Proof_City Council Proceedings 9.20.21Copyrighted
October 18, 2021
City of Dubuque Consent Items # 1.
City Council Meeting
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: 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 Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description
City Council Proceedings of 10/4/21
Zoning Advisory Commission Minutes of 10/6/21
Zoning Board of Adjustment Minutes of 9/23/21
Proof of Publication for City Council Proceedings of
9/7/21
Proof of Publication for City Council Proceedings of
9/20/21
Proof of Publication for List of Claims / Summary of
Revenues for Month Ended 8/31/21
Type
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:
09/29/2021
and for which the charge is 508.43
Subscribed to before me, a Notary Public in and for
Dubuque County, Iowa,
this 29th day of September, 2021
Notary Pu h in and for Dubuque kounty, Iowa.
�•"`•, JANETK.PAPE
Coeelealon Number 19M9
My Comm. Exp. DEC 11, 2022
Ad text : CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 5:00 p.m.
on September 20, 2021, in the second -floor Council Chambers of
the Historic Federal Building, 350 W. 6th Street,
Present: Mayor Buol (attended via phone and joined at 5:10
p.m. due to technical difficulties); Mayor Pro Tern Sprank
(chaired the meeting due to Mayor Buols attendance via phone);
Council Members Cavanagh, Farber, Jones, Resnick, Roussell;
City Manager Van Milligen, City Attorney Brumwell.
Mayor Pro Tern Sprank read the call and stated this is a
special session of the City Council called for the purpose of
conducting work sessions on the Project HOPE Quarterly Update
and the Dubuque Regional Airport Master Plan.
WORK SESSIONS (2)
1. Project HOPE Quarterly Update: Staff from the Community
Foundation of Greater Dubuque presented a quarterly report on
Project HOPES ongoing work. Peter Supple, Economic Opportunity
Coordinator; Alex Baum, Knowledge Management Director; and
Donna Loewen, Local College Access Network Coordinator, made a
presentation. Topics included:
- Collective Impact Model
- Current Project HOPE Initiatives:
o"Office of Shared Prosperity Support
o"MIT Good Companies, Good Jobs Initiative
o"Youth Empowerment Coalition (YEC)
- Additional Initiatives
- Dubuque College Access Network (DCAN)
The presenters responded to questions from the City Council
regarding strategies for engaging underserved populations,
DCAN funding options, and how businesses can be involved with
the YEC.
This work session concluded at 5:31 p.m.
2. Dubuque Regional Airport Master Plan: Airport Director
Todd Dalsing introduced Mike Dmyterko of Coffman and
Associates who provided a presentation on the Dubuque Regional
Airport Master Plan. Topics included:
- Master Plan Process
- Public Outreach
- Forecast Findings
-Recommended Development Concept
- Areas of Development
- Zoning Map
- Future Land Use
- Development Staging
- Projects Not Included in CIP
- Economic Benefit Analysis
- Next Steps
Mr. Dmyterko responded to questions from the City Council
regarding the Federal Aviation Administration (FAA) approval
process for the master plan and how the FAA plans for
accidents.
There being no further business, Mayor Pro Tern Sprank
declared the meeting adjourned at 6:09 p.m.
/s/Adrienne N. Breitfelder
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 September 20, 2021, in the second -floor Council Chambers of
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol (attended via phone); Mayor Pro Tern
Sprank (chaired the meeting due to Mayor Buols attendance via
phone); Council Members Cavanagh, Farber, Jones, Resnick,
Roussell; City Manager Van Milligen, City Attorney Brumwell.
Mayor Pro Tern Sprank 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
PROCLAMATION(S)
1. National Rail Safety Week Proclamation (September 20-26,
2021) was accepted by Assistant City Engineer Bob Schiesl on
behalf of CN and the City of Dubuque Engineering Department.
CONSENT ITEMS
Randy and Mimi Vaassen, 9843 Katie Cove, approached the
podium to speak about Action Item No. 3. Point of order by
City Attorney Bramwell that public input on action items
occurs during the public input section of the meeting. Council
Member Jones requested Item No. 20 be held for separate
discussion. Motion by Resnick to receive and file the
documents, adopt the resolutions, and dispose of as indicated,
except for Item No. 20. Seconded by Jones. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council proceedings
of 9/7; Library Board of Trustees Update of 8/26; Zoning
Advisory Commission of 9/1; Zoning Board of Adjustment of
8/26; Proof of publication for City Council proceedings of
8/23, 8/24, and 8/25. Upon motion the documents were received
and filed.
2. Notice of Claims and Suits: Lisa Delaney for vehicle
damage; Suzan Taliaferro for personal injury. Upon motion the
documents were received, filed, and referred to the City
Attorney.
3. Disposition of Claims: City Attorney advised that the
following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance
Pool: Lisa Delaney for vehicle damage; Suzan Taliaferro for
personal injury. 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. 313-21 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 Parking Operating
and Capital Deficit: City Manager recommended approval of the
suggested proceedings approving a transfer of funds from the
Greater Downtown Tax Increment Financing Special Revenue Fund
to the Parking Operating and Capital Funds for the deficits
caused by COVID-19 in Fiscal Years 2020 and 2021. Upon motion
the documents were received and filed, and Resolution No.
314-21 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. Final Plat of Cedar Ridge Farm Place No. 19: Zoning
Advisory Commission recommended approval of the Final Plat of
Cedar Ridge Farm Place No. 19 subject to waiving the lot
frontage requirement for Lot 1 and Lot 2. Upon motion the
documents were received and filed, and Resolution No. 315-21
Approving the Final Plat of: Cedar Ridge Farm Place No. 19,
City of Dubuque, Dubuque County, Iowa was adopted.
7. Pre -Annexation Agreement - Spencer J. and Emily A.
Birkenholz: City Manager recommended approval of a
Pre -Annexation Agreement with Spencer J. and Emily A.
Birkenholz, property owners, for property located at 10121
Timothy Street in Dubuque County, in conjunction with their
request to connect to City water. Upon motion the documents
were received and filed, and Resolution No. 316-21 Approving a
Pre -Annexation Agreement between the City of Dubuque, Iowa and
Spencer J. and Emily A. Birkenholz was adopted.
8. Pre -Annexation Agreement - Nicholas and Kaylyn Hoffmann:
City Manager recommended approval of a Pre -Annexation
Agreement with Nicholas and Kaylyn Hoffmann, property owners,
for property located at 9970 Four Sisters Court in Dubuque
County, in conjunction with their request to connect to City
water. Upon motion the documents were received and filed, and
Resolution No. 317-21 Approving a Pre -Annexation Agreement
between the City of Dubuque, Iowa and Nicholas and Kaylyn
Hoffmann was adopted.
9. Intent to Apply for 2021-2022 MLK Day of Service Grant:
City Manager recommended approval to apply for the 2021-2022
MLK Day of Service Grant in the amount of $10,000. Upon motion
the documents were received, filed, and approved.
10. Intent to Apply for Iowa Tourism Grant: City Manager
recommended approval to apply for an Iowa Tourism Grant in the
amount of $10,000. Upon motion the documents were received,
filed, and approved.
11. Intent to Apply for Iowa Arts Council American Rescue
Plan Arts Grant to Organizations: City Manager requested
approval to apply for the Iowa Arts Council American Recue
Plan Arts Grant to Organizations in the amount of $20,000.
Upon motion the documents were received, filed, and approved.
12. Proposed Downtown Rehabilitation Grant Award for 2900
Central Avenue: City Manager recommended approval of a
Downtown Rehabilitation Loan Program Grant Award to Dub Jones
Real Estate, LLC for rehabilitation of 2900 Central Avenue in
the maximum amount of $10,000 for fa*ade improvement and
Planning & Design grant at $10,000 maximum. Upon motion the
documents were received and filed, and Resolution No. 318-21
Approving a Grant Agreement between the City of Dubuque, Iowa
and Dub Jones Real Estate, LLC for the redevelopment of 2900
Central Avenue was adopted.
13. 2021 Stumps / Sidewalk Project Two: City Manager
recommended that the award for the 2021 Stumps / Sidewalk
Project Two be officially recorded in the minutes of the City
Council. Upon motion the documents were received, filed and
made a Matter of Record.
14. Bee Branch Railroad Culvert Trail Project: Land & Water
Conservation Fund Grant, Project Agreement: City Manager
recommended approval of a resolution authorizing execution of
the Project Agreement between the Iowa Department of Natural
Resources, the Land & Water Conservation Fund, and the City in
order to secure the use of $175,000.00 in a Land & Water
Conservation Fund grant for the Bee Branch Railroad Culverts
Trail Project. Upon motion the documents were received and
filed, and Resolution No. 319-21 Approving a Federal Land &
Water Conservation Fund Program Project Agreement between the
Iowa Department of Natural Resources, the Land & Water
Conservation Fund, and the City of Dubuque, Iowa for the Bee
Branch Creek Trail Connector Project was adopted.
15. Pennsylvania Avenue Right of Way Platting: City Manager
recommended approval of the Acquisition Plat of Lot 2A of
Dubuque Industrial Center North Third Addition in the City of
Dubuque, which provides additional right-of-way for future
improvements to Pennsylvania Avenue. Upon motion the documents
were received and filed, and Resolution No. 320-21 Approving
the Acquisition Plat of Lot 2A of Dubuque Industrial Center
North Third Addition in the City of Dubuque, Iowa was adopted.
16. 16th & Kerper Peosta Channel Bridge Fiber Collaboration
Project: City Manager recommended acceptance of the
construction contract for the 16th & Kerper Peosta Channel
Bridge Fiber Collaboration Project, as completed by McDermott
Excavating, in the final contract amount of $90,823.13 which
is a 3.7% increase from the original contract amount of
$87,465.88. Upon motion the documents were received and filed,
and Resolution No. 321-21 Accepting the 16th & Kerper Peosta
Channel Bridge Fiber Collaboration Project and authorizing the
payment to the contractor was adopted.
17. Signed Contract(s): Vendor Service Agreement with
Hawkins Inc. for the Eagle Point Water Plant Sodium
Hypochlorite; Seventh Amendment to Facility Management
Agreement with Platinum Hospitality Group, LLC. Upon motion
the documents were received and filed.
18. Improvement Contracts / Performance, Payment and
Maintenance Bonds: Temperley Excavating, Inc. for the Jonathan
Lane, Cider Ridge and Orchard Drive Water Main Replacement.
Upon motion the documents were received, filed, and approved.
19. Iowa Department of Public Health (IDPH) Childhood Lead
Poisoning and Healthy Homes Funding and Agreement with the
Visiting Nurse Association (VNA) and the Dubuque County Board
of Health: City Manager recommended approval of a contract
with the Dubuque County Board of Health and the Iowa
Department of Public Health for continued funding of the
Childhood Lead Poisoning Prevention Program and a renewed
agreement with the Visiting Nurse Association for services
related to the Childhood Lead Poisoning Prevention Program and
Healthy Homes Program. Upon motion the documents were
received, filed, and approved.
20. City Tow Contract: City Manager recommended award of the
FY2022-FY2025 City of Dubuque Tow Contract to Wenzel Towing.
Council Member Jones reported that all City Council members
received an email from one of the towing companies expressing
concern that customers do not have the opportunity to request
their preferred towing company when they experience a traffic
incident. Chief of Police Mark Dalsing stated that vehicle
owners determine who they contact to tow their vehicle in an
auto incident, except if the vehicle is blocking traffic or
the vehicle is abandoned. Motion by Jones to receive and file
the information and approve the contract. Seconded by Resnick.
Motion carried 7-0.
21. SRO and DARE Contracts for 2021-2022 School Year: City
Manager recommended approval of the School Resource Officer
(SRO) and DARE Contracts between the City of Dubuque and the
Dubuque Community School District (DCSD) for the CY 2021- 2022
school year. Upon motion the documents were received, filed,
and approved.
22. Iowa Department of Transportation Lease Agreement at
Jule Operations and Training Center: City Manager recommended
approval to extend the lease agreement with the Iowa
Department of Transportation for use of the CDL Course at the
Jule Operations and Training Center for Commercial Drivers
License testing through August 31, 2022. Upon motion the
documents were received, filed, and approved.
23. Proposed Amendment to Master Co -Location and Shared
Services Between the City of Dubuque and Interstate power and
Light: City Manager recommended approval of Amendment 6 to the
Master Co -location and Shared Services Agreement with
Interstate Power and Light (IPL) for installation of a shared
fiber conduit route within the City of Dubuque. Upon motion
the documents were received, filed, and approved.
24. Proposed Amendment to Master Co -Location and Shared
Services Between the City of Dubuque and Interstate Power and
Light: City Manager recommended approval of Amendment 7 to the
Master Co -location and Shared Services Agreement with
Interstate Power and Light (IPL) for purchase of a conduit
system which crosses the Iowa and Wisconsin Bridge over the
Mississippi River. Upon motion the documents were received,
filed, and approved.
25. Liquor License Renewals: City Manager recommended
approval of annual beer, liquor and wine licenses as
submitted. Upon motion the documents were received and filed,
and Resolution No. 322-21 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 was adopted.
BOARDS/COMMISSIONS
Appointments were made to the following boards/commissions:
i. Airport Commission: Two, 4-Year terms through September
14, 2025 (Expiring terms of Brotherton and Kurtz- Weber).
Applicants: Douglas Brotherton, 2823 Hickory Hill Dr. Marianne
Kurtz -Weber, 955 Prince Philip Dr. This commission is subject
to the State of Iowa Gender Balance Law. 5 Commissioners
total; currently 1 male/2 females/2 openings. Motion by
Cavanagh to appoint Mr. Brotherton and Ms. Kurtz -Weber to the
two four-year terms through September 14, 2025. Seconded by
Roussell. Motion carried 7-0.
ii. Building Code Advisory and Appeals Board: One, 3-Year
term through January 1, 2024 (Vacant HVAC Construction
Professional term of Swift). Applicant: Corey Valaskey, 1385
Alta Vista (Applying for HVAC Construction Professional).
Motion by Jones to appoint Mr. Valaskey to the three-year term
through January 1, 2024. Seconded by Farber. Motion carried
7-0.
iii. Historic Preservation Commission: One, 3-Year term
through July 1, 2024 (Vacant term of Doyle)* Applicant:
William Doyle, 1591 White St. This commission is subject to
the State of Iowa Gender Balance Law. 9 Commissioners total;
currently 5 males/2 females/2 openings *Opening was advertised
for 90 days while non -male identifying applicants were sought
in adherence with Iowa Code 69.16A Gender Balance. Additional
openings on the commission are being advertised for 90 days
while nonmale identifying applicants are sought in adherence
with Iowa Code 69.16A Gender Balance. Motion by Roussell to
appoint Mr. Doyle to the three-year term through July 1, 2024.
Seconded by Farber. Motion carried 7-0.
iv. Housing Trust Fund Advisory Committee: One, 3-Year term
through August 17, 2024 (Expired term of Holz) Applicant:
James Holz, 3010 Indiana Ct. Motion by Jones to appoint Mr.
Holz to the three-year term through August 17, 2024. Seconded
by Resnick. Motion carried 7-0.
v. Long Range Planning Advisory Commission: One, 3-Year term
through July 1, 2024 (Vacant term of Pregler) Applicant: Beth
McGrath, 2575 Saint Anne Drive. Motion by Cavanagh to appoint
Ms. McGrath to the three-year term through July 1, 2024.
Seconded by Farber. Motion carried 7-0.
PUBLIC HEARINGS
1. Amend the Unified Development Code to allow Registered
Child Development Home as a permitted use in Office,
Commercial, and Industrial zoning districts: Proof of
publication on notice of public hearing to consider City
Council approval of a request from the City of Dubuque to
amend the Unified Development Code to allow Registered Child
Development Home as a permitted use in Office, Commercial, and
Industrial zoning districts, and Zoning Advisory Commission
recommended approval. Motion by Cavanagh to receive and file
the documents and that the requirement that a proposed
ordinance be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be
passed be suspended. Seconded by Jones. Planning Services
Manager Wally Wemimont provided a staff report. Responding to
a question from the City Council, Mr. Wernimont stated that
the State of Iowa has both a licensing requirement and a
registration requirement for child development homes. Motion
carried 7-0.
Motion by Cavanagh for final consideration and passage of
Ordinance No. 30-21 Amending Title 16 of the City of Dubuque
Code of Ordinances, Unified Development Code, by amending
Chapter 16-2-3, Definitions, to add a definition of Registered
Child Development Home, and by amending Articles 16-5-7 (OR),
16-5-8 (OS), 16-5-9 (OC), 16-5-10 (C-1), 16-5-11 (C-2),
16-5-12 (C-2A), 16-5-13 (C-3), 16-5-14 (C-4), 16-5-15 (C-5),
16-5-16 (CS), 16-5-17 (CR), 16-5-18 (LT), 16-5-19 (HI), and
16-5-20 (MHI) by adding Registered Child Development Home to
the list of permitted uses. Seconded by Jones. Motion carried
7-0.
2. Resolution of Adoption for the Amended and Restated Urban
Renewal Plan for the Dubuque Industrial Center Economic
Development District Urban Renewal Plan, Version 2021.4: Proof
of publication on notice of public hearing to consider City
Council approval of an Amended and Restated Urban Renewal Plan
for the Dubuque Industrial Center Economic Development
District, Version 2021.4, and City Manager recommended
approval. Motion by Jones to receive and file the documents
and adopt Resolution No. 323-21 Approving the Amended and
Restated Urban Renewal Plan, Version 2021.4, for the Dubuque
Industrial Center Economic Development District. Seconded by
Resnick. Motion carried 7-0.
3. Resolution of Adoption for the Amended and Restated Urban
Renewal Plan for the Dubuque Industrial Center Economic
Development District Urban Renewal Plan, Version 2021.5: Proof
of publication on notice of public hearing to consider City
Council approval of an Amended and Restated Urban Renewal Plan
for the Dubuque Industrial Center Economic Development
District, Version 2021.5, and City Manager recommended
approval. Motion by Jones to receive and file the documents
and adopt Resolution No. 324-21 Approving the Amended and
Restated Urban Renewal Plan, Version 2021.5, for the Dubuque
Industrial Center Economic Development District. Seconded by
Cavanagh. Motion carried 7-0.
4. Fiscal Year 2022 First Budget Amendment: Proof of
publication on notice of public hearing to consider City
Council approval of the first Fiscal Year 2022 Budget
Amendment, which amends the Fiscal Year 2022 budget for City
Council actions since the beginning of the Fiscal Year and
includes items which City Council has expressed support.
Motion by Farber to receive and file the documents and adopt
Resolution No. 325-21 Record of Hearing and Adoption of Budget
Amendment. Seconded by Roussell. Responding to questions from
the City Council, Director of Finance and Budget Jennifer
Larson stated that this fiscal years amendment is larger due
to funds the city received from the American Rescue Plan (ARP)
and that year-to-year comparisons occur for certain reports,
such as the cash basis annual financial report. City Manager
Van Milligen referenced information in the citys Dollars and
Cents Public Information brochure and summarized how
additional reserves are utilized. Motion carried 7-0.
5. Tiffany Court - Lead Mine Sinkhole Remediation Project
Public Hearing: Proof of publication on notice of public
hearing to consider City Council approval of the plans,
specifications, form of contract and estimated cost of
$165,000 for the Tiffany Court Lead Mine Sinkhole Remediation
Project, and City Manager recommended approval. Motion by
Resnick to receive and file the documents and adopt Resolution
No. 326-21 Approval of plans, specifications, form of
contract, and estimated cost for the Tiffany Court - Lead Mine
Sinkhole Remediation Project. Seconded by Roussell. Council
Member Resnick referenced a call that he received from one of
the residents impacted by this sinkhole. Mr. Resnick stated
that the citizen expressed appreciation for the citys
assistance. City Manager Van Milligen thanked city staff for
their work and stated that the city was able to assist due to
the potential impact to public utilities resulting from the
sinkhole. Motion carried 7-0.
6. Kennedy Road Water Main Extension Project 2021 Public
Hearing: Proof of publication on notice of public hearing to
consider City Council approval of the plans, specifications,
form of contract and estimated cost of $1,042,975 for the
Kennedy Road Water Main Extension Project 2021, and City
Manager recommended approval. Motion by Cavanagh to receive
and file the documents and adopt Resolution No. 327-21
Approval of plans, specifications, form of contract, and
estimated cost for the Kennedy Road Water Main Extension
Project 2021. Seconded by Jones. Motion carried 7-0.
PUBLIC INPUT
Related to Action Item No. 3, Randy and Mimi Vaassen, 9843
Katie Cove; Steve Peters, 9878 Katie Cove; and Mike Oppelt,
9909 Katie Cove, spoke in opposition to the citys proposal to
purchase the property, expressing concerns over lack of
communication to surrounding property owners and the potential
impacts of industrial development in the area. City Clerk
Breitfelder stated that she received an email from Mr. Peters
with concerns about the impact of property owners and that the
email was forwarded to the City Council.
Chad Wagner, 2201 Joanne Dr. in Asbury, spoke about concerns
with the citys interpretation of a housing ordinance requiring
him to obtain a rental license for a property he purchased at
2206 Southway under the entity Old Mule, LLC for use by his
parents. Mr. Wagner stated a rental license should not apply
in this situation because he is not charging rent. Mr. Wagner
requested the city drop their lawsuit against him and to enact
an ordinance that applies to his situation.
Responding to a question from the City Council regarding
next steps, City Manager Van Milligen stated that future
public hearings will take place on rezoning related to Action
Item No. 3. Regarding Mr. Wagners comments, Mr. Van Milligen
stated that he will discuss the situation with the Housing
Department and the City Attorneys Office.
ACTION ITEMS
1. Greater Dubuque Development Corporation - Quarterly
Update: President and CEO Rick Dickinson presented the
quarterly update on the activities of the Greater Dubuque
Development Corporation. Mr. Dickinson introduced Jason White,
Vice President of Business Services, who provided a brief
introduction. Mr. Dickinson responded to questions from the
City Council following the presentation. Motion by Jones to
receive and file the information. Seconded by Resnick. Motion
carried 7-0.
2. Fiscal Year 2021 Year End Annual Report for Five Flags
Civic Center: City Manager transmitted the Fiscal Year (FY)
2021 Annual Report for Five Flags. Five Flags Manager HR Cook,
who is employed by ASM Global (formerly SMG), the private
management company for Five Flags, made a presentation to the
City Council on the Five Flags Civic Center FY 2021 Annual
Report and fiscal year end financials. Topics included: venue
shield; re -opening safely and responsibly; FY2021 events in
review; regional events comparison; year-end financials;
ticket buyer demographics; website statistics; FY2021
highlights; venue sponsorships; and news coverage. When asked
by City Council about feedback to consider for any future
actions on Five Flags, Mr. Cook stated there will need to be
an education process on what Five Flags does and the benefits
to downtown businesses from Five Flags location. Responding to
a question from the City Council regarding the hotel/motel tax
benefit, City Manager Van Milligen stated that the city
currently has the max allowance of 7 %, half of which is
allocated to Travel Dubuque and the other half allocated to
the city general fund. City Council expressed support in the
variety of shows offered at Five Flags and the wide range of
age demographics of event attendees. Motion by Cavanagh to
receive and file the information. Seconded by Jones. Motion
carried 7-0.
3. Purchase of Real Estate from River City Development Group
LLC: City Manager recommended City Council approval of a
Resolution approving an Offer to Buy Real Estate and
Acceptance for the purchase of 156.25 acres of property owned
by River City Development Group for a purchase price of
$4,218,750 ($27,000 per acre). Motion by Jones to receive and
file the documents and adopt Resolution No. 328-21 Approving
the acquisition of real estate owned by River City Development
Group LLC in Dubuque County, Iowa. Seconded by Resnick. City
Council members acknowledged the comments provided during the
public input section of the meeting and summarized the
advantages to the city purchasing the property. Responding to
a question from the City Council regarding future options for
public input, Planning Services Manager Wally Wernimont stated
that the property will go through the annexation process into
the city and the rezoning process, both of which are public
hearings. Mr. Wemimont also stated that the Planning Services
Department will notify all property owners within 200 feet,
which goes beyond the state code requirement of publishing the
notice in a newspaper. Responding to questions from the City
Council, City Manager Van Milligen stated that there is no
legal requirement to notify property owners before the city
purchases a property, and that state code allows property
acquisition discussions to occur in closed session to ensure
the property price is not negatively impacted based on
discussions. Mr. Van Milligen stated that official action on
property acquisitions must occur in open session. Motion
carried 7-0.
4. Amending a Tax Increment Ordinance for the Dubuque
Industrial Center Economic Development District, as amended by
Version 2021.4 of the Amended and Restated Plan: City Manager
recommended City Council adoption of an ordinance amending
Ordinance 22-21 for the Dubuque Industrial Center Economic
Development District as the Districts boundaries were amended
by Version 2021.4 of the Amended and Restated Urban Renewal
Plan. 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. Seconded by
Cavanagh. Motion carried 7-0.
Motion by Jones for final consideration and passage of
Ordinance No. 31-21 Amending Ordinance No. 22-21, previously
amended, providing that general property taxes levied and
collected each year on all property located within the Amended
and Restated Dubuque Industrial Center Economic Development
District Urban Renewal Area of the City of Dubuque, County of
Dubuque, State of Iowa, by and for the benefit of the State
of Iowa, City of Dubuque, County of Dubuque, Dubuque Community
School District, and other taxing districts, be paid to a
special fund for payment of principal and interest on loans,
monies advanced to and indebtedness, including bonds issued or
to be issued, incurred by said city in connection with the
Amended and Restated Dubuque Industrial Center Economic
Development District Urban Renewal Redevelopment Project by
removing part of Subarea C from the Division of Revenues.
Seconded by Cavanagh. Motion caried 7-0.
5. Amending a Tax Increment Ordinance for the Dubuque
Industrial Center Economic Development District, as amended by
Version 2021.5 of the Amended and Restated Plan: City Manager
recommended City Council adoption of an ordinance amending the
most recent Ordinance for the Dubuque Industrial Center
Economic Development District as the Districts boundaries were
amended by Version 2021.5 of the Amended and Restated Urban
Renewal Plan. 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.
Seconded by Cavanagh. Motion carried 7-0.
Motion by Jones for final consideration and passage of
Ordinance No. 32-21 Amending Ordinance No. 31-21, previously
amended, providing that general property taxes levied and
collected each year on all property located within the Amended
and Restated Dubuque Industrial Center Economic Development
District Urban Renewal Area of the City of Dubuque, County of
Dubuque, State of Iowa, by and for the benefit of the State of
Iowa, City of Dubuque, County of Dubuque, Dubuque Community
School District, and other taxing districts, be paid to a
special fund for payment of principal and interest on loans,
monies advanced to and indebtedness, including bonds issued or
to be issued, incurred by said city in connection with the
Amended and Restated Dubuque Industrial Center Economic
Development District Urban Renewal Redevelopment Project by
adding Subarea O to the Division of Revenues. Seconded by
Cavanagh. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Cavanagh reported on attending the Iowa
League of Cities (ILC) recent conference in Coralville. Mr.
Cavanagh was elected to another two-year term on the Executive
Board of the ILC and also stated that the ILCs recently
adopted legislative values share similarities with the citys
legislative priorities.
Council Member Farber reported on the upcoming Sister City
Photo Exhibit from October 14 through 16 hosted by the Sister
City Committee.
Council Member Resnick reported on attending an event entitled
Every Voice Matters last Saturday with other City Council
members.
Mayor Pro Tem Sprank reported on participating in Dubuques
Oktoberfest opening ceremony as Mayor Pro Tem.
Council Member Jones reported on recently speaking to the
current Leadership Dubuque class with Mayor Pro Tem Sprank.
CLOSED SESSION
Motion by Jones to convene in closed session at 9:08 p.m. to
discuss real estate transfer negotiations Chapter 21.5(1)0)
Code of Iowa. Seconded by Cavanagh. Mayor Pro Tem Sprank
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 Bramwell. Motion carried 7-0.
Upon motion, the City Council reconvened in open session at
10:09 p.m. stating that staff had been given proper direction.
There being no further business, Mayor Pro Tem Sprank
declared the meeting adjourned at 10:10 p.m.
/s/Adrienne N. Breitfelder
City Clerk
It 9/29