10 18 21 City Clerk's Skeleton Notes and Meeting CallCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on October 18, 2021 in
the second -floor Council Chambers of the Historic Federal Quildingg 350 W. 6th Streit.
P sent: Mayor Buol; ouncil Members Cav agh, Farrber, Johes, Re nick, Roussel[,
Sp;
City ManagerYn Milligen, City Attor ey Brumwell
Absent:
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
PROCLAMATIONS)
1. Boards and Commissions Recognition Day (October 18, 2021)
On behalf of the City Clerk's Office. Oenge, Bre-A,4cr
2. Gentleman Day (October 19, 2021)
On behalf of Waypoint Services. $e#ny & 3�koby
%r3. Lights On After School Day (October 28 2021
On behalf of St. Mark Youth Enrichment. B;h ry
4. Trick -or -Treat Night (October 31, 2021)
On behalf of the City of Dubuque. Rey B,Acf
CONSENT ITEMS
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Nays
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Buol
1. 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)
Yas
Nays
Farber
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Jones
Resnick
Roussell
Cavanagh
Buol
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
Yas
Nays
Farber
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Jones
Resnick
Roussell
Cavanagh
Buol
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)
Yas
Nays
Farber
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Jones
Resnick
Roussell
Cavanagh
Buol
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 HEART for $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-1-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)
5
ITEMS SET FOR PUBLIC HEARING
1. 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 Proposed Development Agreement by and between the City of
Dubuque, and Setzer 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 Fed Ex 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
Yays
Nays
Farber
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Roussell
Cavanagh
Buol
BOARDS/COMMISSIONS
1. Boards and Commission Applicant Review
i. Civic Center Advisory Commission
One, 3-Year term through June 29, 2024 (Expired term of Parks) Applicant:
Brenda Christner, 655 Florence St.
ii. 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
iii. Investment Oversight Advisory Commission
One, 3-Year term through July 1, 2024 (Vacant term of Becker) Applicant:
Molly Valaskey, 1385 Alta Vista St.
iv. 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
1. 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
Suspend the Readings
Yayp
Nays
Farber
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Jones
Resnick
Roussell
Cavanagh
Buol
Final Reading and Adopt
Yas
Nays
Farber
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Jones
Resnick
Roussel I
Cavanagh
Buol
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 A with a Super Majority
concur WID"i ll
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Yas
Nays
Farber
S rank
Jones
Resnick
Roussell
Cavanagh
Buol
Final Reading and Ado t
Yas
Nays
Farber
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Jones
Resnick
Roussell
Cavanagh
Buol
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)
Ya
Nays
Farber
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Jones
Resnick
Roussell
Cavanagh
Buol
PUBLIC INPUT
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ACTION ITEMS
1. 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
Ya
Nays
Farber
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Jones
Resnick
Roussell
Cavanagh
Buol
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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
Suspend the Read in s
Yas
Nays
Farber
a.
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Jones
Resnick
Roussell
Cavanagh
Buol
Final Reading and Ado t
Yas
Nays
Farber
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Jones
Resnick
Roussell
Cavanagh
Buol
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)
YaY4
Nays
Farber
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Jones
Resnick
Roussell
Cavanagh
Buol
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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
Ya
Nays
Farber
S rank
Jones
Resnick
Roussell
Cavanagh
Buol
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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
YaYP
Nays
Farber
S rank
Jones
Resnick
Roussell
Cavanagh
Buol
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
Yas
Nays
a
Farber
S rank
Jones
Resnick
Roussell
Cavanagh
Buol
COUNCIL MEMBER REPORTS
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To: Adrienne N. Breitfelder, City Clerk
You are hereby directed to call a regular session of the City Council to be held
on Monday, October 18, 2021, at 6:30 p.m. in the Historic Federal Building for the
purpose of conducting such business that may properly come before the City
Council.
oy D. Buol, Mayor
Consent Items: Pgs. 2-5