5 4 20 City Council Proceedings Official_Special and Regular1
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:00 p.m. on May 4, 2020. Due to
the COVID-19 pandemic and mandates for social distancing, this meeting was conducted
virtually and aired live on CityChannel Dubuque (Mediacom cable channels 8 and 117.2),
streamed live on the city’s website at www.cityofdubuque.org/media, and strea med live
on the City’s Facebook page at www.facebook.com/cityofdubuque. Pursuant to Chapter
21.5 Code of Iowa, portions of this meeting were unavailable to the public.
Present: Mayor Buol; Council Members Cavanagh, Jones, Resnick, Roussell, Shaw,
Sprank; City Manager Van Milligen, City Attorney Brumwell
Mayor Buol read the call and stated this is a special session of the City Council called
for the purpose of conducting professional evaluations pursuant to Chapter 21.5(1)(i)
Code of Iowa
CLOSED SESSION
Professional Evaluation(s) – Chapter 21.5(1)(i) Code of Iowa
Motion by Cavanagh to convene in Closed Session at 5:06 p.m. to discuss professional
evaluations pursuant to Chapter 21.5(1)(i) Code of Iowa. Seconded by Roussell. Motion
carried 7-0.
Having completed the evaluations, upon motion, the City Council reconvened in open
session at 6:22 p.m.
Motion by Shaw to adjourn at 6:23 p.m. Seconded by Sprank. Motion carried 7-0.
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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 May 4, 2020.
Due to the COVID-19 pandemic and mandates for social distancing, this meeting was
conducted virtually and aired live on CityChannel Dubuque (Mediacom cable channels 8
and 117.2), streamed live on the city’s website at www.cityofdubuque.org/media, and
streamed live on the City’s Facebook page at www.facebook.com/cityofdubuque. Public
input options were provided through: Contact the City Council at www.cityofdubu-
que.org/councilcontacts; City Clerk’s Office at ctyclerk@cityofdubuque.org; and during
the meeting at www.facebook.com/cityofdubuque
Present: Mayor Buol; Council Members Cavanagh, Jones, Resnick, Roussell, Shaw,
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
1. COVID-19 Update: Dubuque City / County Emergency Management Coordinator
Tom Berger provided an update on COVID-19 data and response activities.
PROCLAMATION(S)
1. Kids to Parks Day Proclamation (May 16, 2020) was accepted by Leisure Services
Manager Marie Ware. Mayor Buol reminded everyone to practice social distancing guide-
lines while using the parks.
2. Mental Health Month (May 2020) was accepted by Mayor Buol on behalf of Mental
Health America of Dubuque County.
3. Public Service Recognition Week (May 3-9, 2020) was accepted Mayor Buol on
behalf of the men and women who serve our city as federal, state, county, and local gov-
ernment employees.
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Cavanagh. Motion carried 7-0.
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1. Minutes and Reports Submitted: City Council proceedings of 4/16, 4/20, 4/22, 4/23,
4/29; Community Development Advisory Commission of 4/15; Proof of publication for City
Council Proceedings of 4/6; Proof of publication for List of Claims and Summary of Rev-
enues for month ending 3/31. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: CEI ASO Syneos Health on behalf of Karl Devoto. 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 As-
surance Pool: DEI ASO Syneos Health on behalf of its client Karl Devoto for vehicle dam-
age. Upon motion the documents were received, filed, and concurred.
4. Dubuque's Response to COVID-19: Community Resources & Fiscal Year 2021 City
Budget Update Public Information Brochure: City Manager providing a copy of the City's
public information brochure regarding Dubuque's Response to COVID -19: Community
Resources & Fiscal Year 2021 City Budget Update. Upon motion the document was re-
ceived and filed.
5. 2020 Construction Projects Public Information Mailer: City Manager providing a copy
of the City's public information mailer informing residents of the 2020 construction season
projects impacting traffic. Upon motion the document was received and filed.
6. Approval of City Expenditures: City Manager recommending City Council approval
for payment of City expenditures. Upon motion the documents were received and filed,
and Resolution No. 134-20 Authorizing the Director of Finance and Budget/City Treasurer
to make certain payments of bills that must be paid and approved for payment in accord-
ance with City procedures was adopted.
RESOLUTION NO. 134-20
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
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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 4th day of May 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
7. Iowa Department of Transportation (IDOT) Transportation Alternatives Program for
the Bee Branch Trail Phase I: City Manager recommending authorization for the Mayor
to execute the Iowa Department of Transportation Federal Aid Agreement for Transpor-
tation Alternative Program (TAP) for the Bee Branch Trail, Phase I from 16th Street at
Sycamore Street to 12th Street. Upon motion the documents were received and filed, and
Resolution No. 135-20 Approving the Iowa Department of Transportation Federal Aid
Agreement for a Transportation Alternatives Program (TAP) Project was adopted.
RESOLUTION NO. 135-20
APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION FEDERAL AID
AGREEMENT FOR A TRANSPORTATION ALTERNATIVES PROGRAM (TAP) PRO-
JECT
Whereas, the City of Dubuque is proceeding with the Bee Branch Trail, Phase I; and
Whereas, the trail will be located on from 16th/Sycamore intersection to 12th Street,
then east approximately 600 feet toward Kerper Blvd; and
Whereas, the Bee Branch Trail, Phase I project will involve the construction of a 10 -
foot-wide paved multi-use trail. The project is planned to be constructed in 2020 and is
part of a multi-phase trail to be built along the restored Bee Branch Creek that will extend
connections to two regional trails -- Dubuque Heritage Trail and Mississippi River Trail –
as well as to the citywide trail system. The project is part of a phased trail connection to
the Jule public transit service and bicycle/pedestrian amenities at the City's Intermodal
Transportation Center on Elm Street; and
Whereas, the Iowa Department of Transportation (Iowa DOT) has authorized the use
of federal funds for eligible costs for the Bee Branch Trail, Phase I.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Mayor be authorized and directed to execute the Iowa DOT Transpor-
tation Federal-Aid Agreement for an Iowa’s Transportation Alternatives Program (TAP)
Project Agreement (20-TAP-117) between the City of Dubuque and the Iowa Department
of Transportation be hereby approved for the Bee Branch Trail, Phase I: from 16th/Syca-
more to 12th St.
Passed, approved, and adopted this 4th day of May 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5
8. Downtown Rehabilitation Loan Program for 2501 Jackson Street : City Manager rec-
ommending approval of a Downtown Rehabilitation Grant Award to Friends of Paradise
Church for a façade grant at 2501 Jackson Street to improve the aesthetics of the Wash-
ington Neighborhood. Upon motion the documents were received and filed, and Resolu-
tion No. 136-20 Approving a Grant Agreement between the City of Dubuque, Iowa and
Friends of Paradise Church for the redevelopment of 2501 Jackson Street was adopted.
RESOLUTION NO. 136-20
APPROVING A GRANT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA,
AND FRIENDS OF PARADISE CHURCH FOR THE REDEVELOPMENT OF 2501
JACKSON STREET
Whereas, Friends of Paradise Church has applied to the Economic Development De-
partment for a Façade Grant (the Grant) for the redevelopment of 2501 Jackson Street in
the City of Dubuque, Iowa (the Project); and
Whereas, the Project is eligible for the Grant; and
Whereas, it is the determination of the City Council that approval of the Grant Agree-
ment for redevelopment of the Property by Friends of Paradise Church, according to the
terms and conditions set out in the Grant Agreement, is in the public interest of the City
of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Grant Agreement by and between the City of Dubuque and Friends of
Paradise Church, a copy of which is attached hereto, is hereby approved.
Section 2. The Mayor is hereby authorized and directed to execute the Grant Agree-
ment on behalf of the City of Dubuque and the City Clerk is authorized and directed to
attest to his signature.
Section 3. The City Manager is authorized to take such actions as are necessary to
comply with the terms of the Grant Agreement as herein approved.
Passed, approved, and adopted this 4th day of May 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
9. Dubuque Golf and Country Club Fireworks Request 2020: Correspondence from the
Dubuque Golf and Country Club requesting permission to display fireworks on Saturday,
July 4, 2020 at about 9:30 p.m. on the Dubuque Golf and Country Club grounds with a
rain date of Sunday, September 6, 2020. Upon motion the document was received, filed,
and approved.
10. Recommendation for Approval and Acceptance of the Iowa Municipalities Workers’
Compensation Coverage: City Manager recommending that the City transition from a self-
insured workers’ compensation program to a fully funded workers’ compensation cover-
age option. It is further recommended that the City execute the Agreement for IMWCA to
provide claims administration services for a fee of $10,000 for the twenty-five open claims
for fiscal year 2021 beginning on July 1, 2020 and at the pro -rated fee from May 15, 2020
to June 30, 2020. Upon motion the documents were received, filed, and approved.
11. Signed Contract(s): Strand Associates Task Order No. 20-10 for SCADA assis-
tance at the Water & Resource Recovery Center (W&RRC); Platinum Hospitality Group,
6
LLC Third Amendment to Facility Management Agreement for the Grand River Center.
Upon motion the documents were received and filed.
12. Improvement Contracts / Performance, Payment and Maintenance Bonds : Drew
Cook & Sons for the Jackson Street (11th to 12th) Reconstruction Project; Eastern Iowa
Excavating & Concrete, LLC for the Millwork District Parking Lot #1; Mainline Excavating
Co., Inc. for the Eagle Point Park environmental Restoration Project Phase 2. Upon mo-
tion the documents were received, filed, and approved.
13. Alcohol License Renewals: City Manager recommending approval of annual beer,
liquor and wine licenses as submitted. Upon motion the documents were received and
filed, and Resolution No. 137-20 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. 137-20
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 appro ved;
and
Whereas, the premises to be occupied by such applicants were inspected and found
to comply with the Ordinances of the City and the applicants have filed the proper fees
and bonds and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Renewals
Catfish Charlie's 1630 E 16th St. Class C Liquor (Brew Pub) (Cater-
ing) (Outdoor) (Sunday)
Marco's Italian Ameri-
can Food
2022 Central Ave. Class C Liquor
Oky Doky #1 250 W 1st St. Class C Beer, Class B Wine (Sun-
day)
Paro Food Mart 3200 Central Ave. Class C Beer (Sunday)
Shenanigans Pub 3203 Jackson St. Class C Liquor (Outdoor) (Sunday)
Stone Cliff Winery 600 Star Brewery Dr. Class C Native Wine (Outdoor)
Sunday)
Tott's Tap 3457 Jackson St. Class C Liquor (Sunday)
Addition Service
Dimensional Brewing 67 Main St. Adding Additional Outdoor Service
Area
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:
Passed, approved, and adopted this 4th day of May 2020.
7
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Jones to receive and file the documents, adopt the resolutions, set the public
hearings as indicated, and direct the City Clerk to publish notice as prescribed by law.
Seconded by Roussell. Motion carried 7-0. [Due to the COVID-19 pandemic, the location
of the public hearings will be specified on the meeting agenda posted May 15, 2020.]
1. Kaufmann Avenue Storm Sewer Improvement Project from Francis Street to North
Main Street: City Manager recommending preliminary approval of the plans, specifica-
tions, form of contract and estimated cost, and ordering the advertisement for bids for the
Kaufmann Avenue Storm Sewer Project from Francis Street to North Main Street. It is
further recommended that the public hearing be set for May 18, 2020. Upon motion the
documents were received and filed and Resolution No. 138-20 Preliminary approval of
plans, specifications, form of contract, and estimated cost; setting date of public hearing
on plans, specifications, form of contract, and estimated cost; and ordering the advertise-
ment for bids was adopted setting a public hearing for a meeting to commence at 6:30
p.m. on May 18, 2020.
RESOLUTION NO. 138-20
KAUFMANN AVENUE STORM SEWER IMPROVEMENT PROJECT FROM FRANCIS
STREET TO NORTH MAIN STREET
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC-
IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The proposed plans, specifications, form of contract and estimated cost for
the Kaufmann Avenue Storm Sewer Improvement Project from Francis Street to North
Main Street in the estimated amount of $2,138,750.00 are hereby preliminarily approved
and ordered filed in the office of the City Clerk for public inspection.
Section 2. A public hearing will be held on the 18th day of May, 2020, at 6:30 p.m. in
the Historic Federal Building Council Chambers (and/or by virtual means), 350 W. 6th
Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or
against the proposed plans and specifications, form of contract and estimated cost of said
Project, and the City Clerk be and is hereby directed to cause the attached notice of the
time and place of such hearing to be published in a newspaper having general circulation
in the City of Dubuque, Iowa, which notice shall be published not less than four days nor
more than twenty days prior to the date of such hearing. At the hearing, any interested
person may appear and file objections to the proposed plans, specifications, form of con-
tract, or estimated cost of the Project.
Section 3. Kaufmann Avenue Storm Sewer Improvement Project from Francis Street
to North Main Street is hereby ordered to be advertised for bids for construction.
Section 4. The amount of the security to accompany each bid shall be in an amount
which shall conform to the provisions of the Notice to Bidders hereby approved.
8
Section 5. The City Engineer is hereby directed to advertise for bids for the construction
of the improvements herein provided, by publishing the attached Notice to Bidders to be
published in the Master Builders of Iowa Plan Room, The Construction Update Netwo rk
and posted on the City of Dubuque website at www.cityofdubuque.org/bids and which
notice shall be published not less than thirteen but not more than forty -five days before
the date for filing bids before 2:00 p.m. on the 4th day of June, 2020. Bids shall be opened
and read by the City Clerk at said time and will be submitted to the City Council for final
action at 6:00 p.m. on the 15th day of June 2020, in the Historic Federal Building Council
Chambers (and/or by virtual means), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted, and approved this 4th day of May 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. 2020 Pavement Marking Project: City Manager recommending preliminary approval
of the construction plans and specifications for the 2020 Pavement Marking Project. It is
further recommended that a public hearing be set for May 18, 2020 and ordering the
advertisement for bids for the 2020 Pavement Marking Project. Upon motion the docu-
ments were received and filed and Resolution No. 139-20 Preliminary approval of plans,
specifications, form of contract, and estimated cost; setting date of public hearing on
plans, specifications, form of contract, and estimated cost; and ordering the advertise-
ment for bids was adopted setting a public hearing for a meeting to commence at 6:30
p.m. on May 18, 2020.
RESOLUTION NO. 139-20
2020 PAVEMENT MARKING PROJECT
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC-
IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The proposed plans, specifications, form of contract and estimated cost for
the 2020 Pavement Marking Project in the estimated amount $141,500.00, are hereby
preliminarily approved and ordered filed in the office of the City Clerk for public inspection.
Section 2. A public hearing will be held on the 18th day of May, 2020, at 6:30 p.m. in
the Historic Federal Building Council Chambers (and/or by virtual means) 350 W. 6th
Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or
against the proposed plans and specifications, form of contract and estimated cost of said
Project, and the City Clerk be and is hereby directed to cause the attached notice of the
time and place of such hearing to be published in a newspaper having general circulation
in the City of Dubuque, Iowa, which notice shall be published not less than four days nor
more than twenty days prior to the date of such hearing. At the hearing, any interested
person may appear and file objections to the proposed plans, specifications, form of con-
tract, or estimated cost of the Project.
Section 3. The 2020 Pavement Marking Project is hereby ordered to be advertised for
bids for construction.
Section 4. The amount of the security to accompany each bid shall be in an amount
which shall conform to the provisions of the Notice to Bidders hereby approved.
9
Section 5. The City Engineer is hereby directed to advertise for bids for the construction
of the improvements herein provided, by publishing the Notice to Bidders to be published
on the City of Dubuque website and a contractor plan room service wit h statewide circu-
lation, which notice shall be published not less than thirteen but not more than forty -five
days before the date for filing bids before 2:00 p.m. on the 21 st day of May, 2020. Bids
shall be opened and read by the City Clerk at said time and will be submitted to the City
Council for final action at 6:30 p.m. on the 1st day of June 2020, in the Historic Federal
Building Council Chambers (and/or by virtual means) 350 West 6th Street, Dubuque,
Iowa.
Passed, adopted, and approved this the 4th day of May 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Fiscal Year 2020 Budget Amendment No. 3 : City Manager recommending the third
Fiscal Year 2020 Budget Amendment be set for public hearing for May 18, 2 020. Upon
motion the documents were received and filed and Resolution No. 140-20 Setting the
date for the public hearing on Amendment No. 3 to the Fiscal Year 2020 Budget for the
City of Dubuque was adopted setting a public hearing for a meeting to commence at 6:30
p.m. on May 18, 2020.
RESOLUTION NO. 140-20
SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 3 TO THE
FISCAL YEAR 2020 BUDGET FOR THE CITY OF DUBUQUE
Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and
place for a public hearing on amendments to the budget and publish notice before the
hearing as provided in Iowa Code Section 362.3.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Council shall conduct a public hearing on proposed Amendment
No. 3 to the Fiscal Year 2020 budget for the City of Dubuque at the City Council Chambers
at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on Monday, May
18, 2020, beginning at 6:30 p.m.
Section 2. The City Clerk be and is hereby authorized and directed to publish notice of
the public hearing, according to law, together with the required budget information.
Passed, approved, and adopted this 4th day of May 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Bell Atlantic Mobile Systems, LLC (d/b/a Verizon Wireless) Grant of Easement –
Small Cell Equipment in Flora Park: City Manager recommending approval of a resolution
granting Bell Atlantic Mobile Systems LLC, d/b/a Verizon Wireless, a 10 foot-wide ease-
ment from the public right-of-way, across City of Dubuque property in Flora Park, to a
light pole to access and install underground utilities to operate the small cell equipment
on the light pole. It is further recommended that the public hearing be set for May 18,
2020. Upon motion the documents were received and filed and Resolution No. 141-20
Setting public hearing on the Grant of Easement to Bell Atlantic Mobile Systems, LLC
d/b/a Verizon Wireless, for small cell equipment in Flora Park was adopted setting a public
hearing for a meeting to commence at 6:30 p.m. on May 18, 2020.
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RESOLUTION NO. 141-20
SETTING A PUBLIC HEARING ON THE GRANT OF EASEMENT TO BELL ATLANTIC
MOBILE SYSTEMS LLC, D/B/A VERIZON WIRELESS, FOR SMALL CELL EQUIP-
MENT IN FLORA PARK
Whereas, the City of Dubuque, Iowa (City) is the owner of real property legally de-
scribed as:
ALL THAT PARCEL OF LAND IN THE TOWNSHIP OF DUBUQUE IN THE
COUNTY OF DUBUQUE AND STATE OF IOWA AS MORE FULLY DESCRIBED
IN DEED BOOK 154 PAGE 337 AND BOOK 154 PAGE 336 AND PARCEL #
1022481003, BEING KNOWN AND DESIGNATED AS:
DEED BOOK 154, PAGE 337:
LOT 2 OF SUB. OF LOT 2 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 3 OF LOT 1
OF LOT 1 OF LOT 2 OF JOHN P, MATTEL'S SUBDIVISION IN DUBUQUE TOWN-
SHIP, DUBUQUE COUNTY, IOWA, NOW IN THE CITY OF DUBUQUE, IOWA.
DEED BOOK 154, PAGE 336:
LOT 1 OF SUB. OF LOT 2 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 3 OF LOT 1
OF LOT 1 OF LOT 2 OF JOHN P. MATTEL'S SUBDIVISION IN DUBUQUE TOWN-
SHIP, DUBUQUE COUNTY, IOWA, NOW IN THE CITY OF DUBUQUE, IOWA,
AND
LOT 2 OF SUB. OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 3 OF LOT 1
OF LOT 1 OF LOT 2 OF JOHN P. MATTEL'S SUBDIVISION IN DUBUQUE TOWN-
SHIP, DUBUQUE COUNTY, IOWA, NOW IN THE CITY OF DUBUQUE, IOWA. (the
Property); and
Whereas, Bell Atlantic Mobile Systems LLC, d/b/a Verizon Wireless, has requested a
10’ wide easement from the public right of way, across City of Dubuque Property in Flora
Park, as shown on the attached Grant of Easement, to a light pole to access and install
underground utilities to operate the small cell equipment on the light pole; and
Whereas, a pole attachment permit was issued to Verizon Wireless on March 21, 2019;
and
Whereas, the City Council finds that it is in the interests of the City of Dubuque to
approve the Grant the Easement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to vacate and dispose of its interest in the
foregoing-described Property to Bell Atlantic Mobile Systems LLC, d/b/a Verizon Wireless
pursuant to the proposed Grant of Easement.
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution
and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing
on the City’s intent to dispose of the foregoing-described Property, to be held on the 18th
day of May, 2020 at 6:30 p.m. in the City Council Chambers at the Historic Federal Build-
ing, 350 W. 6th Street, Dubuque, Iowa.
Section 3. That the notice of the proposed action shall be in substantially the form
attached hereto.
Passed, approved and adopted this 4th day of May 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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BOARDS/COMMISSIONS
Appointment was made to the following commission.
1. Historic Preservation Commission: One, 3-Year term through July 1, 2021 (Vacant
term of Hilgendorf-Sewell). Applicant: William Doyle, 1591 White St. Motion by Cavanagh
to appoint Mr. Doyle to a 3-year-term through July 1, 2021. Seconded by Jones. Motion
carried 7-0.
PUBLIC HEARINGS
1. Julien Dubuque Drive Sanitary Sewer Project: Proof of publication on notice of public
hearing to consider approval of plans, specifications, form of contract and estimated cost
for the Julien Dubuque Drive Sanitary Sewer Project, and the City Manager recommend-
ing approval. Motion by Roussell to receive and file the documents and adopt Resolution
No. 142-20 Approval of plans, specifications, form of contract, and estimated cost for the
Julien Dubuque Dr. Sanitary Project. Seconded by Cavanagh. Motion carried 7-0. The
City Clerk and Public Information Officer stated that no public input was received regard-
ing this item.
RESOLUTION NO. 142-20
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI-
MATED COST FOR THE JULIEN DUBUQUE DR. SANITARY PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the
Julien Dubuque Dr. Sanitary Project, in the estimated amount $163,144.50, are hereby
approved.
Passed, adopted, and approved this this 4th day of May 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, CMC, City Clerk
2. Community Development Block Grant (CDBG) Fiscal Year 2020 Annual Plan
Amendment #2: Proof of publication on notice of public hearing to consider approval of
Amendment #2 to the Fiscal Year 2020 Community Development Block Grant Annual
Plan, and the City Manager recommending approval. Motion by Cavanagh to receive and
file the documents and adopt Resolution No. 143-20 Adopting Amendment 2 to the Fiscal
Year 2020 (Program Year 20219) Community Development Block Grant (CDBG) Annual
Action Plan. Seconded by Sprank. Responding to questions from the City Council, Hous-
ing and Community Development Director Alexis Steger stated that the department is
working with community partner organizations that cannot meet the insurance require-
ments for temporary housing but are stepping up to meet other basic needs. Motion car-
ried 7-0. The City Clerk and Public Information Officer stated that no public input was
received regarding this item.
PUBLIC INPUT
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For the record, public input options were provided through: Contact the City Council at
www.cityofdubuque.org/councilcontacts; City Clerk’s Office at ctyclerk@cityofdubu-
que.org; and during the meeting at www.facebook.com/cityofdubuque. The City Clerk and
Public Information Officer stated that no public input was received during this meeting.
The City Clerk referenced email correspondence received from the Dubuque Branch
NAACP Friends of Fair Housing Tom LoGuidice, 786 Stone Ridge Place; and Lynn Sut-
ton, 859 Air Hill Street, regarding the City’s response and assistance to residents im-
pacted by the COVID-19 pandemic. Luis Del Toro, 901 Gilliam Street, submitted email
correspondence expressing concerns and suggestions related to Action Item #1.
ACTION ITEMS
1. City Manager Retention Resolution: City Attorney submitting a Retention Resolution
for the City Manager at the request of the City Council. Motion by Jones to receive and
file the documents and adopt Resolution No. 144-20 Retention Resolution. Seconded by
Cavanagh. Mayor Buol read the resolution for the record followed by Council discussion.
Motion carried 7-0.
RESOLUTION NO. 144-20
BACKGROUND, PERSONAL, MEMBERSHIPS
Whereas, City Manager Mike Van Milligen came to Dubuque in 1993 as a highly skilled
and talented local government administrator, having worked in Skokie, Illinois for nine
years and prior to that as a police officer in Carbondale, Illinois for seven years: and
Whereas, City Manager Mike Van Milligen completed his master’s degree in Public
Affairs, Bachelor’s Degree in Fire Science Management, Bachelor’s Degree in Admin-
istration of Justice and associate degree in Law Enforcement before coming to Dubuque.
He has since continued to improve his skills and abilities by completing the Harvard Uni-
versity John F. Kennedy School of Government Senior Executives in State and Local
Government Program, the Northwestern University Kellogg School of Management Kel-
logg Management Institute and the U.S. Army War College National Security Seminar ;
and
Whereas, City Manager Mike Van Milligen has become an International City/County
Management Association Credentialed Manager, which recognizes professional local
government managers and their commitment to lifelong learning with a minimum of 40
hours of continuing education every year to maintain the credentialed status; and
Whereas, City Manager Mike Van Milligen and his family have been foster parents,
hosted foreign exchange students and guests from foreign countries, exhibits the kind of
character that contributes to community success beyond the job; and
Whereas, City Manager Mike Van Milligen was a founding Board Member of the Cres-
cent Community Health Center; and
Whereas, City Manager Mike Van Milligen was Chairperson of the United Way of
Dubuque Area Tri-States Board of Directors, Chairperson of the United Way annual com-
munity campaign, Co-Chairperson of the Dubuque Area Labor-Management Council
Board of Directors, has served on numerous committees and ad hoc task forces for not-
for-profits; and
Whereas, City Manager Mike Van Milligen has been selected by his peers for leader-
ship roles as Midwest Vice-President of the International City/County Management Asso-
ciation, President of the Iowa City/County Management Association and President of the
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Illinois Association of Municipal Management Assistants; and
Whereas, City Manager Mike Van Milligen has received international, national and
state-wide recognition for his role in Dubuque’s achievements and his skills and abilities,
being named City Manager of the Year by the International City/County Management
Association, City Manager of the Year by the Iowa City/County Management Association,
Public Executive of the Year by the Novogradac Community Development Foundation,
the Dwight Ink Award from Iowa State University Masters in Public Administration Pro-
gram; Member of the Southern Illinois University Pi Alpha Alpha National Honor Society
for Public Affairs and Administration, featured in the Harvard University John F. Kennedy
School of Government Innovators in Public Services Series, featured in the book, “Grow-
ing Jobs: Transforming the Way We Approach Economic Development” and selected a
National Academy of Public Administration Fellow, a congressionally chartered non-par-
tisan, non-profit academy with less than 1,000 members, nominated and selected by ex-
isting Fellows of the Academy; and
Whereas, in 2019 City Manager Mike Van Milligen was appointed by Governor Kim
Reynolds and confirmed by the Iowa Senate as a member of the Iowa Finance Authority
IFA) Board of Directors. IFA has 85 employees and provides billions of dollars in loans,
tax credits, property title guarantees and grants to enhance the quality of life for Iowans
by making affordable financing available for home and community. IFA helps thousands
of Iowa families each year by helping them become homeowners, get back on their feet
during times of need or move into an affordable rental home that they can call their own.
IFA also helps new farmers begin their farming operations, communities affordably up-
grade their water, wastewater and stormwater infrastructure and homeowners have title
protection. Iowa Finance Authority and Iowa Economic Development Authority Executive
Director Debi Durham advised, “I selected you to serve on the IFA Board because of what
I saw happening in Dubuque. I admire your boldness, vision, creativity and compassion ”;
and
Whereas, City Manager Mike Van Milligen is routinely recruited to leave Dubuque for
leadership roles in other communities.
JOBS/EMPLOYMENT
Whereas, City Manager Mike Van Milligen operates a very lean organization as com-
pared to the employee counts of the other ten cities in Iowa with a population greater than
50,000; and
Whereas, City Manager Mike Van Milligen operates a very efficient organization with
diversified revenue streams, allowing Dubuque to have the lowest property tax per capita
and the lowest property tax rate when compared to the other ten cities in Iowa with a
population over 50,000; and
Whereas, City Manager Mike Van Milligen has the ability to hire, promote and support
talented individuals; and
Whereas, numerous city employees hired and/or promoted by City Manager Mike Van
Milligen have received individual and project-related national recognition for their contri-
butions; and
Whereas, the City of Dubuque Leadership Team, consisting of almost 100 members,
has gone from 27 female members in 2011 to 42 in 2020, a 56% increase; and
Whereas, 60% of the City of Dubuque Department Managers are women and minori-
ties; and
Whereas, City Manager Mike Van Milligen is part of a winning team of elected leaders,
city employees and community partners that has created a community atmosphere and
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attitude that reversed the population declines of the past and is now one of the few areas
of the State of Iowa that is showing population growth, where the median household in-
come is increasing faster than the national rate and housing values are increasing ; and
Whereas, City Manager Mike Van Milligen was part of a team that helped bring the
community out of the major economic downturn of the 1980’s and early 1990’s where the
city experienced over 23% unemployment and lost 9% of the population; and the Great
Recession of 2009 to get Dubuque to one of the lowest-unemployment rates in the coun-
try, the community needs his participation in the recovery from the 2020 economic down-
turn; and
Whereas, Dubuque was one of less than ten metropolitan areas to experience an un-
employment rate under 2% in 2019.
INFRASTRUCTURE
Whereas, City Manager Mike Van Milligen successfully partners with federal, state,
and other local government agencies, not -for-profits, organizations, businesses, neigh-
borhoods, and individuals; and
Whereas, during the tenure of City Manager Mike Van Milligen, the City of Dubuque
went from no 4-lane connections to the outside world, to four 4-lane connections, now
being connected by 4-lanes to Mexico, Canada, New York, California, Minneapolis -St.
Paul, Kansas City, St. Louis, Chicago and Milwaukee; and
Whereas, during the tenure of City Manager Mike Van Milligen, the city has seen well
over one billion dollars in public and private investment in places like Dubuque Industrial
Center West, Dubuque Technology Park, Downtown Dubuque, the neighborhoods of
Dubuque, the Port of Dubuque, Dubuque Regional Airport, Asbury Plaza, the Historic
Millwork District, the Central Avenue Corridor, Schmitt Island, the Southwest Arterial and
the Bee Branch Creek Watershed; and
Whereas, City Manager Mike Van Milligen participated, along with the City Attorney’s
Office and Engineering Department, in leveraging the true economic value of the indus-
trial riverfront, increasing annual lease revenues from $30,000 a year to $2.75 million in
Fiscal Year 2020, while eliminating the expenses the city previously incurred for dredging
and tax payments; and
Whereas, Dubuque has been pursuing expanded broadband services and fiber to
every home and business and Dubuque has gone from two broadband providers to ten
broadband providers, with three of those working to provide fiber optic to every home and
business in Dubuque, with completion over the next several years; and
Whereas, Dubuque has pursued construction of the Southwest Arterial since the
1960’s and the $130 million project will be completed in 2020; and
Whereas, City Manager Mike Van Milligen has supported public safety efforts and
championed a traffic and security system that has led to Dubuque being one of the safest
large cities in the State of Iowa, one of the safest states in the country, with Dubuque
having a crime clearance rate of 92% compared to the national average of 46%; and
Whereas, City Manager Mike Van Milligen has supported public safety efforts that have
led to the City of Dubuque being an Insurance Services Organization Class II Fire De-
partment, putting Dubuque in the top 1% of Iowa and the top 5% of the 39,850 U.S. fire
departments evaluated; and
Whereas, City Manager Mike Van Milligen has previously successfully led the city op-
erations through seven presidential disaster declarations and now, when his steady hand
is needed, is doing the same through this COVID-19 pandemic.
LIVABILITY AWARDS
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Whereas, during City Manager Mike Van Milligen’s tenure, the efforts of the Dubuque
Community related to engagement, equity and inclusion have been recognized by the
National Civic League in 2007, 2012, 2013, 2017 and 2019 with the All-America City des-
ignation, an unprecedented accomplishment in the 70-year history of this award by the
National Civic League; and
Whereas, in the Harvard University and University of California Berkley Equality of Op-
portunity Project, Dubuque was in the top 8% of the nation’s metropolitan areas for up-
ward mobility; and
Whereas, Smartasset.com named Dubuque one of the 10 Best American Cities to
Work in Technology; and
Whereas, Alot Travel ranked Dubuque #12 on its list of the “30 Best Small Cities in the
United States”; and
Whereas, Movoto ranked Dubuque 12th out of 50 Most Exciting Small Cities in Amer-
ica, #14 on America’s Best Small Cities to Move to, and 2nd Most Relaxed Small City in
America; and
Whereas, Kiplinger designated Dubuque one of the 10 Great Places to Live; and
Whereas, Area Development Magazine named Dubuque 21st as one of the “Top 100
Leading Locations” and #7 among the “Top 30 Small Cities;” and
Whereas, Fast Company Magazine rated Dubuque one of the 10 Smartest Cities on
the Planet (the only city in the United States on the list); and
Whereas, Forbes designated Dubuque as the Best Small City to Raise a Family, 14th
in the nation for Best Small Places for Business and Careers, 50th for small cities for Cost
of Doing Business, and 7th in the nation for Best Small Places; and
Whereas, the U.S. Conference of Mayors Most Livable Small City in the United States
Awards Program awarded the Outstanding Achievement Award to the Bee Branch Wa-
tershed Flood Mitigation Project and the First Place Award to the America’s River Project;
and
Whereas, the American’s Promise Alliance selected Dubuque as 100 Best Communi-
ties for Young People five times; and
Whereas, U.S. World & News Report stated, “…has managed a striking two-decade
turnaround…Along the way, Dubuque has set the pace for job growth in Iowa and redis-
covered a long-ignored asset: the river, which runs wide and beautiful here:” and
Whereas, the Des Moines Register took an editorial position that “Few Iowa cities were
hit harder in the 80s, few have a better outlook now…The Dubuque story might offer
lessons for every Iowa city;” and
Whereas, in 2019, Dubuque was featured in the National Trust for Historic Preserva-
tion Magazine, including appearing on the cover of their prestigious national publication
with the title “Finding Dubuque: An Iowa city rediscovers it sense of place ;” and
Whereas, the Iowa Department of Cultural Affairs designated Dubuque’s Driftless
North End as an Iowa Great Place.
SUSTAINABILITY RECOGNITION
Whereas, the Intelligent Community Forum designated Dubuque one of the Smart 21
Communities; and
Whereas, the President Obama White House named Dubuque one of 16 Climate Ac-
tion Champions; and
Whereas, the U.S. Green Building Council Leadership in Energy and Environmental
Design (LEED) Program designated Dubuque one of 75 LEED-Certified Cities; and
Whereas, the U.S. Environmental Protection Agency named Dubuque a recipient of
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the National Award for Smart Growth Achievement for revitalization efforts in the Historic
Millwork District and the Washington Neighborhood; and
Whereas, The U.S. Environmental Protection Agency recognized the Bee Branch
Creek Restoration Project for excellence and innovation in clean water infrastructure
through the Performance and Innovation in SRF Creating Environmental Success (PI-
SCES) program; and
Whereas, the U.S. Environmental protection Agency Region 7 awarded the City of
Dubuque the Leading Environmentalism and Forwarding Sustainability (LEAFS) Award ;
and
Whereas, the STAR Community Rating awarded Dubuque a 4-STAR Community Rat-
ing for national sustainability excellence. Dubuque was just the third Iowa community and
the 25th in the national to achieve certification on this 5-STAR scale; and
Whereas, Dubuque was ranked #5 for Resiliency out of 361 communities nationwide.
EQUITY RECOGNITION
Whereas, during the tenure of City Manager Mike Van Milligen, the City of Dubuque
has achieved international recognition for efforts to become a viable, livable , and equita-
ble community; and
Whereas, the City of Dubuque is a national model for work to create an Equitable
Community of Choice; and
Whereas, the Human Rights Campaign, in partnership with the Equality Federation
Institute, gave Dubuque a score of 100 on the Municipal Equality Index; and
Whereas, the National League of Cities selected Dubuque for its first -place award for
the City Cultural Diversity Awards; and
Whereas, City Manager Mike Van Milligen is invited for national speaking engage-
ments related to the City of Dubuque’s implementation of Diversity, Equity, and Inclusion;
and
Whereas, the City of Dubuque routinely has other cities from across the world visiting
Dubuque or sending representatives to spend time in Dubuque because of the desire to
learn how Dubuque’s success can be replicated in their community.
CONTINUITY OF LEADERSHIP
Whereas, City Manager Mike Van Milligen successfully accomplishes the Mayor and
City Council Goals and Priorities through Planning, Partnerships and People; and
Whereas, the City of Dubuque continues to become a more data -driven organization
with engaged citizens and employees; and
Whereas, City Manager Mike Van Milligen has worked for 23 different City Council
Members and 3 different Mayors in his 27-year tenure with the City of Dubuque and has
consistently received outstanding evaluations with an average composite score of evalu-
ations from 1993-2020 of 91%; and
Whereas, the City of Dubuque has many more important goals and priorities to achieve
and we believe that these achievements will come sooner, be more sustainable and with
greater impact with City Manager Mike Van Milligen as part of the team of elected officials,
city staff, and community partners, and we believe that because it has proven to be true
in the past as City Manager Mike Van Milligen has played a role in much of Dubuque’s
success; and
Whereas, the seasoned and highly competent leadership of City Manager Mike Van
Milligen, the people in place within the city organization and the existence of the partner-
ships that have been nurtured over the years is key to the community’s ability to operate
efficiently and effectively on a routine basis and during times of extreme stress as occurs
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during disasters, with the ongoing COVID-19 pandemic as a perfect example; and
Whereas, we believe it is in the best interest of the City of Dubuque that City Manager
Mike Van Milligen knows that we want him to stay as the City Manager of Dubuqu e and
support him in his leadership of the organization for the ongoing benefit of the City of
Dubuque and its citizenry; and
Whereas, we want City Manager Mike Van Milligen as a part of our team now and into
the future.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE,
IOWA AS FOLLOWS:
Section 1. The City Council believes it is in the best interest of the City of Dubuque that
City Manager Mike Van Milligen continue as the City Manager of Dubuque.
Section 2. The City Council supports Mike Van Milligen in his leadership of the city
organization for the ongoing benefit of the City of Dubuque and its citizenry.
Passed, approved, and adopted this 4th day of May 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Request to Schedule Work Session on Update on Broadband Expansion : City Man-
ager recommending that the City Council schedule a work session for 5:30 p.m. on May
18, 2020 to provide an update on telecommunications projects with emphasis on fiber to
the home, public-private partnerships and expanded broadband access. Motion by Jones
to receive and file the documents and schedule the work session as recommended. Se-
conded by Cavanagh. No schedule conflicts were expressed. Motion carried 7-0.
3. Video Update on New Dubuque Industrial Center West Projects: The Media Services
Division presented a video update of the new projects in the Dubuque Industrial Center
West. Motion by Cavanagh to receive and file the information and view the video presen-
tation. Seconded by Roussell. Motion carried 7-0.
There being no further business, Mayor Buol declared the meeting adjourned at 7:45
p.m.
s/Kevin S. Firnstahl, CMC, City Clerk