notes. Seconded by Braig. Motion carried 7-0.
Town Clock Renovation Project: Proof of publication on notice of public hearing to consider
approval of the plans and specifications, form of contract and estimated cost for the Town
Clock Renovation Project and City Manager recommending approval. Motion by Jones to
receive and file the documents and adopt Resolution No. 111-08 Approving plans,
specifications, form of contract, and estimated cost for the Town Clock Renovation Project.
Seconded by Lynch. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Citizen Request: Request of Steven D. Connolly, 3406 Waller Street, to address the City
Council regarding the denial of his claim for vehicle damage. Connolly distributed pictures of
the pot hole which caused damage to his vehicle and stated that he felt it was the responsibility
of the City to maintain streets. City Attorney Lindahl responded that the City was not liable in
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cases where there was no prior knowledge of the defect. Motion by Jones to receive and file
the documents. Seconded by Connors. Motion carried 7-0.
409 Burch Street – Eminent Domain Proceedings: City Attorney recommending approval of
the commencement of eminent domain proceedings to acquire the property at 409 Burch
Street. Motion by Connors to receive and file the documents and adopt Resolution No. 112-08
Authorizing the commencement of eminent domain proceedings for the acquisition of certain
real property owned by John White at 409 Burch Street in the City of Dubuque. Seconded by
Jones. Motion carried 7-0.
Chavenelle Court Engineering Contract: City Manager recommending approval to award a
sole source contract to IIW Engineers and Surveyors for the design and construction services
of the Dubuque Industrial Center West-Chavenelle Court street project for a cost not to exceed
$92,100. Motion by Jones to receive and file the documents and adopt Resolution No. 113-08
Authorizing contract with IIW Engineers and Surveyors P.C. for the design and engineering of
Dubuque Industrial Center West–Chavenelle Court. Seconded by Connors. Motion carried 7-0.
Expansion of Enterprise Zone – 2: City Manager recommending approval of the filing of an
application with the Iowa Department of Economic Development requesting Enterprise Zone
Expansion to the City’s existing Enterprise Zone – 2 to include property west of Central
Avenue owned by Holy Ghost Church. Motion by Connors to receive and file the documents
and adopt Resolution No. 114-08 Authorizing the filing of an application with the Iowa
Department of Economic Development requesting an expansion of Enterprise Zone – 2 in the
City of Dubuque. Seconded by Jones. Motion carried 7-0.
2160 Elm Street Urban Revitalization District: City Manager recommending that staff be
directed to prepare an ordinance removing 2160 Elm Street and adjoining vacant properties
from the Washington Neighborhood Urban Revitalization District to allow a site-specific urban
revitalization district to be established for the purpose of development of an affordable housing
project. Upon motion the documents were received, filed and approved.
Middle Fork Catfish Creek Hike / Bike Trail Feasibility Study: City Manager recommending
approval to initiate the Request for Proposals process for the Professional Services for the
Middle Fork Catfish Creek Hike / Bike Trail Feasibility Study. Upon motion the documents were
received, filed and approved.
Code of Ordinances – Chapter 32 Motor Vehicles and Traffic: City Manager recommending
approval of the revised and updated Code of Ordinances Chapter 32 Motor Vehicles and
Traffic. Jones expressed concern about repealing Section 32-321.601 and requested that if it
be discussed with the Police Chief and Fire Chief. Voetberg stated there appeared to be some
inconsistencies with regard to snow routes in the proposed ordinance. Motion by Voetberg to
table. Seconded by Jones. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Buol reminded the citizens of Dubuque about City Expo being held from 5:00 to 8:00 p.m.
on Tuesday, April 8, 2008 and urged everyone to attend.
CLOSED SESSION
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Motion by Jones to adjourn to Closed Session at 7:45 p.m. regarding pending litigation
pursuant to Chapter 21.5(1)(c) 2007 Code of Iowa and collective bargaining strategy pursuant
to Chapter 20.17(3) 2007 Code of Iowa. Seconded by Braig. Motion carried 7-0.
Upon motion, City Council reconvened in open session at 8:20 p.m. stating that staff had
been given proper direction.
There being no further business, upon motion the City Council adjourned at 8:21 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
1t 4/16
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