10 18 21 City Council AgendaROLL CALL ORDER FOR MEETING OF
October 18, 2021
Farber, Sprank, Jones, Resnick, Roussell, Cavanagh, Buol
Viewing and Participation Options
The public has the option to view and participate in the meeting in City Council Chambers or
virtually. To comply with social distancing, capacity limits are in place in City Council
Chambers and will require specific guidelines if maximum capacity is reached. If attending the
meeting in -person, please review guidelines in chambers and abide by any directions given by
city staff.
The meeting will be aired live on CityChannel Dubuque (Mediacom cable channels 8 and
117.2), streamed live and archived on the City's website at www.cityofdubuque.org/media, and
streamed live on the City's Facebook page at www.facebook.com/cityofdubuque.
The public can provide in -person, audio, and written input during sections of the agenda
where public input is accepted. It is strongly recommended that all members of the public who
intend to provide in -person or virtual public input contact the City Clerk at least 24 hours
prior to the meeting to provide notice of intent to provide public input. This will help City staff
anticipate participation levels at the meeting. Contact the City Clerk
at ctyclerk@cityofdubuque.org or 563-589-4100.
For in -person input, please reference the instructions on speaking within the Consent Items,
Public Hearing, and Public Input sections.
Virtual input options during the live meeting include:
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This option includes audio input and written "chat" input. If you are participating via
computer, indicate which item you would like to speak to in the Chat function, or note
you would like to speak during the appropriate section. If you are participating via
phone, indicate which item you would like to speak to when phone lines are unmuted. All
phone lines will be unmuted during the Consent Items, Public Hearings, and Public
Input periods, and City staff will determine the speaking order of attendees who would
like to speak. All comments, whether audio or written, must be accompanied by a name
and address.
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at www.cityofdubuque.org/councilcontacts
• Through the City Clerk's Office email at ctyclerk@cityofdubuque.org
iOFO CITY OF DUBUQUE, IOWA
,%, CITY COUNCIL MEETING
Historic Federal Building: 350 W. 6th Street -
p Second -Floor Council Chambers.
V Virtual participation options are also available. Please
see the information above for options.
October 18, 2021
Council meetings are video streamed live and archived at www.cityofdubuque.org/media and
on Dubuque's CityChannel on the Mediacom cable system at cable channel 8 and digital 117.2
REGULAR SESSION
6:30 PM
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
Boards and Commissions Recognition Day (October 18, 2021)
On behalf of the City Clerk's Office.
2. Gentleman Day (October 19, 2021)
On behalf of Waypoint Services.
3. Lights On After School Day (October 28, 2021)
On behalf of St. Mark Youth Enrichment.
4. Trick -or -Treat Night (October 31, 2021)
On behalf of the City of Dubuque.
CONSENT ITEMS
The consent agenda items are considered to be routine and non -controversial and all consent items
will be normally voted upon in a single motion without any separate discussion on a particular item. If
you would like to discuss one of the Consent Items, please go to the microphone and be recognized
by the Mayor and state the item you would like removed from the Consent Agenda for separate
discussion and consideration.
Minutes and Reports Submitted
City Council Proceedings of 10/4; Zoning Advisory Commission of 10/6; Zoning Board of Adjustment of
9/23; Proof of Publication for City Council Proceedings of 9/7 and 9/20; Proof of Publication for List of
Claims and Summary of Revenues for Month Ended 8/31.
Suggested Disposition: Receive and File
2. Notice of Claims and Suits
Jennifer Ney for personal injury; Michelle Spear for vehicle damage; Mary Summers for property
damage.
Suggested Disposition: Receive and File; Refer to City Attorney
3. Disposition of Claims
City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa,
the agent for the Iowa Communities Assurance Pool: Jennifer Ney for personal injury; Michelle Spear for
vehicle damage; Mary Summers for property damage.
Suggested Disposition: Receive and File; Concur
4. Approval of City Expenditures
City Manager recommending City Council approval for payment of City expenditures.
RESOLUTION 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
Suggested Disposition: Receive and File; Adopt Resolution(s)
5. Fiscal Year 2021 State of Iowa Annual Financial Report
City Manager recommending approval to file the Fiscal Year 2021 State of Iowa Annual Financial Report
with the State of Iowa Auditor.
Suggested Disposition: Receive and File; Approve
6. Final Plat of Rolling Hills Farm No. 2
Zoning Advisory Commission recommending approval of the Final Plat of Rolling Hills Farm No. 2 subject
to waiving the lot frontage requirement for Lot 1.
RESOLUTION Approving the Final Plat of Rolling Hills Farm Subdivision Plat 2, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
7. Final Plat of Stone Quarry Subdivision Plat 4
Zoning Advisory Commission recommending approval of the Final Plat of Stone Quarry Subdivision Plat
4 subject to waiving the street frontage requirements for both lots.
RESOLUTION Approving the Final Plat of Stone Quarry Subdivision Plat 4, Dubuque County,
Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
8. Pre -Annexation Agreement - LTD Ranch, LLC, Laura M. DeMaio
City Manager recommending approval of a Pre -Annexation Agreement with LTD Ranch, LLC, Laura M.
DeMaio, property owner, for property located at 10338 Key West Drive in Dubuque County, in
conjunction with their request to connect to City water.
RESOLUTION Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and LTD
Ranch, LLC, Laura M. Demaio
Suggested Disposition: Receive and File; Adopt Resolution(s)
9. Pre -Annexation Agreement - Isidore and Dayna Haverland
City Manager recommending approval of a Pre -Annexation Agreement with Isidore and Dayna Haverland,
property owners, for property located at 8315 Hidden Valley Road in Dubuque County, as part of
approving the Final Plat.
RESOLUTION Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Isidore
and Dayna Haverland
Suggested Disposition: Receive and File; Adopt Resolution(s)
10. City of Sageville Notice of Application for Annexation
Correspondence from the City of Sageville, Iowa regarding a public hearing scheduled for November 1,
2021 on an application for annexation.
Suggested Disposition: Receive and File; Refer to City Manager
11. Esri Article on the City of Dubuque's use of Geographic Information System (GIS) for
Broadband Investment
City Manager transmitting an article from Esri on the City of Dubuque's use of Geographic Information
System (GIS) for broadband investment.
Suggested Disposition: Receive and File
12. Acceptance of Public Improvements for South Heacock Road Cul-De-Sac from Walter
Development, LLC
City Manager recommending acceptance of the public improvements that the developer, Walter
Development, LLC, has recently completed on South Heacock Road in Dubuque Industrial Center West.
RESOLUTION Accepting Public Improvements on South Heacock Road, in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
13. Dillon Street Drain Tile Project 2021
City Manager recommending acceptance of the construction contract for the Dillon Street Drain Tile
Project 2021, as completed by Drew Cook & Sons Excavating Company, Inc., in the final contract amount
of $59,756.48, which is an increase of 11.9% over the original contract amount of $53,377.50.
RESOLUTION Accepting the Dillon Street Drain Tile Project 2021 and authorizing the payment to the
contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
14. Application for Redevelopment Subrecipient Planning Grant at 3400 Jackson Street
City Manager recommending approval to apply for a Brownfields Planning Grant from East Central
Intergovernmental Association (ECIA) in order to create a vision for the former Flexsteel Industries site at
3400 Jackson Street.
Suggested Disposition: Receive and File; Approve
15. First Amendment to Development Agreement between the City of Dubuque, Iowa and
Three Amigos, LLC for a Project at 898 Jackson Street
City Manager recommending approval of the First Amendment to Development Agreement between the
City of Dubuque, Iowa and Three Amigos, LLC for the rehabilitation of property at 898 Jackson Street.
RESOLUTION Approving the First Amendment to Development Agreement between the City of
Dubuque, Iowa and Three Amigos, LLC
Suggested Disposition: Receive and File; Adopt Resolution(s)
16. Acceptance of Warranty Deed from Hendricks Feed & Seed Co., Inc. Property
City Manager recommending approval of a Resolution accepting the Warranty Deed for 880 and 898
Central Avenue from Hendricks Feed & Seed Co., Inc.
RESOLUTION Accepting the Deed to Real Estate owned by Hendricks Feed & Seed Co., Inc. in
Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
17. Fiscal Year 2022 Contracted Service Agreement: Four Mounds HEART
City Manager recommending approval of a contracted services agreement for Fiscal Year 2022 with Four
Mounds HEARTfor $10,000 to provide hands-on training and education for youth performing housing
rehabilitation services, particularly in low -moderate income areas, or for low -moderate income housing.
RESOLUTION Authorizing Execution of FY22 Contracted Services Agreement with Four Mounds Heart
Program
Suggested Disposition: Receive and File; Adopt Resolution(s)
18. U.S. Department of Housing & Urban Development (HUD) Continuum of Care Program
Renewal Application — Fiscal Year 2023
City Manager recommending approval to submit a renewal pre -application to the Iowa Balance of State
and then a renewal application to the U.S. Department of Housing & Urban Development (HUD) for the
Continuum of Care Special Needs Assistance Program (CoC SNAP) grant for Fiscal Year 2023.
RESOLUTION Authorizing the Mayor to execute an application for the Continuum of Care Grant and
authorizing the Director of Housing and Community Development and the City Manager to approve the
application
Suggested Disposition: Receive and File; Adopt Resolution(s)
19. Letter of Support for University of Dubuque's Fulbright Scholar -in -Residence Proposal
City Manager providing a copy of a letter of support on behalf of the City of Dubuque in support of the
University of Dubuque's Fulbright Scholar -In -Residence (S-I-R) proposal.
Suggested Disposition: Receive and File
20. Alcohol and Tobacco License Applications
City Manager recommending approval of annual liquor, beer, wine and tobacco license applications as
submitted.
RESOLUTION 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
RESOLUTION Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as
required by Iowa Code Chapter 453A.47A
Suggested Disposition: Receive and File; Adopt Resolution(s)
ITEMS SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date indicated.
Second Amendment to Lease Agreement Between the City of Dubuque and Iowa
Greyhound Association
City Manager recommending the City Council set a public hearing for November 1, 2021, to
approve the Second Amendment to Lease Agreement between the City of Dubuque and Iowa
Greyhound Association that modifies the end date of the lease from December 31, 2025 to July
31, 2022.
RESOLUTION Intent to dispose of an interest in real property by Second Amendment to
Lease Agreement with Iowa Greyhound Association
Suggested Disposition:
Receive and File; Adopt Resolution(s), Set Public Hearing for November 1, 2021
2. Setting a Public Hearing at a Special City Council Meeting on November 22, 2021, on a Added
Proposed Development Agreement by and between the City of Dubuque, and Setzer Late
Properties DBQ, LLC providing for the Sale of City -owned Real Estate to Setzer
Properties DBQ, LLC Pursuant to the Development Agreement
City Manager recommending City Council set a public hearing at a special City Council
meeting on November 22, 2021, on a proposed Development Agreement by and among the City
of Dubuque and Setzer Properties DBQ, LLC providing for the sale of city -owned real estate to
Setzer Properties DBQ, LLC. Setzer Properties DBQ, LLC will be leasing the facility to
FedEx Ground.
RESOLUTION (1) Approving the minimum requirements, competitive criteria, and offering
procedures for the development and the sale of certain real property and improvements in The
Dubuque Industrial Center West Urban Renewal District; (2) Determining that the offer to
purchase submitted by Setzer Properties DBQ, LLC satisfies the offering requirements with
respect to the real property and improvements and declaring the intent of The City Council to
approve the sale to Setzer Properties DBQ, LLC in the event that no competing proposals are
submitted; and (3) Soliciting competing proposals
Suggested Disposition:
Receive and file; Adopt Resolution(s), Set for Public Hearing for November 22, 2021
BOARDS/COMMISSIONS
Boards and Commission Applicant Review
Applicants are invited to address the City Council regarding their desire to serve on the
following Boards/Commissions. Applicant appointments will be made at the next City Council
meeting.
Civic Center Advisory Commission
One, 3-Year term through June 29, 2024 (Expired term of Parks)
Applicant:
Brenda Christner, 655 Florence St.
MAYOR APPOINTMENT
Civil Service Commission
One, 4-Year term through April 6, 2025 (Expired term of White)
Applicant:
Daniel White, 2919 Elm St.
This commission is subject to the State of Iowa Gender Balance Law.
3 Commissioners total, currently 1 male/1 female/ 1 opening
Investment Oversight Advisory Commission
One, 3-Year term through July 1, 2024 (Vacant term of Becker)
Applicant:
Molly Valaskey, 1385 Alta Vista St.
Transit Advisory Board
One, 3-Year term through July 30, 2023 (Vacant term of Serna)
One, 3-Year term through July 30, 2024 (Expired term of Esser)
Applicants:
Matthew P. Esser, 90 Main St.
Greg Orwoll, 2635 West 32nd St.
Blake Scharpf, 1319 Forest Ln.
PUBLIC HEARINGS
Citizens are invited to address the City Council regarding the following agenda items. Please
come to the podium and state your name and address when the item you wish to speak to is
being considered.
Request to Amend the Westmark Planned Unit Development (PUD)
Proof of publication on notice of public hearing to consider City Council approval to amend the
Westmark Planned Unit Development (PUD) to allow drive -through pick-up windows for
pharmacies for the property located at 4025 Westmark Drive, and Zoning Advisory Commission
recommending approval.
ORDINANCE Amending Title 16 of the Unified Development Code of the City of Dubuque
Code of Ordinances by rescinding Ordinance 41-91 which provides regulations for a PUD
Planned Unit Development District with a PC Planned Commercial Designation for the
Westmark Corporate Center and adopting amended PUD Ordinance to allow Drive -Through
Pharmacies when associated with permitted principal and accessory uses
Suggested Disposition: Receive and File; Motion B; Motion A
2. Request to Rezone Property at 684 Kane Street
Proof of publication on notice of public hearing to consider City Council approval of a request
from Joe Behan to rezone property located at 684 Kane Street from R-1 Single Family
Residential to R-3 Moderate Density Multi -Family Residential to build a three -unit
townhouse, and Zoning Advisory Commission recommending denial of the request.
ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, by reclassifying hereinafter described property located at 684 Kane
Street from R-1 Single -Family Residential District to R-3 Moderate Density Multi -
Family Residential District
Suggested Disposition:
Receive and File; Concur with Denial OR Motion B; Motion Awith a Super Majority
3. Public Hearing for the Water Service Connection Charge Assessment - 1951 W. 32nd
Street
City Manager requesting the City Council establish the Final Schedule of Assessments at
$6,989.36 for the water service connection charge for 1951 W. 32nd Street.
RESOLUTION Approval of the Final Schedule of Assessments for 1951 W. 32nd Street
Suggested Disposition: Receive and File; Adopt Resolution(s)
PUBLIC INPUT
At this time, anyone in the Council Chambers may address the City Council on the Action Items on
the agenda or on matters under the control of the City Council. Citizens are asked to approach the
podium and state their name and address before proceeding with their comments. Individual remarks
are limited to five minutes, and the overall Public Input period is limited to 30 minutes. Under the Iowa
Open Meetings Law, the City Council can take no formal action on comments given during Public
Input which do not relate to Action Items on the Agenda.
ACTION ITEMS
These are items where discussion is held by the City Council - public comments are not
allowed except as authorized by the Mayor.
Dubuque County Land and Water Legacy Conservation Bond Referendum Presentation
Correspondence from Art Roche, Chair of the Dubuque County Land and Water Legacy,
regarding the Dubuque County Land and Water Legacy conservation bond referendum on the
City/School Election ballot on November 2, 2021.
Brian Preston, Executive Director of the Dubuque County Conservation Board, will make a
presentation.
Suggested Disposition:
Receive and File; Presentation
2. Proposed Ordinance Amendment to Incorporate Rent Abatement and Escrow Accounts
City Manager recommending the City Council adopt an Ordinance to allow for all remedies
allowed by the State of Iowa for correcting code violations in rental properties.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and
Development, Chapter 1 Building Codes, Article J Property Maintenance Code, Section 14-1J-
2 International Property Maintenance Code Amendments
Suggested Disposition: Receive and File; Motion B; Motion A
3. Lead & Healthy Home Program Grant Agreement
City Manager recommending City Council authorization of an agreement with the U.S.
Department of Housing & Urban Development (HUD) for the use of $4,275,680.92 to administer
the Lead and Healthy Homes Program.
RESOLUTION Authorizing the City Manager or his designee to execute an agreement and
any further documents required for the execution of the Lead and Healthy Homes Grant Award
of $1,000,000
Suggested Disposition: Receive and File; Adopt Resolution(s)
4. Dubuque Fire Department Accreditation by the Commission on Fire Accreditation
International of the Center for Public Safety Excellence
City Manager advising that on Wednesday, October 13, 2021, the Center for Public Safety
Excellence Commission on Fire Accreditation International voted to designate the Dubuque Fire
Department as an accredited agency.
Suggested Disposition: Receive and File
5. Dubuque Fire Department Public Information Brochure
City Manager providing a copy of the Dubuque Fire Department public information brochure.
Suggested Disposition: Receive and File
6. Sustainable Dubuque Community Grant Award Recommendation
City Manager recommending approval of the Resilient Community Advisory Commission
recommendations for funding four projects from the Sustainable Dubuque Community Grant
Program at a total funding amount of $9,200.
Suggested Disposition: Receive and File; Approve
COUNCIL MEMBER REPORTS
ADJOURNMENT
The agenda with supporting documents may be accessed at www.cityofdubuque.org or at the City
Clerk's Office, 50 W. 13th Street, during regular business hours.
This notice is given pursuant to Chapter 21, Code of Iowa, and applicable local regulations of the City
of Dubuque, Iowa and/or governmental body holding the meeting.
Written comments regarding the above items may be submitted to the City Clerk's Office, 50 W. 13th
St., Dubuque, IA 52001, before or at said time of meeting.
Individuals with limited English proficiency, vision, hearing or speech impairments or requiring special
assistance should contact the City Clerk's Office at (563) 589-4100, TDD/TTY (563) 690-6678,
ctyclerk@cityofdubuque.org as soon as feasible. Deaf or hard -of -hearing individuals can use Relay
Iowa by dialing 711 or (800) 735-2942.