Proof_City Council Proceedings 8.02.21City of Dubuque Consent Items # 1.
City Council Meeting
ITEM TITLE: Minutes and Reports Submitted
SUMMARY:
SUGGESTED
DISPOSITION:
ATTACHMENTS:
Description
Copyrighted
September 7, 2021
City Council Proceedings of 8/16, 8/23, 8/24, and 8/25; Library Board of
Trustees Minutes of 7/22; Proof of publication for City Council
proceedings of 8/2, 8/9, and 8/16; Proof of publication for List of Claims
and Summary of Revenues for Month Ended 7/31.
Suggested Disposition: Receive and File
City Council Proceedings of 8/16/21
City Council Proceedings of 8/23/21
City Council Proceedings of 8/24/21
City Council Proceedings of 8/25/21
Library Board of Trustees Minutes of 7/22/21
Proof of Publication for City Council Proceedings of
8/2/21
Proof of Publication for City Council Proceedings of
8/9/21
Proof of Publication for City Council Proceedings of
8/ 16/21
Proof of Publication for List of Claims / Summary of
Revenues for Month Ended 7/31/21
Type
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
08/11/2021
and for which the charge is 337.49
Subscribed to before e, a Notary Public in a or
Dubuque County, Iowa,
this 16th day of August, 2021
Notary Public in and for Dubuque County, Iowa.
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Ad text : CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 5:00 p.m.
on August 2, 2021, in the second -floor Council Chambers of the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Cavanagh, Farber,
Jones, Resnick, Roussell, Sprank; City Manager Van Milligen,
City Attorney Bramwell.
Mayor Buol read the call and stated this is a special
session of the City Council called for the purpose of
conducting a work session on the 2021-2023 Equity Plan
Projects update.
WORK SESSION
2021-2023 Equity Plan Projects update
Kelly Larson, Human Rights Director; Collins Eboh,
Organizational Equity Coordinator; Mark Dalsing, Chief of
Police; Rick Steines, Fire Chief, Chris Kohlmann, Information
Services Manager; Dave Lyons, Sustainable Innovation
Consultant with Greater Dubuque Development Corporation; and
Jill Connors, Economic Development Director presented updates
on the status of several projects that are part of the
2021-2023 City of Dubuque Equity Plan. Topics included:
- Equity Impact Questions
- Dubuque Community Police Rela-tions Committee
- School Resource Officer Work
Group
- Development of Equity Metrics
- Housing Credit Repair
- Housing Choice for Housing
Choice Voucher (HCV) Recipients
- Fair Housing Enforcement
- Municipal Careers Pipeline
- Equitable Fine and Fee Reform
- Potential Strategies for Advancing
Equity
- Re -imagining Policing
- Fire Department Training in Critical Incident Response
- Digital Equity
- Targeted Small Businesses
Ms. Larson responded to questions from the City Council
following the presentation. City Manager Van Milligen stated
that the data analyst position in the recently established
Office of Shared Prosperity and the release of census data in
the next few months will both provide valuable data for equity
projects.
There being no further business, Mayor Buol declared the
meeting adjourned at 6:29 p.m.
/s/Adrienne N. Breitfelder
City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m.
on August 2, 2021, in the second -floor Council Chambers of the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Cavanagh, Farber,
Jones, Resnick, Roussell, Sprank; City Manager Van Milligen,
City Attorney Brumwell.
Mayor Buol read the call and stated this is a regular
session of the City Council called for the purpose of
conducting such business that may properly come before the
City Council.
PLEDGE OF ALLEGIANCE
PRESENTATION(S)
1. Iowa City/County Managers Association (IaCMA) 2021
Emerging Leader Award Presentation: Dylan Mulfinger, City
Administrator for the City of Oelwein, presented Assistant
City Manager Cori Burbach with the Iowa City/County Managers
Association (IaCMA) 2021 Emerging Leader Award.
2. COVID-19 Update: Mary Rose Corrigan, Public Health
Specialist for the City of Dubuque, provided an update on the
COVID-19 pandemic and response activities.
PROCLAMATION(S)
1. Miracle League of Dubuque Day Proclamation (August 10,
2021) was accepted by Merlin Santjer on behalf of Miracle
League of Dubuque.
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt
the resolutions, and dispose of as indicated. Seconded by
Farber. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council proceedings
of 7/19; Arts and Cultural Affairs Advisory Commission of 6/22
and 7/13; Five Flags Civic Center Advisory Commission of 5/3;
Historic Preservation Commission of 6/17 and 7/15; Proof of
Publication for City Council Proceedings of 7/6. Upon motion
the documents were received and filed.
2. Notice of Claims and Suits: Jennifer Avery for vehicle
damage; Masud Hamid for personal injury; Mark and Diane Link
for property damage. Upon motion the documents were received,
filed, and referred to the City Attorney.
3. Disposition of Claims: City Attorney advising that the
following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance
Pool: Jennifer Avery for vehicle damage; Mark and Diane Link
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. 261-21 Authorizing the Director of Finance and Budget/City
Treasurer to make certain payments of bills that must be paid
and approved for payment in accordance with City procedures
was adopted.
5. Resolution Approving Fund Transfers for Capital Projects
and Other Expense Reimbursements in Fiscal Year 2021 Period
13: City Manager recommended approval of the suggested
proceedings approving a transfer of funds for capital projects
and other expense reimbursements. Upon motion the documents
were received and filed, and Resolution No. 262-21 Authorizing
the Director of Finance and Budget to make the appropriate
interfund transfers of sums and record the same in the
appropriate manner for the FY 2021 for the City of Dubuque,
Iowa was adopted.
6. Proceedings to Complete Action on Issuance of $3,505,000
Water Revenue Refunding Bonds, Series 2021C: City Manager
recommended approval of the suggested proceedings to complete
the action required on the recent Series 2021C Water Revenue
Refunding Bonds Upon motion the documents were received and
filed, and Resolution No.263-21 Appointing UMB Bank, N.A. of
West Des Moines, Iowa, to serve as Paying Agent, Bond
Registrar, and Transfer Agent, approving the Paying Agent and
Bond Registrar and Transfer Agent Agreement and authorizing
the execution of the agreement/ and Resolution No. 264-21 A
Series Resolution authorizing and providing for the issuance
and securing the payment of $3,505,000 Water Revenue Refunding
Bonds, Series 2021C, of the City of Dubuque, State of Iowa,
under the provisions of the City Code of Iowa, and providing
for a method of payment of the bonds were adopted.
7. Transmission of Art on the River Opening Reception
Programming Details: City Manager transmitted information
related to the opening reception for the Art on the River
exhibition to be held on Friday, August 6 from 5:00 to 7:00
p.m. Upon motion the documents were received and filed.
8. Iowa State Fire Marshal Fireworks Grant Program Intent to
Apply: City Manager recommended approval to apply for the
annual fireworks grant program from the Iowa State Fire
Marshal in the amount of $57,000. Upon motion the documents
were received, filed and approved.
9. Radio Dubuque and Dubuque Jaycees 2022 Fireworks Request:
Correspondence from Perry Mason, General Manager for Radio
Dubuque, and the Dubuque Jaycees requesting approval to
conduct a fireworks display on Sunday, July 3, 2022 from 9:00
p.m. to 10:30 p.m. on Volunteer Road between Hawthorne Street
and Lime street in conjunction with the closure of indicated
streets and A.Y. McDonald Park as part of a special events
request. The rain date is Monday, July 4, 2022. Upon motion
the documents were received, filed and approved.
10. Pre -Annexation Agreement - Katherine A. Kalb Trust: City
Manager recommending approval of a Pre -Annexation Agreement
with the Katherine A. Kalb Trust for property located at 9620
Monticello Drive in Dubuque County, in conjunction with their
request to connect to City water. Upon motion the documents
were received and filed, and Resolution No. 265-21 Approving a
Pre -Annexation Agreement between the City of Dubuque, Iowa and
Katherine A. Kalb Trust was adopted.
11. Dubuque Racing Association Depreciation and Improvement
Fund Expenditure Request for Replacement of South Entrance
Concrete: City Manager recommended approval to spend $15,269
from the Depreciation and Improvement Fund to be used to
replace the sidewalks at the casino south entrance due to
settling. Upon motion the documents were received, filed and
approved.
12. Notice of Award and Approval to Execute Agreement for
City of Dubuque AmeriCorps Program: Partners in Learning: City
Manager recommended approval for the City Manager to execute
the AmeriCorps Partners in Learning Grant 21-AC-10. Upon
motion the documents were received, filed and approved.
13. Grass and Weed Cutting and Garbage Collection
Assessments: City Manager recommended adoption of a resolution
authorizing the City Clerk to certify grass and weed cutting
and garbage collection charges to the Dubuque County Treasurer
in order to establish real property liens for collection of
such charges. Upon motion the documents were received and
filed, and Resolution No. 266-21 Authorizing the city to
collect delinquent grass and weed cutting and garbage
collection charges in accordance with Title 6-4-3A and Title
6-8-2 of the Code of Ordinances of the City of Dubuque, Iowa
was adopted.
14. Signed Contract(s): 2021 Docking Agreement with American
Cruise Lines; Facility Use Agreement with Boys' and Girls'
Club of Greater Dubuque; Amendment No. 1 to Professional
Services Agreement with Origin Design Co. for the South Port
Flood Control Levee Repair Project; Fifth Amendment to
Facility Management Agreement with Platinum Hospitality Group,
LLC. Upon motion the documents were received and filed.
15. Improvement Contracts / Performance, Payment and
Maintenance Bonds: Reed Construction for the Fire Station 6
External Stairwell Addition Project. Upon motion the documents
were received, filed and approved.
16. Multicultural Family Center Sidewalk Replacement
Project: (CIP 2602833, 3602742, 3001425, 3002142): City
Manager recom-mended acceptance of the construction contract
for the Multicultural Family Center Sidewalk Replacement
Project, as completed by McDermott Excavating, in the final
amount of $73,963.76. Upon motion the documents were received
and filed, and Resolution No. 267-21 Accepting the
Multicultural Family Center Sidewalk Replacement Project and
authorizing the final payment to the contractor was adopted.
17. Bee Branch Railroad Culvert Trail Project: CIP# 3401654,
PROJECT# 4X0039; CIP#7201654, PROJECT# 8X0144: City Manager
recommended award of the construction contract for the Bee
Branch Railroad Culvert Trail Project to the low bidder,
Tricon General Construction, Inc., in the amount of $444,735,
which is 0.75 % below the engineers estimate. Upon motion the
documents were received and filed, and Resolution No. 268-21
Awarding the Public Improvement Contract for the Bee Branch
Railroad Culvert Trail Project was adopted.
18. Asbury Road Fiber Optic Collaboration Project Phase 1 -
CIP 1002871: City Manager recommended acceptance of the
construction contract for the Asbury Road Fiber Optic
Collaboration Project Phase I, as completed by Utility Service
Contractors, in the final contract amount of $79,145.14. Upon
motion the documents were received and filed, and Resolution
No. 269-21 Accepting the Asbury Road Fiber Optic Collaboration
Project Phase I and authorizing the payment to the contractor
was adopted.
19. Asbury Road Fiber Optic Collaboration Project Phase 2 -
CIP 1002871: City Manager recommended acceptance of the
construction contract for the Asbury Road Fiber Optic
Collaboration Project Phase 2, as completed by TD&I Cable
Management, in the contract amount of $198,549.65. Upon motion
the documents were received and filed, and Resolution No.
270-21 Accepting the Asbury Road Fiber Optic Collaboration
Phase 2 Project, and authorizing the payment to the contractor
was adopted.
20. Asbury Road Fiber Optic Collaboration Project Phase 3 -
CIP 1002871: City Manager recommended acceptance of the
construction contract for the Asbury Road Fiber Optic
Collaboration Project Phase 3, as completed by Utility Service
Contractors, in the contract amount of $29,530.42. Upon motion
the documents were received and filed, and Resolution No.
271-21 Accepting the Asbury Road Fiber Optic Collaboration
Phase 3 Project and authorizing the payment to the contractor
was adopted.
21. Chaplain Schmitt Island Fiber Collaboration Project -
CIP 1002871: City Manager recommended acceptance of the
construction contract for the Chaplain Schmitt Island Fiber
Collaboration Phase, as completed by Utility Service
Contractors, in the contract amount of $143,412. Upon motion
the documents were received and filed, and Resolution No.
272-21 Accepting the Chaplain Schmitt Island Fiber
Collaboration Project and authorizing the payment to the
contractor was adopted.
22. Kaufmann Avenue Storm Sewer Improvement Project from
Francis Street to North Main Street (CIP 2642769, PROJECT
1X0006, CIP 2642769, PROJECT 1X0005 and CIP 64042735): City
Manager recommended acceptance of the public improvement
contract for the Kaufmann Avenue Storm Sewer Improvement
Project from Francis Street to North Main Street, as completed
by Portzen Construction, Inc., in the contract amount of
$1,739,281.62, which is a 2.14% decrease from the original
contract amount of $1,777,262.50. Upon motion the documents
were received and filed, and Resolution No. 273-21 Accepting
the Kaufmann Avenue Storm Sewer Improvement Project from
Francis Street to North Main Street and authorizing the final
payment to the contractor was adopted.
23. 2021 Stumps / Sidewalk Project One: City Manager
recommended that the award for the 2021 Stumps/Sidewalk
Project One be officially recorded in the minutes of the City
Council. Upon motion the documents were received, filed and
made a Matter of Record.
24. 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. 274-21 Approving applications for beer,
liquor, and/or wine permits, as required by City of Dubuque
Code of Ordinances Title 4 Business and License Regulations,
Chapter 2 Liquor Control, Article B Liquor, Beer and Wine
Licenses and Permits was adopted.
BOARDS/COMMISSIONS
Applications were reviewed for the following Boards and
Commissions. Applicants were invited to address the City
Council regarding their desire to serve on the following
Boards/Commissions.
i. Historic Preservation Commission: One, 3-Year term
through July 1, 2024 (Vacant term of Klavitter. Previously
appointed applicant, John Link, is no longer able to serve the
term.)* Applicant: Tim Gan, 2529 Windsor Ave. This commission
is subject to the State of Iowa Gender Balance Law. 9
Commissioners total; currently 4 males/2 females/3 openings.
*Opening was advertised for 90 days while non -male identifying
applicants were sought in adherence with Iowa Code 69.16A
Gender Balance. Additional openings on the commission are
being advertised for 90 days while non -male identifying
applicants are sought in adherence with Iowa Code 69.16A
Gender Balance.
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.; Sam Wooden, 1135 Rosedale Ave. Mr. Wooden spoke
in support of his appointment and provided a brief biography.
iii. Housing Trust Fund Advisory Committee: One, 3-Year term
through August 17, 2024 (Expiring term of Becwar) Applicant:
Michelle Becwar, 2115 Coates St.
PUBLIC HEARINGS
1. Simmons Pet Food, Inc.: Subordination of Consent Rights
Under Development Agreement, Payment Direction and Estoppel
Certificate: Proof of publication on notice of public hearing
to consider City Council approval of the subordination of
Consent Rights under the Development Agreement with Simmons
Pet Food, Inc., and City Manager recommended approval. Motion
by Jones to receive and file the documents and adopt
Resolution No. 275-21 Disposing of an interest in real
property by Subordination of Consent Rights under Development
Agreement, Payment Direction and Estoppel Certificate with
Simmons Pet Foods, Inc. Seconded by Cavanagh. Motion carried
7-0.
2. Orchard Drive, Cider Ridge and Jonathan Drive Water Main
Project 2021 Public Hearing: Proof of publication on notice of
public hearing to consider City Council approval of the plans,
specifications, form of contract and estimated cost of
$429,065 for Orchard Drive, Cedar Ridge and Jonathan Drive
Water Main Project 2021, and City Manager recommended
approval. Motion by Roussell to receive and file the documents
and adopt Resolution No. 276-21 Approval of plans,
specifications, form of contract, and estimated cost for the
Orchard Drive, Cider Ridge, and Jonathan Dr. Water Main
Project. Seconded by Sprank. Motion carried 7-0.
ACTION ITEMS
1. Request to Rezone Lot D of Rustic Point Estates (End of
Lasso Court) - Quasi -Judicial Rezoning Request (Second
Reading): Second reading of a proposed ordinance for City
Council approval of a request from Buesing and Associates,
Inc. to rezone property located at Lot D of Rustic Point
Estates (End of Lasso Court) from R-1 Single -Family
Residential to PUD Planned Unit Development with a PR Planned
Residential designation to accommodate a 35-unit single-family
residential development, and Zoning Advisory Commission
recommended approval. City Manager transmitted information on
the floor plans and renderings of the proposed building for
the Vintage Estates of Dubuque. 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 Resnick. Planning Services
Manager Wally Wernimont stated that the planning department
did not receive a lot of public comment after the first
reading of the proposed ordinance and summarized the
quasi-judicial re -zoning process. Motion carried 7-0.
Motion by Jones for final consideration and passage of
Ordinance No. 28-21 Amending Title 16 of the City of Dubuque
Code of Ordinances, Unified Development Code, rezoning a
portion of Lot D Rustic Point Estates Subdivision from R-1
Single Family Residential District to PUD Planned Unit
Development with a PR Planned Residential Designation for the
Vintage Estates of Dubuque Development. Seconded by Resnick.
Motion carried 7-0.
2. Fiscal Year 2022 Arts & Culture Operating Support Grant
Funding Recommendation: City Manager recommended City Council
approval to fund nineteen arts and culture organizations
through the Arts & Culture Operating Support Grants for Fiscal
Year 2022. Motion by Roussell to receive and file the
documents and approve the recommendation. Seconded by Farber.
Motion carried 7-0.
3. Updated Fiscal Year 2022 Dollars & Cents Public
Information Brochure: City Manager provided a copy of the
updated Fiscal Year 2022 Dollars & Cents public information
brochure. Motion by Cavanagh to receive and file the
documents. Seconded by Sprank. City Manager Van Milligen
summarized the updates to the brochure. Motion carried 7-0.
4. Request for Work Session: Imagine Dubuque Update: City
Manager requested the City Council schedule a work session on
Monday, August 9, 2021, at 6:30 p.m. for an update on the
Imagine Dubuque Comprehensive Plan. Motion by Jones to receive
and file the documents and schedule the work session as
recommended. Seconded by Resnick. Council Members Cavanagh and
Roussell stated they are unable to attend. Motion carried 7-0.
5. Request for Work Session: Project Hope Quarterly Update:
City Attorney requested the City Council schedule a work
session for Monday, September 20, 2021, at 5:00 p.m. for the
quarterly update on Project Hope. Motion by Roussell to
receive and file the documents and schedule the work session
as recommended. Seconded by Farber. Mayor Buol stated that he
may not be able to attend. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Jones reported on attending a recent meeting
with residents of the Table Mound mobile home park. Mr. Jones
stated that state lawmakers attended the meeting and discussed
potential bi-partisan legislation, and that former Dubuque
City Council Member Brett Shaw was also in attendance.
Council Member Sprank reported that he also attended the
meeting with Table Mound residents. Mr. Sprank stated that
federal CARES Act funds could potentially offer financial
assistance for the residents. Mr. Sprank also reported that
National Night Out is taking place on August 3rd in Comiskey
Park.
Council Member Resnick reported on recently attending a
Music in the Gardens event at the Dubuque Arboretum. Mr.
Resnick stated that the event was well attended.
There being no further business, Mayor Boot declared the
meeting adjourned at 7:43 p.m.
/s/Adrienne N. Breitfelder
City Clerk
It 8/11