08 16 21 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:00 p.m. on August 16, 2021, in
the second -floor Council Chambers of the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol (attended via phone); Mayor Pro Tern Sprank (chaired the meet-
ing due to Mayor Buol's attendance via phone); Council Members Cavanagh, Farber,
Jones, Resnick, Roussell; City Manager Van Milligen (attended via phone), City Attorney
Brumwell.
Mayor Pro Tern Sprank read the call and stated this is a special session of the City
Council called for the purpose of conducting work sessions on the Inclusive Dubuque
quarterly update and Black Hills Energy project updates.
WORK SESSIONS (2)
1. Inclusive Dubuque Quarterly Update
Staff from the Community Foundation of Greater Dubuque presented the Inclusive
Dubuque 211 Quarter 2021 report. Paul Duster, Director of Community Initiatives, and
Clara Lopez Ortiz, Equity Coordinator, made a presentation. Topics included:
• Vision and Values
• Business Leader Equity Cohort
• Recent Inclusive Dubuque Activities
• New Diversity, Equity and Inclusion (DEI) Resources
• Future Initiatives
Ms. Ortiz displayed the inclusivedubuque.org website and discussed the DEI toolkit
and the Cultural Resource Guide webpages.
The presenters responded to questions from the City Council regarding the targeted
audience for the DEI toolkit, defining equity, and plans for the youth employment coalition.
This work session concluded at 5:29 p.m.
2. Black Hills Energy Project Updates
Representatives from Black Hills Energy provided updates on recent projects and po-
tential partnerships that support the city's climate action goals. Jeff Staudenmaier, East-
ern Iowa Operations Manager; Nicole Breitbach, Senior Community Affairs Manager; and
Katie Fleming, Director of Sustainability and ESG, made a presentation. Topics included:
• Safe Digging
• Iowa Gas
• Statistics Across Iowa in 2020
• Environmental Stewardship
• Sustainability at Black Hills Energy
• Clean Energy Goals
• Electric Utilities
• Natural Gas Utilities
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• Natural Gas Emissions Reduction Strategies
• EPA Methane Challenge
• Renewable Gas Energy (RNG)
• Energy Efficiency
• Emerging Technology
• Dubuque Energy Study
• Dubuque Home Heat Energy Mix
• Impact of Residential Electrification on Electricity use in Iowa
The presenters responded to questions from the City Council regarding electric charg-
ing stations, Black Hills Energy's partnership with the Dubuque Metropolitan Area Solid
Waste Agency (DMASWA), future initiatives, best practices in other communities, and
recommendations for home efficiency.
There being no further business, Mayor Pro Tern Sprank declared the meeting ad-
journed at 6:19 p.m.
/s/Adrienne N. Breitfelder, City Clerk
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on August 16, 2021, in
the second -floor Council Chambers of the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol (attended via phone); Mayor Pro Tern Sprank (chaired the meet-
ing due to Mayor Buol's attendance via phone); Council Members Cavanagh, Farber,
Jones, Resnick, Roussell; City Manager Van Milligen (attended via phone), City Attorney
Brumwell.
Mayor Pro Tern Sprank 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 be-
fore the City Council.
PLEDGE OF ALLEGIANCE
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Farber. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council Proceedings of 8/2 and 8/9; Civil Ser-
vice Commission of 7/15; Five Flags Civic Center Commission of 7/26; Library Board of
Trustees of 5/27 and 6/24; Library Board of Trustees Update of 7/22; Zoning Board of
Adjustment of 7/22; Proof of Publication for City Council Proceedings of 7/19; Proof of
Publication for List of Claims and Summary of Revenues for month ended 6/30. Upon
motion the documents were received and filed.
2. Notice of Claims and Suits: Ken Hanson for vehicle damage; Luke Morarend for
vehicle damage; John Sweeney 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: Masud Hamid for personal injury; Ken Hanson for vehicle damage; Luke
Morarend for vehicle damage; John Sweeney for property damage. Upon motion the doc-
uments 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. 277-21 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.
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RESOLUTION NO. 277-21
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 16th day of August, 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
5. New Gillig and Para Transit Buses To Be Displayed at City Council Meeting on
September 7, 2021: City Manager transmitted information about four new 29-foot Heavy
Duty Gillig buses purchased in the spring of 2020, and seven new Ford Glaval Universal
Gas minibuses purchased in the spring of 2021. One bus of each style will be displayed
in front of the Historic Federal Building at 4:30 pm on September 7, 2021, to allow City
Council Members and citizens an opportunity to explore these new buses. Upon motion
the documents were received and filed.
6. Recommend Approval of Service Agreement with Vermont Systems Inc. for Park
and Recreation Management System: City Manager recommended approval of the Ser-
vice Agreement with Vermont Systems Inc. for the new Park and Recreation Management
System. Upon motion the documents were received, filed and approved.
7. Five Flags Civic Center Commission Correspondence to City Council:
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Correspondence from the Five Flags Civic Center Commission (FFCCC) regarding the
Five Flags reconstruction project. Upon motion the documents were received and filed.
8. Approval to Execute Agreement for City of Dubuque AmeriCorps Program: Creating
Opportunities: City Manager recommended approval to execute an agreement for the City
of Dubuque AmeriCorps Program: Creating Opportunities grant award in the amount of
$110,000. Upon motion the documents were received, filed and approved.
9. Interim Management Agreement With Dubuque Community Ice & Recreation, Inc.:
City Manager recommended approval of a one -month (August 2021) Interim Manage-
ment Agreement with Dubuque Community Ice & Recreation, Inc. Upon motion the doc-
uments were received, filed and approved.
10. Miracle League of Dubuque Naming Recognition Signage Approval: City Manager
recommended approval of the naming recognition signage to be placed at the Miracle
League of Dubuque Complex. Upon motion the documents were received, filed and ap-
proved.
11. Iowa Department of Inspections and Appeals New Interagency Agreement: City
Manager recommended approval of the 28E agreement with the Iowa Department of In-
spections and Appeals for inspection, licensing, and enforcement for the period July 1,
2021-June 30, 2024. Upon motion the documents were received, filed and approved.
12. Flood Control Levee Repair Project Contract Award - CIP 7202155: City Manager
recommended that the award for the Flood Control Levee Repair Project be officially rec-
orded in the minutes of the City Council. Upon motion the documents were received, filed
and made a Matter of Record.
13. Notice of Appeals for 2021 Assessments: Correspondence from Troy Patzner, City
Assessor, informing the City Council of five appeals from the Dubuque City Board of Re-
view decisions for the 2021 assessment of values. Upon motion the documents were
received and filed.
14. Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map
(FIRM) Panels: Correspondence from Luis V. Rodriguez, P.E., Director of Engineering
and Modeling Division form the Federal Insurance and Mitigation Administration, stating
that the Federal Emergency Management Agency (FEMA) has issued revised Flood In-
surance Rate Map (FIRM) panels within the city. Upon motion the documents were re-
ceived and filed.
15. Iowa Department of Transportation Five -Year (2021-2026) Agreement for Mainte-
nance and Repair of Primary Roads in Municipalities: City Manager recommended ap-
proval of the execution of the Five Year (2021-2026) Agreement for Maintenance and
Repair of Primary Roads in Municipalities between the Iowa Department of Transportation
and the City of Dubuque. Upon motion the documents were received, filed and approved.
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16. Approval of Plat of Survey of Lot 14A of O'Hare's Subdivision, in the City of Dubu-
que, Iowa For Vacating Petition (University of Dubuque Grace Street Vacate Agreement):
City Manager recommended approval of the Plat of Survey of Lot 14A of O'Hare's Sub-
division in the City of Dubuque, Iowa. Upon motion the documents were received and
filed, and Resolution No. 278-21 Approving plat of proposed vacated portion of Grace
Street, in the City of Dubuque, Iowa, to be known as Lot 14A of O'hare's Subdivision, in
the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 278-21
APPROVING PLAT OF PROPOSED VACATED PORTION OF GRACE STREET, IN
THE CITY OF DUBUQUE, IOWA, TO BE KNOWN AS LOT 14A OF O'HARE'S SUBDI-
VISION, IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa,
a plat dated August 2, 2021 prepared by the WHKS & Co., showing the proposed vacated
area of Grace Street between Algona Street and McCormick Street, in the City of Dubu-
que, Iowa and assigned a lot number thereto, to be known as Lot 14A of O'Hare's Subdi-
vision, in the City of Dubuque, Iowa; and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated August 2, 2021, prepared by the WHKS & Co., relative
to the real estate hereinabove described be and the same is hereby approved, and the
Mayor and City Clerk be and they are hereby authorized and directed to execute said plat
for and on behalf of the City of Dubuque, Iowa.
Section 2. The City of Dubuque reserves a public utility easement over the entirety of
said Lot 14A.
Section 3. That the City Clerk be and is hereby authorized and directed to file said plat
and certified copy of this resolution in the office of the Recorder in and for Dubuque
County, Iowa.
Passed, approved, and adopted this 16th day of August, 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
17. Final Plat of Stone Brook Center Third Addition: City Manager recommended ap-
proval of the Final Plat of Stone Brook Center Third Addition as it is in compliance with
the City of Dubuque's Unified Development Code. Upon motion the documents were re-
ceived and filed, and Resolution No. 279-21 Authorizing approval of the Final Plat of
Stone Brook Center Third Addition in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 279-21
AUTHORIZING APPROVAL OF THE FINAL PLAT OF STONE BROOK CENTER
THIRD ADDITION IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Final Plat of Stone Brook Center
Third Addition In the City Of Dubuque, Iowa; and
Whereas, upon said final plat appear a public street to be known as South Boulder
Brook Court (Lot A) and together with certain public utility, storm sewer, sanitary sewer,
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storm drainage, cul-de-sac and water main easements, which the owner by said final plat
has dedicated to the public forever; and
Whereas, the preliminary plat has been examined by the Zoning Advisory Commission
and its approval has been endorsed thereon; and
Whereas, said final plat has been reviewed by the City Planner and his approval has
been endorsed thereon, subject to the owner's agreeing to the conditions specified
herein; and
Whereas, said final plat has been examined by the City Council and the City Council
find the final plat conforms to the applicable statutes and ordinances, except that streets
and public utilities have not yet been completely constructed or installed.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of South Boulder Brook Court (Lot A) with certain public
utility, storm sewer, sanitary sewer, storm drainage, cul-de-sac, and water main ease-
ments, as they appear on said final plat, be and the same are hereby accepted; and
Section 2. That the Final Plat of Stone Brook Center Third Addition is hereby approved,
and the Mayor and City Clerk are hereby authorized and directed to endorse the approval
of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property
herein named, execute their written acceptance of the attached conditions and further
agree:
(a) To reduce South Boulder Brook Court (Lot A) to grade and to construct longitu-
dinal sub -drain, concrete curb and gutter with asphaltic concrete pavement or with
Portland Cement concrete pavement with integral curb, and cul-de-sac, all in accord-
ance with the City of Dubuque standard specifications in a manner acceptable to the
City Engineer, in conformance with construction improvement plans approved by the
City Engineer, and inspected and approved by the City Engineer.
(b) To install sanitary sewer mains and sewer service laterals into each individual
lot, water mains and water service laterals into each individual lot, storm sewers and
catch basins, boulevard street lighting, fiber optic conduit and vaults, and erosion con-
trol devices all in accordance with the City of Dubuque standard specifications in a
manner acceptable to the City Engineer, and in accordance with construction improve-
ment plans approved by the City Engineer, and inspected and approved by the City
Engineer.
(c) To construct accessible sidewalk ramps at each intersection and street crossings
in accordance with City of Dubuque Standards and Specifications, all in a manner ac-
ceptable to the City Engineer, and in accordance with the construction improvement
plans approved by the City Engineer and inspected and approved by the City Engineer.
(d) To construct the improvements outlined in (a), (b) and (c) above within two years
from the date of acceptance of this resolution, at the sole expense of the owners, or
future owner.
(e) To maintain the improvements outlined in (a), (b) and (c) above for a period of
two (2) years from the date of the acceptance of those improvements by the City Coun-
cil of the City of Dubuque, Iowa, at the sole final expense of the owners, or future
owner.
(f) That access to US Highway 20 is prohibited from Lots 1 & 2 of Stone Brook
Center Third Addition.
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(g) To provide security for the performance of the foregoing conditions specified in
this Section in such form and with such sureties as may be acceptable to the City
Manager of the City of Dubuque, Iowa.
Section 3. That sidewalk installation shall be the responsibility of each lot owner for
each lot abutting the public rights -of -way, including lots with multiple frontages, as re-
quired by City Code Chapter 10-1-2 (Sidewalk Installation and Repair).
Section 4. That the owner must construct and maintain erosion control devices in Stone
Brook Center Third Addition which control erosion and prevent sediment from leaving the
site. The owner shall also be responsible for maintenance of the detention facility located
on Lot D of Stone Brook Center Second Addition until 80% of the lots in Stone Brook
Center Third Addition have been fully developed and adequate erosion control measures,
as approved by the City Engineer, have been installed on the remaining 20% of said
lots. Until the above 80% of lots are developed, maintenance of the detention facility shall
include the removal of sediment and other debris caused by construction activities in
Stone Brook Center Third Addition and reshaping and reseeding of the disturbed ar-
eas. After said 80% lots are developed, inspection, administration, and maintenance ex-
penses incurred by the City of Dubuque for the storm water detention facility shall be
assessed against the property owners, except the City of Dubuque, in Stone Brook Center
Third Addition, as indicated on the plats thereof, in equal amounts. The City Manager
shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to
the Dubuque County Treasurer, and such costs shall then be collected with and in the
same manner as general property taxes in accordance with provisions of law.
Section 5. That the planting of street trees shall be coordinated with the City's Urban
Forester. Any tree(s) planted within the street right-of-way must be approved by the Ur-
ban Forester. The locations and species of tree(s) will be approved by the Urban Forester
and planted and cared for though establishment by the developer at the developer's ex-
pense.
Section 6. That the final acceptance of the public improvements shall only occur upon
certification of the City Engineer to the City Council that the public improvements have
been completed in accordance with the approved improvement plans and City standards
and specifications and accepted by City Council Resolution.
Section 7. That in the event NEZTROP, LLC fails to execute the acceptance and fur-
nish the guarantees provided hereof within 180 days after the date of this Resolution, the
provisions hereof shall be null and void and the acceptance of the dedication and approval
the plat shall not be effective.
Passed, approved and adopted this 16t" day of August, 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
18. Final Plat of Country View Estates: City Manager recommended approval of the
final plat of Country View Estates subject to allowing 22-foot paving width for Hales Mill
Road, and waiving Sections 11-20 Water Supply, 11- 21 Sanitary Sewer, 11-23 Obligation
to Install Improvements, and 11-24 Improvement Guarantees. Upon motion the docu-
ments were received and filed, and Resolution No. 280-21 Approving the final plat of
Country View Estates in Dubuque County, Iowa was adopted.
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RESOLUTION NO. 280-21
APPROVING THE FINAL PLAT OF COUNTRY VIEW ESTATES IN DUBUQUE
COUNTY, IOWA
Whereas, there has been filed with the City Clerk a Final Plat of Country View Estates;
and
Whereas, said Final Plat provides for a 22-foot pavement width, where 26-foot paving
width for a private street is required by Section 11-15 of Title 16 of the City of Dubuque
Code of Ordinances, Unified Development Code; and
Whereas, the preliminary plat has been examined by the Zoning Advisory Commission
and has its approval endorsed thereon; and
Whereas, said Final Plat has been examined by the City Council and they find that it
conforms to the statutes and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 11-15 of Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, is waived to allow two 22-foot wide paved private streets.
Section 2. That the City Council hereby waives Sections 11-20 Water Supply, 11-21,
Sanitary Sewer, 11-23 Obligation to Install Improvements, and 11-24 Improvement Guar-
antees.
Section 3. That the Final Plat of Country View Estates is hereby approved and the
Mayor and City Clerk are hereby authorized and directed to endorse the approval of the
City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein
named, execute their written acceptance hereto attached agreeing:
a) To construct private street improvements in accordance with improvement plans
approved by Dubuque County and certified upon completion by a professional engi-
neer licensed by the State of Iowa.
b) To maintain the private street improvements constructed as part of Country View
Estates until such time as a homeowners' association is formed and is responsible for
maintenance of the same.
Section 4. That in the event that Ronald W. and Jessalynn J. Breiner fail to execute
the acceptance within 180 days after the date of this Resolution, the provisions hereof
shall be null and void and the approval of the plat shall not be effective.
Passed, approved and adopted this 16t" day of August 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
19. Final Plat of Rustic Point Estates #2: City Manager recommended approval of the
Final Plat of Rustic Point Estates #2 as it is in compliance with the City of Dubuque's
Unified Development Code and the City's policy for sustainability points when receiving
public assistance. Upon motion the documents were received and filed, and Resolution
No. 281-21 Authorizing approval of the Final Plat of Rustic Point Estates #2 in the City of
Dubuque, Dubuque County, Iowa was adopted.
RESOLUTION NO. 281-21
AUTHORIZING APPROVAL OF THE FINAL PLAT OF RUSTIC POINT ESTATES #2 IN
THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
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Whereas, there has been filed with the City Clerk a Final Plat of Rustic Point Estates
#2 in the City of Dubuque, Dubuque County, Iowa; and
Whereas, upon said final plat appear public streets to be known as Wagon Wheel Lane
(Lot L), Sickle Lane (Lot M), Rustic Point Lane (Lot N), Wagon Wheel Lane (Lot O), and
Lasso Court (Lot P) and detention basin (Lot J), public park (Lot K) and together with
certain public utility, storm sewer, sanitary sewer, storm drainage, cul-de-sac , and water
main easements, which the owner by said final plat has dedicated to the public forever;
and
Whereas, the preliminary plat has been examined by the Zoning Advisory Commission
and its approval has been endorsed thereon; and
Whereas, said final plat has been reviewed by the City Planner and his approval has
been endorsed thereon, subject to the owner's agreeing to the conditions specified
herein; and
Whereas, said final plat has been examined by the City Council and the City Council
find the final plat conforms to the applicable statutes and ordinances, except that streets
and public utilities have not yet been completely constructed or installed.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Wagon Wheel Lane (Lot L), Sickle Lane (Lot M),
Rustic Point Lane (Lot N), Wagon Wheel Lane (Lot O), and Lasso Court (Lot P) and
detention basin (Lot J) and public park (Lot K) together with certain public utility, storm
sewer, sanitary sewer, storm drainage, cul-de-sac , and water main easements, as they
appear on said final plat, be and the same are hereby accepted; and
Section 2. That the Final Plat of Rustic Point Estates #2 is hereby approved, and the
Mayor and City Clerk are hereby authorized and directed to endorse the approval of the
City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein
named, execute their written acceptance of the attached conditions and further agree:
(a) To reduce Wagon Wheel Lane (Lot L), Sickle Lane (Lot M), Rustic Point Lane
(Lot N), Wagon Wheel Lane (Lot O), and Lasso Court (Lot P) to grade and to construct
longitudinal sub -drain, concrete curb and gutter with asphaltic concrete pavement or
with Portland Cement concrete pavement with integral curb, and temporary cul-de-
sacs, all in accordance with the City of Dubuque standard specifications in a manner
acceptable to the City Engineer, in conformance with construction improvement plans
approved by the City Engineer, and inspected and approved by the City Engineer.
(b) To grade Public Park (Lot K) in accordance with the City of Dubuque standard
specifications in a manner acceptable to the City Engineer and Leisure Services Man-
ager, in conformance with construction improvement plans approved by the City Engi-
neer, and inspected and approved by the City Engineer.
(c) To install sanitary sewer mains and sewer service laterals into each individual
lot, water mains and water service laterals into each individual lot, sanitary sewer lift
station force main and appurtenances, storm water detention basin and rip -rap channel
(Lot J), storm sewers and catch basins, boulevard street lighting, fiber optic conduit
and vaults, and erosion control devices all in accordance with the City of Dubuque
standard specifications in a manner acceptable to the City Engineer, and in accord-
ance with construction improvement plans approved by the City Engineer, and in-
spected and approved by the City Engineer.
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(d) To construct accessible sidewalk ramps at each intersection and street crossings
in accordance with City of Dubuque Standards and Specifications, all in a manner ac-
ceptable to the City Engineer, and in accordance with the construction improvement
plans approved by the City Engineer, and inspected and approved by the City Engi-
neer.
(e) To construct concrete sidewalk across Lots J and K in accordance with City of
Dubuque Standards and Specifications, all in a manner acceptable to the City Engi-
neer, and in accordance with the construction improvement plans approved by the City
Engineer, and inspected and approved by the City Engineer.
(f) To construct the improvements outlined in (a), (b), (c), (d), and (e) above within
two years from the date of acceptance of this resolution, at the sole expense of the
owners, or future owner.
(g) To maintain the improvements outlined in (a), (b), (c), (d) and (e) above for a
period of two (2) years from the date of the acceptance of those improvements by the
City Council of the City of Dubuque, Iowa, at the sole final expense of the owners, or
future owner.
(h) That access to Derby Grange Road is prohibited from Lots 5 thru 7 and access
to John F. Kennedy Road is prohibited from Lots 1 thru 5 and 73 thru 76 of Rustic Point
Estates #2.
(i) To provide security for the performance of the foregoing conditions specified in
this Section in such form and with such sureties as may be acceptable to the City
Manager of the City of Dubuque, Iowa.
Section 3. That sidewalk installation shall be the responsibility of each lot owner for
each lot abutting the public rights -of -way, including lots with multiple frontages, as re-
quired by City Code Chapter 10-1-2 (Sidewalk Installation and Repair).
Section 4. That the owner must construct and maintain erosion control devices in Rus-
tic Point Estates #2 which control erosion and prevent sediment from leaving the site. The
owner shall also be responsible for maintenance of the detention facility and rip -rap chan-
nel located on Lot J and Lot K of Rustic Point Estates #2 until 80% of the lots in Rustic
Point Estates #2, which drain into said detention facility, have been fully developed and
adequate erosion control measures, as approved by the City Engineer, have been in-
stalled on the remaining 20% of said lots. Until the above 80% of lots are developed,
maintenance of the detention facility and rip -rap channel in Lot J and Lot K of Rustic Point
Estates #2 shall include the removal of sediment and other debris caused by construction
activities in Rustic Point Estates and reshaping and reseeding of the disturbed areas. Af-
ter said 80% lots are developed, inspection, administration, and maintenance expenses
incurred by the City of Dubuque for the storm water detention facility and rip -rap channel
on Lot J and Lot K of Rustic Point Estates #2 shall be assessed against the property
owners, except the City of Dubuque, in Rustic Point Estates #2, as indicated on the pre-
liminary plats thereof, in equal amounts. The City Manager shall certify such costs to the
City Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer,
and such costs shall then be collected with and in the same manner as general property
taxes in accordance with provisions of law.
Section 5. That the planting of street trees shall be coordinated with the City's Urban
Forester. Any tree(s) planted within the street right-of-way must be approved by the Urban
Forester. The locations and species of tree(s) will be approved by the Urban Forester and
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planted and cared for though establishment by the developer at the developer's expense.
Section 6. That the final acceptance of the public improvements shall only occur upon
certification of the City Engineer to the City Council that the public improvements have
been completed in accordance with the approved improvement plans and City standards
and specifications and accepted by City Council Resolution.
Section 7. That in the event Derby Grange, LLC fails to execute the acceptance and
furnish the guarantees provided hereof within 180 days after the date of this Resolution,
the provisions hereof shall be null and void and the acceptance of the dedication and
approval the plat shall not be effective.
Passed, approved and adopted this 16th day of August, 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
20. Liquor License Renewals: City Manager recommended approval of annual beer,
liquor and wine licenses as submitted. Upon motion the documents were received and
filed, and Resolution No. 282-21 Approving applications for beer, liquor, and/or wine per-
mits, as required by City of Dubuque Code of Ordinances Title 4 Business and License
Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and
Permits was adopted.
RESOLUTION NO. 282-21
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:
RPnPIMA IC
1 st and Main, 101 -113 Main St.
Applebee's Neighborhood Grill and Bar, 1395 Associates Dr.
Downtown Billiards, 1850 Central Ave.
Fas Mart #5159, 2175 Central Ave.
House of China, 170 J.F. Kennedy Rd.
Hy-Vee Club Room, 2395 Dodge St.
Keywest Conoco, 2150 Twin Valley Dr.
Kwik Star #495, 2685 Dodge St.
12
Kwik Stop C-Store, 2335 University Ave.
The Lift, 180 Main St.
Vinny Vanucchi's Little Italy, 164 Main St.
Walnut Tap, 709 University Ave.
New
Dubuque Tobacco and Grocery, 1248 Iowa St.
Egelhof, Siegert and Casper Funeral Home and Crematory, 2659 J.F. Kennedy Rd.
Rusty Taco, 3333 Asbury Rd.
Special Event(s) per Special Event Application Submittal
Dubuque Irish Hooley, Alliant Amphitheater located on Bell Street
Passed, approved, and adopted this 16t" day of August 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
ITEMS SET FOR PUBLIC HEARING
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 for Public Hearing on the Issuance of Not to Exceed $290,000, Sewer
Revenue Capital Loan Notes (Interim Financing) State Revolving Funds, Planning and
Design Loan Applications: City Manager recommended that a public hearing be set for
September 7, 2021, on the proposition of selling not to exceed $290,000 in Sewer Reve-
nue Capital Loan Notes (Interim Financing) State Revolving Loan Fund Program, the pro-
ceeds of which will be used to pay planning and design costs for High Strength Waste
Receiving & Storage Project. Upon motion the documents were received and filed, and
Resolution No. 283-21 Fixing date for a meeting on the authorization of a Loan and Dis-
bursement Agreement and the issuance of not to exceed $290,000 Sewer Revenue Cap-
ital Loan Notes of the City of Dubuque, 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
September 7, 2021, in the Historic Federal Building.
0 4*9111j 119101 ki [9)1111101-*VA
FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AND DIS-
BURSEMENT AGREEMENT AND THE ISSUANCE OF not to exceed $290,000
SEWER REVENUE CAPITAL LOAN NOTES OF THE City of Dubuque, IOWA, AND
PROVIDING FOR PUBLICATION OF NOTICE THEREOF
Whereas, it is deemed necessary and advisable that the City of Dubuque, Iowa should
provide for the authorization of a Loan and Disbursement Agreement and the issuance of
Sewer Revenue Capital Loan Notes, in the amount of not to exceed $290,000, as author-
ized by Sections 384.24A and 384.83, Code of Iowa, as amended, for the purpose of
providing funds to pay costs as hereinafter described; and
Whereas, it is proposed that the City fund its costs on an interim basis under Section
76.13 of the Code of Iowa, anticipating in part, the future receipt of the proceeds of the
issuance of said Sewer Revenue Capital Loan Notes; and
Whereas, the City has applied for a loan through the Iowa Water Pollution Control
13
Works Financing Program pursuant to which the Iowa Finance Authority has agreed to
purchase the City's Notes and has requested that such Notes be issued as a single Note
in a denomination equal to the total amount of the issue as authorized by Chapter 384,
Code of Iowa; and
Whereas, the Loan and Disbursement Agreement and Note shall be payable solely
and only out of the Net Revenues of the Municipal Sewer 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 Loan and Dis-
bursement Agreement and Note; and
Whereas, before a Loan and Disbursement Agreement may be authorized and Sewer
Revenue Capital Loan Notes issued to evidence the obligation of the City thereunder, it
is necessary to comply with the provisions of the City Code of Iowa, as amended, and to
publish a notice of the proposal and of the time and place of the meeting at which the
Council proposes to take action for the authorization of the Loan and Disbursement
Agreement and Notes and to receive oral and/or written objections from any resident or
property owner of the City to such action.
NOW, THEREFORE, BE IT RESOLVED BY THE City Council OF THE City of Dubu-
que, IOWA:
Section 1. That this Council meet in the Historic Federal Building, 350 West 6th Street,
Dubuque, Iowa, City of Dubuque, Iowa, at 6:30 o'clock P.M., on the 7th day of September
2021, for the purpose of taking action on the matter of the authorization of a Loan and
Disbursement Agreement and the issuance of not to exceed $290,000 Sewer Revenue
Capital Loan Notes to evidence the obligations of the City thereunder, the proceeds of
which will be used to provide funds to pay the costs of acquisition, construction, recon-
struction, extending, remodeling, improving, repairing and equipping all or part of the Mu-
nicipal Sewer System, including for the High Strength Waste Receiving & Storage Project.
Section 2. That the Clerk is hereby directed to cause at least one publication to be
made of a notice of said meeting, in a legal newspaper, printed wholly in the English
language, published at least once weekly, and having general circulation in said City, said
publication to be not less than four clear days nor more than twenty days before the date
of said public meeting on the issuance of the Notes.
Section 3. The notice of the proposed action shall be in substantially the [provided]
form:
Passed and approved this 16t" day of August, 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
2. Petition to Vacate a portion of Grace Street, in the City of Dubuque, Iowa
University of Dubuque - Grace Street Vacate Agreement: City Manager recommended
that a public hearing be set for September 7, 2021 on the disposal of Lot 14A of O'Hare's
Subdivision for a purchase price of $80,491.50, plus publication and filing fees. Upon
motion the documents were received and filed, and Resolution No. 284-21 Intent to va-
cate a portion of Grace Street, in the City of Dubuque, Iowa, to be known as Lot 14A of
O'Hare's Subdivision, in the City of Dubuque, Iowa was adopted, setting a public hearing
for a meeting to commence at 6:30 p.m. on September 7, 2021, in the Historic Federal
14
Building.
RESOLUTION NO. 284-21
RESOLUTION OF INTENT TO VACATE A PORTION OF GRACE STREET, IN THE
CITY OF DUBUQUE, IOWA, TO BE KNOWN AS LOT 14A OF O'HARES SUBDIVI-
SION, IN THE CITY OF DUBUQUE, IOWA
Whereas, the City of Dubuque has entered into an agreement with University of Dubu-
que for the sale of City Owned property including a portion of the Grace Street right of
way between Algona Street and McCormick Street, in the City of Dubuque, Iowa, in the
City of Dubuque, Iowa; and
Whereas, the University of Dubuque has requested the vacation of a portion of Grace
Street and the conveyance of the property to University of Dubuque per said agreement;
and
Whereas, WHKS & Co. has prepared and submitted to the City Council a plat showing
the proposed vacated area of Grace Street right of way between Algona Street and
McCormick Street, in the City of Dubuque, Iowa, Iowa and assigned a lot number thereto,
which hereinafter shall be known and described as Lot 14A in O'Hare's Subdivision, in
the 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 vacate Lot 14A in O'Hare's Subdivision,
in the City of Dubuque, Iowa.
Section 2. That a public hearing, and/or by virtual means, on the intent to vacate Lot
14A of O'Hare's Subdivision, in the City of Dubuque, Iowa is hereby set for the 7th day of
September, 2021, at the Historic Federal Building, 350 W. 6th 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 vacate said real estate to be published in
the manner as prescribed by law.
Passed, approved and adopted this 16th day of August, 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
3. Sale of City -owned property at 654 Clarke Drive: City Manager recommended the
City Council set a public hearing for September 7, 2021, on the disposition of City -owned
real property located at 654 Clarke Drive to Torrent Property Management LLC for the
amount of $35,250. Upon motion the documents were received and filed, and Resolution
No. 285-21 Intent to dispose of an interest in City of Dubuque real estate to Torrent Prop-
erty Management LLC, setting a time and place for hearing, and providing for the publi-
cation of notice thereof was adopted, setting a public hearing for a meeting to commence
at 6.30 p.m. on September 7, 2021, in the Historic Federal Building.
RESOLUTION NO. 285-21
INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE TO
TORRENT PROPERTY MANAGEMENT LLC, SETTING A TIME AND PLACE FOR
HEARING, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City) owns real property situated in Dubuque
15
County, Iowa, legally identified as 654 Clark Drive, Dubuque, Iowa and legally described
as:
Lot 63 in Littleton & Sawyer's Subdivision of Mineral Lot 194 the City of Dubuque,
Iowa, according to the recorded plat thereof — 654 Clarke Drive
and
Whereas, City acquired the through a petition for title to abandoned property for the
purpose of its rehabilitation and reuse as affordable housing; and
Whereas, City received an offer to purchase and rehabilitate the property from Torrent
Property Management LLC; and
Whereas, by accepting the selected offer the City's objectives of rehabilitation of dilap-
idated residences can be realized and is consistent with the City goal of creating oppor-
tunities for affordable homeownership.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa, proposes to dispose of its interest in the
above -described real estate to Torrent Property Management the sum of $35,250.00.
Section 2. That the City Council shall conduct a public hearing on the proposed dispo-
sition of real estate in the City Council Chambers at the Historic Federal Building, 350 W.
6th Street, Dubuque, Iowa on the 7th day of September 2021 beginning at 6:30 p.m.
Section 3. That the City Clerk be and is hereby authorized and directed to publish
notice of the public hearing in the form attached hereto, according to law.
Passed, approved and adopted this 16th day of August 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
4. Resolution of Necessity for the Amendment of the Dubuque Industrial Center Eco-
nomic Development District Urban Renewal Plan, Version 2021.4: City Manager recom-
mended City Council approval of a Resolution of Necessity that finds that an Amended
and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Devel-
opment District is both necessary and appropriate and sets a public hearing on the pro-
posed amendment for September 20, 2021. Upon motion the documents were received
and filed, and Resolution No. 286-21 Authorizing and directing the City Manager to pre-
pare an Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center
Economic Development District and setting dates for the public hearing and consultation
process on the proposed Amended and Restated Urban Renewal Plan for said district
was adopted, setting a public hearing for a meeting to commence at 6.30 p.m. on Sep-
tember 20, 2021 in the Historic Federal Building.
RESOLUTION NO. 286-21
AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN AMENDED
AND RESTATED URBAN RENEWAL PLAN FOR THE DUBUQUE INDUSTRIAL CEN-
TER ECONOMIC DEVELOPMENT DISTRICT AND SETTING DATES FOR THE PUB-
LIC HEARING AND CONSULTATION PROCESS ON THE PROPOSED AMENDED
AND RESTATED URBAN RENEWAL PLAN FOR SAID DISTRICT
Whereas, the City Council of the City of Dubuque has heretofore approved the
Amended and Restated Urban Renewal Plan (the "Plan" or "Urban Renewal Plan") for
16
the Dubuque Industrial Center Economic Development District (the "District") in order to
provide redevelopment opportunities which will further the purposes and objectives of the
foregoing Urban Renewal Plan; and
Whereas, City staff has recommended that the Plan be further amended to remove
property from Subarea C of the District; and
Whereas, Iowa Code Chapter 403 requires that before a Plan may be modified, the
City Council must follow the notification, consultation, and public hearing process set forth
therein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Manager is authorized and directed to prepare an Amended
and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Devel-
opment District to include in such Plan any appropriate project activities and details, and
to determine an appropriate date for and conduct the consultation process required by
law with affected taxing entities concerning the proposed amendment.
Section 2. That the City Council hold a public hearing on the adoption of the proposed
Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic
Development District on September 20, 2021 at 6:30 p.m. in the form attached hereto.
The notice of said hearing shall generally identify the areas covered by the Plan and the
general scope of the urban renewal activities planned for such areas, and said notice
shall be published in a newspaper having general circulation within the City not less than
four days nor more than twenty days before the date of said meeting. A copy of the notice
of public hearing shall be sent by ordinary mail to the affected taxing entities.
Section 3. That the Economic Development Department is further directed to send by
ordinary mail a copy of said Plan, the notice of public hearing, a notice of consultation,
and, to the extent the Plan includes the use of tax increment revenues for a public build-
ing, an analysis of alternative development and funding options for such public buildings,
to the Dubuque Community School District and the Dubuque County Board of Supervi-
sors, as the affected taxing entities.
Passed, approved and adopted this 16th day of August, 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
5. Resolution of Necessity for the Amendment of the Dubuque Industrial Center Eco-
nomic Development District Urban Renewal Plan, Version 2021.5: City Manager recom-
mended City Council approval of a Resolution of Necessity that finds that an Amended
and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Devel-
opment District is both necessary and appropriate and sets a public hearing on the pro-
posed amendment for September 20, 2021. Upon motion the documents were received
and filed, and Resolution No. 287-21 Authorizing and directing the City Manager to pre-
pare an Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center
Economic Development District and setting dates for the public hearing and consultation
process on the proposed Amended and Restated Urban Renewal Plan for said district
was adopted, setting a public hearing for a meeting to commence at 6.30 p.m. on Sep-
tember 20, 2021, in the Historic Federal Building.
17
RESOLUTION NO. 287-21
AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN AMENDED
AND RESTATED URBAN RENEWAL PLAN FOR THE DUBUQUE INDUSTRIAL CEN-
TER ECONOMIC DEVELOPMENT DISTRICT AND SETTING DATES FOR THE PUB-
LIC HEARING AND CONSULTATION PROCESS ON THE PROPOSED AMENDED
AND RESTATED URBAN RENEWAL PLAN FOR SAID DISTRICT
Whereas, the City Council of the City of Dubuque has heretofore approved the
Amended and Restated Urban Renewal Plan (the "Plan" or "Urban Renewal Plan") for
the Dubuque Industrial Center Economic Development District (the "District") in order to
provide redevelopment opportunities which will further the purposes and objectives of the
foregoing Urban Renewal Plan; and
Whereas, City staff has recommended that the Plan be amended to expand the Dis-
trict; and
Whereas, Iowa Code Chapter 403 requires that before a Plan may be modified, the
City Council must follow the notification, consultation, and public hearing process set forth
therein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Manager is authorized and directed to prepare an Amended
and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Devel-
opment District to include in such Plan any appropriate project activities and details, and
to determine an appropriate date for and conduct the consultation process required by
law with affected taxing entities concerning the proposed amendment.
Section 2. That the City Council hold a public hearing on the adoption of the proposed
Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic
Development District on September 20, 2021 at 6:30 p.m. in the form attached hereto.
The notice of said hearing shall generally identify the areas covered by the Plan and the
general scope of the urban renewal activities planned for such areas, and said notice
shall be published in a newspaper having general circulation within the City not less than
four days nor more than twenty days before the date of said meeting. A copy of the notice
of public hearing shall be sent by ordinary mail to the affected taxing entities.
Section 3. That the Economic Development Department is further directed to send by
ordinary mail a copy of said Plan, the notice of public hearing, a notice of consultation,
and, to the extent the Plan includes the use of tax increment revenues for a public build-
ing, an analysis of alternative development and funding options for such public buildings,
to the Dubuque Community School District and the Dubuque County Board of Supervi-
sors, as the affected taxing entities.
Passed, approved and adopted this 16th day of August, 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
BOARDS/COMMISSIONS
1. Boards and Commission Appointments: Appointments were made to the following
commissions.
i. Historic Preservation Commission: One, 3-Year term through July 1, 2024 (Vacant
term of Klavitter). Applicant: Tim Gau 2529 Windsor Ave. This commission is subject to
the State of Iowa Gender Balance Law. 9 Commissioners total; currently 4 males/2 fe-
males/3 openings. *Openings were advertised for 90 days while non -male identifying ap-
plicants 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. Motion by
Cavanagh to appoint Mr. Gau to the three-year term through July 1, 2024. Seconded by
Roussell. Motion carried 7-0.
ii. Housing Commission: Three, 3-Year terms through August 17, 2024 (Expiring terms
of Dalton, Weitz and Wooden). Applicants: Hilary Dalton, 1629 Washington St.; Gail
Weitz, 1630 Lori Ct.; and Sam Wooden, 1135 Rosedale Ave. Motion by Jones to appoint
Ms. Dalton, Ms. Weitz, and Mr. Wooden to the three-year terms through August 17, 2024.
Seconded by Farber. Motion carried 7-0.
iii. Housing Trust Fund Advisory Committee: One, 3-Year term through August 17,
2024 (Expiring term of Becwar). Applicant: Michelle Becwar, 2115 Coates St. Motion by
Jones to appoint Ms. Becwar to the three-year term through August 17, 2024. Seconded
by Resnick. Motion carried 7-0.
ACTION ITEMS
1. Grant Application for the U.S. Department of Commerce's National Telecommuni-
cations and Information Administration (NTIA) Funding for the Deployment of Broadband
Infrastructure: City Manager recommended the City Council submit an application to the
National Telecommunications and Information Administration (NTIA) for funding for the
Deployment of Broadband Infrastructure for deployment of broadband internet services
in the project area containing portions of Census Tracts 1, 3, 4 and 5. Motion by Jones to
receive and file the documents and adopt Resolution No. 288-21 Approving Application
for U.S. Department of Commerce's National Telecommunications and Information Ad-
ministration (NTIA) Funding for the deployment of Broadband Infrastructure. Seconded
by Roussell. Information Services Manager Chris Kohlmann and ImOn Communications
Vice President of Network Operations & Engineering Bernard Dutchik made a presenta-
tion. Topics included: NTIA's Broadband Infrastructure Program; Dubuque Community
Equitable Poverty Reduction and Prevention Plan; Digital equity; Affordability; Accessibil-
ity; Analysis; Snapshot of proposed project area; Covered partnerships; and Removal of
barriers. The presenters responded to questions from the City Council regarding the se-
lection process for the broadband provider and confirmed that there is no cost to the city
for this program. Dave Lyons, Sustainable Innovation Consultant with Greater Dubuque
Development Corporation (GDDC), responded to questions via phone regarding the city
and GDDC's partnership with ImOn Communications, best practices for training the com-
munity on technology, and opportunities to engage the community about broadband. City
Council members expressed support for the program and stated the importance of ex-
panding broadband access in the community. Motion carried 7-0.
19
RESOLUTION NO. 288-21
APPROVING APPLICATION FOR U.S. DEPARTMENT OF COMMERCE'S NATIONAL
TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION (NTIA) FUNDING
FOR THE DEPLOYMENT OF BROADBAND INFRASTRUCTURE
Whereas, 286 census blocks within census tracts 1, 3, 4 and 5 with a population of
12,700 and a total of 5,523 households have been identified as disproportionally receiving
broadband services and are identified as a project area for deployment of improved
broadband infrastructure; and
Whereas, A greater percentage of individuals and families living in the project area are
below the poverty line as compared to other areas of Dubuque, and the City has focused
its efforts on improving access to essential services and benefits and providing greater
economic opportunity to persons residing there; and
Whereas, ImOn Communications, LLC (ImOn) a provider of fixed broadband service,
is the co -applicant of this grant application as a covered partnership and a subrecipient
in the grant application; and
Whereas, ImOn proposes to construct within a proposed project area a Fiber -to -the
Premise last mile network that will make high speed broadband services available to all
residential, business and community anchor institutions in the project area fostering a
more sustainable, equitable and resilient Dubuque; and
Whereas, As a means to dramatically improve and "future -proof" the broadband infra-
structure and fixed broadband services available to residents, businesses and others
within the Bee Branch area, the City commits to partnering with and assisting ImOn, wher-
ever possible, with its deployment of a Fiber -to -the Premise last mile network in such area
that will: (1) make high speed broadband services available to all residential, business
and community anchor institutions in the project area offering various initial broadband
service packages with speeds significantly greater than qualifying broadband minimums,
up to and including speeds as high as 1 Gig download/500 Mb upload; and (2) also provide
a reliable, robust and scalable fiber broadband network and services by connecting to
ImOn's existing and extensive fiber backbone network; and
Whereas, The City and ImOn Communications will submit an application for NTIA fund-
ing for the deployment of broadband infrastructure $6,000,000 to construct within the pro-
posed project area a Fiber -to -the Premise last mile network, and deployment of additional
middle mile transport facilities connecting to ImOn's core backbone network allowing con-
nection of all local last -mile connections within the project area to its fiber backbone net-
work; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
Section 1. Approving the NTIA funding application for the deployment of broadband
infrastructure for $6,000,000.
Section 2. Establishing the City Manager as the City's authorized representative re-
garding the grant.
Passed, approved and adopted this 16th day of August 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
2. Amendment to City of Dubuque Code of Ordinances Title 4 Business and License
20
Regulations, Chapter 2 Liquor Control: City Clerk recommended City Council adoption of
an ordinance amending Title 4 Business and License Regulations, Chapter 2 Liquor Con-
trol to coincide with the Iowa Alcoholic Beverage Division's documentation and fee pro-
cedures and to authorize the City Clerk's Office to issue provisional approval for new and
renewal applicants prior to regularly scheduled City Council meetings when the applicants
have met all provisions of the city and state codes. 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 Farber. City Clerk Breitfelder summarized the
changes that would result from the ordinance amendment and responded to questions
from the City Council regarding the approval process for liquor license applications. Mo-
tion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 29-21 Amending
City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter
2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits, Sections 4-213-7
Proof of Financial Responsibility, 4-213-8 Fees and Surcharges, and 4-213-9 Action by
Council; forwarding of documents to state. Seconded by Farber. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 29-21
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND
LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR,
BEER AND WINE LICENSES AND PERMITS, SECTIONS 4-2B-7 PROOF OF FINAN-
CIAL RESPONSIBILITY, 4-213-8 FEES AND SURCHARGES, AND 4-2B-9 ACTION BY
COUNCIL; FORWARDING OF DOCUMENTS TO STATE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 4-213-7 of the City of Dubuque Code of Ordinances is amended to
read as follows:
4-213-7: PROOF OF FINANCIAL RESPONSIBILITY:
Each liquor control licensee and retail beer permittee shall furnish proof of financial
responsibility either by the existence of a liability insurance policy or by posting bond in
such amount as shall be determined by the Iowa Alcoholic Beverage Division which shall
be based on a review of factors, including but not limited to:
A. Amount of financial support and operating funds;
B. Prompt payment of state and local taxes;
C. Fees and charges for municipal utilities and services; and
D. Prompt payment of licensing fees and any administrative penalties.
Section 2. Section 4-213-8 of the City of Dubuque Code of Ordinances is amended to
read as follows:
4-2B-8: RESERVED:
Section 3. Section 4-213-9 of the City of Dubuque Code of Ordinances is amended to
read as follows:
4-213-9: ACTION BY COUNCIL; FORWARDING OF DOCUMENTS TO STATE:
A. Action taken by the city council shall be so endorsed on the application and there-
after the application shall be forwarded to the division for such further action as is provided
21
by law.
B. Provisional Licenses and Permits.
1. The City Clerk's Office is authorized to issue provisional approval for new and
renewal applicants for liquor, beer, and wine licenses and permits prior to regularly
scheduled City Council meetings when the applicants have met all of the application
and inspection provisions of the city and state codes.
2. The City Clerk shall place all provisional approvals on the next regularly sched-
uled City Council Agenda for review and either approval or revocation by the City Coun-
cil.
3. The City Council reserves the right to revoke any provisional new or renewal liq-
uor, beer, and wine approval issued by the City Clerk's Office when an applicant is no
longer eligible for a license or permit at the time of the regularly scheduled City Council
meeting and approval would result in the violation of any provisions of this code, other
city ordinances, or the state code.
Section 4. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 16t" day of August, 2021.
/s/Danny C. Sprank, Mayor Pro Tern
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on the 2011 day of August, 2021.
/s/Adrienne N. Breitfelder, City Clerk
3. Pledge Agreement and Letter of Support: City Manager recommended approval of
a Pledge Agreement and Letter of Support for inclusion in the Minnesota Board of Water
and Soil Resources' application for a USDA Natural Resources Conservation Service
Conservation Innovation Grant. Motion by Cavanagh to receive and file the documents
and approve the agreement and letter. Seconded by Resnick. Motion carried 7-0.
4. Orchard Drive, Cider Ridge and Jonathan Lane Water Main Project 2021 Award
Resolution: City Manager recommended award of the contract for the Orchard Drive, Ci-
der Ridge and Jonathan Lane Water Main Project 2021 to the low bidder, Temperley
Excavating, in the amount of $432,316.50. Motion by Jones to receive and file the docu-
ments and adopt Resolution No. 289-21 Awarding Public Improvement Contract for the
Jonathan Lane, Cider Ridge and Orchard Drive Water Main Replacement Project 2021.
Seconded by Roussell. Water Department Manager Christopher Lester responded to a
question from the City Council regarding changes to the bid amount. Motion carried 7-0.
RESOLUTION NO. 289-21
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE JONATHAN LANE, CI-
DER RIDGE AND ORCHARD DRIVE WATER MAIN REPLACMENT PROJECT 2021
Whereas, sealed proposals have been submitted by contractors for the Jonathan Lane,
Cider Ridge, and Orchard Drive Water Main Replacement Project, (the Project) pursuant
to Resolution No. 254-21 and Notice to Bidders published on the City of Dubuque, Iowa
website and plan room service with statewide circulation on the 23rd day of July 2021;
and
Whereas, said sealed proposals were opened and read on the 9th day of August 2021
and it has been determined that Temperley Excavating of East Dubuque, Illinois, in the
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base bid amount of $432,316.50, 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 Jonathan Lane, Cider Ridge, and Orchard
Drive Water Main Replacement Project, is hereby awarded to Temperley Excavating 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 16th day of August, 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
5. Intent to Apply for Expansion of Four Mounds Park: Acquisition of Four Mounds
Farm and Negotiate Purchase Agreement: City Manager recommended City Council ap-
proval to apply for expansion of Four Mounds Park: acquisition of Four Mounds Farm, a
40.47-acre farm located at 4392 Peru Road, and authorize the City Manager to negotiate
a purchase agreement with the Four Mounds Foundation. Motion by Cavanagh to receive
and file the documents and adopt Resolution No. 290-21 Authorizing the Mayor to exe-
cute an application for the expansion of Four Mounds Park: acquisition of Four Mounds
Farm and authorizing the Leisure Services Manager and the City Manager to approve the
application. Seconded by Farber. Park Division Manager Stephen Fehsal responded to a
question from the City Council regarding plans for FDR park. City Council members ex-
pressed support for the potential expansion of Four Mounds and suggested a work ses-
sion be scheduled in the future to review the Master Plan for FDR park. Motion carried 7-
0.
RESOLUTION NO. 290-21
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR
THE EXPANSION OF FOUR MOUNDS PARK: ACQUISITION OF FOUR MOUNDS
FARM AND AUTHORIZING THE LEISURE SERVICES MANAGER AND THE CITY
MANAGER TO APPROVE THE APPLICATION
Whereas, the City of Dubuque has an established and strong relationship with Four
Mounds Foundation; and
Whereas, the City of Dubuque proposes the Expansion of Four Mounds Park through
the acquisition of the Four Mounds Farm.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Section 1. That the Mayor hereby is authorized and directed to submit an application
for the Expansion of Four Mounds Park: Acquisition of Four Mounds Farm on behalf of
the City of Dubuque.
Section 2. That the Leisure Services Manager and the City Manager are hereby au-
thorized to approve the application that is submitted to Iowa Department of Natural Re-
sources.
Section 3. That the City Manager is hereby authorized and directed to forward said
application and resulting standard executed grant application to the respective agencies
in a timely fashion and as required by the Iowa Department of Natural Resources.
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Passed, approved and adopted this 16th day of August 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
6. City Fiscal Year 2022 Update to Dubuque County REAP 5-Year Plan and City Coun-
cil Representative to REAP Committee: City Manager recommended City Council ap-
proval of the City of Dubuque's Fiscal Year 2022 update to the Dubuque County 5-Year
REAP Plan and confirm City Council Member Danny Sprank as the City's representative
to the County REAP Committee. Motion by Jones to receive and file the documents and
approve the recommendation. Seconded by Resnick. Mayor Pro Tern Sprank confirmed
that he would like to continue serving on the REAP Committee. Motion carried 7-0.
7. Question & Answer Follow-up to August 2 Work Session on the City's 2021-2023
Equity Plan: City Manager requested time on the August 16, 2021, City Council agenda
for follow-up questions from the August 2, 2021, work session on the City's 2021-2023
Equity Plan. Motion by Cavanagh to receive and file the documents and refer to City
Council for discussion. Seconded by Resnick. Human Rights Director Kelly Larson re-
sponded to questions from the City Council on the equity plan's relationship to other city
plans and methods to track progress. Ms. Larson stated that additional data collection for
the equitable fine and fee reform project will be important. Responding to a question from
the City Council, City Attorney Brumwell stated that court fine and fee reform was a leg-
islative priority for the past two years, and that court data is tracked through the state
judicial branch at the county level. Responding to a question from the City Council, Hous-
ing and Community Development Director Alexis Steger stated that the city continues
discussions with local organizations to potentially create a volunteer group to assess
properties. In response to a question from the City Council about the new Director of
Shared Prosperity role, City Manager Van Milligen stated that the Equitable Poverty Re-
duction and Prevention Plan advised that a city staff person was needed for implementa-
tion of the plan's recommendations. Responding to a question from the City Council, Chief
of Police Mark Dalsing stated that city staff plan to begin the hiring process for the Com-
munity Diversion and Prevention Coordinator position in the next few months. Motion car-
ried 7-0.
8. City of Dubuque Summer 2021 AmeriCorps Core Values Video: Media Services
showed a video highlighting the Summer 2021 AmeriCorps Program. Motion by Roussell
to receive and file the information and view the video. Seconded by Farber. Motion carried
7-0.
COUNCIL MEMBER REPORTS
Council Member Jones complimented the team responsible for the recent Field of
Dreams game in Dyersville. Mr. Jones also reported on the Miracle League of Dubuque
ribbon cutting ceremony and the recent passing of Mike Ironside.
Mayor Pro Tern Sprank also reported on the Miracle League of Dubuque ribbon cutting
ceremony and stated that Crescent Community Health Center also had a ribbon cutting
recently.
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There being no further business, Mayor Pro Tern Sprank declared the meeting ad-
journed at 8:07 p.m.
/s/Adrienne N. Breitfelder, City Clerk
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