Proof_City Council Proceedings 10.18.21Copyrighted
November 15, 2021
City of Dubuque Consent Items # 1.
City Council Meeting
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: City Council proceedings of 11/1; Arts and Cultural Affairs Commission
of 9/07, 9/28, and 10/19; 1 nvestment Oversight Advisory Commission of
10/26; Library Board of Trustees Update of 10/28; Zoning Advisory
Commission of 11/3; Proof of publication for City Council proceedings of
10/4, 10/18, and 10/20; Proof of publication for List of Claims and
Summary of Revenues for Month Ended September 30, 2021.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
/_1if_Td:I�,I=1kihI'S
Description Type
City Council Proceedings of 11/01/21 Supporting Documentation
Arts and Cultural Affairs Commission Minutes of Supporting Documentation
9/07/21
Arts and Cultural Affairs Commission Minutes of Supporting Documentation
9/28/21
Arts and Cultural Affairs Commission Minutes of
Supporting Documentation
10/ 19/21
Investment Oversight Advisory Commission Minutes of
Supporting Documentation
10/26/21
Library Board of Trustees Update of 10/28/21
Supporting Documentation
Zoning Advisory Commission Minutes of 11/3/21
Supporting Documentation
Proof of Publication for City Council Proceedings of
Supporting Documentation
10/4/21
Proof of Publication for City Council Proceedings of
Supporting Documentation
10/ 18/21
Proof of Publication for City Council Proceedings of
Supporting Documentation
10/20/21
Proof of Publication for List of Claims / Summary of
Supporting Documentation
Revenues for Month Ended 9/30/21
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:
10/27/2021
and for which the charge is 347.23
Su scribed to before me, a Notaryblic in and for
Dubuque County, Iowa,
this 27th day of October, 2021
Notary Pub
u i in and for Dubuque unty, Ib owa.
s JANET K. PAPE
s' Commission Number 1998s9
-- Mlq Ccmm. Exp. DEC 11, 2022
Ad text : CITY 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 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
PROCLAMATION(S)
1. Lights On After School Day (October 28, 2021) was
accepted by Beth McGorry on behalf of St. Mark Youth
Enrichment.
2. Boards and Commissions Recognition Day (October 18, 2021)
was accepted by City Clerk Adrienne Breitfelder on behalf of
the City Clerk's Office.
3. Gentleman Day (October 19, 2021) was accepted by Bethany
Jacoby on behalf of Waypoint Services.
4. Trick -or -Treat Night (October 31, 2021) was accepted by
Mayor Buol on behalf of the City of Dubuque.
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt
the resolutions, and dispose of as indicated. Seconded by
Farber. Motion carried 7-0.
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. Upon
motion the documents were received and filed.
2. Notice of Claims and Suits: Jennifer Ney for personal
injury; Michelle Spear for vehicle damage; Mary Summers for
property damage. 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: Jennifer Ney for personal injury; Michelle Spear for
vehicle damage; Mary Summers 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. 347-21 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. Fiscal Year 2021 State of Iowa Annual Financial Report:
City Manager recommended approval to file the Fiscal Year 2021
State of Iowa Annual Financial Report with the State of Iowa
Auditor. Upon motion the documents were received, filed, and
approved.
6. Final Plat of Rolling Hills Farm No. 2: Zoning Advisory
Commission recommended approval of the Final Plat of Rolling
Hills Farm No. 2 subject to waiving the lot frontage
requirement for Lot 1. Upon motion the documents were received
and filed, and Resolution No. 348-21 Approving the Final Plat
of Rolling Hills Farm Subdivision Plat 2, Dubuque County, Iowa
was adopted.
7. Final Plat of Stone Quarry Subdivision Plat 4: Zoning
Advisory Commission recommended approval of the Final Plat of
Stone Quarry Subdivision Plat 4 subject to waiving the street
frontage requirements for both lots. Upon motion the documents
were received and filed, and Resolution No.349-21 Approving
the Final Plat of Stone Quarry Subdivision Plat 4, Dubuque
County, Iowa was adopted.
8. Pre -Annexation Agreement - LTD Ranch, LLC, Laura M.
DeMaio: City Manager recommended 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. Upon motion the documents were received and filed, and
Resolution No. 350-21 Approving a Pre -Annexation Agreement
between the City of Dubuque, Iowa and LTD Ranch, LLC, Laura M.
Demaio was adopted.
9. Pre -Annexation Agreement - Isidore and Dayna Haverland:
City Manager recommended 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. Upon motion the
documents were received and filed, and Resolution No. 351-21
Approving a Pre -Annexation Agreement between the City of
Dubuque, Iowa and Isidore and Dayna Haverland was adopted.
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. Upon motion the documents were
received, filed, and referred to the City Manager.
11. Esri Article on the City of Dubuque's use of Geographic
Information System (GIS) for Broadband Investment: City
Manager transmitted an article from Esri on the City of
Dubuque's use of Geographic Information System (GIS) for
broadband investment. Upon motion the documents were received
and filed.
12. Acceptance of Public Improvements for South Heacock Road
Cul-De-Sac from Walter Development, LLC: City Manager
recommended acceptance of the public improvements that the
developer, Walter Development, LLC, has recently completed on
South Heacock Road in Dubuque Industrial Center West. Upon
motion the documents were received and filed, and Resolution
No. 352-21 Accepting Public Improvements on South Heacock
Road, in the City of Dubuque, Iowa was adopted.
13. Dillon Street Drain Tile Project 2021: City Manager
recommended 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. Upon motion the
documents were received and filed, and Resolution No. 353-21
Accepting the Dillon Street Drain Tile Project 2021 and
authorizing the payment to the contractor was adopted.
14. Application for Redevelopment Subrecipient Planning
Grant at 3400 Jackson Street: City Manager recommended
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. Upon motion the documents were received,
filed, and approved.
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 recommended 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. Upon motion the documents were
received and filed, and Resolution No. 354-21 Approving the
First Amendment to Development Agreement between the City of
Dubuque, Iowa and Three Amigos, LLC was adopted.
16. Acceptance of Warranty Deed from Hendricks Feed & Seed
Co., Inc. Property: City Manager recommended approval of a
Resolution accepting the Warranty Deed for 880 and 898 Central
Avenue from Hendricks Feed & Seed Co., Inc. Upon motion the
documents were received and filed, and Resolution No. 355-21
Accepting the Deed to Real Estate owned by Hendricks Feed &
Seed Co., Inc. in Dubuque County, Iowa was adopted.
17. Fiscal Year 2022 Contracted Service Agreement: Four
Mounds HEART: City Manager recommended 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. Upon motion the documents were
received and filed, and Resolution No. 356-21 Authorizing
Execution of FY22 Contracted Services Agreement with Four
Mounds Heart Program was adopted.
18. U.S. Department of Housing & Urban Development (HUD)
Continuum of Care Program Renewal Application Fiscal Year
2023: City Manager recommended 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. Upor
motion the documents were received and filed, and Resolution
No. 357-21 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 was adopted.
19. Letter of Support for University of Dubuque's Fulbright
Scholar -in -Residence Proposal: City Manager provided 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. Upon motion the
documents were received and filed.
20. 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. 358-21 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. 359-21 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.
Seconded by Sprank. Motion carried 7-0.
1. Second Amendment to Lease Agreement Between the City of
Dubuque and Iowa Greyhound Association: City Manager
recommended 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. Upon motion the documents were received and
filed and Resolution No. 360-21 Intent to dispose of an
interest in real property by Second Amendment to Lease
Agreement with Iowa Greyhound Association was adopted, setting
a public hearing for a meeting to commence at 6:30 p.m. on
November 1, 2021, in the Historic Federal Building.
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 recommended 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. Upon motion the documents were received
and filed and Resolution No. 361-21 (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 was adopted setting a public hearing for a
special meeting to commence at 6:30 p.m. on November 22, 2021
in the Historic Federal Building.
BOARDS/COMMISSIONS
Applications were reviewed for the following Boards and
Commissions. Applicants were invited to address the City
Council regarding their desire to serve on the following
Boards/Commissions.
i. Civic Center Advisory Commission: One, 3-Year term
through June 29, 2024 (Expired term of Parks) Applicant:
Brenda Christner, 655 Florence St.
ii. Civil Service Commission (MAYOR APPOINTMENT): One,
4-Year term through April 6, 2025 (Expired tern 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/l 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 Sema) One, 3-Year term through July
30, 2024 (Expired term of Esser) Applicants: Matthew P. Esser,
90 Main St.; Greg Orwell, 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 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 Wernimont provided a
staff report. Responding to questions from the City Council,
Mr. Wernimont stated that PUD amendments only amend the
properties specified in the legal description of the
ordinance, and that the Engineering Departments traffic study
concluded that no improvements are currently required. Motion
carried 7-0.
Motion by Cavanagh for final consideration and passage of
Ordinance No. 34-21 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. Seconded by Jones. Motion carried 7-0.
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 recommended denial of the request. Motion by
Cavanagh to receive and file the documents and concur with the
denial. Seconded by Sprank. Planning Services Manager Wally
Wernimont provided a staff report. Rose Theoni, 580 Primrose
Ct., spoke in opposition to the request and submitted a
petition signed by area residents. Chris Theoni, 680 Primrose
Ct.; Ron Vogt, 668 Kane St.; Becky Krause, 686 Kane St.; Rich
Neuses, 505 Primrose St.; Kyle Christina, 565 Primrose Ct.;
and Mark Kelleher, 585 Primrose Ct., all spoke in opposition
to the rezoning request. City Council Members thanked the
residents for providing input and spoke in opposition to
rezoning the property to R-3. Motion carried 7-0.
3. Public Hearing for the Water Service Connection Charge
Assessment - 1951 W. 32nd Street: City Manager requested the
City Council establish the Final Schedule of Assessments at
$6,989.36 for the water service connection charge for 1951 W.
32nd Street. Motion by Jones to receive and file the documents
and adopt Resolution No. 362-21 Approval of the Final Schedule
of Assessments for 1951 W. 32nd Street. Seconded by Resnick.
Motion carried 7-0.
PUBLIC INPUT
Molly Grover, President and CEO of the Dubuque Area Chamber
of Commerce, spoke in support of Action Item No. 2, stating
that the Dubuque Area Chamber of Commerce provided feedback on
the proposed ordinance based on its potential business impact.
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. Motion by Roussell to receive and file the information
and listen to the presentation. Seconded by Farber. Brian
Preston, Executive Director of the Dubuque County Conservation
Board, made a presentation. Topics included: County
Comprehensive Parks, Trails, and Open Spaces Plan 2020; Master
Plan; Recommendations for the allocation of referendum funds;
and Examples of projects in Long Range Plan. Responding to
questions from the City Council, Mr. Preston stated that all
proposed projects that would be funded through the bond are
subject to the public hearing process, so residents would have
adequate opportunities to provide input. Art Roche spoke
virtually and thanked Mr. Preston for the presentation. Motion
carried 7-0.
2. Proposed Ordinance Amendment to Incorporate Rent
Abatement and Escrow Accounts: City Manager recommended the
City Council adopt an Ordinance to allow for all remedies
allowed by the State of Iowa for correcting code violations in
rental properties. 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 Sprank. Housing and Community Development Director
Alexis Steger responded to questions from the City Council
regarding the ordinances applicability to manufactured homes,
Iowa Codes definition of essential services, and the
ordinances scope of enforcement. Motion carried 7-0.
Motion by Jones for final consideration and passage of
Ordinance No. 36-21 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.
Seconded by Sprank. Motion carried 7-0.
3. Lead & Healthy Home Program Grant Agreement: City Manager
recommended 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. Motion by Cavanagh to receive and file the
documents and adopt Resolution No. 363-21 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. Seconded by Resnick.
Responding to a question from the City Council, Housing and
Community Development Director Alexis Steger stated that
additional programs are utilized to help eliminate lead in
Dubuque homes. City Manager Van Milligen stated that child
lead poisoning is decreasing in the city. Motion carried 7-0.
4. Dubuque Fire Department Accreditation by the Commission
on Fire Accreditation International of the Center for Public
Safety Excellence: City Manager advised 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.
Motion by Resnick to receive and file the information.
Seconded by Jones. Fire Chief Rick Steines spoke about the
accreditation process and responded to questions from the City
Council regarding future objectives of the department. Motion
carried 7-0.
5. Dubuque Fire Department Public Information Brochure: City
Manager provided a copy of the Dubuque Fire Department public
information brochure. Motion by Jones to receive and file the
document. Seconded by Sprank. City Manager Van Milligen stated
that the brochure will be mailed out with all resident utility
bills in the next billing cycle. Motion carried 7-0.
6. Sustainable Dubuque Community Grant Award Recommendation:
City Manager recommended 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. Motion by Resnick to receive
and file the documents and approve the recommendations.
Seconded by Farber. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Roussell reported on attending the renewable
natural gas ribbon cutting and the recent volunteer efforts of
Dubuque Trees Forever.
Council Member Sprank reported on attending the sister city
photo exhibit hosted by Travel Dubuques Sister City Committee.
Council Member Resnick also reported on attending the
renewable natural gas ribbon cutting.
Council Member Jones reported on the general election
occurring on November 2nd, 2021.
Mayor Buol reported on attending the sister city photo
exhibit and spoke about his previous travel experiences to
Dubuques sister cities.
There being no further business, Mayor Buol declared the
meeting adjourned at 8:30 p.m.
/s/Adrienne N. Breitfelder
City Clerk
It 10/27