4 7 08 City Council Proceedings Official
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
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 meetings 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.
RESOLUTION NO. 102-08
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE CLEVELAND AVENUE
RECONSTRUCTION PROJECT – BRYANT STREET TO VILLA STREET
Whereas, sealed proposals have been submitted by contractors for the Cleveland Avenue
Reconstruction Project – Bryant Street to Villa Street (the Project) pursuant to Resolution No.
97-08 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa
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on the 7 day of March, 2008.
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Whereas, said sealed proposals were opened and read on the 27 day of March, 2008 and
it has been determined that Horsfield Construction, Inc. of Epworth, Iowa, with a bid in the
amount of $1,684,371.90, is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Horsfield
Construction, Inc. and the City Manager is hereby directed to execute a Public Improvement
Contract on behalf of the City of Dubuque for the Project.
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Passed, approved and adopted this 7 day of April, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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.
RESOLUTION NO. 103-08
ACCEPTING THE US 20 (DEVON DRIVE TO MENARDS) CAPACITY IMPROVEMENTS
PROJECT – PHASE I, TRAFFIC SIGNAL AND INTELLIGENT TRANSPORTATION
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SYSTEM IMPROVEMENTS (STP-A-020-9(186)--22-31) AND AUTHORIZING THE
PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for 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) (the Project) has been completed and the City
Engineer has examined the work and filed a certificate stating that the Project has been
completed according to the terms of the Public Improvement Contract and that the City
Engineer recommends that the Project be accepted; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the Iowa
Clean Air Attainment Program (ICAAP) Funds and the US (Devon Drive to Menards) Capacity
Improvements appropriation for the contract amount of $200,482.00 less any retained
percentage provided for therein as provided in Iowa Code chapter 573, and to pay such
retainage only in accordance with the provisions of Iowa Code chapter 573.
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Passed, approved and adopted this 7 day of April, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE US 20 (DEVON DRIVE
TO MENARDS) CAPACITY IMPROVEMENTS PROJECT – PHASE 1, TRAFFIC SIGNAL
AND INTELLIGENT TRANSPORTATION SYSTEM IMPROVEMENTS (STP-A-020-9(186)--
22-31)
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected 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),
that the Project has been performed in compliance with the terms of the Public Improvement
Contract, and that the total cost of the completed work is $255,457.52.
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Dated this 1 day of April, 2008.
Gus Psihoyos, City Engineer
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Filed in the office of the City Clerk on the 1 day of April, 2008.
Jeanne F. Schneider, CMC, City Clerk
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.
RESOLUTION NO. 104-08
ADOPTING THE SCHEDULE OF ASSESSMENTS FOR 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
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SCHEDULE OF ASSESSMENTS TO THE COUNTY TREASURER AND TO PUBLISH
NOTICE THEREOF.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That after full consideration of the Schedule of Assessments attached hereto for grass
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cutting charges, was filed in the office of the City Clerk on the 24 day of March, 2008, the said
Schedule of Assessments be and the same is hereby approved and adopted.
That there be, and is hereby assessed and levied as a special tax against and upon each of
the lots, the respective sums indicated.
That the City Clerk be and she is hereby directed to certify said schedule to the County
Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week
for two consecutive weeks in the manner provided in Iowa Code §362.3, the first publication of
which shall be for not more than 15 days from the date of filing of the final schedule. On or
before the date of the second publication of the notice, the City Clerk shall also mail a copy of
said notice to property owners whose property is subject to assessment, as provided and
directed in Iowa Code §384.60.
The assessments may be paid in full or in part without interest at the office of the City
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Treasurer, City Hall, 50 W. 13 Street, Dubuque, Iowa, at any time within 30 days after the
date of the first publication of the notice of the filing of the Schedule of Assessments with the
County Treasurer. After 30 days, unpaid assessments of $100.00 or more are payable in 10
annual installments, at the County Treasurer’s Office, Dubuque County Courthouse, 720
Central Avenue, Dubuque, Iowa, and will draw annual interest at nine (9) percent
(commencing on the date of acceptance of the work), computed to December 1 next following
the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa.
Each installment will be delinquent from October 1 following its due date on July 1 of each
year. Property owners may elect to pay any annual installments semiannually in advance.
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Passed, approved and adopted this 7 day of April, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC City Clerk
GRASS AND WEED ASSESSMENTS
NAME OF PROPERTY OWNER, ADDRESS OF PROPERTY OWNER, PROPERTY BEING
ASSESSED, PROPERTY DESCRIPTION, AMOUNT
Jan R & Herschel S. Pike, , 347 E. 19th Street, Dubuque, IA 52001, 347 E. 19th Street, 10-
24-217-005, W 8' Lot 20, E 17' S 69'-Lot 21, E 2'-N40'-W28'-, S69'-Lot 21 E Dubuque Addition,
$55.00;
Troy Akins (contract holder), 2545 Anamosa Street, Dubuque, IA 52001, 1700 Central
Avenue, 10-24-261-008, S 14' of S 14'2" of SM 1/5 City Lot 440 & S 1/5 City, Lot 440 1706-
1722 Central, $828.10;
Blackacre Properties, 300 Main Street Suite 330, Dubuque, IA 52001, 441 Bluff St, 10-25-
213-025, Lot 1 Copperhead Place 425-447 Bluff Street, $406.88;
Jackson Square Estates, 3500 Dodge Street #387, Dubuque, IA 52003, 1575 Washington,
10-24-281-010, Lot 1-N 1/2 of 80 East Dubuque Add, $139.66;
Jackson Square Estates, 3500 Dodge Street #387, Dubuque, IA 52003, 1597 Washington,
10-24-281-008, Lot 1 & 2 of the Sub 1-81 East Dubuque Add, 1597-1599 Washington, $72.20;
Dubuque Property Management, 1766 Central Avenue, Dubuque, IA 52001, 651 W. 11th,
S 100'-W61'-S1/2-Lot 822 A McDaniels Sub 641-649, W 11th Street, $54.90;
Five Star Realty Investments LLC, 1911 Hummingbird Dr, Dubuque, IA 52002, 636
Jefferson, 10-24-389-002, N 50' of N 96'6" of Lot 36 Farley's Sub 634-636, Jefferson, $69.80;
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Citifinancial, Inc., 7467 New Ridge Road Suite 222, Hanover, MD 21076, 328 N. Booth, 10-
26-279-013, Lot 16 T S Nairns Dubuque, $595.00;
Cletus Raymond Zimmerman, P O box 2388, Davenport, IA 52809, 2139 Jackson , 10-24-
208-015, N 27.4'-E 1/2-Lot 37 L H Langworthy's Add, $800.00;
Jeremy P. Kass, 26928 200th Street, Bellevue, IA 52031, 2107 Jackson, 10-24-208-023,
Lot 1-1-1-1 of "Sub of N 54'-E 1/2-40 & E 1/2-39, L H Langworthy's Add, $590.00;
William J. Finn, 1860 Heeb St, Dubuque, IA 52001, 2010 Shelby, 10-24-134-046, Lots 13 &
14 Marshs Add, $585.00;
Kristy A. Monahan-Smith, 2521 Stafford St, Dubuque, IA 52001, 2521 Stafford St, 10-13-
410-024, Lot 2-1 & E 1/2 of 4-2 Geigers, $590.00;
Mary Ann & Frances Heles, 1360 Cummins St, Dubuque, IA 52001, 1360 Cummins, 10-24-
353-025, Lot 19-3 Min Lot 90 & Lot 1-5-1 Min Lot 89 & Lot 2-1-6, Blk 2 Hamblin Sub, $95.00;
Dubuque Property Management, 1766 Central Ave, Dubuque, IA 52001, 432 Emmett, 10-
25-260-023, E 17' Lot 5 of City Lot 601 & W 33' Lot 5 of City Lot, 601 432-436 Emmett,
$440.00;
Mortage Electronic, Reg Sys Inc C/O EMC Mortgage, Irving, TX 75039, 909 Hidden Ridge
Suite 200, 505 Kaufmann Ave, 10-24-102-002, Cornelia Place All, $585.00;
Wells Fargo Bank, One Home Campus, Des Moines, IA 50328, 2500 Washington St, 10-13-
336-024, Lot 35 E Langworthys Add, $480.00;
Rodney N & Karen A Errthum, 39411 Errthum RD, Holy Cross, IA 52053, 1877 Jackson,
10-24-257-011, NM 1/5 City Lot 490, $630.00;
Double Q Corporation, 811 Valley View, East Dubuque, IL 61025, 1403 Lincoln Ave, 11-18-
158-016, Lot 1-1-102 McCraney's 1st Add, $55.00;
Robert J & Maribeth P. Devereaux, P O Box 684, Elk Grove Village, IL 60009, 2850
Burlington, 10-14-428-006, Lot 73 McDaniel's Park Hill Add, $65.00;
Jerryl Lee Gesie, 21392 Crystal Drive, Dubuque, IA 52001, 321 Valeria, 10-24-128-001, Lot
1-130 L H Langs Add, $430.00;
Todd M Strub, 2096 Broadlawn Rd, Dubuque, IA 52001, 2096 Broadlawn, 10-22-403-001,
Lot 12 Blk 4 Hillcrest Park, $645.00;
Scott A Runde, P O Box 704, Cuba City, WI 53807, 35 W 15th St, 10-24-403-009, E 1/2-S
88'-E 1/2-S 2/5 of City Lot 454 35-35 1/2 W. 15th St., $205.00;
Julie A & David A. Lott, 265 Alpine Street, Dubuque, IA 52001, 1302 Lincoln, 11-18-305-
009, Lot 88 McCraney's 1st Add, $175.00;
James P & Paula M. Bodish, 15133 Old Highway Road, Peosta IA 52068, 2076
Washington , 10-24-215-001, W 59' of S 42' of Lot 1-97 L H Langworthy's Add, 2076-2078
Washington, $205.00;
Christina M & Lucille M. Atchison c/o Kathleen Grimme, 435 Glen Oak Street, Dubuque, IA
52001, 613 W 17th, 10-24-308-009, N 52' of Lot 2 Quigleys Sub of 712, $115.00;
Theresa Etal Glasser, 941 High Bluff Street, Dubuque, IA 52001, 941 High Bluff Street, 10-
13-437-017, S 1/2 of Lot 40 Hooper's Add, $325.00;
Frugal Mule Properties LLC, 50 Apple Hill Drive, Blue Mounds, WI 53517, 695 Hill St, 10-25-
133-034, Lot 1-2-1-39 Kellys Sub, $125.00;
Joseph A & Janice Healey, 804 Rose Street, Dubuque, IA 52001, 1795 Washington, 10-24-
263-011, Lot 2-2-E 1/2-Lot 91 East Dubuque Add, $205.00;
Dubuque Property Management, 1766 Central Avenue, Dubuque, IA 52001, 1485 Cornell,
10-24-332-024, Lots 1 & 2 Yates & Picketts 1485-1485 1/2 Cornell, $175.00;
TOTAL: $9,741.54
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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.
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.
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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.
RESOLUTION NO. 105-08
Whereas, applications for Beer Permits have been submitted and filed to this Council for
approval and the same have been examined and approved: and
Whereas, the premises to be occupied by such applicants were inspected and found to
comply with the Ordinances of the City and have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named applicants a
Beer Permit.
CLASS “B” BEER PERMIT
Central Coast Hospitality Panchero’s Mexican Rest 4840 Asbury Road
+(Sunday/Outdoor Sale)
Passed, approved and adopted this 7th day of April, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 106-08
Whereas, applications for Liquor Licenses have been submitted to this Council for approval
and the same have been examined and approved; and
Whereas, the premises to be occupied by such applicants were inspected and found to
comply with the State Laws and all City Ordinances relevant thereto and they have filed proper
bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named applicants a
Liquor License.
CLASS “C” BEER/LIQUOR LICENSE
Mary Lou Kamp Noonan’s Tap+(Sunday Sale) 1618 Central Avenue
Knights of Columbus #510 Knights of Columbus # 510+(Sunday 781 Locust Street
Sale)
Heim-Enterprises Hudson’s Classic 2345 NW Arterial
Grill+(Sunday/Outdoor Sale)
Passed, approved and adopted this 7th day of April, 2008
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
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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.
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.
RESOLUTION 107-08
RESOLUTION OF 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
Whereas, North Cascade Road Developers, LLC is the current owner of the portion of
former Block 4 of Henschel Addition in the City of Dubuque, Iowa where a sanitary sewer
exists; and
Whereas, a 20-foot wide sanitary sewer easement is currently platted on said lot; and
Whereas, Buesing & Associates, Inc. has proposed to vacate an existing 20-foot wide
sanitary sewer easement on said lot and replat the easement location as shown in Lot C
Timber-Hyrst Estates #2.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa, intends to dispose of its 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.
Section 2. That a new sanitary sewer easement location is shown on Lot C of the Final Plat
of Timber-Hyrst Estates #2.
Section 3. That all conditions stated and agreed to on Page 1 of the Grant of Easement for
Sanitary Sewer recorded as Instrument No. 4658-96 on April 24, 1996 in the Office of the
Dubuque County Recorder are still in effect.
Section 4. That the City Clerk be and is hereby authorized and directed to cause a notice to
be published as prescribed under Section 362.3 Code of Iowa.
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Passed, approved and adopted this 7 day of April, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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
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setting a public hearing for a meeting to commence at 6:30 p.m. on April 21, 2008, in the
Historic Federal Building.
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
Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the
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Property); Lot 1 of Dubuque Industrial Center West 8 Addition in the City of Dubuque, Iowa;
and
Whereas, City and Progressive Packaging, LLC have entered into a Development Agreement,
subject to the approval of the City Council, a copy of which is now on file at the Office of the City
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Clerk, City Hall, 13 and Central Avenue, Dubuque, Iowa, pursuant to which City will convey the
Property to Progressive Packaging, LLC as shown on Exhibit A attached hereto; and
Whereas, the City Council has tentatively determined that it would be in the best interests of
the City to approve the Development Agreement, including the conveyance of the Property to
Progressive Packaging, LLC; and
Whereas, it is deemed necessary and advisable that City should authorize Urban Renewal
Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of Iowa, and to
enter into the Development Agreement relating thereto for the purpose of carrying out an
Urban Renewal Plan as hereinafter described; and
Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa
requires that the City Clerk publish a notice of the proposal and of the time and place of the
meeting at which the City Council proposes to take action thereon and at which meeting the
City Council shall receive oral and/or written objections from any resident or property owner of
said City to such proposed action.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of its interest in the foregoing-described
Property by Deed to Progressive Packaging, LLC.
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a
notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's
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intent to dispose of the foregoing-described Property, to be held on the 21 day of April, 2008, at
6:30 o'clock p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th St.,
Dubuque, Iowa.
Section 3. The City Council will also meet at said time and place for the purpose of taking
action on the matter of authorizing Urban Renewal Tax Increment Revenue obligations and the
execution of the Development Agreement relating thereto with Progressive Packaging, LLC, the
proceeds of which obligations will be used to carry out certain of the special financing activities
described in the Urban Renewal Plan for the Dubuque Industrial Center Economic
Development District, consisting of the funding of economic developments grants to
Progressive Packaging, LLC pursuant to the Development Agreement under the terms and
conditions of said Urban Renewal Plan. It is expected that the aggregate amount of the Tax
Increment Revenue obligations is approximately $3,500,000.
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Section 4. The Clerk is hereby directed to cause at least one publication to be made of a
notice of said meeting, in a newspaper, printed wholly in the English language, published at
least once weekly, and having general circulation in said City, said publication to be not less
than four days nor more than twenty days before the date of said meeting on the issuance of
said obligations.
Section 5. That the notice of the proposed action to issue said obligations shall be in
substantially the form attached hereto.
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Passed, approved and adopted this 7 day of April, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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 Iten, and Vincent spoke
in support of their appointment.
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.
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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.
RESOLUTION NO. 109-08
A RESOLUTION APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN
FOR THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT.
Whereas, on March 3, 2008 the City Council of the City of Dubuque, Iowa set a public
hearing to approve an Amended and Restated Urban Renewal Plan (the "Plan") for the
Dubuque Industrial Center Economic Development District (the "District"); and
Whereas, the City of Dubuque's primary objective in amending this Plan is to add a Subarea
D, commonly known as the Rail Site; and
Whereas, the Long Range Planning Commission has reviewed the proposed Plan and has
found that said document is consistent with the Comprehensive Plan for the development of
the City of Dubuque as a whole and has transmitted its findings to the City Council; and
Whereas, a consultation process has been undertaken with affected taxing entities in
accordance with Chapter 403 of the Code of Iowa with no written objections or recommended
changes to the Plan received; and
Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a
public hearing on the proposed amended and restated Plan after public notice thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Amended and Restated Urban Renewal Plan for the Dubuque Industrial
Center Economic Development District, attached hereto and made reference to herein and the
addition of Subarea D, be approved.
Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and
directed to file a certified copy of the Resolution in the office of the Dubuque County Recorder.
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Passed, approved and adopted this 7 day of April, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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.
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RESOLUTION NO. 110-08
RESOLUTION 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
WHEREAS, pursuant to notice published as required by law, this Council has held a public
meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan
and Disbursement Agreement by and between the City and the Iowa Finance Authority, and
the issuance to the Iowa Finance Authority of not to exceed $2,458,000 Sewer Revenue
Capital Loan Notes to evidence the obligations of the City under said Loan and Disbursement
Agreement, for the purpose of paying costs of acquisition, construction, reconstruction,
extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer
System, including those costs associated with construction of the West 32nd Street Detention
Basin Project, and has considered the extent of objections received from residents or property
owners as to said proposal and, accordingly the following action is now considered to be in the
best interests of the City and residents thereof:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council does hereby institute proceedings and takes additional action
for the authorization of a Loan and Disbursement Agreement by and between the City and the
Iowa Finance Authority, and the issuance to the Iowa Finance Authority in the manner required
by law of not to exceed $2,458,000 Sewer Revenue Capital Loan Notes for the foregoing
purpose.
Section 2. That this Council does hereby consent to the terms and conditions of the SRF
Loan Program, which terms and conditions and the disclosures provided with respect thereto
are hereby acknowledged, accepted and approved.
Section 3. That the Finance Director, with the assistance of the City Attorney and bond
counsel, is hereby authorized and directed to proceed with the preparation of such documents
and proceedings as shall be necessary to authorize the City's participation in the SRF Loan
Program, to select a suitable date for final Council authorization of the required Loan and
Disbursement Agreement and issuance of the Note to evidence the City's obligations
thereunder, and to take such other actions as the Finance Director shall deem necessary to
permit the completion of a loan on a basis favorable to the City and acceptable to this Council.
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Passed and approved this 7 day of April, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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.
RESOLUTION NO. 111-08
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE TOWN CLOCK RENOVATION PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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That the proposed plans, specifications, form of contract and estimated cost for the Town
Clock Renovation Project, in the estimated amount of $365,000, are hereby approved.
Passed, approved and adopted this 7th day of April, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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
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.
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, IOWA
WHEREAS, the City of Dubuque (City) intends to acquire certain real property owned by
John White (Owner) legally described as follows (the Property): Lot 4 in Geo. B. Burch’s
Subdivision in the City of Dubuque, Iowa, according to the recorded plat thereof;
WHEREAS, Iowa law requires that City must make a good faith effort to negotiate with
Owner to purchase the Property before proceeding with condemnation;
WHEREAS, City caused an appraisal of the Property to be made and the appraised value of
the Property is $34,000;
WHEREAS, City has made an offer to purchase the Property for not less than its fair market
value;
WHEREAS, City has been unable after good faith negotiations to reach an agreement with
Owner for the acquisition of the Property;
AND WHEREAS, the City Council finds that there is a reasonable expectation the City will
be able to achieve its public purpose, comply with all applicable standards, and obtain the
necessary permits.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA, AS FOLLOWS:
Section 1. The City Manager and the City Attorney are hereby authorized to commence
eminent domain proceedings for the acquisition of the Property and to take such further action
as may be necessary for the acquisition of the Property.
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Passed, adopted and approved this 7 day of April, 2008.
Roy D. Buol, Mayor
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Attest: Jeanne F. Schneider, CMC, City Clerk
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.
RESOLUTION NO. 113-08
RESOLUTION AUTHORIZING CONTRACT WITH IIW ENGINEERS & SURVEYORS, P.C.
FOR THE DESIGN AND ENGINEERING OF DUBUQUE INDUSTRIAL CENTER WEST –
CHAVENELLE COURT
Whereas, the proposed site for Hormel Food Corporation project requires the construction
of a new street called Chavenelle Court; and
Whereas, it is essential to design and construct Chavenelle Court in 2008 to accommodate
the Hormel construction project; and
Whereas, the City Council has approved a RISE application to the Iowa Department of
Transportation for funding of Chavenelle Court; and
Whereas, the City has remaining funds from a GO Bond sale to provide local match,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. IIW Engineers & Surveyors, P.C. is hereby awarded a contract to provide design
and construction engineering services for Dubuque Industrial Center West – Chavenelle Court
for a not to exceed amount of $92,100.
Section 2. The Mayor is hereby authorized to sign a contract and detailed scope of services
with IIW Engineers & Surveyors, P.C. for the proposed engineering work.
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Passed, approved and adopted this 7 day of April, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
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.
RESOLUTION NO. 114-08
A RESOLUTION 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.
Whereas, the State of Iowa Department of Economic Development (IDED) has the
Enterprise Zone program to provide benefits and incentives for redevelopment and
reinvestment in areas of a community that meet certain eligibility criteria; and
Whereas, the City of Dubuque, Iowa has identified an area which meets the eligibility
requirements; and
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Whereas, the City Council of Dubuque, Iowa has determined that said expansion of
Enterprise Zone - 2 will provide financial assistance to assist in rehabilitating properties in the
expansion area; and
Whereas, the City of Dubuque, Iowa is eligible to submit an application for the Enterprise
Zone program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the filing of an application for an Enterprise Zone expansion of the City’s
existing Enterprise Zone - 2 is approved.
Section 2. That the schedule of value-added property tax exemption for this Enterprise Zone
shall be One Dollar ($1.00) per year for ten years.
Section 3. That the Mayor is hereby authorized and directed to execute, on behalf of the
City Council of the City of Dubuque, Iowa, the appropriate application materials.
Section 4. That the City Manager is directed to submit the application to the Iowa
Department of Economic Development together with such documents as may be required.
Section 5. That, once the Enterprise Zone is recertified, a copy of this resolution and all
supporting documents be forwarded to the City Assessor.
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Passed, approved and adopted this 7 day of April, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
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 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
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.
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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
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