06 07 21 City Council Proceedings OfficialCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on June 7, 2021.
Due to the COVID-19 pandemic and mandates for social distancing, this meeting was
conducted virtually and aired live on CityChannel Dubuque (Mediacom cable channels 8
and 117.2), streamed live on the City's website at www.citvofdubuque.org/media, and
streamed live on the City's Facebook page at www.facebook.com/citvofdubugue.
Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell,
Sprank; City Attorney Brumwell. City Manager Van Milligen experienced technical diffi-
culties at the beginning of the meeting and was able to join the meeting at 6:34 p.m.
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.
City Clerk Breitfelder stated for the record that Action Item No. 8 on the agenda, Pro-
posed Ordinance Amendment to Incorporate Rent Abatement and Escrow Accounts, was
removed from the meeting at the request of the City Manager.
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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. Ms.
Corrigan responded to questions from the City Council following her presentation.
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Motion by Resnick to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Council Member Jones requested Item Nos. 12, 13, and 15 be held
for separate discussion. Council Member Resnick amended his motion to receive and file
the documents, adopt the resolutions, and dispose of as indicated except for Item Nos.
12, 13, and 15. Seconded by Jones. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council Proceedings of 5/17 and 5/19; Cable
TV Commission of 3/10; Community Development Advisory Commission of 5/19; Housing
Commission of 5/11; Human Rights Commission of 4/12; Library Board of Trustees of
5/27; Proof of Publication for City Council Proceedings of 5/3. Upon motion the docu-
ments were received and filed.
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2. Notice of Claims and Suits: Jacqueline Clasen for personal injury; Steve Haferbecker
for property damage; Mediacom/PRG 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 As-
surance Pool: Jacqueline Clasen for personal injury; Steve Haferbecker for property dam-
age; Mediacom/PRG 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. 176-21 Authorizing the Director of Finance and Budget/City Treasurer
to make certain payments of bills that must be paid and approved for payment in accord-
ance with City procedures was adopted.
RESOLUTION NO. 176-21
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 at-
tached 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 re-
quested by designated requisitioning authorities in accordance with approved budget ap-
propriations.
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 dis-
bursements to the City Council, and to publish a summary thereof.
Passed, approved, and adopted this 7t" day of June 2021.
Roy D. Buol, Mayor
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Attest: Adrienne N. Breitfelder, City Clerk
5. Resolution Approving Fund Transfers for Capital Projects and Other Expense
Reimbursements in Fiscal Year 2021: City Manager recommended approval of the sug-
gested proceedings approving a transfer of funds for capital projects and other expense
reimbursements. Upon motion the documents were received and filed, and Resolution
No. 177-21 Authorizing the Director of Finance and Budget to make the appropriate in-
terfund transfers of sums and record the same in the appropriate manner for the FY 2021
for the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 177-21
AUTHORIZING THE DIRECTOR OF FINANCE AND BUDGET TO MAKE THE APPRO-
PRIATE INTERFUND TRANSFERS OF SUMS AND RECORD THE SAME IN THE AP-
PROPRIATE MANNER FOR THE FY 2021 FOR THE CITY OF DUBUQUE, IOWA
Whereas, Iowa Administrative Rules Code Section 545-2.5(5) implements Iowa Code
Section 384.18 and provides that the City Council shall approve all transfers of moneys
from one budgeted fund to another budgeted fund as provided in Iowa Administrative
Rules Code Section 545-2.5(5).
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Authorize the Director of Finance and Budget to Transfer Funds. That the
Director of Finance and Budget be and is hereby authorized by the City Council to make
the appropriate interfund transfer of sums and record the same in the appropriate manner
for FY 2021.
Section 2. Transfer of Funds. That the Director of Finance and Budget will transfer the
following sums and to record the same in the appropriate manner:
1. Transfer from the Stormwater Construction Fund to the Sales Tax Increment Fund
$40,719.83 for Flood Control Maintenance Facility.
2. Transfer from General Fund to the Section 8 Fund $335,104.00 for the deficit related
to HUD administrative funding.
3. Transfer from the General Fund to the DRA Distribution Fund $1,811,586.00 for
budgeted capital projects.
4. Transfer from General Fund to Transit Fund $1,770,145.00 for the Transit Levy and
reimbursement of the downtown shuttle.
5. Transfer from the General Fund to the Sanitary Sewer Fund $27,029.00 for reim-
bursement of 50% rate reduction.
6. Transfer from the General Fund to the Water Fund $19,660.00 for reimbursement
of 50% rate reduction.
7. Transfer from the General Fund to the Refuse Fund $38,340.00 for reimbursement
of 50% rate reduction.
8. Transfer from General Fund to the Sanitary Sewer Fund $55,754.00 for the Force
Main Stabilization Project.
9. Transfer from DRA Distribution Fund to Airport Construction Fund $48,868.00 for
Old Airline Terminal Assessment Project.
10. Transfer from DRA Distribution Fund to Transit Fund $82,456.00 for Minibus Re-
placements.
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11. Transfer from DRA Distribution Fund to the Stormwater Operating Fund
$98,981.00 for stormwater subsidies related to tax exempt entities, farms, and half
rate for income qualified.
12. Transfer from the Tort Liability Fund to the General Fund $378,829.92 for the cost
of liability insurance.
13. Transfer from the Trust & Agency Fund to the General Fund $3,165,352.73 for the
cost of employee benefits.
14. Transfer from the Dubuque Industrial Center Tax Increment Financing Fund to the
General Fund $278,720.00 for the reimbursement of Tax Increment Financing eligi-
ble expenses.
15. Transfer from the Greater Downtown Tax Increment Financing Fund to the General
Fund $4,854.00 for the reimbursement of Tax Increment Financing eligible ex-
penses.
16. Transfer from Dubuque Industrial Center TIF fund to the General Construction
Fund $575,719.00 for Tax Increment financing eligible construction projects.
17. Transfer from the North Cascade Road Housing Tax Increment Financing Fund to
the General Construction Fund $310,720.00 for low- and moderate -income eligible
projects.
18. Transfer from the North Cascade Road Housing Tax Increment Financing Fund to
the Water Construction Fund $704,394.00 for reimbursement of Tax Increment Fi-
nancing eligible projects.
19. Transfer from the English Ridge Housing Tax Increment Financing Fund to the
Water Construction Fund $242,708.00 for reimbursement of Tax Increment Financ-
ing eligible construction projects.
20. Transfer from the South Pointe Housing Tax Increment Financing Fund to the Wa-
ter Construction Fund $72,042.00 for reimbursement of Tax Increment Financing
eligible construction projects.
21. Transfer from Greater Downtown TIF Fund to Parking Operations Fund
$280,000.00 for debt service on downtown ramps.
22. Transfer from Greater Downtown TIF Fund to Housing Trust Fund $50,000.00 for
reimbursement of Tax Increment Financing eligible construction projects.
23. Transfer from Greater Downtown TIF Fund to the General Construction Fund
$99,932.00 for reimbursement of Tax Increment Financing eligible construction pro-
jects.
24. Transfer from Road Use Tax Fund to General Fund $52,284.00 for Alliant Broad-
band project.
25. Transfer from Street Construction Fund to General Construction Fund
$349,309.00 for Highway 52 Phase 4 project.
26. Transfer from Sales Tax Construction Fund to Airport Construction Fund $5,780.00
for Airport Cap Old Wells project.
27. Transfer from Sales Tax Construction Fund to Transit Fund $260,000.00 for Re-
placement of Minibuses project.
28. Transfer from Sanitary Sewer Operating Fund to General Fund $1,682,275.00 for
recharge of administrative overhead.
29. Transfer from Sanitary Sewer Operating Fund to Sanitary Sewer Capital Fund
$900,000.00 for capital construction.
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30. Transfer from Stormwater Operating Fund to General Fund $608,650.00 for re-
charge of administrative overhead.
31. Transfer from Stormwater Operating Fund to Stormwater Construction Fund
$880,000.00 for capital construction.
32. Transfer from Parking Operating Fund to General Fund $172,088.00 for recharge
of administrative overhead.
33. Transfer from Parking Operating Fund to Parking Construction Fund $79,570.00
for capital construction.
34. Transfer from Water Operating Fund to General Fund $567,194.00 for recharge of
administrative overhead.
35. Transfer from Water Operating Fund to Water Construction Fund $550,000.00 for
capital construction.
36. Transfer from Refuse Fund to General Fund $1,191,482.00 for recharge of admin-
istrative overhead.
37. Transfer from Stormwater Construction Fund to General Fund $14,190.00 for Val-
entine Park stormwater improvements.
38. Transfer from Landfill Fund to General Fund $420,846.00 for recharge of adminis-
trative overhead.
Passed, approved, and adopted this 7t" day of June 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
6. 2021 Asphalt Overlay Ramp Project 4: City Manager recommended award of the
2021 Asphalt Overlay Ramp Project 4 construction contract to the low bidder, Tschiggfrie
Excavating Co., in the amount of $159,452.10, which is 1.91 % below the engineer's esti-
mate. Upon motion the documents were received and filed, and Resolution No. 178-21
Awarding the Public Improvement Contract for the 2021 Asphalt Overlay Ramp Project 4
was adopted.
RESOLUTION NO. 178-21
AWARDING THE PUBLIC IMPROVEMENT CONTRACT FOR THE 2021 ASPHALT
OVERLAY RAMP PROJECT 4
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 2021 Asphalt
Overlay Ramp Project 4, (the Project) pursuant to Resolution No. 123-21 and Notice to
Bidders published on the City of Dubuque, Iowa website and plan room service with
statewide circulation on the 23rd day of April 2021; and
Whereas, said sealed proposals were opened and read on the 13t" day of May 2021
and it has been determined that Tschiggfrie Excavating Co. of Dubuque, Iowa, with a low
bid in the amount of $159,452.10 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 Tschiggfrie
Excavating, Co. 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 7t" day of June 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
7. Grant Report for Fiscal Year 2020 CLG Grant for Continued Preservation Planning
at Eagle Point Park: City Manager recommended approval of a grant report for the Phase
I Archaeological Survey at Eagle Point Park, made possible through a $10,000 grant from
the Certified Local Government grant program by the State Historic Preservation Office,
under the Iowa Department of Cultural Affairs. Upon motion the documents were re-
ceived, filed, and approved.
8. Four Mounds Parking & Accessibility Improvements: City Manager recommended
that the award for the Four Mounds Parking & Accessibility Improvements Project be of-
ficially recorded in the minutes of the City Council. Upon motion the documents were
received, filed, and made a Matter of Record.
9. 2021 Asphalt Overlay Access Ramp Project 1: City Manager recommended ac-
ceptance of the construction contract for the 2021 Asphalt Overlay Access Ramp Project
1, as completed by D & D Concrete, Inc., in the final contract amount of $124,435.10,
which is a 19.17% increase over the original contract amount of $104,418.00. Upon mo-
tion the documents were received and filed, and Resolution No. 179-21 Accepting the
2021 Asphalt Overlay Access Ramp Project 1 and authorizing the final payment to the
contractor was adopted.
RESOLUTION NO. 179-21
ACCEPTING THE 2021 ASPHALT OVERLAY ACCESS RAMP PROJECT 1 AND AU-
THORIZING THE FINAL PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the 2021 Asphalt Overlay Access Ramp
Project 1, (the Project) has been completed by the Contractor, D & D Concrete, Inc. (Con-
tractor), and the City Engineer has examined the work and signed a certificate stating that
the Project has been completed according to the terms of the Public Improvement Con-
tract and that the City Engineer recommends that the Project be accepted; and
Whereas, the final contract amount for the Project is $124,435.10-1 and
Whereas, the Contractor has previously been paid $118,213.35, leaving a balance of
$6,221.76-1 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 from the
Curb Ramp Program CIP appropriations for the contract amount of $124,435.10 less any
retained percentage provided for therein as provided in Iowa Code.
Section 3. The Finance Director is hereby directed to pay to the Contractor the balance
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of the retainage of $6,221.76 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 7t" day of June 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF 2021 ASPHALT
OVERLAY ACCESS RAMP PROJECT 1
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the 2021 Asphalt Overlay Access Ramp Project 1, and that said Project
has been performed in compliance with the terms of the Public Improvement Contract,
and that the total cost of the completed work is $140,611.10.
Dated this 27t" day of May 2021.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 27t" day of May 2021.
/s/Adrienne N. Breitfelder, City Clerk
10. 2021 Water Quality Report Public Information Brochure: City Manager provided a
copy of the 2021 Water Quality Report public information brochure. Upon motion the doc-
uments were received and filed.
11. Public Works Tipper Carts Public Information Postcard: City Manager provided a
copy of the Public Works tipper cart public information postcard. Upon motion the docu-
ments were received and filed.
12. Sustainable Community Coordinator Gina Bell featured in bizTimes: City Manager
provided a copy of the April 2021 issue of bizTimes in which Sustainable Community
Coordinator Gina Bell is featured. Council Member Jones recognized Ms. Bell and Ms.
Hunter (Item No. 13) for their involvement in the community. Motion by Jones to receive
and file Item Nos. 12 and 13. Seconded by Resnick. Motion carried 7-0.
13. Multicultural Family Center Director Jacqueline Hunter featured in Iowa Natural
Heritage Magazine: City Manager provided a copy of the Spring 2021 issue of Iowa Nat-
ural Heritage in which Multicultural Family Center Director Jacqueline Hunter is featured.
Upon motion with Item No. 12 the documents were received and filed.
14. Local College Access Network Grant: City Attorney recommended approval to sub-
mit a letter of support of the Community Foundation of Greater Dubuque's application for
a Year IV Local College Access Network Grant from the Iowa Student Aid Commission.
Upon motion the documents were received, filed, and approved.
15. Bill Blum Memorial Resolution: Senior Counsel requested the City Council receive
and file a Memorial Resolution for the Dubuque County Bar Association Memorial Service
for Bill Blum, who served in the City Attorney's Office for thirty-three years and passed
away May 31, 2021. Council Member Jones commemorated Mr. Blum and his service to
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the city. Motion by Jones to receive and file the documents and that the Memorial Reso-
lution be read. Seconded by Resnick. City Attorney Brumwell read the Memorial Resolu-
tion. Motion carried 7-0.
16. First Amendment to Development Agreement between the City of Dubuque and
Affordable Housing Network, Inc.: Senior Counsel recommended adoption of a resolution
approving the First Amendment to Development Agreement between the City of Dubuque
and Affordable Housing Network, Inc. Upon motion the documents were received and
filed, and Resolution No. 180-21 Approving the First Amendment to Development Agree-
ment between the City of Dubuque, Iowa and Affordable Housing Network, Inc. was
adopted.
RESOLUTION NO 180-21
APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BE-
TWEEN THE CITY OF DUBUQUE, IOWA AND AFFORDABLE HOUSING NETWORK,
INC.
Whereas, the City of Dubuque, Iowa, an Iowa municipal corporation (City) and Afford-
able Housing Network, Inc., an Iowa non-profit corporation (AHNI), have entered into a
Development Agreement dated the 17t" day of May 2021; and
Whereas, City and AHNI desire to amend the Development Agreement as set forth in
the attached First Amendment attached hereto; and
Whereas, the City Council finds that it is in the best interests of the City of Dubuque to
approve the First Amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
Section 1. The First Amendment to Development Agreement is hereby approved.
Section 2. The Mayor is hereby directed to sign the First Amendment on behalf of the
City of Dubuque.
Passed, approved and adopted this 7t" day of June 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
17. Dissolution of America's River Corporation: City Manager recommended approval
of the Joint Written Action of the Members of America's River Corporation, an Iowa non-
profit corporation. Upon motion the documents were received, filed, and approved.
18. Letter of Support for Kretschmer, LLC's Project at 220 E. 9t" Street to Iowa Eco-
nomic Development Authority's Grayfield Tax Credit Program: City Manager transmitted
a letter of support provided to Kretschmer, LLC for their application to the Iowa Economic
Development Authority for Grayfield Tax Credits to redevelop the property at 220 E. 9th
Street, which is a partially vacant and underutilized former manufacturing facility. Upon
motion the documents were received and filed.
19. Close Out of Business Assistance Contract 14-DF/TC-015 for Progressive Pro-
cessing, LLC: City Manager transmitted information to inform the City Council that the
terms of a Business Assistance Contract from the Iowa Economic Development Authority
1.1
to Progressive Processing, LLC have been satisfied, and the contract has been closed
out by the State. Upon motion the documents were received and filed.
20. Request to Use FY21 Arts & Culture Grant Program Balances for New, Non -Re-
curring Creative Resiliency Funding Program for Local Arts and Culture Nonprofits: City
Manager recommended approval to utilize the remaining FY21 balances of the Arts and
Culture Operating Support and Special Projects grant programs in the amount of $23,311
to offer a new, one-time "Creative Resiliency" funding opportunity for Dubuque -based arts
and culture nonprofits. Upon motion the documents were received, filed, and approved.
21. Signed Contract(s): Platinum Hospitality Group, LLC Fourth Amendment to Facility
Management Agreement. Upon motion the documents were received and filed.
22. Pre -Annexation Agreement - Vendors Unlimited Corporation: City Manager recom-
mended approval of a Pre -Annexation Agreement with Vendors Unlimited Corporation,
for nine lots of property located in Wildflower Ridge Subdivision located off of Kennedy
Road in Dubuque County, in conjunction with their request to connect to City water. Upon
motion the documents were received and filed, and Resolution No. 181-21 Approving a
Pre -Annexation Agreement between the City of Dubuque, Iowa and Vendors Unlimited
Corporation was adopted.
RESOLUTION NO. 181-21
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA, AND VENDORS UNLIMITED CORPORATION
Whereas, Vendors Unlimited Corporation, the owner of the following described prop-
erty located in Wildflower Ridge Subdivision off of Kennedy Road in Dubuque County,
Iowa (the Property) have submitted to the City Council of the city of Dubuque an applica-
tion for voluntary annexation of the Property to the City of Dubuque:
Pin, Legal Description
1003451009, Lot 12 Of Block 2 Wildflower Ridge Subdivision
1003455001, Lot A Wildflower Ridge Subdivision #2 In Dubuque County, Iowa
1003477002, Lot 4 Wildflower Ridge Subdivision #3 Dubuque County, Iowa
1003477003, Lot 5 Wildflower Ridge Subdivision #3 Dubuque County, Iowa
1003477004, Lot 6 Wildflower Ridge Subdivision #3 Dubuque County, Iowa
1003477005, Lot 7 Wildflower Ridge Subdivision #3 Dubuque County, Iowa
1003476006, Lot 9 Wildflower Ridge Subdivision #3 Dubuque County, Iowa
1003476003, Lot 7 Wildflower Ridge Subdivision #2 In Dubuque County, Iowa
1003455008, Lot 1 Wildflower Ridge Subdivision #3 Dubuque County, Iowa
1003401026, Balance of Lot A (In County) Wildflower Ridge Subdivision #3 In Dubu-
que County, Iowa
Whereas, Vendors Unlimited Corporation has entered into a Pre -annexation Agree-
ment with the City of Dubuque, a copy of which is attached hereto governing the future
annexation of the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in
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Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan of
the City of Dubuque, necessary for the future orderly growth and development of the City
of Dubuque, and will promote efficient and cost-effective extension of municipal services;
and
Whereas, the City Council finds that the annexation of the Property is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre -annexation Agreement by and between Vendors Unlimited Corpo-
ration and the City of Dubuque is hereby approved.
Passed, approved, and adopted this 7t" day of June 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
23. Pre -Annexation Agreement - Marty J. and Dawn Wagner: City Manager recom-
mended approval of a Pre -Annexation Agreement with Marty J. and Dawn Wagner, for
property located at 10906 Cascade Drive, in conjunction with their request to connect to
City water. Upon motion the documents were received and filed, and Resolution No. 182-
21 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Marty
J. and Dawn Wagner was adopted.
RESOLUTION NO. 182-21
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND MARTY J. AND DAWN WAGNER
Whereas, Marty J. and Dawn Wagner, the owner of the following described property
located at 10906 Cascade Dr. in Dubuque County, Iowa (the Property) have submitted to
the City Council of the city of Dubuque an application for voluntary annexation of the
Property to the City of Dubuque:
Lot 1 of Lot 39, And the Southerly 10 Feet or Lot 40, In "Kerrigan Road Heights" In
Table Mound Township, Dubuque County, Iowa, According to The Recorded Plats
Thereof; and
Whereas, Marty J. and Dawn Wagner have entered into a Pre -annexation Agreement
with the City of Dubuque, a copy of which is attached hereto governing the future annex-
ation of the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in
Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan of
the City of Dubuque, necessary for the future orderly growth and development of the City
of Dubuque, and will promote efficient and cost-effective extension of municipal services;
and
Whereas, the City Council finds that the annexation of the Property is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
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DUBUQUE, IOWA:
Section 1. The Pre -annexation Agreement by and between Marty J. and Dawn Wagner
and the City of Dubuque is hereby approved.
Passed, approved, and adopted this 7t" day of June 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
24. Alcohol License Applications: City Manager recommended approval of annual liq-
uor, beer, and wine license applications as submitted. Upon motion the documents were
received and filed, and Resolution No. 183-21 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 Li-
censes and Permits was adopted.
RESOLUTION NO. 183-21
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 LIQ-
UOR, 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:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the
noted permit types to the following applicants pending submission of the locally required
documentation:
Renewals
Buffalo Wild Wings, 2805 Northwest Arterial
Hartig Drug Company #2, 157 Locust St.
Hilton Garden Inn & Q Casino & Houlihan's, 1801 & 1855 Greyhound Park Dr.
Mason Dixon Saloon, 163 Main St.
Super Stop IV, 535, Hill St. Suit A
Walgreens #06154, 2260 J. F. Kennedy Rd.
Walgreens #09708, 55 J. F. Kennedy Rd.
Special Event(s) per Special Event Application Submittal
Shenanigans Pub, 3203 Jackson St.
Passed, approved, and adopted this 7t" day of June 2021.
Attest: Adrienne N. Breitfelder, City Clerk
Roy D. Buol, Mayor
ITEMS SET FOR PUBLIC HEARING
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Motion by Resnick to receive and file the documents, adopt the resolutions, and set
the public hearings as indicated. Seconded by Jones. Motion carried 7-0.
1. Proceedings to Set Public Hearing on the Issuance of Not to Exceed $3,800,000
Water Revenue Refunding Bonds, Series 2021 C: City Manager recommended that a pub-
lic hearing be set for June 21, 2021, on the proposition of selling not to exceed $3,800,000
in Water Revenue Refunding Bonds, Series 2021 C. Upon motion the documents were
received and filed, and Resolution No. 184-21 Fixing date for a meeting on the proposition
of the issuance of not to exceed $3,800,000 Water Revenue Refunding Bonds of the City
of Dubuque, State of Iowa, and providing for publication of notice thereof was adopted
setting a public hearing for a meeting to commence at 6:30 p.m. on June 21, 2021 con-
ducted virtually.
RESOLUTION NO. 184-21
FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT
TO EXCEED $3,800,000 WATER REVENUE REFUNDING BONDS OF THE CITY OF
DUBUQUE, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE
THEREOF
Whereas, it is deemed necessary and advisable that the City of Dubuque, State of
Iowa, should issue Water Revenue Refunding Bonds, to the amount of not to exceed
$3,800,000, as authorized by Sections 384.82 and 384.83, of the Code of Iowa, for the
purpose of providing funds to pay costs of carrying out project(s) as hereinafter described;
and
Whereas, Bonds shall be payable solely and only out of the Net Revenues of the Mu-
nicipal Water System and shall be a first lien on the future Net Revenues of the Utility;
and shall not be general obligations of the City or payable in any manner by taxation and
the City shall be in no manner liable by reason of the failure of the Net Revenues to be
sufficient for the payment of the Bonds; and
Whereas, before the Bonds may be issued, it is necessary to comply with the provi-
sions of the Code, and to publish a notice of the proposal to issue such bonds and of the
time and place of the meeting at which the Council proposes to take action for the issu-
ance of the Bonds and to receive oral and/or written objections from any resident or prop-
erty owner of the City to such action.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
Section 1 That this Council meet at 6:30 P.M., on the 21 st day of June, 2021, for the
purpose of taking action on the matter of the issuance of not to exceed $3,800,000 Water
Revenue Refunding Bonds, the proceeds of which bonds will be used to provide funds to
pay the costs of refunding outstanding revenue obligations of the City, including Water
Revenue Bonds, Series 2010D dated September 21, 2010, and Water Revenue Bonds,
Series 2008D dated November 4, 2008.
Section 2 That the Clerk is hereby directed to cause at least one publication to be made
of a notice of the meeting, in a legal newspaper, printed wholly in the English language,
published at least once weekly, and having general circulation in the City. The publication
to be not less than four clear days nor more than twenty days before the date of the public
meeting on the issuance of the Bonds.
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Section 3 The notice of the proposed action to issue bonds shall be in substantially the
[provided] form:
Passed and approved this 7t" day of June, 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
2. Corps of Engineers Acceptance of Consent to Easement Structures: City Manager
requested the City Council set a public hearing for June 21, 2021, concerning the Corps
of Engineers Acceptance of Consent to Easement Structures. Upon motion the docu-
ments were received and filed, and Resolution No. 185-21 Setting date of public hearing
on the Agreement with the Army Corps of Engineers Consent to Easement Structures
was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June
21, 2021 conducted virtually.
RESOLUTION NO. 185-21
SETTING DATE OF PUBLIC HEARING ON THE AGREEMENT WITH THE ARMY
CORPS OF ENGINEERS CONSENT TO EASEMENT STRUCTURES
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Whereas, the City of Dubuque has a flood control system along the Mississippi River,
and
Whereas, the United States has acquired a perpetual flowage easement over Tract
Nos. FIA-117, Mississippi River Project, Pool 12, and which was recorded in Record Book
114, Pages 1-21, in the records in Dubuque, Iowa, and
Whereas, the United States has been requested to give consent for the installation,
operation, and maintenance to repair an existing concrete floodwall that is part of the
Dubuque, Iowa Flood Risk Management Project, and
Whereas, the City of Dubuque is required to enter into an Acceptance of Consent to
Easement Structures.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. A public hearing will be held by the Dubuque City Council on the 21 st day
of June 2021, at 6:30 p.m., and conducted virtually, at which time the City Council pro-
poses to act on the Acceptance of Consent to Easement Structures between the City and
the United States.
Passed, adopted, and approved this 7t" day of June 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
3. Grant of Easement to Ehrlich Properties, L.L.C.: City Manager recommended the
City Council set a public hearing for June 21, 2021 to consider the Grant of Retaining
Wall Easement to Ehrlich Properties, L.L.C. for a private retaining wall over City owned
right-of-way property on Helen Ridge Court in North Grandview Estates No. 2 as part of
the North Grandview Estates development project. Upon motion the documents were re-
ceived and filed, and Resolution No. 186-21 Intent to dispose of City interest by Grant of
Retaining Wall Easement to Ehrlich Properties, L.L.C. across part of the Helen Ridge
13
Court Right of Way in North Grandview Estates No. 2, City of Dubuque, Iowa was adopted
setting a public hearing for a meeting to commence at 6:30 p.m. on June 21, 2021 con-
ducted virtually.
RESOLUTION NO. 186-21
INTENT TO DISPOSE OF CITY INTEREST BY GRANT OF RETAINING WALL EASE-
MENT TO EHRLICH PROPERTIES, L.L.C. ACROSS PART OF THE HELEN RIDGE
COURT RIGHT OF WAY IN NORTH GRANDVIEW ESTATES NO. 2, CITY OF DUBU-
QUE, IOWA
Whereas, Ehrlich Properties, L.L.C. has requested a "Grant of Retaining Wall Ease-
ment" across part of the Helen Ridge Court right of way in North Grandview Estates No.
2, City of Dubuque, Iowa, for a private retaining wall; and
Whereas, Buesing and Associates Inc. has prepared and submitted to the City Council
an exhibit showing the easement area for the proposed private retaining wall across part
of the Helen Ridge Court right of way in North Grandview Estates No. 2, City of Dubuque,
Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to grant a retaining wall easement to Ehr-
lich Properties, L.L.C. across part of the Helen Ridge Court right of way in North
Grandview Estates No. 2, City of Dubuque, Iowa, as shown on the attached Exhibit A.
Section 2. That a public hearing on the intent to dispose of City interest by Grant of
Retaining Wall Easement to Ehrlich Properties, L.L.C. across part of the Helen Ridge
Court right of way in North Grandview Estates No. 2, City of Dubuque, Iowa, is hereby
set for the 21 st day of June 2021, at the Historic Federal Building (and/or by virtual means),
350 W. 6t" Street, Dubuque, Iowa, beginning at 6:30 p.m., and the City Clerk be and is
hereby authorized and directed to cause a notice of public hearing on the intent to dispose
of said interest to be published in the manner as prescribed by law.
Passed, approved, and adopted this 7t" day of June 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
4. John F. Kennedy Road Sidewalk Installation Project: City Manager recommended
initiation of the public bidding procedure for the 2021 John F. Kennedy Road Sidewalk
Project, and further recommends that a public hearing be set for July 6, 2021. Upon mo-
tion the documents were received and filed, and Resolution No. 187-21 John F. Kennedy
Road Sidewalk Installation Project 2021: preliminary approval of plans, specifications,
form of contract, and estimated cost; setting date of public hearing on plans, specifica-
tions, form of contract, and estimated cost; and ordering the advertisement for bids; Res-
olution No. 188-21 Approving the preliminary plats, schedule of assessments and esti-
mate of total cost for the John F. Kennedy Road Sidewalk Installation Project 2021; Res-
olution No. 189-21 Resolution of necessity for the John F. Kennedy Road Sidewalk In-
stallation Project 2021; and Resolution No. 190-21 Fixing date of public hearing on reso-
lution of necessity were adopted setting a public hearing for a meeting to commence at
6:30 p.m. on July 6, 2021, scheduled to be conducted in the Historic Federal Building with
the option to participate virtually.
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RESOLUTION NO. 187-21
JOHN F. KENNEDY ROAD SIDEWALK INSTALLATION PROJECT 2021 - PRELIMI-
NARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ES-
TIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICA-
TIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE AD-
VERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The proposed plans, specifications, form of contract and estimated cost for
the John F. Kennedy Road Sidewalk Installation Project 2021 in the estimated amount
$266,198.00, are hereby preliminarily approved and ordered filed in the office of the City
Clerk for public inspection.
Section 2. A public hearing will be held on the 6t" day of July, 2021, at 6:30 p.m. in the
Historic Federal Building Council Chambers (and/or by virtual means) 350 W. 6' Street,
Dubuque, Iowa, at which time interested persons may appear and be heard for or against
the proposed plans and specifications, form of contract and estimated cost of said Project,
and the City Clerk be and is hereby directed to cause the attached notice of the time and
place of such hearing to be published in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall be published not less than four days nor more
than twenty days prior to the date of such hearing. At the hearing, any interested person
may appear and file objections to the proposed plans, specifications, form of contract, or
estimated cost of the Project.
Section 3. The John F. Kennedy Road Sidewalk Installation Project 2021 is hereby
ordered to be advertised for bids for construction.
Section 4. The amount of the security to accompany each bid shall be in an amount
which shall conform to the provisions of the Notice to Bidders hereby approved.
Section 5. The City Engineer is hereby directed to advertise for bids for the construction
of the improvements herein provided, by publishing the attached Notice to Bidders to be
published in the Master Builders of Iowa Plan Room, The Construction Update Network
and posted on the City of Dubuque website at www.cityofdubuque.org/bids and which
notice shall be published not less than thirteen but not more than forty-five days before
the date for filing bids before 2:00 p.m. on the 8th day of July 2021. Bids shall be opened
and read by the City Clerk at said time and will be submitted to the City Council for final
action at 6:30 p.m. on the 19t" day of July 2021, in the Historic Federal Building Council
Chambers (and/or by virtual means), 350 West 6t" Street, Dubuque, Iowa.
Passed, adopted, and approved this 7t" day of June 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
RESOLUTION NO. 188-21
APPROVING THE PRELIMINARY PLATS, SCHEDULE OF ASSESSMENTS AND ES-
TIMATE OF TOTAL COST FOR THE John F. Kennedy Road Sidewalk installation
PROJECT 2021
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
15
Section 1. That the attached preliminary plats schedule of assessments and estimate
of total cost for the John F. Kennedy Road Sidewalk Installation Project 2021 are hereby
approved.
Passed, approved and adopted this 7t" day of June, 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
RESOLUTION NO. 189-21
RESOLUTION OF NECESSITY FOR THE JOHN F. KENNEDY ROAD SIDEWALK IN-
STALLATION PROJECT 2021
Whereas, the plat, preliminary schedule of assessments, and estimate of total cost for
the John F. Kennedy Road Sidewalk Installation Project 2021 have been duly prepared
and approved by the City Council of the City of Dubuque and ordered placed on file in the
office of City Clerk.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The John F. Kennedy Road Sidewalk Installation Project 2021 will provide:
Installation of sidewalks along John F. Kennedy Road from Asbury Road to the NW
Arterial in areas sidewalks do not exist.
• Installation of 3884 LF of 4' wide concrete sidewalk
• Installation of 1164 SF of retaining wall at 7 locations
• Installation of new ADA pedestrian access ramps at street intersections
• Restoration of disturbed areas with seed, fertilizer and mulch
There is on file in the office of the City Clerk an estimated total cost of the work, and
a preliminary plat and schedule showing the amount proposed to be assessed to each
lot for the improvement.
Section 2. The date, time, and place the council will hear property owners subject to
the assessment and interested parties for or against the improvement, its cost, the as-
sessment, or the boundaries of the district:
Section 3. That the City Council deems it advisable and necessary for the public wel-
fare to make the herein mentioned improvements.
Section 4. Unless a property owner files objections with the City Clerk at the time of
hearing on the resolution of necessity, the property owner is deemed to have waived all
objections pertaining to the regularity of the proceeding and the legality of using the spe-
cial assessment procedure.
Section 5. Said improvements shall be constructed in accordance with the plans and
specifications which have been approved by the City Council and are now on file in the
Office of the City Clerk. The cost of making such improvement will be assessed against
property lying with the assessment limits.
The above resolution was introduced, approved, and ordered placed on file with the
City Clerk this 7th day of June 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
RESOLUTION NO. 190-21
FIXING DATE OF PUBLIC HEARING ON RESOLUTION OF NECESSITY
16
Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary ap-
proval to the plat, preliminary schedule of assessments, and estimated total cost for the
John F. Kennedy Road Sidewalk Installation Project 2021 and ordered the plat, schedule
of assessments, and estimate of total cost placed on file in the Office of the City Clerk;
and
Whereas, the proposed Resolution of Necessity for Project has been introduced and
is now on file in the Office of the City Clerk.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council will meet on the 6t" day of July 2021, at 6:30 p.m. in the
Historic Federal Building Council Chambers (second floor), 350 West 6t" Street, Dubuque,
Iowa. At which time the owners of property subject to assessment for the proposed im-
provement or any other person having an interest in the matter may appear and be heard
for or against the making of the improvement, the boundaries of the district, the cost, the
assessment against any lot, or the final adoption of a resolution of necessity.
Section 2. A property owner will be deemed to have waived all objections unless at the
time of hearing the property owner has filed objections with the City Clerk.
Section 3. The City Clerk be and is hereby authorized and directed to cause a notice
of the time and place of such hearing to be published in a newspaper having general
circulation in the City of Dubuque, Iowa, which notice shall be published once each week
for two consecutive weeks, the first publication of which shall be not less than ten days
prior to the day fixed for its consideration.
Passed, adopted, and approved this 7t" day of June 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
5. Chavenelle Road - Northwest Arterial to Radford Road Reconstruction Project City
Manager recommending initiation of the public bidding procedure for the Chavenelle
Road — Northwest Arterial to Radford Road Reconstruction Project, and further recom-
mends that a public hearing be set for July 6, 2021. Upon motion the documents were
received and filed, and Resolution No. 191-21 Chavenelle Road — NW Arterial to Radford
Road Reconstruction Project: preliminary approval of plans, specifications, form of con-
tract, and estimated cost; setting date of public hearing on plans, specifications, form of
contract, and estimated cost; and ordering the advertisement for bids; Resolution No.
192-21 Approving the preliminary plats, schedule of assessments and estimate of total
cost for the Chavenelle Road — NW Arterial to Radford Road Reconstruction Project;
Resolution No. 193-21 Resolution of necessity for the Chavenelle Road — NW Arterial to
Radford Road Reconstruction Project; and Resolution No. 194-21 Fixing date of public
hearing on resolution of necessity were adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on July 6, 2021, scheduled to be conducted in the Historic Fed-
eral Building with the option to participate virtually.
RESOLUTION NO. 191-21
CHAVENELLE ROAD — NW ARTERIAL TO RADFORD ROAD RECONSTRUCTION
PROJECT - PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON
17
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND
ORDERING THE ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The proposed plans, specifications, form of contract and estimated cost for
the Chavenelle Road — NW Arterial to Radford Road Reconstruction Project in the esti-
mated amount $2,639,595.00, are hereby preliminarily approved and ordered filed in the
office of the City Clerk for public inspection.
Section 2. A public hearing will be held on the 6t" day of July, 2021, at 6:30 p.m. in the
Historic Federal Building Council Chambers (and/or by virtual means) 350 W. 6t" Street,
Dubuque, Iowa, at which time interested persons may appear and be heard for or against
the proposed plans and specifications, form of contract and estimated cost of said Project,
and the City Clerk be and is hereby directed to cause the attached notice of the time and
place of such hearing to be published in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall be published not less than four days nor more
than twenty days prior to the date of such hearing. At the hearing, any interested person
may appear and file objections to the proposed plans, specifications, form of contract, or
estimated cost of the Project.
Section 3. The Chavenelle Road — NW Arterial to Radford Road Reconstruction Project
is hereby ordered to be advertised for bids for construction.
Section 4 The amount of the security to accompany each bid shall be in an amount
which shall conform to the provisions of the Notice to Bidders hereby approved.
Section 5. The City Engineer is hereby directed to advertise for bids for the construction
of the improvements herein provided, by publishing the attached Notice to Bidders to be
published in the Master Builders of Iowa Plan Room, The Construction Update Network
and posted on the City of Dubuque website at www.cityofdubuque.org/bids and which
notice shall be published not less than thirteen but not more than forty-five days before
the date for filing bids before 2.00 p.m. on the 8t" day of July 2021. Bids shall be opened
and read by the City Clerk at said time and will be submitted to the City Council for final
action at 6.30 p.m. on the 19t" day of July 2021, in the Historic Federal Building Council
Chambers (and/or by virtual means), 350 West 6t" Street, Dubuque, Iowa.
Passed, adopted, and approved this 7t" day of June 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
RESOLUTION NO. 192-21
APPROVING THE PRELIMINARY PLATS, SCHEDULE OF ASSESSMENTS AND ES-
TIMATE OF TOTAL COST FOR THE CHAVENELLE ROAD — NW ARTERIAL TO RAD-
FORD ROAD RECONSTRUCTION PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the attached preliminary plats, schedule of assessments, and estimate
of total cost for the Chavenelle Road — NW Arterial to Radford Road Reconstruction Pro-
ject are hereby approved.
Passed, approved, and adopted this 7t" day of June 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
RESOLUTION NO. 193-21
RESOLUTION OF NECESSITY FOR THE CHAVENELLE ROAD — NW ARTERIAL TO
RADFORD ROAD RECONSTRUCTION PROJECT
Whereas, the plat, preliminary schedule of assessments, and estimate of total cost for
the Chavenelle Road — NW Arterial to Radford Road Reconstruction have been duly pre-
pared and approved by the City Council of the City of Dubuque and ordered placed on
file in the office of City Clerk.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 The Chavenelle Road — NW Arterial to Radford Road Reconstruction will
provide:
Reconstruction of Chavenelle Road between the NW Arterial and Radford Road
• Removal of the existing pavement and curb and gutter
• Excavation of the subgrade to allow the placement of granular sub -base
• Installation of storm sewer intakes
• Installation of sub -drains
• Installation of 9-inch PCC pavement
• Installation of curb and gutter
• Installation of sidewalks on the south side of the street (new 10' hike/bike trail will
be installed on the north side as part of a separate project)
• Installation of ADA ramps at the NW Arterial and at Radford Road
Section 2. There is on file in the office of the City Clerk an estimated total cost of the
work, and a preliminary plat and schedule showing the amount proposed to be assessed
to each lot for the improvement.
Section 3. The date, time, and place the council will hear property owners subject to
the assessment and interested parties for or against the improvement, its cost, the as-
sessment, or the boundaries of the district:
Section 4. That the City Council deems it advisable and necessary for the public wel-
fare to make the herein mentioned improvements.
Section 5. Unless a property owner files objections with the City Clerk at the time of
hearing on the resolution of necessity, the property owner is deemed to have waived all
objections pertaining to the regularity of the proceeding and the legality of using the spe-
cial assessment procedure.
Section 6. Said improvements shall be constructed in accordance with the plans and
specifications which have been approved by the City Council and are now on file in the
Office of the City Clerk. The cost of making such improvement will be assessed against
property lying with the assessment limits.
The above resolution was introduced, approved, and ordered placed on file with the
City Clerk this 7th day of June 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
RESOLUTION NO. 194-21
19
FIXING DATE OF PUBLIC HEARING ON RESOLUTION OF NECESSITY
Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary ap-
proval to the plat, preliminary schedule of assessments, and estimated total cost for the
Chavenelle Road — NW Arterial to Radford Road Reconstruction Project and ordered the
plat, schedule of assessments, and estimate of total cost placed on file in the Office of
the City Clerk; and
Whereas, the proposed Resolution of Necessity for Project has been introduced and
is now on file in the Office of the City Clerk.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council will meet on the 6th day of July 2021, at 6:30 p.m. in the
Historic Federal Building Council Chambers (second floor), 350 West 6t" Street, Dubuque,
Iowa. At which time the owners of property subject to assessment for the proposed im-
provement or any other person having an interest in the matter may appear and be heard
for or against the making of the improvement, the boundaries of the district, the cost, the
assessment against any lot, or the final adoption of a resolution of necessity.
Section 2. A property owner will be deemed to have waived all objections unless at the
time of hearing the property owner has filed objections with the City Clerk.
Section 3. The City Clerk be and is hereby authorized and directed to cause a notice
of the time and place of such hearing to be published in a newspaper having general
circulation in the City of Dubuque, Iowa, which notice shall be published once each week
for two consecutive weeks, the first publication of which shall be not less than ten days
prior to the day fixed for its consideration.
Passed, adopted, and approved this 7t" day of June 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 for the June 21, 2021 City Council Meeting. The City Council is tentatively
scheduled to return to meeting in the Historic Federal Building on July 6, 2021 and will
continue offering virtual viewing and public input options. 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://citvofdubuque.novu-
sagenda.com/AgendaPublic/ 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 desire to serve on the following Boards/Commissions. Applicant
appointments will be made at the next City Council meeting.
City Clerk Breitfelder stated that Peggy Jackson, an applicant for the Arts and Cultural
Affairs Advisory Commission, was ineligible for the commission due to not having a City
of Dubuque address. Ms. Jackson was notified of her ineligibility and her application will
be removed before the June 21, 2021 appointments.
20
1. Arts and Cultural Affairs Advisory Commission: Three, 3-Year terms through June
30, 2024 (Expiring terms of Daugherty as At Large, Neuhaus as Business Professional
Living or Working Within District, and Siegert as a Business Professional). Applicants:
Noelle Chesney, 1830 Links Glen Dr. - Qualifies for Business Professional and At -Large;
Peggy Jackson, 16078 Frontier Ct. - Qualifies for Business Professional Living or Working
Within District and At -Large; Paula Neuhaus, 793 West 3rd St. - Qualifies for Business
Professional Living or Working Within District and At -Large; Thomas Robbins, 2361 Har-
vest View Dr. - Qualifies for At -Large. Mr. Robbins and Ms. Chesney spoke in support of
their appointments and provided a brief biography.
2. Historic Preservation Commission: Two, 3-Year terms through July 1, 2024 (Vacant
terms of Klavitter as At Large and Rapp as Old Main Interim). Applicants: Tim Gau 2529
Windsor Ave. — Qualifies for At -Large; Alec Gustafson, 299 Main St. - Qualifies for Old
Main and At -Large; John Link, 535 W 5th St. — Qualifies for At -Large This commission is
subject to the State of Iowa Gender Balance Law. 9 Commissioners total; currently 2
males/2 females/5 openings *Openings were advertised for 90 days while non -male iden-
tifying applicants were sought in adherence with Iowa Code 69.16A Gender Balance.
**Additional openings on the commission are being advertised for 90 days while nonmale
identifying applicants are sought in adherence with Iowa Code 69.16A Gender Balance.
Mr. Gustafson spoke in support of his appointment and provided a brief biography.
3. Long Range Planning Advisory Commission: One, 3-Year term through July 1, 2024
(Expiring term of Stoffel). Applicants: Tyler Stoffel, 960 Boyer St.
4. Park and Recreation Advisory Commission: One, 3-Year term through July 1, 2024
(Expiring term of Tigges). Applicants: Jennifer Tigges, 4927 Wild Flower Dr.
5. Resilient Community Advisory Commission: One, 3-Year term through July 1, 2024
(Expiring term of Hoffmann). Applicant: Adam Hoffmann, 1910 Marion St.
6. Zoning Advisory Commission: One, 3-Year term through July 1, 2024 (Expiring Term
of Russell). Applicant: Rich Russell, 2045 Embassy West Dr. This commission is subject
to the State of Iowa Gender Balance Law. 7 Commissioners total; currently 2 males/3
females/2 openings
PUBLIC HEARINGS
1. Bee Branch Railroad Culvert Trail Project: Proof of publication on notice of public
hearing to consider City Council approval of the plans, specifications, form of contract
and construction estimate of $554,001 for the Bee Branch Railroad Culvert Trail Project,
and City Manager recommended approval. Motion by Cavanagh to receive and file the
documents and adopt Resolution No. 195-21 Approval of plans, specifications, form of
contract, and estimated cost for the Bee Branch Railroad Culvert Trail Project. Seconded
by Sprank. Motion carried 7-0.
21
RESOLUTION NO. 195-21
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI-
MATED COST FOR THE BEE BRANCH RAILROAD CULVERT TRAIL PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the
Bee Branch Railroad Culvert Trail Project, in the estimated amount $448,096.00, are
hereby approved.
Passed, adopted, and approved this 7t" day of June 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
2. Fire Station 6 External Stairwell Addition Project Request to Initiate Construction
Bidding: Proof of publication on notice of public hearing to consider City Council approval
of the plans, specifications, form of contract and the estimated cost of $395,100 for the
Fire Station 6 External Stairwell Addition Project, and City Manager recommended ap-
proval. Motion by Jones to receive and file the documents and adopt Resolution No. 196-
21 Approval of plans, specifications, form of contract, and estimated cost for the Fire
Station 6 External Stairwell Addition Project. Seconded by Roussell. City Council ex-
pressed support for the project and summarized the necessity of both the fire station and
the project. Motion carried 7-0.
RESOLUTION NO. 196-21
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI-
MATED COST FOR THE FIRE STATION 6 EXTERNAL STAIRWELL ADDITION PRO-
JECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for Fire
Station 6 External Stairwell Addition Project, in the estimated amount $346,000.00, are
hereby approved.
Passed, adopted, and approved this 7t" day of June 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 and City Council and City Clerk email
accounts. Staff stated that no online public input was received.
ACTION ITEMS
1. Greater Dubuque Development Corporation - Quarterly Update: President and CEO
Rick Dickinson presented the quarterly update on the activities of the Greater Dubuque
Development Corporation (GDDC). Highlights included: job statistics; planned hiring of a
22
Workforce Solutions Coordinator; recent hiring of Jason White as Vice President of Busi-
ness Services; recent awards received by GDDC; Greater Dubuque 2022 Campaign; and
the Annual Meeting scheduled for July 8, 2021. Mr. Dickinson also spoke in favor of Action
Item No. 5 on the agenda. Following the presentation, Mr. Dickinson responded to a ques-
tion from the City Council about strategies for filling workforce shortages. Motion by Res-
nick to receive and file the information. Seconded by Sprank. Motion carried 7-0.
2. Dubuque Metropolitan Area Transportation Study (DMATS) 2050 Long Range
Transportation Plan: Chandra Ravada, Director of Transportation and Transit Services
for the East Central Intergovernmental Association (ECIA), made a presentation on the
Dubuque Metropolitan Area Transportation Study (DMATS) 2050 Long Range Transpor-
tation Plan. Topics included: What is DMATS?; Organizations Represented on the Board;
What is the DMATS Long Range Transportation Plan?; Existing Conditions Examples;
Future Forecast; and Projects. Council Members stated that all City Council Members are
part of the DMATS Policy Committee and have opportunities to provide input to the plan
through the committee. Motion by Roussell to receive and file the information and view
the presentation. Seconded by Farber. Motion carried 7-0.
3. Dollars & Cents Public Information Brochure: City Manager provided a copy of the
Fiscal Year 2022 Dollars & Cents public information brochure. Motion by Cavanagh to
receive and file the information. Seconded by Roussell. City Council Members compli-
mented the brochure and thanked City staff for their efforts in creating it. Motion carried
7-0.
4. Memorandum of Understanding - City Water Service to Wildflower Ridge Residential
Subdivision: City Manager recommended execution of a Memorandum of Understanding
(MOU) with Vendors Unlimited Corporation (Wildflower Ridge residential subdivision) for
the connection of Wildflower Ridge's water distribution system to the City of Dubuque's
water system; and render it compliant with IDNR regulations and City of Dubuque stand-
ards. Motion by Roussell to receive and file the documents and adopt Resolution No. 197-
21 Approving a Memorandum of Understanding between the City of Dubuque and Ven-
dors Unlimited Corporation for improvements and connection to its water distribution sys-
tem. Seconded by Sprank. Motion carried 7-0.
RESOLUTION NO. 197-21
APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
DUBUQUE AND VENDORS UNLIMITED CORPORATION FOR IMPROVEMENTS AND
CONNECTION TO ITS WATER DISTRIBUTION SYSTEM
Whereas, Vendors Unlimited Corporation owns a private water distribution system that
serves areas in and outside the corporate City limits of Dubuque; and
Whereas, Vendors Unlimited Corporation wishes to make necessary improvements to
its water distribution system to make the system compliant with Iowa Department of Nat-
ural Resources requirements and City of Dubuque standards; and
Whereas, the City of Dubuque owns and operates, and maintains the City of Dubuque
water distribution system that serves over 23,000 customers located both in and outside
the corporate limits of the City; and
23
Whereas, after completion of improvements to the Wildflower Ridge water distribution
system, when its water system components are deemed compliant with both Iowa De-
partment of Natural Resource requirements and City of Dubuque standards, Vendors Un-
limited Corporation wishes to dedicate the water distribution system to the City of Dubu-
que for operation as part of the City of Dubuque's water distribution system; and
Whereas, the City of Dubuque will complete improvements to its distribution system
and extend water main to Wildflower Ridge; and
Whereas, Vendors Unlimited Corporation's water distribution system will be connected
to the City of Dubuque's water distribution system. Customers served by the existing Ven-
dors Unlimited Corporation system will be served by the City of Dubuque's water distri-
bution system after connection; and
Whereas, the City desires to accept the Vendors Unlimited Corporation system after
the system meets Iowa Department of Natural Resources requirements and City of Dubu-
que standards and will serve customers located within the system; and
Whereas, the City of Dubuque and Vendors Unlimited Corporation wish to enter into a
Memorandum of Understanding for the improvements to the water distribution system to
the City of Dubuque, and for the transfer of water service from Vendors Unlimited Corpo-
ration to the City of Dubuque; and
Whereas, the City Council of the City of Dubuque, Iowa finds that it is in the best inter-
ests of the City to approve this Memorandum of Understanding.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE,
IOWA AS FOLLOWS:
Section 1. The Memorandum of Understanding attached is approved on behalf of the
City of Dubuque. The Mayor and City Clerk are authorized to execute the Memorandum
of Understanding.
Section 2. The City Manager, City Attorney, and the City's legal counsel are hereby
authorized to take all necessary actions to execute this Memorandum of Understanding.
Section 3. The City Clerk is hereby authorized and directed to record this Resolution
with the Dubuque County Recorder.
Passed, approved, and adopted this 7t" day of June, 2021
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
5. Downtown Parking Structure: Purchase of Hendricks Feed & Seed Co., Inc: City
Manager recommended that the attached resolution approving the Offer to Buy Real Es-
tate and Acceptance for the purchase of Hendricks Feed & Seed Co., Inc. be submitted
to the City Council for consideration and adoption. Motion by Roussell to receive and file
the documents and adopt Resolution No. 198-21 Approving an offer to buy real estate
and acceptance for the purchase of Hendricks Feed & Seed Co., Inc. for the construction
of a downtown parking structure. Seconded by Farber. City Council expressed support of
the purchase, stating that extensive work went into the proposal and that the buildings
located on the property will remain intact. At the request of City Council, City Attorney
Brumwell summarized the purpose of closed sessions for purchase or sale of real estate.
City Attorney Brumwell stated that Iowa Code permits closed sessions for multiple topics,
one of which is purchase or sale of real estate. Closed sessions on purchase or sale of
real estate are permitted to prevent premature disclosure, which could impact the price
24
of real estate. City Attorney Brumwell further stated that the final decision on the purchase
or sale must be conducted in open session. Responding to questions from the City Coun-
cil, City Manager Van Milligen stated that City Council is only voting on purchasing the
property tonight, and that future proposals on constructing a proposed parking ramp will
be conducted via the public hearing process. City Council Members stated that data on
current and future parking needs in the city would be helpful information to consider as
part of future actions on this process. Motion carried 7-0.
RESOLUTION NO. 198-21
APPROVING AN OFFER TO BUY REAL ESTATE AND ACCEPTANCE FOR THE PUR-
CHASE OF HENDRICKS FEED & SEED CO., INC. FOR THE CONSTRUCTION OF A
DOWNTOWN PARKING STRUCTURE
Whereas, on December 16, 2019 the City Council approved a Development Agree-
ment by and among the City of Dubuque, Roshek Property, LLC, Cottingham & Butler,
Inc. and Heartland Financial USA, Inc.; and
Whereas, the Development Agreement requires the City to "complete and open for
parking by December 31, 2023" a Parking Structure of no less than five hundred (500)
parking spaces within a certain area of downtown City of Dubuque and that the real estate
for the site of the Parking Structure must be acquired by December 31, 2021; and
Whereas, the Development Agreement by and among the City of Dubuque, Iowa,
Dupaco Voices, LLC and Dupaco Community Credit Union requires the City to initiate
and, work with the parties to that Development Agreement and other stakeholders in the
Historic Millwork District, revise and update the Historic Millwork District Master Plan to
address transportation and parking needs and uses within the District, which revised Plan
includes the requirement that at such time as 85% of the existing off-street parking in the
District is leased/permitted, City shall develop additional off-street parking facilities within
2,500 feet to meet the projected demand; and
Whereas, after an investigation by City staff of potential sites for the Parking Structure
that met the requirements of those Development Agreements, City staff recommended
selection of the Hendricks' Feed & Seed Co., Inc. property at 880-890 Central Avenue,
Dubuque, Iowa and legally described as:
City Lot 279, 280, 280A, 281, 282, 326, 327, 328 and the North 26.2 feet of City Lot
325, according to the United States Commissioners Map of the Town of Dubuque,
Iowa; and
Whereas, the City and Hendricks Feed & Seed Co., Inc. have negotiated an Offer to
Buy Real Estate and Acceptance a copy of which is attached hereto, subject to City Coun-
cil approval; and
Whereas, the City Council finds that it is in the best interest of the City of Dubuque to
approve the Offer to Buy Real Estate and Acceptance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
Section 1. The Offer to Buy Real Estate and Acceptance is hereby approved.
Section 2. The City Manager is authorized to take such action as may be necessary to
carry out the terms of the Offer to Buy Real Estate and Acceptance.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
25
6. Amending a Tax Increment Ordinance for the Dubuque Industrial Center Economic
Development District: City Manager recommended approval of an ordinance amending
the most recent ordinance for the Dubuque Industrial Center Economic Development Dis-
trict. Motion by Jones 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 Cavanagh.
Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 22-21 Amending
Ordinance No. 16-21, previously amended, providing that general property taxes levied
and collected each year on all property located within the Amended and Restated Dubu-
que Industrial Center Economic Development District Urban Renewal Area of the City of
Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa,
City of Dubuque, County of Dubuque, Dubuque Community School District, and other
taxing districts, be paid to a special fund for payment of principal and interest on loans,
monies advanced to and indebtedness, including bonds issued or to be issued, incurred
by said city in connection with the Amended and Restated Dubuque Industrial Center
Economic Development District Urban Renewal Redevelopment Project by Removing
Subarea B from the Division Of Revenues. Seconded by Cavanagh. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 22-21
AMENDING ORDINANCE NO. 16-21, PREVIOUSLY AMENDED, PROVIDING THAT
GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL
PROPERTY LOCATED WITHIN THE AMENDED AND RESTATED DUBUQUE INDUS-
TRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT URBAN RENEWAL AREA
OF THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY AND
FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF
DUBUQUE, DUBUQUE COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DIS-
TRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTER-
EST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING
BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION
WITH THE AMENDED AND RESTATED DUBUQUE INDUSTRIAL CENTER ECO-
NOMIC DEVELOPMENT DISTRICT URBAN RENEWAL REDEVELOPMENT PRO-
JECT BY REMOVING SUBAREA B FROM THE DIVISION OF REVENUES
Whereas, the Amended and Restated Urban Renewal Plan for the Dubuque Industrial
Center Economic Development District (the "District") described in Resolution No. 130-
88 was adopted on May 2, 1988 and was thereafter amended and restated by Resolution
No. 484-90 on December 17, 1990, Resolution No. 142-97 on April 7, 1997, Resolution
No. 478-97 on November 17, 1997, Resolution No. 15-08 on January 7, 2008, Resolution
No. 101-08 on March 17, 2008, Resolution No. 109-08 on April 7, 2008, Resolution No.
87-11 on March 7, 2011, Resolution No. 171-13 on June 3, 2013, Resolution No. 197-15
on June 1, 2015, Resolution No. 309-15 on September 8, 2015, Resolution No. 132-16
on September 19, 2016, Resolution No. 157-18 and Resolution No. 158-18 on May 21,
2018, Resolution 380-18 on December 17, 2018, and Resolution 125-21 and Resolution
126-21 on April 19, 2021 (as amended and restated, the "Urban Renewal Plan" or
26
"Amended and Restated Urban Renewal Plan"); and
Whereas, the City Council of the City of Dubuque, Iowa originally provided for the divi-
sion of taxes pursuant to Section 403.19 of the Code of Iowa within the District in Ordi-
nance No. 26-88 passed and approved on May 2, 1988 and thereafter amended and
restated by Ordinance No. 63-88 on December 5, 1988, by Ordinance No. 66-97 on No-
vember 17, 1997, by Ordinance No. 70-08 on October 20, 2008, by Ordinance No. 10-14
on February 3, 2014, by Ordinance No. 39-15 on June 1, 2015, by Ordinance No. 55-15
on September 8, 2015, by Ordinance No. 49-16 on September 19, 2016, Ordinance 18-
18 on May 21, 2018, by Ordinance 45-18 on December 17, 2018, and by Ordinance 15-
21 and Ordinance 16-21 on April 19, 2021; and
Whereas, indebtedness has been incurred by the City, and additional indebtedness is
anticipated to be incurred in the future, to finance urban renewal project activities within
the District, and the continuing needs of redevelopment within the District are such as to
require the continued application of the incremental tax resources of the District; and
Whereas, the City intends to remove Subarea B from the division of revenues of the
District; and
Whereas, Subarea B will remain within the District; and
Whereas, the following enactment is necessary to accomplish the objectives described
in the premises.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Ordinance Number 16-21 is hereby amended to read as follows:
Section 1: For purposes of this Ordinance, the following terms shall have the following
meanings:
(a) Original Project Area means that portion of the City of Dubuque, Iowa described
in the Urban Renewal Plan for the District approved by Resolution No. 130-88 on May
2, 1988, and subsequently amended by Resolution No. 484-90 on December 17, 1990,
which Original Project Area includes the lots and parcels located within the area now
legally described as follows:
All of Dubuque Industrial Center Eighth Addition; and
All of Lot 1 Dubuque Industrial Center 13th Addition; and
Lot 2 Dubuque Industrial Center 13th Addition; and
Lot 1-2-2 Dubuque Industrial Center Fifth Addition; and
Lot 1 Dubuque Industrial Center Fifth Addition; and
Lot 1 Dubuque Industrial Center 11th Addition; and
Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and
Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and
Lot 1-3 Dubuque Industrial Center 12th Addition; and
Lot 1 of lot 3 of final plat of lot 1 of Dubuque Industrial Center First Addition; and
Lot 1 Dubuque Industrial Center loth Addition; and
Lot 2-3 Dubuque Industrial Center 12th Addition; and
Lots 1 & 2 of final plat of lot 1 of Dubuque Industrial Center First Addition; and
Lot 1 Dubuque Industrial Center 12th Addition; and
Lot 2 Dubuque Industrial Center Ninth Addition; and
Lot 2 Dubuque Industrial Center 12th Addition; and
Lot 2-2 Dubuque Industrial Center Sixth Addition; and
27
Lot 3 Dubuque Industrial Center Ninth Addition; and
Lot 1 Dubuque Industrial Center Sixth Addition; and
Lot 2 of 2 Dubuque Industrial Center 7t" Addition; and
Lot 2-1 Walter Addition; and
Lot 2-1 Walter Addition; and
And all adjoining public right-of-way, all in the City of Dubuque, Dubuque County,
Iowa.
The Original Project Area is referred to as "Subarea A" in the Urban Renewal Plan
hereinafter described.
(b) Subarea B means that portion of the City of Dubuque, Iowa described as Sub-
area B in the Amended and Restated Urban Renewal Plan for the District approved by
Resolution No. 478-97 on November 17, 1997, and subsequently amended by Reso-
lution No. 15-08 on January 7, 2008, and Resolution No. 125-21 and Resolution No.
126-21 on April 19, 2021, which Subarea B includes the lots and parcels located within
the area legally described as follows:
Lots 1, 3, 4, 1 of 5, 6 and H of Dubuque Industrial Center West as originally
platted; and
Lots 1, 2, 3, 4, 5, 6, 7, 8, and C of Dubuque Industrial Center West 2nd Addition
as originally platted; and
Lots 1, 2, 3, 4, B, and C of Dubuque Industrial Center West 4th Addition as orig-
inally platted; and
Lots 1 of 1, 1 of 2, 2 of 2, 1 of 3, 2 of 3, 1 of 5, A, C, and D of Dubuque Industrial
Center West 5th Addition as originally platted; and
Lot 1 and Lot A of Dubuque Industrial Center West 6t" Addition as originally plat-
ted; and
Lots 1, 1 of 2, and 2 of 2 of Dubuque Industrial Center West 7t" Addition as orig-
inally platted; and
Lot 2 of 1 of the Southwest Quarter of the Southwest Quarter and Lot 2 of 1 of
the Southeast Quarter of the Southwest Quarter all in Section 30, Township 89
North, Range 2 East, 5th P.M. as originally platted; and
all that part of a 100-foot-wide strip of the Chicago Central Pacific Railroad right-
of-way lying in the SE 1/4 of Section 30, the SE 1/4 of the SW 1/4 of Section 30,
the NW 1/4 of Section 31, and the NE 1/4 of Section 31 all in T89N, R2E, of the
5th P.M. Dubuque County, Iowa, the centerline of which is more particularly de-
scribed as follows: beginning at a point of intersection with the easterly line of the
SE 1/4 of Section 30, T89N, R2E, of the 5th P.M., thence southwesterly along
the centerline of said railroad 2,700 feet, more or less a point of intersection with
the westerly line of the SE 1/4 of said Section 30; thence southwesterly continuing
along said centerline 845 feet, more or less, to a point where the railroad right-
of-way widens to 200 feet, said point being the terminus of this description; and
all that part of a 100-foot-wide strip of the Chicago Central Pacific Railroad right-
of-way lying in the Balance of Lot 1 of 1 of the Southwest Quarter of the South-
west Quarter in Section 29, Township 89 North, Range 2 East, 5th P.M.; and
any adjoining public street right-of-way all in the City of Dubuque, Dubuque
County, Iowa.
(c) Subarea C means that portion of the City of Dubuque, Iowa described as
Subarea C in the Amended and Restated Urban Renewal Plan for the District approved
by Resolution No. 101-08 on March 17, 2008, which Subarea C includes the lots and
parcels located within the area legally described as follows:
Lots 1 and 2 of Dubuque Industrial Center North Second Addition; and
Lots 2, 3, C and A of Dubuque Industrial Center North First Addition, excepting
that Part of said Lot A originally platted as Lot 2 of the SW'/4 of the NW'/4 of Sec.
30, T89N, R2E of the 5th PM; and
and any adjoining public street right-of-way, all in the City of Dubuque, Dubuque
County, Iowa,
EXCEPT those lots and parcels included in Subarea K.
(d) Subarea D means that portion of the City of Dubuque, Iowa described as Sub-
area D in the Amended and Restated Urban Renewal Plan for the District approved by
Resolution No. 109-08 on April 7, 2008, which Subarea D includes the lots and parcels
located within the area legally described as follows:
Lots 1, 2, and B and all of the right of way of Chavenelle Court in Dubuque In-
dustrial Center West 8th Addition in the City of Dubuque, Dubuque County, Iowa.
(e) Subarea E means that portion of the City of Dubuque, Iowa described as Sub-
area E in the Amended and Restated Urban Renewal Plan for the District approved by
Resolution No. 87-11 on March 7, 2011, which Subarea E includes the lots and parcels
located within the area legally described as follows:
All of Lot 1 of 1 and Lot 1 of 2 of the South Fork Subdivision No. 1 as originally
platted, including any adjoining public street right-of-way to said lots, all in the
City of Dubuque, Dubuque County, Iowa, and;
All of Seippel Road right of way from the north boundary line of Lot 1 of 1 of South
Fork Subdivision No. 1 in the City of Dubuque, to the south boundary lines of Lot
H of Dubuque Industrial Center West and Lot 1 of Dubuque Industrial Center
West 2nd Addition in the City of Dubuque, Dubuque County, Iowa, including
crossings at the intersections of Old Highway Road and Chicago Central & Pacific
Railroad rights -of -way.
(f) Subarea F means that portion of the City of Dubuque, Iowa, and Dubuque County
described as Subarea F in the Amended and Restated Urban Renewal Plan for the
District approved by Resolution No. 197-15 on June 1, 2015, which Subarea F includes
the lots and parcels located within the area legally described as follows:
Lot one (1) of Graf Farm Subdivision #2, Dubuque County, Iowa, according to the
recorded plat thereof;
Lot 1 of Lot 1 of Lot 1 of Lot 1 of West One-half of Northeast One -quarter, Section
25, Township 89 North, Range 1 East of the 5th P.M., in Center Township, Dubu-
que County, Iowa;
Lot 2 in "W.A. Norman Place" in Section 25, Center Township, Dubuque County,
Iowa, according to the plat thereof; and
The NW 1/4 of the SE 1/4 of Section 25, Township 89 North, Range 1 East of the
5th P.M., in Center Township, Dubuque County, Iowa.
(g) Subarea G means that portion of the City of Dubuque, Iowa, and Dubuque
County described as Subarea G in the Amended and Restated Urban Renewal Plan
for the District approved by Resolution No. 309-15 on September 8, 2015, which Sub-
area G includes the lots and parcels located within the area legally described as
29
follows:
The South one-half of the Northwest Quarter of Section 29, Township 89 North,
Range 2 East of the 5th P.M., in the City of Dubuque, Iowa.
Lot 1 of Lot 1 of the Northwest Quarter of the Northwest Quarter of Section 29,
Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa.
Lot 2 of McFadden Farm Place #2, in the City of Dubuque, Iowa.
Lot 2 of McFadden Farm Place, in the City of Dubuque, Iowa.
Lot A of Lot 1 of 1 of the Southwest Quarter of the Southwest Quarter of Section
29, Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque,
Iowa.
Lot A of Lot 1 of 1 of the Northwest Quarter of the Southwest Quarter of Section
29, Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque,
Iowa.
All in the City of Dubuque, Dubuque County, Iowa.
(h) Subarea H means that portion of the City of Dubuque, Iowa, and Dubuque
County described as Subarea H in the Amended and Restated Urban Renewal Plan
for the District approved by Resolution No. 332-16 on September 19, 2016, which Sub-
area H includes the lots and parcels located within the area legally described as fol-
lows:
Lot 1 of the Northeast '/4 of the Northeast '/4, and Lot 2 of Lot 1 of Lot 1 of Lot 2
of the Northeast '/4 of the Northeast '/4, of Section 30, in Township 89 North,
Range 2 East of the 5th P.M., in the City of Dubuque, Iowa.
(i) Subarea I means that portion of the City of Dubuque, Iowa, and Dubuque County
described as Subarea I in the Amended and Restated Urban Renewal Plan for the
District approved by Resolution No. 332-16 on September 19, 2016, which Subarea
includes the lots and parcels located within the area legally described as follows:
Lot 2 Seippel Road Place #2, Dubuque County, Iowa.
Lot 2-1-1 of the Southeast Quarter of the Southeast Quarter of Section 25, Town-
ship 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa
Q) Subarea J means that portion of the City of Dubuque, Iowa, and Dubuque County
described as Subarea J in the Amended and Restated Urban Renewal Plan for the
District approved by Resolution No. 332-16 on September 19, 2016, which Subarea J
includes the lots and parcels located within the area legally described as follows:
Lot 2 Julien Care Place, Dubuque County, Iowa.
Lot 3 Julien Care Place, Dubuque County, Iowa
Lot 2-1 Julien Care Place, Dubuque County, Iowa
(k) Subarea K means that portion of the City of Dubuque, Iowa, removed from Sub-
area C of the District by Version 2018.1 of the Amended and Restated Plan for the
District approved by Resolution No. 157-18, and added to the District by Version
2018.2 of the Amended and Restated Plan for the District approved by Resolution No.
158-18 as Subarea K, all on May 21, 2018, which Subarea K includes the lots and
parcels located within the area legally described as follows:
Lot 1 of Dubuque Industrial Center North Third Addition, in the City of Dubuque, Iowa.
(1) Subarea L means that portion of the City of Dubuque, Iowa described as Subarea
L in the Amended and Restated Urban Renewal Plan for the District approved by Res-
olution 380-18 on December 17, 2018, which Subarea L includes the lots and parcels
30
located within the area legally described as follows:
Lot 1 of Loretta Bahl's Homestead, in the City of Dubuque, Iowa, comprised of
Lot 1 of the West 30 Acres of the Southwest '/4 of the Southeast '/4, Section 19,
Township 89 North, Range 2 East of the 5th P.M. all in the City of Dubuque,
Dubuque County, Iowa.
(m) Subarea M means that portion of the City of Dubuque, Iowa described as Sub-
area M in the Amended and Restated Urban Renewal Plan for the District approved
by Resolution 380-18 on December 17, 2018, which Subarea M includes the lots and
parcels located within the area legally described as follows:
Lot 2 of the Subdivision of Lot 2 of the Northeast'/4 of the Northeast'/4 of Section
30, Township 89 North, Range 2 East of the 5th P.M. all in the City of Dubuque,
Dubuque County, Iowa.
(n) Subarea N means that portion of the City of Dubuque, Iowa described as Sub-
area N in the Amended and Restated Urban Renewal Plan for the District approved by
Resolution 126-21 on April 19, 2021, which Subarea N includes the lots and parcels
located within the area legally described as follows:
Lot 1 of Dubuque Industrial Center North First Addition, in the City of Dubuque,
Iowa; and
All of the street right of way of Innovation Drive adjacent to Lot 1 of Dubuque
Industrial Center North First Addition, in the City of Dubuque, Iowa.
All in the City of Dubuque, Iowa
(o) Amended Project Area means that portion of the City of Dubuque, Iowa and
Dubuque County included within the Original Project Area, Subarea C, Subarea D,
Subarea E, Subarea F, Subarea G, Subarea H, Subarea I, Subarea J, Subarea K,
Subarea L, Subarea M, and Subarea N each as described in this Section.
Section 2: The taxes levied on the taxable property in the Amended Project Area, and
each subarea thereof, legally described in Section 1 hereof, by and for the benefit of the
State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District,
and all other taxing districts from and after the effective date of this Ordinance shall be
divided as hereinafter in this Ordinance provided.
Section 3: As to the Original Project Area, that portion of the taxes which would be
produced by the rate at which the tax is levied each year by or for each of the taxing
districts taxing property in the Original Project Area upon the total sum of the assessed
value of the taxable property in the Original Project Area as shown on the assessment
roll as of January 1, 1987, being the first day of the calendar year preceding the effective
date of Ordinance No. 26-88, shall be allocated to and when collected be paid into the
fund for the respective taxing district as taxes by or for said taxing district into which all
other property taxes are paid. The taxes so determined shall be referred herein as the
"base period taxes" for such Subarea.
As to Subarea B, Subarea B has been removed form the division of revenues as
of the effective date of this ordinance. Subarea B will remain within the District.
As to Subarea C (except the lots and parcels now forming Subarea K), base pe-
riod taxes shall be computed in the same manner using the total assessed value
shown on the assessment roll as of January 1, 2007, being the assessment roll
applicable to property in such subarea as of January 1 of the calendar year preced-
ing the effective date of Ordinance No. 70-08, and base values shall be reduced
31
due to the removal of area from Subarea C.
As to Subarea D, base period taxes shall be computed in the same manner using
the total assessed value shown on the assessment roll as of January 1, 2007, being
the assessment roll applicable to property in such subarea as of January 1 of the
calendar year preceding the effective date of Ordinance No. 70-08.
As to Subarea E, base period taxes shall be computed in the same manner using
the total assessed value shown on the assessment roll as of January 1, 2013, being
the assessment roll applicable to property in such subarea as of January 1 of the
calendar year preceding the effective date of Ordinance No.10-14.
As to Subarea F, base period taxes shall be computed in the same manner using
the total assessed value shown on the assessment roll as of January 1, 2014, being
the assessment roll applicable to property in such subarea as of January 1 of the
calendar year preceding the effective date of Ordinance No. 39-15.
As to Subarea G, base period taxes shall be computed in the same manner using
the total assessed value shown on the assessment roll as of January 1, 2014, being
the assessment roll applicable to property in such subarea as of January 1 of the
calendar year preceding the effective date of Ordinance No. 55-15.
As to Subarea H, base period taxes shall be computed in the same manner using
the total assessed value shown on the assessment roll as of January 1, 2015, being
the assessment roll applicable to property in such subarea as of January 1 of the
calendar year preceding the effective date of Ordinance No. 49-16.
As to Subarea I, base period taxes shall be computed in the same manner using
the total assessed value shown on the assessment roll as of January 1, 2015, being
the assessment roll applicable to property in such subarea as of January 1 of the
calendar year preceding the effective date of Ordinance No. 49-16.
As to Subarea J, base period taxes shall be computed in the same manner using
the total assessed value shown on the assessment roll as of January 1, 2015, being
the assessment roll applicable to property in such subarea as of January 1 of the
calendar year preceding the effective date of Ordinance No. 49-16.
As to Subarea K, base period taxes shall be computed in the same manner using
the total assessed value shown on the assessment roll as of January 1, 2017, being
the assessment roll applicable to property in such subarea as of January 1 of the
calendar year preceding the effective date of Ordinance No. 18-18.
As to Subarea L, base period taxes shall be computed in the same manner using
the total assessed value shown on the assessment roll as of January 1, 2017, being
the assessment roll applicable to property in such subarea as of January 1 of the
calendar year preceding the effective date of Ordinance No. 45-18.
As to Subarea M, base period taxes shall be computed in the same manner using
the total assessed value shown on the assessment roll as of January 1, 2017, being
the assessment roll applicable to property in such subarea as of January 1 of the
calendar year preceding the effective date of Ordinance No. 45-18.
As to Subarea N, base period taxes shall be computed in the same manner using
the total assessed value shown on the assessment roll as of January 1, 2020, being
the assessment roll applicable to property in such subarea as of January 1 of pre-
ceding the effective date of this Ordinance No. 16-21.
Section 4: That portion of the taxes each year in excess of the base period taxes for
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the Amended Project Area, determined for each sub -area thereof as provided in Section
3 of this Ordinance, shall be allocated to and when collected be paid into the special tax
increment fund previously established by the City of Dubuque to pay the principal of and
interest on loans, monies advanced to, or indebtedness, whether funded, refunded, as-
sumed or otherwise, including bonds issued under authority of Section 403.9 or Section
403.12 of the Code of Iowa, incurred by the City of Dubuque, Iowa to finance or refinance,
in whole or in part, urban renewal projects undertaken within the District pursuant to the
Urban Renewal Plan, except that taxes for the regular and voter -approved physical plant
and equipment levy of a school district imposed pursuant to Section 298.2 of the Code of
Iowa and taxes for the instructional support program of a school district imposed pursuant
to Section 257.19 (but in each case only to the extent required under Section 403.19(2)),
taxes for the payment of bonds and interest of each taxing district, and taxes imposed
under Section 346.77 (22) related to joint county -city buildings, shall be collected against
all taxable property within the Amended Project Area without any limitation as here-
inabove provided.
Section 5: Unless or until the total assessed valuation of the taxable property in the
subareas of the Amended Project Area exceeds the total assessed value of the taxable
property in said subareas shown by the assessment rolls referred to in Section 3 of this
Ordinance, all of the taxes levied and collected upon the taxable property in the Amended
Project Area shall be paid into the funds for the respective taxing districts as taxes by or
for the taxing districts in the same manner as all other property taxes.
Section 6: At such time as the loans, monies advanced, bonds and interest thereon
and indebtedness of the City of Dubuque referred to in Section 4 hereof have been paid,
all monies thereafter received from taxes upon the taxable property in the Amended Pro-
ject Area shall be paid into the funds for the respective taxing districts in the same manner
as taxes on all other property.
Section 7: All ordinances or parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall
be construed so as to remove Subarea B from the division of taxes under the provisions
of Section 403.19 of the Code of Iowa and to continue the division of taxes from taxable
property in the Amended Project Area under the provisions of Section 403.19 of the Code
of Iowa, as authorized in Ordinance No. 16-21. In the event that any provision of this
Ordinance shall be determined to be contrary to law it shall not affect other provisions or
application of this Ordinance which shall at all times be construed to fully invoke the pro-
visions of Section 403.19 of the Code of Iowa with reference to the Amended Project Area
and the subareas contained therein.
Section 8: This Ordinance shall be in effect after its final passage, approval and publi-
cation as provided by law.
Passed and approved this 7t" day of June 2021.
/s/Roy D. Buol, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on the 11th day of June, 2021.
/s/Adrienne N. Breitfelder, City Clerk
7. Proposed Ordinance Amendments for Nuisance: City Manager recommended the
public nuisance ordinance be updated to allow the City Manager to declare a public
33
nuisance. Motion by Resnick to receive and file the documents and that the requirement
that a proposed ordinance be considered and voted on for passage at two Council meet-
ings prior to the meeting at which it is to be passed be suspended. Seconded by Sprank.
Housing and Community Development Director Alexis Steger responded to questions
from the City Council regarding strategies for brain health circumstances and communi-
cating notices to residents. City Manager Van Milligen stated that residents will continue
having the right to a public hearing and that the City has the right to abatement. City
Attorney Brumwell summarized the general differences between public nuisances and
private nuisances. Motion carried 7-0.
Motion by Resnick for final consideration and passage of Ordinance No. 23-21 Amend-
ing City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation and Environ-
ment, Chapter 4 Nuisances, Section 6-4-4 Public Nuisances Prohibited; Authority to
Abate. Seconded by Sprank. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 23-21
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH, HOUS-
ING, SANITATION AND ENVIRONMENT, CHAPTER 4 NUISANCES, SECTION 6-4-4
PUBLIC NUISANCES PROHIBITED; AUTHORITY TO ABATE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 6-4-4 of the City of Dubuque Code of Ordinances is amended to
read as follows:
6-4-4: Public Nuisances Prohibited; Authority to Abate:
A. Nuisances Prohibited: The creation, maintenance, or continuation of a public
nuisance is hereby declared unlawful and is prohibited, subject to penalties set forth
in section 1-4-2 of this Code.
B. Declaration Of Nuisance; Informal Hearing; Abatement: Upon application to
the City Manager for a declaration of a nuisance, the City Manager, after notice to
the property owner of the grounds therefor, shall hold an informal hearing on the
application. Upon declaration of a nuisance, the City Manager may direct the City
staff to abate or cause to be abated public nuisances in any manner authorized by
law.
C. Appeal to City Council: Upon declaration of a nuisance, the property owner
may appeal to the City Council, in writing, within ten (10) days. The City Council,
after notice to the property owner, shall hold a hearing on the appeal as provided in
Title 1, Chapter 9 of this Code.
D. Municipal Infraction: Nothing herein shall be interpreted to prevent the City
from issuing a Municipal infraction as allowed under Iowa Code section 364.22 and
section 1-4-2 of this Code.
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 7th day of June, 2021.
/s/Roy D. Buol, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on the 11 th day of June, 2021.
/s/Adrienne N. Breitfelder, City Clerk
34
8. Proposed Ordinance Amendment to Incorporate Rent Abatement and Escrow Ac-
counts: This item was removed from the meeting at the request of the City Manager.
9. Bee Branch Railroad Culverts Project Gate Installation Video: The Public Infor-
mation Office showed a video of the Bee Branch Railroad Culverts Gate Installation. Link
to video: https://youtu.be/xs7o9t3Dxhg. Motion by Cavanagh to receive and file the infor-
mation and view the video. Seconded by Roussell. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Farber reported on her attendance at the May 26, 2021 Sister Cities
Virtual Exchange Meeting with Hebei, China.
Council Member Jones reported on the rededication ceremony for the Veterans Me-
morial Plaza on Chaplain Schmitt Island.
Motion by Jones to convene in closed session at 8:38 p.m. to discuss pending litigation
and purchase or sale of real estate — Chapter 21.5(1)(c),(j) Code of Iowa. Seconded by
Cavanagh. Mayor Buol stated for the record that the attorney who will consult with City
Council on the issues to be discussed in the closed session is City Attorney Crenna Brum-
well. Motion carried 7-0.
Upon motion, the City Council reconvened in open session at 9:24 p.m. stating that
staff had been given proper direction.
There being no further business, Mayor Buol declared the meeting adjourned at 9:25
p.m.
/s/Adrienne N. Breitfelder, City Clerk
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