Proof_City Council Proceedings 06.06.22City of Dubuque Consent Items # 01.
City Council Meeting
ITEM TITLE: Minutes and Reports Submitted
SUMMARY:
SUGGESTED
DISPOSITION:
ATTACHMENTS:
Description
Copyrighted
July 5, 2022
City Council proceedings of 6/06/22, 06/20/22, and 06/27/22; Five Flags
Civic Center Advisory Commission of 6/27/22; Proof of publication for
City Council proceedings of 6/6/22.
Suggested Disposition: Receive and File
City Council proceedings of 6/06/22
City Council proceedings of 6/20/22
City Council proceedings of 6/27/22
Five Flags Civic Center Commission Minutes of
6/27/22
Proof of Publication for City Council proceedings of
6/6/22
Type
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:
06/15/2022
and for which the charge is 372.56
Su scribed to be re me, a Notary blic in and for
Dubuque County, Iowa,
this 20th day of June, 2022
Notary Pu U
in and for Dubuque County, Iowa.
if!jkl�
JANET K, PAPE
Comimissloo Numim 199859
IMy Comm. Exp. DEC 11, 21
Ad text : CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m.
on June 6, 2022, in the second -floor Council Chambers of the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Pro Tem. Resnick; Mayor Cavanagh (attended
virtually); Council Members Farber, Roussell, Sprank, Wethal;
City Manager Van Milligen, City Attorney Bramwell.
Absent: Council Member Jones
Mayor Pro Tern Resnick 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.
SWEARING IN
1. Swearing In Police Chief Jensen: City Manager Van
Milligen swore in Police Chief Jeremy Jensen.
2. Swearing In Fire Chief Scheller: City Manager Van
Milligen swore in Fire Chief Amy Scheller.
PRESENTATION(S)
1. Golden Post Award Finalist for Best LinkedIn Presence:
Communications Specialist Trevor Fannon was recognized for the
City of Dubuques LinkedIn presence recently named one of three
2022 finalists for Best LinkedIn Presence Golden Post Award
from Government Social Media.
2. Anderson Sainci Individual Governor's Volunteer Service
Award: Director of Office of Shared Prosperity and
Neighborhood Support Anderson Sainci was recognized for
receiving an Individual Governor's Volunteer Service Award.
3. Tessie Strohm Individual Governor's Volunteer Service
Award: AmeriCorps Teen Specialist Tessie Strohm was recognized
for receiving an Individual Governor's Volunteer Service
Award.
4. COVID-19 Update: Public Health Specialist Mary Rose
Corrigan provided an update on the COVID-19 pandemic and
response activities.
PROCLAMATIONS)
1. Men's Health Month (June 2022) was accepted by Permit
Clerk Pam McCarron on behalf of the City of Dubuque Wellness
Committee and the Men's Health Network.
2. Pride Month (June 2022) was accepted by Indigo Charing
and City Council member Danny Sprank on behalf of the Dubuque
LGBTQ + Resource Network and the Multicultural Family Center.
3. World Elder Abuse Awareness Day (June 15, 2022) was
accepted by Stacie Speirs on behalf of the Northeast Iowa Area
Agency on Aging.
CONSENT ITEMS
Motion by Roussell to receive and file the documents, adopt
the resolutions, and dispose of as indicated. Seconded by
Farber. Motion carried 6-0.
1. Minutes and Reports Submitted: Library Board of Trustees
of 3/24; Proof of publication for City Council Proceedings of
5/2; Proof of publication for List of Claims and Summary of
Revenues for Month Ended 4/30. Upon motion the documents were
received and filed.
2. Notice of Claims and Suits: Missouri Employers Mutual for
personal injury. Upon motion the documents were received,
filed, and referred to the City Attorney.
3. Disposition of Claims: City Attorney advised that the
following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance
Pool: Missouri Employers Mutual for personal injury. Upon
motion the documents were received, filed, and concurred.
4. Approval of City Expenditures: Upon motion the documents
were received and filed, and Resolution No. 203-22 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. Proceedings to Complete Action on Issuance of $2,345,000
Tax -Exempt General Obligation Bonds, Series 2022A and
$7,220,000 Taxable General Obligation Bonds, Series 202213:
Upon motion the documents were received and filed, and
Resolution No. 204-22 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; Resolution No. 205-22 Authorizing and providing
for the issuance of $2,345,000 General Obligation Bonds,
Series 2022A, and levying a tax to pay said bonds; approval of
the Tax Exemption Certificate and Continuing Disclosure
Certificate; Resolution No. 206-22 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. 207-22
Authorizing and providing for the Issuance of $7,220,000
Taxable General Obligation Bonds, Series 2022B, and levying a
tax to pay said bonds; approval of the Continuing Disclosure
Certificate were adopted.
6. Resolution Approving Fund Transfers for Capital Projects
and Other Expense Reimbursements in Fiscal Year 2022 Period
12: Upon motion the documents were received and filed, and
Resolution No. 208-22 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 2022 for
the City of Dubuque, Iowa was adopted.
7. Audit Service Recommendation: City Manager recommended
the selection of BKD LLP, to replace the Citys current auditor
Eide Bailly LLP, to provide the Citys auditing services for
the next five fiscal years and authorize the City Manager to
sign the audit service agreement. Upon motion the documents
were received, filed, and approved.
8. First Amendment to Grant Agreement for Dubuque Dream
Center Improvements: Upon motion the documents were received
and filed, and Resolution No. 209-22 Approving the First
Amendment to Grant Agreement between the City of Dubuque, Iowa
and Dubuque Dream Center, Inc. was adopted.
9. State of Iowa Business Financial Assistance Contract
among Hormel Foods Corporation and Progressive Processing,
LLC, the City of Dubuque, Iowa, and Iowa Economic Development
Corporation: Upon motion the documents were received and
filed, and Resolution No. 210-22 Approving the Contract for
State Business Financial Assistance by and among Hormel Foods
Corporation and Progressive Processing, LLC, the City of
Dubuque, Iowa, and the Iowa Economic Development Authority was
adopted.
10. Sculptures for 2022-23 Art on the River Rotating Public
Art Exhibition: City Manager recommended City Council approve
the Arts & Cultural Affairs Advisory Commissions
recommendation as noted, related to the 2022-23 Art on the
River exhibit. Upon motion the documents were received, filed,
and approved.
11. Asset Purchase Agreement between the City of Dubuque and
Twin Ridge Water, Inc. Reconveyance of Well Parcel: Upon
motion the documents were received and filed, and Resolution
No. 211-22 Approving a Quit Claim Deed to Linda S. Schuster
was adopted.
12. Memorandum of Understanding City Water Service to
Briarwood Residential Subdivision: Upon motion the documents
were received and filed, and Resolution No. 212-22 Approving a
Memorandum of Understanding between the City of Dubuque and
Briarwood Homeowners Association for improvements and
connection to its water distribution system was adopted.
13. 2022 Asphalt Overlay Curb Ramp Project 4: Upon motion
the documents were received, filed, and made a Matter of
Record.
14. 2021 Asphalt Overlay Access Ramp Project 4: Upon motion
the documents were received and filed, and Resolution No.
213-22 Accepting the 2021 Asphalt Overlay Access Ramp Project
4 and authorizing the payment to the contractor was adopted.
15. Smart Traffic Routing with Efficient and Effective
Traffic Systems (STREETS) Professional Consultant Services
Contract: Upon motion the documents were received and filed,
and Resolution No. 214-22 Approving Professional Services
Consultant Contract with Parsons Transportation Group, Inc. to
design and implement the Smart Traffic Routing with Efficient
and Effective Traffic System (STREETS) was adopted.
16. Improvement Contracts / Performance, Payment and
Maintenance Bonds: BCD Contractors, LLC for the 2022 Asphalt
Overlay Ramp Project Two; BCD Contractors, LLC for the 2022
Asphalt Overlay Ramp Project Three; McDermott Excavating for
the Stoneman Road Reconstruction Project; Portzen
Construction, Inc. for the Mystique Ice Center Ice Rink
Concrete Subfloor Project; Portzen Construction, Inc. for the
Mystique Ice Arena Stadium Seating Removal and Replacement
Project; Rink-Tec International, Inc. for the Mystique Ice
Center Rink Ice System Removal and Replacement Project; SELCO,
Inc. for the 2022 Pavement Marking Project. Upon motion the
documents were received, filed, and approved.
17. Signed Contract(s): Electric Service Agreement with
Interstate Power and Light Company. Upon motion the documents
were received and filed.
18. Proposed I lth Amendment to Master Co -location and Shared
Services Agreement between the City of Dubuque and ImOn
Communications LLC: Upon motion the documents were received,
filed, and approved.
19. Jule Low Emission/No Emission Grant Application: City
Manager submitted the Letter of Financial Commitment by the
City Manager to be included in the 2022 FTA Low Emission / No
Emission Grant Application. Upon motion the documents were
received and filed.
20. 2022 Water Quality Report: City Manager provided a copy
of the 2022 Water Quality Report Public Information Brochure.
Upon motion the documents were received and filed.
21. Field of Dreams Project Brochure: City Manager provided
a copy of Travel Dubuque's Field of Dreams Project Brochure.
Upon motion the documents were received and filed.
22. Alcohol and Tobacco License Applications: Upon motion
the documents were received and filed, and Resolution No.
215-22 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
and Resolution No. 216-22 Approving applications for retail
cigarette / tobacco sales / nicotine / vapor permits, as
required by Iowa Code Chapter 453A.47A were adopted.
ITEMS SET FOR PUBLIC HEARING
Motion by Sprank to receive and file the documents, adopt
the resolutions, and set the public hearings as indicated.
Seconded by Wethal. Motion carried 6-0.
1. FY 2023 Annual Action Plan Set for Public Hearing: Upon
motion the documents were received and filed, and Resolution
No. 217-22 Setting a Public Hearing on the Fiscal Year 2023
(Program Year 2022) Community Development Block Grant (CDBG)
Annual Action Plan Budget was adopted setting a public hearing
for a meeting to commence at 6:30 p.m. on July 5, 2022, in the
Historic Federal Building.
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. Applicants indicated (spoke) in favor of
their application and provided a short biography. Other
applicant provided written statement supporting their
application and short biographies.
i. Arts and Cultural Affairs Advisory Commission: Four,
3-Year terms through June 30, 2025 (Expiring terms of
Levasseur, Decker, Riedel, and Halder) Applicants: Shirley
Davis-Orwoll, 2635 West 32nd St. (spoke), Doug Donald, 2920
Arbor Oaks Ct. (spoke), Ali Levasseur, 1318 Jackson St. Nick
Halder, 876 S. Grandview Ave. Aaliyah Herrion, 2761 Broadway
St. (spoke), Susan Riedel, 282 Kellys Bluff Brianna Thompson,
1691 Main St. Miles Turner, 1129 Center Pl.
ii. Civic Center Advisory Commission: Three, 3-Year terms
through June 29, 2025 (Expiring terms of Blau, Christner, and
Bakke) Applicants: Rod Bakke, 3030 Karen St. (spoke), Brenda
Christner, 655 Florence St. (spoke), Peter Gaul, 2021 Ellen
St. McKenzie Blau, 1548 Pego Ct.
iii. Equity and Human Rights Commission: One, 3-Year term
through January 1, 2023 (Vacant term of Gardiner) and Two,
3-Year terms through January 1, 2024 (Vacant terms of Merfeld
and McCarthy) and One, 3-Year term through January 1, 2025
(Vacant term of Grant) Applicants: Carla Anderson, 1131 Main
St. (spoke), Pamela Birch, 1550 Butterfields Dr. Janelle
Branch, 325 * West Ist St. Yindra Dixon, 251 Hidden Oaks Ct.
Aaliyah Herrion, 2761 Broadway St. Kristen Leffler, 159 Julien
Dubuque Dr. Lauren Link, 535 West 5th St. (spoke). Candace
Raymond, 1155 Tressa St. Nina Streauslin, 3904 Cora Dr.
Nichole Weber, 535 South Grandview Ave. This commission is
subject to the State of Iowa gender Balance Law. 9
Commissioners total; Currently 3 males / 3 females / 3
openings
iv. Historic Preservation Commission: Two, 3-Year terms
through July 1, 2025 (Expiring terms of Stuter; West I Ith
District and Esser; Jackson Park District) Applicants: Janice
Esser, 1072 Locust St. (Qualifies as Jackson Park District
Representative) Rick Stuter, 1296 Prairie St. (Qualifies as
West I Ith District Representative) This commission is subject
to the State of Iowa gender Balance Law. 9 Commissioners
total; Currently 4 males / 3 females / 2 opening
v. Investment Oversight Advisory Commission: One, 3-Year
term through July 1, 2025 (Expiring terms of Merritt)
Applicant: Joshua Merritt, 2454 Pennsylvania Ave.
vi. Library Board of Trustees (Mayoral Appointment): Two,
4-Year terms through July 1, 2026 (Expiring terms of Kramer
and Poggemiller) Applicants: A. Alanda Gregory, 653 White St.
(spoke). Andrew Bland, 1227 Timber Hyrst Court, (spoke).
Nicole Klar, 2437 Matthew John Dr. This commission is subject
to the State of Iowa gender Balance Law. 7 Commissioners
total; Currently 3 males / 2 females / 2 openings
vii. Park and Recreation Advisory Commission: Three, 3-Year
terms through June 30, 2025 (Expiring terms of Werner, McCoy,
and Wood) Applicants: Gilbert Baca, 830 Southern Ave. Lori
011endick, 1390 Oak Park Pl. Hobie Wood, 65 Cambridge Ct.
viii. Resilient Community Advisory Commission: One, 3-Year
term through July 1, 2025 (Expiring term of Kohlhaas)
Applicant: Sandra Evans, 1276 South Grandview Ave.
PUBLIC HEARINGS
1. 32nd Street and Northwest Arterial Rezoning Request:
Motion by Roussell 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
Sprank. Paul Baker, 2945 Breck Rd. Spoke regarding a conflict
of interest for the Zoning Advisory Commission and the slope
of the proposed street. Chad Cox, 2742 Tiffany Crt. Spoke on
behalf of himself and neighbors regarding concerns of traffic
and safety. Keith Lucy, 3065 Huntington Dr. Spoke regarding
postponing until after studies are complete. Larry Bergquist,
2797 Tiffany Crt. Spoke regarding the desire for a more
confident plan moving forward. Emily Ward, 2758 Tiffany Crt.,
Christian Peterson, 2745 Tiffany Crt., Ray Herzog, 2717
Tiffany Crt., all spoke regarding safety issues with traffic.
Wally Wernimont, Planning Services Manager responded to
questions from council and provided additional information
regarding the zoning process and explained the process that is
followed if there appears to be a conflict of interest for
members on the Zoning Advisory Commission. Motion Failed 4-2
with Roussell and Farber voting Nay. Motion by Cavanagh to
approve fist reading for the proposed Ordinances No. 22-22
Amending Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, by reclassifying hereinafter
described property located between 32nd Street and Northwest
Arterial (Parcel 1015276004) from AG Agriculture District to
R-1 Single- Family Residential and R-4 Multi -Family
Residential Developments District as shown on rezoning Exhibit
A. Motion failed due to lack of second. Motion by Wethal to
separately evaluate the RI and R4 zoning portions of Ordinance
22-22 and to receive and file and approve the first reading of
an amendment of Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code, by reclassifying
hereinafter described property located between 32nd Street and
Northwest Arterial (Parcel 1015276004) from AG Agriculture
District to R-I Single -Family Residential Developments
District as shown on rezoning Exhibit A. Cavanagh seconded.
Council discussion ensued. Amended motion by Russell to
include the requirement of a traffic study. Seconded by
Farber. Amendment passes 4-2 with Wethal and Cavanagh voting
nay. Mayor Pro Tem restated the motion on the floor as motion
by Wethal to separately evaluate the RI and R4 zoning portions
of Ordinance 22-22 and to receive and file and approve the
first reading of an Amendment of Title 16 of the City of
Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located between
32nd Street and Northwest Arterial (Parcel 1015276004) from AG
Agriculture District to R-1 Single -Family Residential
Developments District as shown on rezoning Exhibit A.
including the requirement of a traffic study as amended.
Motion carried 4-2 with Wethal and Cavanagh voting nay. Motion
by Roussell 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 for the R4 Zoning
Request. Seconded by Farber. Motion failed 5-1 with Wethal
voting nay. Motion by Cavanagh to approve first reading on an
amendment of Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code, by reclassifying
hereinafter described property located between 32nd Street and
Northwest Arterial (Parcel 1015276004) from AG Agriculture
District to R-4 Multi -Family Residential Developments District
as shown on rezoning Exhibit A. Seconded by Farber. Motion
carried 6-0.
2. Petition to Vacate and Dispose of City Interest in the
20-Foot-Wide Alley South of Walker Street and East of Oneida
Avenue, in North Dubuque Subdivision, in the City of Dubuque,
Iowa: Motion by Sprank to receive and file the documents and
adopt Resolution No. 218-22 Vacating the 20-Foot-Wide Alley
between Lots 599 thm 610 of North Dubuque, in the City of
Dubuque, Iowa, to be known as Lot 599A of North Dubuque, in
the City of Dubuque, Iowa and Resolution No. 219-22 Disposing
of City interest in Lot 599A of North Dubuque, in the City of
Dubuque, Iowa. Seconded by Roussell. Motion carried 6-0.
3. Jule Consolidated Funding Application from the Iowa
Department of Transportation (DOT) as submitted: Motion by
Farber to receive and file the documents and adopt Resolution
No. 220-22 Approval of Consolidated Funding Application to
Iowa DOT. Seconded by Roussell. Motion Carried 6-0
PUBLIC INPUT
John Pregler, 1525 Pego Ct. spoke regarding action item #3
Five flags Referendum requesting more information be provided.
ACTION ITEMS
1. Report on Preparations for Critical Incident Response to
Dubuque Schools: Motion by Roussell to receive and file and
listen to the presentation. seconded by Farber. Police Chief
Jeremy Jensen provided a report on preparations for critical
incident response to Dubuque Schools. Motion carried 6-0.
2. Greater Dubuque Development Corporation - Quarterly
Update: Motion by Roussell to receive and file and listen to
the presentation. Seconded by Sprank. President and CEO Rick
Dickinson presented the quarterly update on the activities of
the Greater Dubuque Development Corporation. Motion carried
6-0
3. Five Flags Referendum: Motion by Roussell to receive and
file the documents and adopt Resolution Calling for a Special
City Election. Seconded by Cavanagh. Discussion ensued.
Amended motion by Roussell to receive and file and refer to
staff to review Five Flags scenario 2 and 3. Seconded by
Cavanagh. Marie Ware, Leisure Services Manager provided input
regarding options City Council could consider on how to move
forward regarding providing staff with direction. Amended
motion to receive and file and refer to staff. Seconded by
Cavanagh. Russell motion to amend the amended motion by
Russell to receive and file and refer to staff to schedule a
work session on Monday July 11 at 6:00 p.m. Seconded by
Cavanagh. Motion carried 6-0.
4. Bee Branch Stormwater Pumping Station Project (Phase V of
the Bee Branch Watershed Flood Mitigation Project) Reject
Bids: Motion by Sprank to receive and file and adopt
Resolution No. 222-22 Rejecting Bid Proposals received for the
Bee Branch Stormwater Pumping Station Project. Seconded by
Roussell. Teri Goodmann, Director of Strategic Partnerships
provided information regarding intentions to request a grant
extension do to extenuating circumstances. Motion carried 6-0.
5. Appointment to Dubuque County Emergency Management
Commission: Motion by Farber to receive and file and approve
Mayor Cavanaghs recommendation to appoint Fire Chief Amy
Scheller as the representative to the Dubuque County Emergency
Management Commission. Seconded by Roussell. Motion carried
6-0.
6. Work Session Request - Inclusive Dubuque Quarterly
Update: Motion by Roussell, to receive and file and schedule a
work session for Monday, June 20, 2022, at 6:00 p.m. for the
Inclusive Dubuque 2nd Quarter report from 2022. seconded by
Farber. Motion carried 6-0.
7. Work Session Request - Workforce Housing Needs Session
#2: Motion by Sprank, to receive and file and schedule a work
session for Monday, August 1, 2022, at 5:30 p.m. for a report
on efforts and strategies to address the shortage of workforce
housing in Dubuque. seconded by Roussell. Motion carried 6-0.
8. Work Session Request Historic Building Rehabilitation
and Preservation: Motion by Roussell to receive and file and
schedule a work session for Monday, August 1, 2022 at 6:00
p.m. for a report on current efforts and strategies to address
historic building rehabilitation and preservation in Dubuque.
seconded by Wethal. Motion carried 6-0.
9. Work Session Request - Imagine Dubuque Update: Motion by
Sprank to receive and file and schedule a work session for
Monday, August 15, 2022, at 6:00 p.m. for an update on the
Imagine Dubuque 2037: A Call -to -Action Comprehensive Plan.
Seconded by Farber. Motion carried 6-0.
Motion by Wethal to move action items No. 10 "Delivering
Dubuque" Video Series: Episodes One and Two and No. 11
Congratulations Class of 2022 Video to the June 20, 2022 City
Council agenda. seconded by Farber. Motion carried 6-0.
COUNCIL MEMBER REPORTS
Mayor Cavanagh reported on currently attending The U.S.
Conference of Mayors in Reno Nevada.
Council Member Wethal reported that; 1. She participated in
a ride -along with a member of the Dubuque Police department.
2. The Early Childhood Board is working on vaccine
distribution for children and resources to reginal daycare
providers. 3. She attended the opening of Frannies BBQ on
Central Ave.
CLOSED SESSION
Motion by Roussell to convene in closed session at 10:53
p.m. to discuss Pending Litigation and Purchase or Sale of
Real Estate Chapter 21.5(l)(c),O) Code of Iowa. Seconded by
Wethal. Mayor Pro Tern Resnick stated for the record that the
attorney who will consult with City Council on the issues to
be discussed in the closed session is City Attorney Brumwell.
Motion carried 6-0.
The City Council reconvened in open session at 11:26 p.m.
stating that staff had been given proper direction.
There being no further business, Mayor Pro Tem Resnick
declared the meeting adjourned at 11:27 p.m.
/s/1`rish L. Gleason
Assistant City Clerk
It 6/15