Proof_City Council Proceedings 7.19.21Copyrighted
August 16, 2021
City of Dubuque Consent Items # 1.
City Council Meeting
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: City Council Proceedings of 8/2 and 8/9; Civil Service Commission of
7/15; Five Flags Civic Center Commission of 7/26; Library Board of
Trustees of 5/27 and 6/24; Library Board of Trustees Update of 7/22;
Zoning Board of Adjustment of 7/22; Proof of Publication for City
Council Proceedings of 7/19; Proof of Publication for List of Claims and
Summary of Revenues for month ended 6/30.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
City Council Proceedings of 8/2/21 Supporting Documentation
City Council Proceedings of 8/9/21
Civil Service Commission Minutes of 7/15/21
Five Flags Civic Center Commission Minutes of
7/26/21
Library Board of Trustees Minutes of 5/27/21
Library Board of Trustees Minutes of 6/24/21
Library Board of Trustees update of 7/22/21
Zoning Board of Adjustment Minutes of 7/22/21
Proof of Publication for City Council Proceedings of
7/ 19/21
Proof of Publication for List of Claims / Summary of
Revenues for Month Ended 6/30/21
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:
07/28/2021
and for which the charge is 379.86
a�
Subscribed to befor me, a Notary Public in and for
Dubuque County, Iowa,
this 28th day of July, 2021
t
Notaryu is in and for Dubuque tounty, Iowa.
JANET K. PAPE
` Commission Number 199859
Ezp. DEC 11. 2022
Ad text : CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
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The Dubuque City Council met in special session at 5:00 p.m.
on July 19, 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.
This was a special session of the City Council called for
the purpose of conducting work sessions on The Four Mounds
Foundation and Childcare Challenges and Progress.
WORK SESSIONS (2)
1. Four Mounds Foundation
Four Mounds Foundation staff Becky Bodish, Program Director,
Jill Courtney, Executive Director and Allen Goodman Miller,
Development Consultant shared information on their past,
current and future work and initiatives. Topics included:
-"Restoring People. Restoring Place
- Mission
o Educate. Preserve. Partner. Serve.
- Demographics
- Final Outcomes
- Heart Build Dubuque Pathways
- Vision For Four Mounds & Heart
- Access & Educational Improve-
ment Plan
- Partnership Evolution
Mayor Buol called a recess at 5:20 while waiting for
presenters to arrive.
Mayor Buol reconvened the Work Session for Childcare
challenges and progress at 5:45.
2. Childcare Challenges and Progress
Economic Development Director Jill Connors, along with
several local childcare stakeholders/partners; Abigail
Degenhardt, Dubuque County Early Childhood, Tara Ruddick,
Childcare Resource & Referral, Rick Dickinson, President and
CEO Greater Dubuque Development Corp., Wendy Mihm-Herold,
Northeast Iowa Community College, and Paul Duster, Community
Foundation of Greater Dubuque presented an update on current
challenges and progress to date to having sufficient quality,
affordable childcare in Dubuque. Topics included:
- Quality Childcare Is Essential
o"Brain Development
o"School Readiness
o"Reduced Stress
o"Needed For Economic Infrastructure
o"Current Workforce Attract and Retain
o"Future Workforce Proper Brain Development, Education
- What Are the Challenges
o"High Cost for Parents
o"Low Wage for Providers = Turnover Rate Of 60% -94%
o"Transportation Barriers
- Local Coalition's Current Initia-tives
- Local Successes
- City of Dubuque Involvement
- Next Steps
There being no further business, Mayor Buol declared the
meeting adjourned at 6:27 p.m.
/s/Trish L. Gleason,
Assistant 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 July 6, 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 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. Eagles "Eyes on the Future" Citizens of the Year Award:
Michael Duehr, Chairman of the Eagles "Eyes on the Future"
Committee, presented the Eagles "Eyes on the Future" Citizens
of the Year Award to Michael and Nancy Van Milligen.
PROCLAMATION(S)
1. Main Street Public/Private Partnership Week Proclamation
was accepted by Dan LoBianco, Dubuque Main Street and by Kathy
LaPlante, Main Street America on behalf of Dubuque Main Street
and Main Street America.
2. US Highway 20 Medal of Honor Highway Proclamation was
accepted by American Legion 2nd Vice Commander and Past
Commander Bob Felderman on behalf of American Legion Post 6 of
Dubuque.
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt
the resolutions, and dispose of as indicated. Seconded by
Jones. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council Proceedings
of 7/6; Cable TV Commission of 5/12; Community Development
Advisory Commission of 6/6; Zoning Advisory Commission of 7/7;
Zoning Board of Adjustment of 6/24; Proof of Publication for
City Council Proceedings of 6/21 and 6/23. Upon motion the
documents were received and filed.
2. Notice of Claims and Suits: Allison Lott for property
damage; Janet Smith 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: Allison Lott for property damage; Janet Smith for
property damage; Michael and Jane Thorne 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. 238-21 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. 239-21 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. Letter to Iowa Federal Legislators regarding Opportunity
Zones: City Manager providing a copy of a letter to be sent to
Iowa Federal Legislators regarding the Opportunity Zone
program. Upon motion the documents were received and filed.
7. Intent to Apply for 2021 JAG Justice Assistance Grant
Application: City Manager recommended approval to apply for
the 2021 JAG Justice Assistant Grant Application. Upon motion
the documents were received and filed.
8. First Amendment to Grant Agreement Between the City of
Dubuque and K&L Leasing, LLC. for the Rehabilitation of 701
Bluff Street: City Manager recommended approval of a First
Amendment to Grant Agreement between the City of Dubuque and
K&L Leasing, LLC. for rehabilitation of 701 Bluff Street,
which extends the completion date to December 31, 2021. Upon
motion the documents were received and filed, and Resolution
No. 240-21 Approving the First Amendment to Grant Agreement
between the City of Dubuque, Iowa and K&L Leasing, LLC was
adopted.
9. First Amendment to Grant Agreement Between the City of
Dubuque and HG APT, LLC for the Rehabilitation of 2887 Central
Avenue: City Manager recommended approval of a First Amendment
to Grant Agreement between the City of Dubuque and HG APT, LLC
for rehabilitation of 2887 Central Avenue, which extends the
completion date to August 31, 2021. Upon motion the documents
were received and filed, and Resolution No. 241-21 Approving
the First Amendment to Grant Agreement between the City of
Dubuque, Iowa, and HG APT, LLC was adopted.
10. Fiscal Year 2022 Historic Resources Development Program
(HRDP) Grant Agreement for Dubuque's Black Heritage Survey:
City Manager recommended approval of the FY 2022 $30,000 grant
agreement through the Historic Resources Development Program
(HRDP) grant program to help the City undertake Dubuque's
Black Heritage Survey. Upon motion the documents were received
and filed, and Resolution No. 242-21 Approving HRDP Grant
Agreement with the Iowa Department of Cultural Affairs for
Dubuque's Black Heritage Survey was adopted.
11. Preliminary Plat of Country View Estates: Zoning
Advisory Commission recommended approval of the Preliminary
Plat of Country View Estates. Upon motion the documents were
received, filed, and approved.
12. Pre -Annexation Agreement - Ronald W. and Jessalynn J.
Breiner, Country View Estates: City Manager recommended
approval of a Pre -Annexation Agreement with Ronald W. and
Jessalyn J. Breiner, property owners, for approximately 83.7
acres of property located along Hales Mill Road (Parcels #
1007200003, 1007200006, 1007300005, 1007300006, 1007400001,
1007400002, 1007400010) located within two miles of the City
of Dubuque corporate limits. Upon motion the documents were
received and filed, and Resolution No. 243-21 Approving a
Pre -Annexation Agreement between the City of Dubuque, Iowa and
Ronald W. and Jessalynn J. Breiner was adopted.
13. Pre -Annexation Agreement Genesis Three Holdings, LLC:
City Manager recommended approval of a Pre -Annexation
Agreement with Genesis Three Holdings, LLC., for approximately
31-acre parcel located at 15016 Depot Ridge in Dubuque County,
in conjunction with their request to connect to City water.
Upon motion the documents were received and filed, and
Resolution No. 244-21 Approving a Pre -Annexation Agreement
between the City of Dubuque, Iowa and Genesis Three Holdings,
LLC was adopted.
14. Pre -Annexation Agreement - Mark J. McClain, Ridge View
Acres: City Manager recommended approval of a Pre -Annexation
Agreement with Mark J. McClain, property owner, for
approximately 23.78 acres of property located at the
intersection of Derby Grange Road and Hales Mill Road, parcels
1007300011 and 1007400006 located within two miles of the City
of Dubuque corporate limits. Upon motion the documents were
received and filed, and Resolution No. 245-21 Approving a
Pre -Annexation Agreement between the City of Dubuque, Iowa and
Mark J. McClain was adopted.
15. Final Plat of Ridge View Acres: City Manager recommended
approval of the final plat of Ridge View Acres. Upon motion
the documents were received and filed, and Resolution No.
246-21 Approving the Final Plat of Ridge View Acres in Dubuque
County, Iowa was adopted.
16. Southwest Arterial Project: Dubuque County
Intergovernmental 28E Funding Agreement Request to Approve
Amendment No. 2: City Manager recommended authorization for
the mayor to execute Amendment No. 2 to the original 2013
Intergovernmental 28E Funding Agreement with Dubuque County
for the Southwest Arterial Project. Upon motion the documents
were received and filed, and Resolution No. 247-21 Approving
an Intergovernmental 28E Funding Agreement Amendment No. 2
between the City of Dubuque and Dubuque County for the
Southwest Arterial Project was adopted.
17. Acceptance of a Grant of Easement for Water Main Utility
over James L. Schneider and Sharon M. Schneider Property in
Dubuque, Iowa, as part of the Simpson -Southgate Water Main
Extension Project: City Manager recommended acceptance of a
Grant of Easement for Water Main Utility across James L.
Schneider and Sharon M. Schneider property being part of the
Lot 1-1-1 of Potterveld Place, in the City of Dubuque, Dubuque
County, Iowa, as part of the Simpson -Southgate Water Main
Extension Project. Upon motion the documents were received and
filed, and Resolution No. 248-21 Accepting a Grant of Easement
for Water Main Utility through, over and across part of Lot
1-1-1 of Potterveld Place, in the City of Dubuque, Dubuque
County, Iowa was adopted.
18. 2021 Pavement Marking Project (CIP 3002245): City
Manager recommended award of the public improvement
construction contract to the only bidder, SELCO, Inc., in the
amount of $182,104.92, which is 7.8% under the engineer's
estimate. Upon motion the documents were received and filed,
and Resolution No. 249-21 Awarding Public Improvement Contract
for the 2021 Pavement Marking Project was adopted.
19. Chavenelle Road Water Valve Project: City Manager
recommended that the award for the Chavenelle Road Water Valve
Project be officially recorded in the minutes of the City
Council. Upon motion the documents were received, filed, and
made a Matter of Record.
20. Wood Street Sanitary / Water Project: City Manager
recommended that the award for the Wood Street Sanitary/Water
Project be officially recorded in the minutes of the City
Council. Upon motion the documents were received, filed, and
made a Matter of Record.
21. Snow Removal Assessment: City Manager recommended City
Council approval of a resolution providing for the
establishment of the final assessments for the 2020-2021 Snow
Removal from City Right -of -Way. Upon motion the documents were
received and filed, and Resolution No. 250-21 Adopting the
Final Assessment Schedule for the 2020 2021 Snow Removal
Assessment Right -Of -Way Obstruction Removal Assessment
Project was adopted.
22. Signed Contract(s): American Queen Steamboat Company
Inc. for Docking Agreement at the Port of Dubuque - American
Trust River's Edge Plaza; Celebration Belle for Docking
Agreement at Port of Dubuque - Alliant Plaza Docking Facility;
Robin Dodd for management of Miller Riverview Park and
Campground and Dubuque Water Sports Club; Morton Salt, Inc for
Public Works Ice Control Road Salt; WHKS & Co. for the
Burlington and National Water Main Replacement Project 2021.
Upon motion the documents were received and filed.
23. Housing and Community Development Director Alexis Steger
featured in bizTimes: City Manager providing a copy of the
July 2021 issue of bizTimes in which Housing and Community
Development Director Alexis Steger is featured. Upon motion
the documents were received and filed.
24. Alcohol and Tobacco License Applications: City Manager
recommended approval of annual liquor, beer, wine and tobacco
license applications as submitted. Upon motion the documents
were received and filed, and Resolution No. 251-21 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 and
Resolution No. 252-21 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 Resnick to receive and file the documents, adopt
the resolutions, and set the public hearings as indicated as
recommended by the City Manager. Seconded by Sprank. Motion
carried 7-0.
Request no 1 to schedule a Public Hearing on Simmons Pet
Food, Inc.: Subordination of Consent Rights Under Development
Agreement, Payment Direction and Estoppel Certificate: Upon
motion the Resolution No. 253-21 Intent to dispose of an
interest in real property by Subordination of Consent Rights
Under Development Agreement, Payment Direction and Estoppel
Certificate with Simmons Pet Foods, Inc. and Request no. 2 to
schedule a Public Hearing on Orchard Drive, Cider Ridge and
Jonathan Dr. Water Main Project 2021: Initiate Public Bidding
and Set the Public Hearing Date: Upon the same motion
Resolution No. 254-21 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 advertisement
for bids were adopted setting both public hearings for a
meeting to commence at 6:30 p.m. on August 2, 2021.
BOARDS/COMMISSIONS
Appointments were made to the following boards/commissions.
Motion by Jones to appoint Danita Grant, 2479 LaVista Ct. to
One, 3-Year term through February 15, 2024 (Vacant term of
Wainwright) on the Community Development Advisory Commission.
Seconded by Farber. Motion carried 7-0.
Upon Council concurrence, Mayor Buol appointed Greg Gorton,
1295 Prairie St. to One, 4-Year term through July 1, 2025
(Expiring term of Gorton) on the Library Board of Trustees.
PUBLIC HEARINGS
1. Request to Rezone Lot D of Rustic Point Estates (End of
Lasso Court) - Quasi -Judicial Rezoning Request: Proof of
publication on notice of public hearing to consider 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. 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.
Developer and owner of Vintage -Cooperatives, Jeff Ewing and
Patrick Norton representing Buesing and Associates responded
to many questions by the City Council. Seconded by Resnick.
Motion failed 4-3 with Farber, Roussell, and Resnick voting
Nay.
Motion by Jones to receive, file, and approve the first
reading of a proposed ordinance 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.
ACTION ITEMS
1. Chavenelle Road - Northwest Arterial to Radford Road
Reconstruction Project: City Manager recommended award of the
construction contract to the low bidder, Horsfield
Construction, Inc., in the amount of $1,864,873.50, which is
29.35 % under the estimate of probable cost. Motion by Cavanagh
to receive and file the documents and adopt Resolution No.
255-21 Awarding Public Improvement Contract for the Chavenelle
Road NW Arterial to Radford Road Reconstruction Project.
Seconded by Farber. Motion carried 6-0 as Council Member Jones
had stepped away from the dais momentarily.
2. City Utility Bill Delinquency, Returning to Normal
Operations: City Manager recommended a process to use federal
American Rescue Plan Act (ARPA) funds to assist with certain
overdue City utility accounts and return the Water/City
Utility Billing Department to normal operations. Motion by
Cavanagh to receive and file the documents and approve. City
Staff Responded to questions from the City Council. Seconded
by Roussell. Motion Carried 7-0.
3. Rebuilding America's Infrastructure with Sustainability
and Equity (RAISE) Infrastructure Planning Grant Application:
City Manager recommended approval to submit a $2,112,000
application to the U.S. Department of Transportation for the
Rebuilding America's Infrastructure with Sustainability and
Equity (RAISE) Infrastructure Planning Grant to assist with
the planning and design of a multimodal transportation
corridor project for proposed improvements to the Elm Street
corridor, the 16th Street corridor, and the proposed 14th
Street Railroad Overpass bridge project. Motion by Resnick to
receive and file the documents and adopt Resolution No. 256-21
Approving application for Rebuilding America's Infrastructure
with Sustainability and Equity (RAISE) Grant Funding for the
planning and design of a Multimodal Transportation Corridor
Project for proposed improvements to the Elm Street Corridor,
16th Street Corridor and the proposed 14th Street Railroad
Overpass Project. Staff responded to questions from the City
Council. Seconded by Farber. Motion carried 7-0.
4. Intent to Apply for National Endowment for the Arts
American Rescue Plan Local Arts Agencies for Subgranting
Funding Program: City Manager recommended approval to submit a
$500,000 grant application to the National Endowment for the
Arts (NEA) American Rescue Plan (ARP) Local Arts Agencies for
Subgranting funding program. Motion by Roussell to receive,
file, and approve. Seconded by Cavanagh. Motion carried 7-0.
5. Fiscal Year 2022 Arts & Culture Special Projects Grant
Funding Recommendation: City Manager recommended City Council
concurrence with the Arts & Cultural Affairs Advisory
Commission's recommendations to fund the FY 2022 Special
Project grant applications. Motion by Jones to receive, file,
and concur. Seconded by Resnick. Motion carried 7-0.
6. Agreement with Community Solutions of Eastern Iowa for
Rapid Rehousing: City Manager recommended City Council
approval of an Agreement with Community Solutions of Eastern
Iowa for an expanded Rapid Rehousing Program with CARES Act
funds allocation of $163,968. Motion by Cavanagh to receive
and file the documents and adopt Resolution No. 257-21
Approving an Agreement with Community Solutions of Eastern
Iowa for the Rapid Rehousing Program. Seconded by Sprank.
Motion carried 7-0.
7. Proceedings for Directing Sale of $3,720,000 Water
Revenue Refunding Bonds, Series 2021C and Awarding Bonds to
Best Bidder: City Manager recommended City Council approval of
the suggested proceedings for directing sale of the $3,720,000
Water Revenue Refunding Bonds, Series 2021C and awarding bonds
to the best bidder. Motion by Jones to receive and file the
documents and adopt Resolution No. 258-21 Directing Sale of
$3,720,000* (subject to adjustment per terms of offering)
Water Revenue Refunding Bonds, Series 2021C and Resolution No.
259-21 Authorizing the redemption of outstanding Water Revenue
Bonds, Series 2008D, of the City of Dubuque, State of Iowa,
dated November 4, 2008, and directing notice be given and
Resolution No. 260-21 Authorizing the redemption of
outstanding Water Revenue Bonds, Series 2010D, of the City of
Dubuque, State of Iowa, dated September 21, 2010, and
directing notice be given. Seconded by Farber. Motion carried
7-0.
8. June 2021 Bee Branch Creek Railroad Culverts Project
Update Video: The Public Information Office will show a video
of the Bee Branch Creek Railroad Project. Motion by Sprank to
receive and file the information and view the video. Seconded
by Jones. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Roussell reported that she had attended the
National League of Cities Conference and that the mulching
event put on by Trees Forever was a big success.
Council Member Jones stated that had he been at the dais to
vote on Action Item No. 1, he would have voted in the
affirmative. Additionally, he reported that the Historic US
Highway 20 Auto Trail signage is posted, and the informal
dedication was informative and fun.
Council Member Resnick reported he had attended the
production of Roald Dahl's Matilda and will be attending
Brigadoon at the Grand Opera House and how important the arts
are to the community.
Council Member Sprank thanked the Dubuque Police Department
on their speedy response to the tragedy that occurred over the
weekend.
CLOSED SESSION
Motion by Jones to convene in closed session at 8:38 p.m. to
discuss pending litigation and purchase or sale of real estate
Chapter 21.5(1)(c),O) Code of Iowa. Seconded by Cavanagh.
Mayor Buol stated for the record that the attorney who will
consult with City Council on the issues to be discussed in the
closed session is City Attorney Crenna Brumwell. Motion
carried 7-0.
Upon motion, the City Council reconvened in open session at
9:37 p.m. stating that staff had been given proper direction.
There being no further business, Mayor Buol declared the
meeting adjourned at 9:39 p.m.
/s/Trish L. Gleason,
Assistant City Clerk
It 7/28