1 19 21 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in a special session at 5:00 p.m. on January 19, 2021.
Due to the COVID-19 pandemic and mandates for social distancing, this meeting was
conducted virtually via GoToMeeting and aired live on CityChannel Dubuque (Mediacom
cable channels 8 and 117.2) and streamed live on the City's Facebook page at
www.facebook.com/cityofdubuque. The meeting was scheduled to stream live on the
City's website at www.citvofdubuque.org/media, but the live stream did not occur due to
technical difficulties. The archived meeting video is available on the City's website.
Present: Mayor Buol; Council Members Cavanagh, Jones, Lynch, Resnick, Roussell,
Sprank; City Manager Van Milligen, City Attorney Brumwell.
Mayor Buol read the call and stated this is a special session of the City Council called
for the purpose of conducting a work session on the Arts and Culture Master Plan.
WORK SESSION
ARTS & CULTURE MASTER PLAN UPDATE
Arts & Cultural Affairs Coordinator Jenni Petersen -Brant and network partners
provided an update on the implementation of the City's Arts and Culture Master Plan.
Network partners who spoke were: Kurt Strand, President, and CEO, Dubuque County
Historical Society; Erin Dragotto, National Mississippi River Museum, and Aquarium; Ali
Levasseur, Chairwoman, Dubuque County Fine Arts Society; Gary Stoppelman,
Executive Director, Dubuque Museum of Art; and Sandy Helgerson, Executive Director,
Dubuque Arboretum and Botanical Gardens. Topics included:
• Arts & Cultural Affairs Coordinator and Advisory Commission
• Task Force & Working Group Volunteers
• Arts & Culture Partners in Dubuque
• The need for an Arts & Culture Master Plan and Timeline
• Goals, Priorities, Strategies, and Other Considerations
• Priority #1: Promote and Support Arts & Culture as Dubuque's Competitive Edge
o Art on the River, Voices Murals
• Priority #2: Boost Capacity for Arts & Culture to Thrive
o City Grant Programs, Private and Other Investment
• Priority #3: Foster Engagement at All Levels
o Dubuque Renaissance Project, Cultural Asset Mapping, Northeast Iowa
School of Music
• Priority #4: Cultivate Connections
o Art En Route, Solidarity Mural
• Recommendations
Ms. Petersen -Brant responded to questions from the City Council following the
presentation.
There being no further business, Mayor Buol declared the meeting adjourned at 6:20
p.m.
/s/Adrienne N. Breitfelder, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in a regular session at 6:30 p.m. on January 19, 2021.
Due to the COVID-19 pandemic and mandates for social distancing, this meeting was
conducted virtually via GoToMeeting and aired live on CityChannel Dubuque (Mediacom
cable channels 8 and 117.2) and streamed live on the City's Facebook page at
www.facebook.com/cityofdubuque. The meeting was scheduled to stream live on the
City's website at www.cityofdubugue.org/media, but the live stream did not occur due to
technical difficulties. The archived meeting video is available on the City's website.
Present: Mayor Buol; Council Members Cavanagh, Jones, Lynch, Resnick, Roussell,
Sprank; City Manager Van Milligen, City Attorney Brumwell.
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
PLEDGE OF ALLEGIANCE
PRESENTATION(S)
1. COVID-19 Update: Mary Rose Corrigan, Public Health Specialist for the City of
Dubuque, provided an update on the COVID-19 pandemic and response activities.
PROCLAMATION(S)
1. Dubuque Eagles "Eyes on the Future" Month (January 2021) was accepted by
Michael Duehr of the Dubuque Fraternal Order of Eagles
CONSENT ITEMS
Request by Council Member Sprank to hold Consent Item #13, Iowa Department of
Inspections and Appeals New Interagency Agreement, for a separate discussion. Motion
by Resnick to receive and file the documents, adopt the resolutions, and dispose of as
indicated except for Consent Item #13. Seconded by Sprank. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council proceedings of 1/4; Community
Development Advisory Commission of 1/6; Historic Preservation Commission of 12/17;
Zoning Advisory Commission of 1/6; Zoning Board of Adjustment of 12/17; Proof of
publication on City Council proceedings of 12/7, 12/11; Proof of publication for List of
Claims and Summary of Revenues for the month ending 11/30. Upon motion, the
documents were received and filed.
2. Notice of Claims and Suits: Jayne David for personal injury; Shane and April Hanson
for property damage; Jordan Koehler for vehicle damage; Nathan and Amanda Salzmann
for property damage; Becky Wolf and Chuck Minnick for property damage. Upon motion,
the documents were received, filed, and referred to the City Attorney.
3. Disposition of Claims: City Attorney advised that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities
Assurance Pool: Jayne David for personal injury; Jordan Koehler for property damage;
Nathan and Amanda Salzmann for property damage; Becky Wolf and Chuck Minnick for
property damage. Upon motion, the documents were received, filed, and concurred.
4. Approval of City Expenditures: City Manager recommended City Council approval
for payment of City expenditures. Upon motion, the documents were received and filed,
and Resolution No. 7-21 Authorizing the Director of Finance and Budget/City Treasurer
to make certain payments of bills that must be paid and approved for payment in
accordance with City procedures was adopted.
RESOLUTION NO. 7-21
AUTHORIZING THE DIRECTOR OF FINANCE AND BUDGET / CITY
TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID
AND APPROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES
Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides
that the Finance Director -City Treasurer shall keep an accurate account of all
disbursements, money, or property, specifying date, to whom, and from what fund paid;
and
Whereas, the invoices, presented by those firms and persons providing such goods
and services have been pre -audited by Finance Department personnel in accordance
with generally accepted internal control procedures and have been determined to have
been requisitioned for a lawful municipal purpose; and
Whereas, the Finance Director -City Treasurer has provided a list of Expenditures
attached hereto, and by this reference made a part hereof, to be drawn to pay for goods
and services provided for City purposes; and
Whereas, the City Council of the City of Dubuque has heretofore, by Resolution
142-18 adopted May 7, 2018, authorized the Finance Director -City Treasurer to issue
checks in payment of certain expenditures known as Exception Expenditures prior to
City Council approval and such list is attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA THAT:
Section 1. The Finance Director -City Treasurer is hereby authorized to issue
payment for goods and services provided for City purposes in response to the
purchase orders and contracts issued in compliance with state and municipal code
requirements as requested by designated requisitioning authorities in accordance with
approved budget appropriations.
Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and
Finance Director are hereby authorized and directed to provide the statement of
receipts and disbursements to the City Council, and to publish a summary thereof.
Passed, approved, and adopted this 19t" day of January, 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
5. Memo Recording Award of Chaplain Schmitt Island Fiber Collaboration Project: City
Manager recommended that the award for the Chaplain Schmitt Island Fiber
Collaboration Project be officially recorded in the minutes of the City Council. Upon
motion, the documents were received, filed, and made a Matter of Record.
6. Modifications to Original Approval Plans and the Final Plat of North Grandview
Estates No. 2 in 2006, in the City of Dubuque, Iowa: City Manager recommended
approval of a resolution for modification to the original approval plans and the Final Plat
of North Grandview Estates No. 2 in 2006. Upon motion, the documents were received
and filed, and Resolution No. 8-21 Approving modifications to the original approval of
plans and the Final Plat of North Grandview Estates No. 2 in 2006, in the City of Dubuque,
Iowa was adopted.
RESOLUTION NO. 8-21
A RESOLUTION APPROVING MODIFICATIONS TO THE ORIGINAL APPROVAL
OF PLANS AND THE FINAL PLAT OF NORTH GRANDVIEW ESTATES NO.2 IN 2006,
IN THE CITY OF DUBUQUE, IOWA.
Whereas, by resolution 308-06 the City Council approved a Final Plat of North
Grandview Estates No. 2 in the City of Dubuque; attached as Exhibit A, and
Whereas, the Final Plat and subsequent Agreement with the prior owner (Instrument
No. 2005-6151), and Amended Agreement Inst. No. 2007-4829, laid out a plan and
requirements for development of North Grandview Estates, No. 2; and
Whereas, the development of North Grandview Estates No. 2 never came to fruition
and a foreclosure of the property resulted in the property sitting idle for many years; and
Whereas, Ehrlich Properties, L.L.C. (Developer) acquired the property in 2018 and
desires to develop the property for housing; and
Whereas, from the time the original Final Plat and plans were approved for the
development a number of regulatory standards have changed making development
according to the original plans impossible, and
Whereas, City staff has worked with Developer to identify the components from the
original plan, plat, and agreements which are still feasible and those requiring modification
for compliance with current code provisions, and
Whereas, Developer also acquired Lot 2-1-1 of Mineral Lot 359 in the City of Dubuque
abutting North Grandview Estates No. 2 (hereinafter "Adjacent Property");
Whereas, the City and Developer are prepared to agree to a number of specific items
to facilitate development of North Grandview Estates No. 2 and the Adjacent Property,
including modifications to the previously approved plat, plans, and governing agreements
which need to be memorialized.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Developer understands that certain elements of the development are eligible
for City assistance through a Housing Tax Increment Financing (TIF) Agreement and
understands those elements cannot be constructed until a separate Housing Tax
Increment Financing (TIF) Agreement is finalized and approved. The specific Housing TIF
eligible elements include:
Fiber Conduit and Vaults,
Curb underdrain, and
Private Retaining Wall.
Section 2. Developer acknowledges reviewing all applicable plats, plans, and
governing agreements related to the 2006 approval for the development to identify
differences between 2006 standards and current standards.
Section 3. Unless otherwise stated herein or approved as part of a modified plan
approval, Developer agrees to the terms, conditions, and approvals contained in the
previous plats, plans, and governing agreements.
Section 4. Developer shall dedicate public right-of-way as shown on Exhibit B as Lot
A of Lot 25 of North Grandview Estates No. 2.
Section 5. Developer shall receive an easement from City for the retaining wall
necessary for street construction, which in 2006 did not encroach on City right-of-way but
with changes in standards must now be larger and will encroach on public right-of-way.
Section 6. Developer understands the City holds $175,001 to be put toward the
construction of Helen Ridge Court from which Developer may request reimbursement for
the construction of Helen Ridge Court as follows:
Upon completion of the street base, curb, and gutter and first lift of asphalt on Helen
Ridge Court, Developer shall obtain City inspection and approval and submit actual costs
of construction for review. Upon approval, Developer shall be reimbursed for actual
expenditures but not to exceed eighty-five percent (85%) of the funds held by the City.
Upon completion of the second lift of asphalt Developer shall obtain City inspection
and approval and submit actual costs of construction for review. Upon approval,
Developer shall be reimbursed for actual expenditures, but not to exceed the remaining
fifteen percent (15%) of the funds held by the City.
Section 7. City shall televise the previously installed water and sewer utilities to identify
any necessary repairs. City may arrange for repairs or reimburse Developer for actual
costs of necessary repairs. Developer shall submit actual costs for review and approval
by City.
Section 8. Developer will install fiber conduit and vaults, curb underdrain, the larger
retaining wall, and an entrance to a stub street off the Helen Ridge Court cul-de-sac as
shown on Exhibit B as Lot A of Lot 25 of North Grandview Estates No. 2. to provide access
to the Adjacent Property.
Section 9. Developer shall provide a 3% inspection fee for all public improvements.
Section 10. Developer shall provide 110% securities for all public improvements except
for street improvements, for the maintenance period of 2 years.
Section 11. Developer shall reimburse City for water and sanitary sewer installation as
will be outlined in the Housing TIF Agreement.
Section 12. Developer shall ensure Developer possesses clear title to the detention
pond lots, and upon confirmation of clear title, shall deed detention pond lots to City.
Section 13. Developer understands and acknowledges the retaining wall will remain
privately owned by Developer or the Developer's successors, assigns and/or transferees,
and the City takes no ownership or maintenance interest or obligation for the retaining
wall.
Section 14. Developer agrees:
To reduce Helen Ridge Court (Lot A) to grade and to construct concrete curb and gutter
and to hard surface with asphaltic concrete, or with concrete paving with integral curb and
curb underdrain all in accordance with the City of Dubuque standard specifications, all in
a manner acceptable to the City Engineer, in conformance with construction improvement
plans approved by the City Engineer, and inspected by the City Engineer;
To install sanitary sewer service laterals and water service laterals to the Adjacent
Property (Lot 2-1-1 of Mineral Lot 359), and storm sewers and catch basins, boulevard
street lighting and metered lighting controller, fiber optic conduit and vaults, private
retaining wall, curb ramps, and stub street extensions to Lot 2-1-1 of Mineral Lot 359, and
erosion control devices all in accordance with the City of Dubuque standard
specifications, all in a manner acceptable to the City Engineer, and in accordance with
construction improvement plans approved by the City Engineer, and inspected by the City
Engineer;
To construct said improvements, prior to two (2) years from the date of acceptance of
this resolution, at the sole expense of the owners, or future owner;
To construct storm water detention facilities in a manner acceptable to the City
Engineer, in accordance with construction improvement plans approved by the City
Engineer, prior to grading associated with the proposed streets;
To maintain the above public improvements, for a period of two (2) years from the date
of the acceptance of those improvements by the City of Dubuque, Iowa, at the sole
expense of the owners, or future owner. However, this provision imposes no obligation
on the owner or future owners to maintain the sanitary sewer service laterals, water
service laterals, water main or sanitary sewer main excepting only the sanitary sewer
service laterals and water service laterals to the Adjacent Property (Lot 2-1-1 of Mineral
Lot 359);
Section 15. That the City's residential street width standard is hereby waived to allow
construction of Helen Ridge Court with 27-foot of paving and 42-foot of right-of-way.
Parking on Helen Ridge Court shall be restricted to the north and west sides of the street.
Section 16. Sidewalk installation shall be the responsibility of the owner abutting the
public rights -of -way, including lots with multiple frontages, as required byCity Code 16-
11-16. The responsibility shall extend to all successors, heirs, and assignees. Sidewalk
installation will not be required until the development of the lot has been completed,
except as required herein. In sparsely developed subdivisions, sidewalks on developed
lots will not be required until 50% of the lots approved by the plat have been developed.
All vacant lots shall have sidewalks installed upon development of 80% of the lots
approved by the plat.
Section 17. The Developer will maintain the detention facilities constructed as part of
North Grandview Estates Subdivision No. 2 until it has been fully completed and 80% of
the sum of the platted lots in the entire North Grandview Estates No. 2 is fully developed
and the remaining 20% of these lots have installed adequate erosion control measures
as approved by the City. Upon the City's acceptance of the detention facility, the
maintenance expenses incurred by the City of Dubuque for the storm water detention
facility (lots 10 and 12) shall be assessed against the lot owners of North Grandview
Estates No. 2, in equal amounts, and the City Manager shall certify such costs to the City
Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and
such costs shall then be collected with and in the same manner as general property taxes
in accordance with provisions of law.
Section 18. That the final acceptance of all public improvements shall occur upon
certification of the City Engineer to the City Council that all public improvements have
been completed in accordance with the improvement plans and City standard
specifications and accepted by City Council Resolution.
Section 19. That in the event Developer fails to execute the acceptance and furnish
the guarantees provided in Section 9 and 10 hereof within 180 days after the date of this
Resolution, the provisions hereof shall be null and void and the acceptance of the
dedication and approval the plat shall not be effective.
Section 20. This Agreement is subject to City approval of the Amended Plat as
submitted by the Developer.
Passed, approved, and adopted this 19t" day of January, 2021
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
7. Acceptance of Sanitary Sewer Improvements across Part of Lot 1 of Sara S. and
Edward R. Bartels Addition, in the City of Dubuque, Iowa: City Manager recommended
acceptance of the public sanitary sewer improvements that the developer, Ichiban Realty,
LLC, has recently completed across Part of Lot 1 of Sara S. and Edward R. Bartels
Addition in the City of Dubuque, Iowa. Upon motion, the documents were received and
filed, and Resolution No. 9-21 Accepting Public Sanitary Sewer Improvements across
Part of Lot 1 of Sara S. and Edward R. Bartels Addition, in the City of Dubuque, Iowa was
adopted.
RESOLUTION NO. 9-21
ACCEPTING PUBLIC SANITARY SEWER IMPROVEMENTS ACROSS PART OF
LOT 1 OF SARA S. AND EDWARD R. BARTELS ADDITION, IN THE CITY OF
DUBUQUE, IOWA
Whereas, pursuant to Sanitary Sewer Construction Agreement dated October 22,
2020, a copy of which is attached hereto, certain public improvements including sanitary
sewer and appurtenances, were installed by Ichiban Realty, LLC; and
Whereas, the improvements have been completed and the City Manager has
examined the work and has filed a certificate stating that the same has been completed
in accordance with the plans approved by the City Council and in conformance with City
specifications, and has recommended that the improvements be accepted by the City
Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the City Manager be approved and that said
public improvements across Part of Lot 1 of Sara S. and Edward R. Bartels Addition, in
the City of Dubuque, Iowa, be and the same is hereby accepted.
Section 2. That a maintenance guarantee covering said public improvements shall be
provided by the owners, Ichiban Realty, LLC, for a period of two (2) years from the date
of this resolution.
Passed, approved and adopted this 19th day of January 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
8. Acceptance of Cedar Street Force Main Air Vacuum Release Valve Replacement
Project: City Manager recommended acceptance of the public improvement contract for
the Cedar Street Force Main Air Vacuum Release Valve Replacement Project, as
completed by Tschiggfrie Excavating Co., in the final contract amount of $185,397.81.
Upon motion, the documents were received and filed, and Resolution No. 10-21
Accepting the Cedar Street Force Main Air Vacuum Release Valve Replacement Project
and authorizing the payment to the contractor was adopted.
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ACCEPTING THE CEDAR STREET FORCE MAIN AIR VACUUM RELEASE VALVE
REPLACEMENT PROJECT AND AUTHORIZING THE PAYMENT TO THE
CONTRACTOR
WHEREAS, the public improvement contract for the Cedar Street Force Main Air
Vacuum Release Valve Replacement Project (the Project) has been completed by the
Contractor, Tschiggfrie Company, Inc. (Contractor), the City Engineer has examined the
work and recommends that the Project be accepted; and
WHEREAS, the final contract amount for the Project is $185,397.81;
WHEREAS, the Contractor has previously been paid $176,127.92, leaving a balance
of $9,269.89; and
WHEREAS, the City Council finds that the recommendation of the City Engineer should
be accepted.
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 the balance
of the retainage of $9,269.89 as provided in Iowa Code chapter 573, and to pay such
retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code
chapter 26.13.
Passed, approved and adopted this 19th day of January 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF CEDAR STREET
FORCE MAIN AIR VACUUM RELEASE VALVE REPLACEMENT PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the Cedar Street Force Main Air Vacuum Release Valve Replacement
Project has been performed in compliance with the terms of the Public Improvement
Contract, and that the total cost of the completed work is $185,397.81.
Dated this 13t" day of January 2021.
Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 13t" day of January 2021.
Adrienne N. Breitfelder, City Clerk
9. Acceptance of 2020 Pavement Marking Project: City Manager recommended
acceptance of the construction contract for the 2020 Pavement Marking Project, as
completed by Selco, Inc., in the final contract amount of $153,227.31, which is a 0.53%
decrease from the original contract amount of $154,043.29. Upon motion, the documents
were received and filed, and Resolution No. 11-21 Accepting the 2020 Pavement Marking
Project and authorizing the payment to the contractor was adopted.
RESOLUTION NO. 11-21
ACCEPTING THE 2020 PAVEMENT MARKING PROJECT AND AUTHORIZING
THE PAYMENT TO THE CONTRACTOR
WHEREAS, the public improvement contract for the 2020 Pavement Marking Project,
(the Project) has been completed by the Contractor, SELCO, Inc. (Contractor), the City
Engineer has examined the work and recommends that the Project be accepted; and
WHEREAS, the final contract amount for the Project is $153,227.31-1
WHEREAS, the Contractor has previously been paid $145,565.95, leaving a balance
of $7,661.36; and
WHEREAS, the City Council finds that the recommendation of the City Engineer should
be accepted.
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 the balance
of the retainage of $7,661.36 as provided in Iowa Code chapter 573, and to pay such
retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code
chapter 26.13.
Passed, approved and adopted this 19t" day of January 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
10. Southwest Arterial / U.S. 52 Intelligent Transportation System Corridor — HDR
Professional Service Agreement: City Manager recommended approval and
authorization for the City Manager to execute a consultant Professional Service
Agreement with HDR Engineering, Inc. to assist in providing design services for the
development and implementation of an Intelligent Transportation System (ITS) along the
Southwest Arterial / U.S. 52 Corridor. Upon motion, the documents were received and
filed, and Resolution No. 12-21 Approving the Consultant Professional Services
Agreement between the City of Dubuque and HDR Engineering, Inc. for the development
and implementation of an Intelligent Transportation System (ITS) along the Southwest
Arterial / U.S. 52 Corridor was adopted.
RESOLUTION NO. 12-21
RESOLUTION APPROVING THE CONSULTANT PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY OF DUBUQUE AND HDR ENGINEERING, INC.
FOR THE DEVELOPMENT AND IMPLEMENTATION OF AN INTELLIGENT
TRANSPORTATION SYSTEM (ITS) ALONG THE SOUTHWEST ARTERIAL / U.S. 52
CORRIDOR
Whereas, with the Southwest Arterial / U.S. 52 completed and open to vehicular traffic,
the City and Iowa DOT wish to jointly partner together to develop and implement an ITS
network along the Southwest Arterial Corridor; and
Whereas, the City and Iowa DOT entered into a Cooperative Funding Agreement
(Agreement No. 2020-16-033) to develop and implement an ITS network along the
Southwest Arterial Corridor; and
Whereas, per the Agreement, the City will be responsible for the design and
construction and the Iowa DOT shall reimburse the City for said costs; and
Whereas, the City has selected HDR Engineering, Inc from the Iowa DOT's Traffic
Operations On -Call consultant list to assist in providing design services for the
development and implementation of an ITS network along the Southwest Arterial / U.S.
52 Corridor.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That said consultant Professional Service Agreement between the City and
HDR Engineering, Inc. to assist in providing design services for the development and
implementation of an Intelligent Transportation System (ITS) along the Southwest Arterial
/ U.S. 52 Corridor is hereby approved.
Section 2. That the City Manager is hereby authorized and directed to execute two
copies of said Professional Service Agreement between the City and HDR Engineering,
Inc. to assist in providing design services for the development and implementation of an
Intelligent Transportation System (ITS) along the Southwest Arterial / U.S. 52 Corridor.
Passed, approved and adopted this 19th day of January 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
11. Adoption of Code of Ordinances Supplement No. 2020 S-2: City Clerk
recommended adoption of Supplement No. 2020 S-2 to the City of Dubuque Code of
Ordinances that codifies Ordinances Nos. 32-20 through 51-20. Upon motion, the
documents were received and filed, and Resolution No. 13-21 Adopting Supplement No.
2020 S-2 to the Code of Ordinances of the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 13-21
ADOPTING SUPPLEMENT NO. 2020 S-2 TO THE CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA
Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No.
43-09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and
Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has
adopted certain ordinances amending the Code of Ordinances and said amendments
have been printed as supplements to the Code of Ordinances; and
Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolution,
become part of the Code of Ordinances.
Whereas, Code Supplements are prepared by the American Legal Publishing of
Cincinnati, Ohio and filed in the Office of the City Clerk of the City of Dubuque, Iowa.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Supplement No. 2020 S-2 to the City of Dubuque Code of Ordinances,
which codifies Ordinance Nos. 32-20 through 51-20 as approved by City Council through
December 7, 2020 is hereby adopted and becomes part of the Code of Ordinances of the
City of Dubuque, Iowa.
Passed, approved and adopted this 19t" day of January, 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
12. Government Finance Officers Association Certificate of Achievement for
Excellence in Financial Reporting: City Manager transmitted the notification of the City of
Dubuque receiving the Government Finance Officers Association Certificate of
Achievement for Excellence in Financial Reporting for the 31st consecutive year. Upon
motion, the documents were received and filed.
13. Iowa Department of Inspections and Appeals New Interagency Agreement: City
Manager recommended approval of the renewal 28E Agreement with the Iowa
Department of Inspections and Appeals for performance of food and hotel licensing,
inspections, and enforcement with respect to retail food establishments. Council Member
Sprank requested clarification on whether this agreement will change the nature of
inspections due to COVID-19. City Manager Van Milligen stated that this renewal is a
continuation of the City's annual agreement. Public Health Specialist Mary Rose Corrigan
added that since this agreement is an extension of the current agreement, there are no
changes to the inspection process. Motion by Resnick to receive, file, and approve the
documents. Second by Sprank. Motion carried 7-0.
14. Growing Sustainable Communities Conference Management Contract with Travel
Dubuque: City Manager recommended approval of a one-year conference management
contract with Travel Dubuque to host the 2021 Growing Sustainable Communities
Conference. Upon motion, the documents were received, filed, and approved.
15. Signed Contract(s): Public Improvement Contract: Asbury Road Fiber Optic
Collaboration - Phase 1 Project. Upon motion, the documents were received and filed.
16. Alcohol License Applications: City Manager recommended approval of annual
liquor, beer, and wine license applications as submitted. Upon motion, the documents
were received and filed, and Resolution No. 14-21 Approving applications for beer, liquor,
and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business
and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine
Licenses and Permits was adopted.
RESOLUTION NO. 14-21
APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS
REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS
AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B
LIQUOR, BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted
and filed with the City 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 the applicants have filed the proper
fees and bonds and otherwise complied with the requirements of the Code of
Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
..........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Renewals
:...................................................................................................................................................................
.
AMC Theatres Dubuque
...........................................................................................................................................
2835 NW Arterial
................................................................................................................................................................................................ .
Class C Liquor (Sunday)
14
.............................................. .......................,...........
Baymont Inn & Suites
4025 McDonald Dr.
...................................................... ....... .........
Class B Liquor (Outdoor)
_ .................................................................................................................................................................
........................................................................................................................................ `
(Sunday) _ ......................... .............. ............
Big 10 Mart
2100 J.F. Kennedy
Class E Liquor, Class B Wine,
...............................................................................................................................................,.....
Rd. ......... .........
Class C Beer Sunda
.........................(....................................Y.)........................................................._.
Brazen Open Kitchen
955 Washington St.
Special Class C Liquor
Bar
................................................................................................................................................................._
Suite #101 !
...........................................................................................................................................
(Outdoor
__ .....).....................................................................................................................................
Dubuque Golf & Country
1800 Randall PI.
Class C Liquor, Class B Wine
Club
....................................................................................................................................................................................................................................................................................................
Outdoor Sunda
(......... ) ( Y)..........................................................................._
Hy-Vee #2
2395 NW Arterial
Class E Liquor, Class B Wine,
Class C Beer Sunda
.................................(.................................... Y. )...... ...................
Hy-Vee Clubroom
400 S. Locust St.
Special Class C Liquor
................................................................................................................................................................._
...........................................................................
Sunday
(.... .......................... .............. ............
Mario's Italian
1298 Main St.
Class C Liquor, Class B Wine
Restaurant and Lounge
...... g
TownePlace Suites by
1151 Washington St.
Special Class C Liquor, Class
Marriott - Dubuque
...........................................................................................q.............................................................................................................................)........................................Y).................
B Wine (LivingQrts. Sunda
New
:...................................................................................................................................................................:...........................................................................................................................................:...............................................................................................................................................................................................:
Noonan's Tap
...........................................................................................P.........................................................................................................................................................................................................................................................................................9.......................(..................................._Y.)....................................
1618 Central Ave.
Class C Liquor Sunda
Passed, approved, and adopted this 19t" day of January 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
ITEMS SET FOR PUBLIC HEARING
City Council referenced citizen correspondence regarding Item Set For Public Hearing
#2. Sale of City -Owned Property at 1293 Walnut, in which the citizen requested
verification on whether the property will be owner -occupied. Responding to questions
from the City Council, Housing and Community Development Director Alexis Steger
stated that the property contains two lots, one currently vacant and the other containing
a residence, and the property is intended to be owner -occupied. Ms. Steger stated she
will provide the zoning classification of the property at the February 1, 2021, public
hearing. Motion by Roussell to receive and file the documents, adopt the resolutions, set
the public hearings as indicated, and direct the City Clerk to publish notice as prescribed
by law. Seconded by Cavanagh. Motion carried 7-0.
1. Ehrlich Properties, L.L.C. Housing TIF Agreement (North Grandview Estates
Housing Urban Renewal Area): City Attorney recommended the City Council set a public
hearing for February 1, 2021 regarding the Ehrlich Properties, L.L.C. Housing TIF
Agreement (North Grandview Estates Housing Urban Renewal Area). Upon motion the
documents were received and filed, and Resolution No. 15-21 Intent to approve an
Agreement between the City of Dubuque and Ehrlich Properties, L.L.C. and fixing the
date for a public hearing of the City Council of the City of Dubuque, Iowa on the proposed
reimbursement of Ehrlich Properties L.L.C. for certain infrastructure improvements as
described in the agreement with Urban Renewal Tax Increment Revenue 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 February 1, 2021 in the Historic Federal Building.
RESOLUTION NO. 15-21
INTENT TO APPROVE AN AGREEMENT BETWEEN THE CITY OF DUBUQUE AND
EHRLICH PROPERTIES, L.L.C. AND FIXING THE DATE FOR A PUBLIC HEARING
OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE PROPOSED
REIMBURSEMENT OF EHRLICH PROPERTIES L.L.C. FOR CERTAIN
INFRASTRUCTURE IMPROVEMENTS AS DESCRIBED IN THE AGREEMENT WITH
URBAN RENEWAL TAX INCREMENT REVENUE AND PROVIDING FOR THE
PUBLICATION OF NOTICE THEREOF
Whereas, City and Ehrlich Properties, L.L.C. have entered into an Agreement, subject
to the approval of the City Council, pursuant to which Ehrlich Properties, L.L.C. will cause
certain infrastructure improvements to be constructed on and within Development Property
as described in the Agreement; and
Whereas, the City Council has tentatively determined that it would be in the best interests
of City to approve the Agreement; and
Whereas, the Agreement provides for reimbursement of Ehrlich Properties, L.L.C.
payable from the tax increment revenues collected in respect of the improvements to be
constructed in accordance with the Agreement, for the purpose of carrying out the
objectives of an Urban Renewal Plan as described therein; and
Whereas, before said reimbursement 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 approve the proposed Agreement with
Ehrlich Properties, LLC
Section 2. The City Clerk is hereby authorized and directed to cause a notice to be
published as prescribed by Iowa Code Section 403.9 of a public hearing to be held on the
1st day of February, 2021 at 6:30 p.m. in the form attached hereto.
Section 3. The City Council will meet at said time and place for the purpose of acting on
the matter of authorizing the execution of the Agreement with Ehrlich Properties, L.L.C.,
pursuant to and in accordance with the North Grandview Estates Housing Urban Renewal
Area Economic Development District, including but not limited to the funding of
reimbursement for improvements under the terms and conditions of the Agreement and said
Urban Renewal Plan. It is expected that the aggregate amount of the reimbursements will
not exceed $188,000.
Section 4. The City 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.
Section 5. That the notice of the proposed action shall be in substantially the form
attached hereto.
Passed, approved, and adopted this 19t" day of January, 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
2. Sale of City -Owned Property at 1293 Walnut: City Manager recommended approval
of a resolution declaring the City's intent to dispose of property at 1293 Walnut Street and
setting the date for public hearing for February 1, 2021. Upon motion the documents were
received and filed, and Resolution No. 16-21 Intent to dispose of an interest in City of
Dubuque real estate, setting a time and place for hearing 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 February 1, 2021 in the Historic Federal Building.
RESOLUTION NO. 16-21
INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE,
SETTING A TIME AND PLACE FOR HEARING AND PROVIDING FOR THE
PUBLICATION OF NOTICE THEREOF
WHEREAS, the City of Dubuque, Iowa (City) owns 1293 Walnut (the Property) legally
described as:
The Easterly 150 feet of Lot 5 of the Subdivision of Out Lot 740 in the City of
Dubuque, Iowa; and Lot 15 & the Northerly '/2 of Lot 14 in "F. E. Bissell's
Dubuque, being the South half of Out Lot 740" in the City of Dubuque, Iowa,
according to the recorded plats thereof; and
WHEREAS, the City acquired the Property by petition as an abandoned property for the
purpose of its restoration and re -sale for owner -occupied housing; and
WHEREAS, the City received an offer to purchase this property from Affordable Housing
Network, Inc; and
WHEREAS, by accepting the selected offer the City's objectives of providing
homeownership to an income qualified buyer and rehabilitation of a vacated home can be
realized and is consistent with the City goal of creating opportunities for affordable home
ownership.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa, proposes to dispose of its interest in the
above described real estate to Affordable Housing Network, Inc for the sum of $1.
Section 2. That the City Council shall conduct a public hearing on the proposed
disposition of real estate in the City Council Chambers at the Historic Federal Building, 350
W. 6t" Street, Dubuque, Iowa on the 1st day of February 2021 beginning at 6:30 p.m.
Section 3. That the City Clerk be and is hereby authorized and directed to publish
notice of the public hearing in the form attached hereto, according to law.
Passed, approved and adopted this 19t" day of January, 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
[Due to the ongoing COVID-19 pandemic, the City Council will meet virtually through
GoToMeeting. The official agenda will be posted on Friday prior to the meeting and will
contain listening, viewing, and public input options. The City Council agenda can be
accessed at https://citvofdubugue.novusagenda.com/AgendaPubIic or by contacting the
City Clerk's Office at 563-589-4100, ctyclerk(a)-cityofdubug ue.org.]
BOARDS/COMMISSIONS
Boards and Commission Applicant Review: Applicants were invited to address the City
Council regarding their appointment to the following Boards/Commissions.
1. Building Code and Advisory Appeals Board: Seven, 3-Year terms and five alternate,
3-Year terms through January 1, 2024. Special experience and training qualifications:
One member must be a residential construction professional; One member must be a
commercial construction professional; One member must be an electrical construction
professional; One member must be a plumbing construction professional; One member
must be a heating, ventilation, and air conditioning (HVAC) construction professional; Two
multidisciplinary representatives, which could be an architect, engineer, building
designer, or general construction professional. Alternates: One alternate must be a
residential construction professional; One alternate must be a commercial construction
professional; One alternate must be an electrical construction professional; One alternate
must be a plumbing construction professional; One alternate must be a heating,
ventilation, and air conditioning (HVAC) construction professional. Applicants: (Note: all
applicants qualify as a multidisciplinary representative in addition to the qualification listed
by their name) Adam Brown, 686 S. Grandview Ave. (Qualifies as electrical construction
professional or electrical construction professional alternate); Mitchell Haufe, 1233 Miller
Rd. (Qualifies as electrical construction professional or electrical construction
professional alternate); Daniel McNamer, 2891 Northridge Dr. (Qualifies as plumbing
construction professional or plumbing construction professional alternate); Thomas
Townsend, 1940 Amelia Dr. (Qualifies as electrical construction professional or electrical
construction professional alternate); Katrina Wilberding, 3715 Asbury Rd. (Qualifies as a
multidisciplinary representatives). Mr. Brown spoke in support of his appointment and
provided a brief biography. Mayor Buol made note of correspondence received by Mr.
Haufe and Mr. Townsend in favor of their appointments.
2. Housing Appeals and Mediation Board — Newly Amended Board: Three, 3-Year term
through January 1, 2024 (Special experience and training qualifications: residents with
an interest in fair and equitable housing with an emphasis on the balance of landlords,
tenants, and other interested citizens.) Applicants: Mary Gotz, 1844 Bennett St. (Qualifies
as a Landlord); Jeff Lenhart, 1274 Locust St. (Qualifies as a tenant); Gil Spence, 975
Grove Terr. (Qualifies as an interested citizen).
3. Human Rights Commission: One, 3-Year term through January 1, 2022 (Vacant
term of Breitfelder) and One, 3-Year term through January 1, 2024 (Expiring term of
Keeler). Applicants: Pamala Birch, 1550 Betterfield Rd.; Klanea Evans, 691 '/2 Lorimer St.
This commission is subject to the State of Iowa Gender Balance Law. 9 Commissioners
total; currently 3 males/3 females/3 vacancies
4. Long Range Planning Advisory Commission: One, 3-Year term through July 1, 2022
(Vacant term of Winterwood) and One, 3-Year term through July 1, 2023 (Vacant term of
Peroski). Applicants: Justin Gross, 1225 Kelly Ln.; Mark Ward, 2758 Tiffany Crt.
PUBLIC HEARINGS
1. Request to Rezone Dubuque Industrial Center, Chavenelle Road/Northwest Arterial:
Proof of publication on notice of public hearing to consider approval of a request from
Robert Hartig/Medical Associates to rezone property located at Dubuque Industrial
Center, Chavenelle Road/Northwest Arterial from PI Planned Industrial district to C-3
General Commercial district, and Zoning Advisory Commission recommended approval.
Motion by Cavanagh to receive and file the documents and 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 passed be suspended. Seconded by Jones.
Planning Services Manager Wally Wernimont provide a staff report. Robert (Bob) Hartig,
1804 Creekwood Drive, spoke in support of the request and provided a brief description
of the project. Staff stated that no public input was received regarding this item. Motion
carried 7-0.
Motion by Cavanagh for final consideration and passage of Ordinance No. 1-21
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, by reclassifying property described as Lot 1 Dubuque Industrial Center Second
Add, all in the City of Dubuque, from PI Planned Industrial District to C-3 General
Commercial District. Seconded by Jones. Motion carried 7-0.
OFFICIAL
PUBLICATION
ORDINANCE NO. 1-21
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING PROPERTY
DESCRIBED AS LOT 1 DUBUQUE INDUSTRIAL CENTER SECOND ADD, ALL IN
THE CITY OF DUBUQUE, FROM PI PLANNED INDUSTRIAL DISTRICT TO C-3
GENERAL COMMERCIAL DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, is hereby amended by reclassifying the hereinafter —described
property from PI Planned Industrial District to C-3 General Commercial District, to wit:
Lot 1 Dubuque Industrial Center Second Add and to the centerline of the adjoining
public right-of-way, all in the City of Dubuque, Iowa.
Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect immediately upon publication as provided
by law.
Passed, approved and adopted this 19t" day of January, 2021.
/s/Roy D. Buol, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on the 22nd day of January 2021.
/s/Adrienne N. Breitfelder, City Clerk
2. Petition to Vacate a Portion of Flexsteel Way between Lots 4 and 5 in Dubuque
Industrial Center South First Addition, in the City of Dubuque, Iowa For Vacating Petition
(Simmons Pet Food Inc. Development Agreement): Proof of publication on notice of
public hearing for approval of the vacation of a portion of Flexsteel Way between Lots 4
and 5 in Dubuque Industrial Center South First Addition, in the City of Dubuque, Iowa,
and City Manager recommended approval. City Manager Van Milligen responded to a
question from the City Council regarding renaming the street from Flexsteel Way to
Simmons Way. Mr. Van Milligen stated that Simmons' Development Agreement contains
a clause to rename the street. Once this petition to vacate is approved, the renaming of
the street to Simmons Way will occur and will be on a future Council agenda. Motion by
Jones to receive and file the documents and adopt Resolution No. 17-21 Vacating a
portion of Flexsteel Way, in the City of Dubuque, Iowa, to be known as Lot 5A of Dubuque
Industrial Center South First Addition, in the City of Dubuque, Iowa. Seconded by
Cavanagh. Staff stated that no public input was received regarding this item. Motion
carried 7-0.
RESOLUTION NO. 17-21
RESOLUTION VACATING A PORTION OF FLEXSTEEL WAY, IN THE CITY OF
DUBUQUE, IOWA, TO BE KNOWN AS LOT 5A OF DUBUQUE INDUSTRIAL CENTER
SOUTH FIRST ADDITION, IN THE CITY OF DUBUQUE, IOWA
Whereas, per Resolution No. 359-20 the City of Dubuque has entered into a
development agreement with Simmons Pet Food, Inc. for the sale of City Owned property
including a portion of the Flexsteel Way right of way between Lots 4 and 5 of Dubuque
Industrial Center South First Addition; and
Whereas, the City of Dubuque has requested the vacation of a portion of Flexsteel
Way, originally platted as Lot C of Dubuque Industrial Center South First Addition, in the
City of Dubuque, Iowa, in order to convey the property to Simmons per said development
agreement; and
Whereas, the City of Dubuque Engineering Department has prepared and submitted
to the City Council a plat dated December 22, 2020 showing the proposed vacated area
of Flexsteel Way between Lots 4 and 5 of Dubuque Industrial Center South First Addition,
in the City of Dubuque, Iowa and assigned a lot number thereto, which hereinafter shall
be known and described as Lot 5A of Dubuque Industrial Center South First Addition, in
the City of Dubuque, Iowa; and
Whereas, pursuant to resolution and published notice of time and place of hearing,
published in the Telegraph Herald, a newspaper of general circulation published in the
City of Dubuque, Iowa on the 8t" day of January 2021, the City Council of the City of
Dubuque, Iowa met by virtual means on the 19t" day of January 2021, at 6:30 p.m. in the
Historic Federal Building Council Chambers (second floor), 350 West 6t" Street, Dubuque,
Dubuque County, Iowa to consider the request to vacate; and
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all
objections, oral or written to the request to vacate; and
Whereas, the City Council of the City of Dubuque, Iowa, has determined that the
proposed vacation of Lot 5A of Dubuque Industrial Center South First Addition, in the City
of Dubuque, Iowa should be approved.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the real estate described as Lot 5A of Dubuque Industrial Center South
First Addition, in the City of Dubuque, be and the same is hereby vacated.
Passed, approved and adopted this 19t" day of January 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
PUBLIC INPUT
Due to the COVID-19 pandemic and mandates for social distancing, public input was
made available through GoToMeeting chat function, City Council and City Clerk email
accounts, and the City of Dubuque's Facebook Live page. Staff stated that no online
public input was received.
ACTION ITEMS
1. Commission Recommended Actions for Analysis of Impediments to Fair Housing:
City Manager transmitted recommendations from the Human Rights Commission, the
Housing Commission and the Community Development Advisory Commission for
prioritizations from the Analysis of Impediments to Fair Housing. Motion by Sprank to
receive and file for staff for FY22 consideration. Point of order by Resnick that the item
must first be removed from the table. City Attorney Brumwell confirmed that Council must
first motion to remove the item from the table before they can take further action. Motion
by Sprank to remove Commission Recommended Actions for Analysis of Impediments to
Fair Housing from the table. Seconded by Resnick. Motion carried 7-0. City Council
expressed interest in reviewing housing data as part of the Equitable Poverty Prevention
Plan and Council goal setting. City Council expressed support of the inclusion of mobile
home parks in the commissions' recommendations and appreciated the collaborative
efforts of the commissions. Council Member Roussell asked if the motion needed to
include adopting a resolution. Mayor Buol clarified that a resolution was not included with
this item, and the suggested disposition for the item is to receive and file. Motion by
Sprank to receive and file for staff for FY22 consideration. Seconded by Roussell. Motion
carried 7-0.
2. Asbury Road Fiber Optic Collaboration — Phase 2 Project: City Manager
recommended award of the Asbury Road Fiber Optic Collaboration — Phase 2 Project
construction contract to the low bidder, TD&I Cable Maintenance in the amount of
$226,691.66, which is 5.8% below the engineer's estimate. Responding to a question
from the City Council, Civil Engineer Dave Ness stated that this project is a partnership
with Alliant Energy and that the project supports the City's long-term goals of broadband
expansion and connecting fiber infrastructure together. Motion by Resnick to receive and
file the documents and adopt Resolution No. 18-21 Awarding Public Improvement
Contract for the Asbury Road Fiber Optic Collaboration — Phase 2 Project. Seconded by
Roussell. Motion carried 7-0.
RESOLUTION NO. 18-21
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE ASBURY ROAD FIBER
OPTIC COLLABORATION — PHASE 2 PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Whereas, sealed proposals have been submitted by contractors for the Asbury Road
Fiber Optic Collaboration — Phase 2 Project, (the Project) pursuant to Resolution No. 376-
20 and Notice to Bidders published on the City of Dubuque, Iowa website and plan room
service with statewide circulation on the 23rd day of December 2020.
Whereas, said sealed proposals were opened and read on the 7th day of January 2021
and it has been determined that TD&I Cable Maintenance of Lakeland, MN, with a base
bid plus alternate bids totaling in the amount of $226,691.66 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 TD&I Cable
Maintenance and the City Manager is hereby directed to execute a Public Improvement
Contract on behalf of the City of Dubuque for the Project.
Passed, adopted, and approved this 19t" day of January 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
3. Proceedings to Amend the 2010G Stormwater Utility Revenue Capital Loan Notes
(State Revolving Fund Loan) for a Rate Reset (Refinancing) — Lower Bee Branch
Restoration Project: City Manager recommended approval of an amendment to the City
Stormwater Utility Revenue State Revolving Fund (SRF) loan agreement entered into as
of October 27, 2010. Motion by Jones to receive and file the documents and adopt
Resolution No. 19-21 Approving and authorizing Amendment to Loan and Disbursement
Agreement by and between the City of Dubuque and the Iowa Finance Authority, and
authorizing and providing for the reissuance of the Stormwater Utility Revenue Capital
Loan Note, Series 2010G (Rate Reset). Seconded by Resnick. Motion carried 7-0.
RESOLUTION NO: 19-21
A RESOLUTION APPROVING AND AUTHORIZING AN AMENDMENT TO LOAN AND
DISBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE AND
THE IOWA FINANCE AUTHORITY, AND AUTHORIZING AND PROVIDING FOR THE
REISSUANCE OF THE STORMWATER UTILITY REVENUE CAPITAL LOAN NOTE,
SERIES 2010G (RATE RESET), OF THE CITY
WHEREAS, the City of Dubuque (hereinafter the "Issuer") previously issued its
Stormwater Utility Revenue Capital Loan Note, Series 2010G, dated October 27, 2010,
in the amount of $7,850,000 (hereinafter the "Note") currently outstanding in the amount
of $6,224,000, pursuant to a Loan and Disbursement Agreement between the Issuer and
the Iowa Finance Authority, dated of like date (the "Agreement"), for the purpose of
defraying the costs of the Project (as defined in the resolution authorizing issuance of the
same (hereinafter the "Resolution")); and
WHEREAS, the Iowa Finance Authority, as Original Purchaser and current holder of
the Notes, has authorized a reduction in the interest rate on the Notes to 1.75%; and
WHEREAS, an Amendment to the Loan and Disbursement Agreement (hereinafter the
"Amendment") has been prepared to reflect said interest rate reduction, a copy of which
is attached hereto as Exhibit A; and
WHEREAS, pursuant to IRS regulations adoption of the Amendment constitutes a
reissuance of the Notes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IN THE COUNTY OF DUBUQUE, STATE OF IOWA:
Section 1. That the Resolution is hereby amended to reflect the interest rate reduction
to 1.75% per annum on the outstanding principal amount from and after December 1,
2020 for the remainder of the life of the Notes.
Section 2. That the Amendment in substantially in the form attached to this Resolution
is hereby authorized to be executed and issued on behalf of the Issuer by the Mayor and
attested by the City Clerk.
Section 3. That the Supplemental Tax Certificate regarding the uses of proceeds and
the system is hereby approved. The Director of Finance & Budget is directed to execute
the same.
Section 4. Except as amended herein, all of the other terms and conditions of the
Resolution and Agreement are in all respects ratified, confirmed and approved and shall
remain in full effect.
PASSED AND APPROVED this 19th day of January 2020.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
COUNCIL MEMBER REPORTS
Council Member Roussell reported on attending the NAACP Martin Luther King Jr.
(MLK) Student Tribute. As part of the tribute, students in grades K-12 shared how their
lives were positively impacted by MLK. Ms. Roussell also reported on attending the
annual MLK breakfast on Monday, January 18 and encouraged everyone to attend next
year's event.
Council Member Jones reported on Council Member Lynch recently being elected as
Chairman of the Board for the Dubuque Racing Association (DRA). The DRA also
approved grants for charities at its recent meeting. Mr. Jones also reported on Ward 1
residents receiving a letter from one of the Ward 1 Special Election candidates that lists
City Council as the return address. Mr. Jones stated that the letter was sent by the
candidate, and that City Council is not associated with the letter in any way. Mr. Jones
stated that any citizens who are concerned about the letter should express their concerns
to the candidate who sent the letter.
Council Member Cavanagh congratulated the Finance Department for their recent
award on Excellence in Financial Reporting. Mr. Cavanagh reported that he also attended
the MLK breakfast and that he looks forward to future breakfasts where the community
can safely gather in -person.
Mayor Buol wished everyone a Happy New Year and advised that citizens continue to
practice public health measures including social distancing, wearing masks, and
frequently washing hands.
There being no further business, Mayor Buol declared the meeting adjourned at 7:57
p.m.
/s/Adrienne N. Breitfelder
City Clerk