Minutes_City Council Proceedings 11.15.21Copyrighted
December 6, 2021
City of Dubuque Consent Items # 1.
City Council Meeting
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: City Council Proceedings of 11/15 and 11/22; Arts and Cultural Affairs
Commission of 11/23; Cable TV Commission of 6/16 and 11/17; Civil
Service Commission of 11/04; Historic Preservation Commission of
11/18; Human Rights Commission of 9/13; Library Board of Trustees of
9/23; Library Board of Trustees Update of 11/18; Zoning Board of
Adjustment of 10/28; Proof of Publication for City Council Proceedings
of 11 /01.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
City Council Proceedings of 11/15/21 Supporting Documentation
City Council Proceedings of 11/22/21
Arts and Cultural Affairs Commission Minutes of
11 /23/21
Cable TV Commission Minutes of 6/16/21
Cable TV Commission Minutes of 11/17/21
Civil Service Commission Minutes of 11/04/21
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Historic Preservation Commission Minutes of 11/18/21 Supporting Documentation
Human Rights Commission Minutes of 09/13/21 Supporting Documentation
Library Board of Trustees Minutes of 09/23/21
Library Board of Trustees Minutes of 09/23/21
Library Board of Trustees Update of 11/18/21
Zoning Board of Adjustment Minutes of 10/28/21
Proof of Publication for City Council Proceedings of
11/01/21
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on November 15, 2021, in the
second -floor Council Chambers of the Historic Federal Building, 350 W. 6'" Street.
Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell,
Sprank; City Manager Van Milligen, City Attorney Brumwell.
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. Dubuque Service Partnership and Vaccine Clinic Volunteer Appreciation Day (November
15, 2021) was accepted by Marie Zoromski, Director of the Senior Volunteer Program, on behalf
of the Dubuque County Incident Management Team.
2. Pancreatic Cancer Awareness Day (November 18, 2021) was accepted by Diane Oglesby-
Rambousek on behalf of the Michael W. Oglesby Foundation.
3. Small Business Saturday (November 27, 2021) was accepted by Dan Sullivan, Vice
President of Membership of the Dubuque Area Chamber of Commerce, on behalf of the Small
Business Saturday Coalition and the Dubuque Area Chamber of Commerce.
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of
as indicated. Seconded by Sprank. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council proceedings of 11/1; Arts and Cultural Affairs
Commission of 9/07, 9/28, and 10/19; Investment 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. Upon motion the
documents were received and filed.
2. Notice of Claims and Suits: Anthony T. Cobbins for vehicle damage; Vanderloo and White
Animal Hospital for property damage. Upon motion the documents were received, filed, and
referred to the City Attorney.
3. 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. 390-21 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.
4. September 30, 2021 Quarterly Investment Report: City Manager transmitted the
September 30, 2021 Quarterly Investment Report. Upon motion the documents were received
and filed.
5. Fiscal Year 2022 Detailed Budget for the Five Flags Civic Center: City Manager transmitted
the Fiscal Year 2022 Budget for the Five Flags Civic Center. Upon motion the documents were
received and filed.
6. Iowa Arts & Culture Marketing Grant Award (Iowa CARES Act) to Five Flags Civic Center:
City Manager transmitted information related to the $11,300 Iowa Arts & Culture Marketing
Grant Award to Five Flags Civic Center to support their work to advance arts and culture in Iowa.
Upon motion the documents were received and filed.
7. Iowa Department of Cultural Affairs Iowa Arts & Culture Marketing Grant Application and
Award: City Manager recommended acceptance of a $15,000 grant award from the Iowa
Department of Cultural Affairs Arts & Culture Marketing Grant program to support an umbrella
communications campaign to capture and brand the uniqueness of Dubuque's creative and
cultural assets, while emphasizing the safety protocols undertaken by the sector and
communicating out the City's ongoing mitigation directives related to the COVID-19 pandemic.
Upon motion the documents were received, filed, and approved.
8. Approval of Fiscal Year 2022 Contract Service Agreement with Hills & Dales Senior Center
and Community Development Block Grant Agreement with Iowa State University Extension: City
Manager recommended approval of the Fiscal Year 2022 contract service agreement for Hills
& Dales Senior Center and Community Development Block Grant (CDBG) agreement with the
Iowa State University (ISU) extension. Upon motion the documents were received, filed, and
approved.
9. Americans for the Arts' Arts & Economic Prosperity 6 Partner Contract for Execution: City
Manager recommended approval of the execution of the Americans for the Arts' Arts &
Economic Prosperity 6 Partner Contract. Upon motion the documents were received, filed, and
approved.
10. Iowa Department of Cultural Affairs' American Rescue Plan Arts Grants - Organizations
Agreement for Execution: City Manager recommended approval of the Iowa Department of
Cultural Affairs' American Rescue Plan Arts Grants —Organization Grant Agreement and
requested the City Council authorize the City Manager to execute the grant agreement. Upon
motion the documents were received, filed, and approved.
11. Arts & Culture Master Plan Community Engagement Public Information Brochure: City
Manager provided a copy of the Arts & Culture Master Plan Community Engagement public
information brochure. Upon motion the documents were received and filed.
12. Fiscal Year 2021 Grants Under the Route Planning Restoration Program: City Manager
recommended approval to apply for the Fiscal Year 2021 Grants under the Route Planning
Restoration Program. Upon motion the documents were received, filed, and approved.
13. Construction Contract for Bee Branch Healthy Homes Program: 1560 Iowa Street: City
Manager recommended approval of the bid from Bel -Aire Home Improvement LLC in the
amount of $165,634.80 for construction at 1560 Iowa Street. Upon motion the documents were
received and filed, and Resolution No. 391-21 Awarding Bee Branch Healthy Homes Program
Contract for 1560 Iowa Street Construction Project was adopted.
14. Signed Contract(s): Drew Cook & Sons Excavating Co. Inc. for the John F. Kennedy
Water Main Extension - Forest Glen Ct. to Daisy Trail Project; Ferguson Waterworks for the
Water Meter R900 Migration; McDermott Excavating Company for the South Gate Drive to
Simpson Street Water Main Project. Upon motion the documents were received and filed.
15. Pre -Annexation Agreement - Jeffrey and Carolyn Burger: City Manager recommended
approval of a Pre -Annexation Agreement with Jeffrey and Carolyn Burger, for property located
at 9565 Monticello 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. 392-21
Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Jeffery and
Carolyn Burger was adopted.
16. Ambulance Billing Vendor - Selection Recommendation: City Manager recommended
approval of the selection of Digitech Computer, LLC as the new Ambulance Billing Vendor
effective January 1, 2022, and requests City Council approval to negotiate with Digitech for a
contract. Upon motion the documents were received, filed, and approved.
17. Design of the Old Mill Road Lift Station and Force Main: City Manager recommended City
Council authorization to release a Request for Proposals for the Design of the Old Mill Road Lift
Station and Force Main. Upon motion the documents were received, filed, and approved.
18. Platting of City Property in Dubuque Industrial Center North First Addition: City Manager
recommended approval of the Plat of Survey of Lot 1-C and Lot 2-C of Dubuque Industrial
Center North First Addition in the City of Dubuque. Upon motion the documents were received
and filed, and Resolution No. 393-21 Approving Plat of Survey of Lot 1-C and Lot 2-C Dubuque
Industrial Center North First Addition, in the City of Dubuque, Iowa was adopted.
19. Roadway Improvement Project Stoneman Road and JFK Road: City Manager
recommended approval of a Development Agreement with developer GreenState Credit Union
(GSCU) for the construction of public roadway improvements at the intersection of Stoneman
Road and JFK Road. Upon motion the documents were received and filed, and Resolution No.
394-21 Approving an Agreement for Construction of Roadway Improvements on Stoneman
Road and JFK Road between the City of Dubuque, Iowa and GreenState Credit Union was
adopted.
20. 2021 Stumps/Sidewalks Project One: City Manager recommended acceptance of the
construction contract for the 2021 Stumps/Sidewalks Project One, as completed by G & R Tree
Service, in the final contract amount of $105,940.88. Upon motion the documents were received
and filed, and Resolution No. 395-21 Accepting the 2021 Stumps / Sidewalks Project One and
authorizing the payment to the contractor was adopted.
21. Mystique Community Ice Center: Floor Slab Void Filling, Lifting and Leveling Project -
Acceptance of Public Improvement Project: City Manager recommended acceptance of the
construction contract for the Mystique Community Ice Center Floor Slab Void Filling, Lifting and
Leveling Project, as completed by URETEK USA Inc., in the final contract amount of $96,760.76,
which is a 40.2% increase from the original contract amount of $69,000.00. Upon motion the
documents were received and filed, and Resolution No. 396-21 Accepting the Mystique
Community Ice Center Floor Slab Void Filling, Lifting and Leveling Project and authorizing the
payment to the contractor was adopted.
22. Abstract of Votes - 2021 General Election: City Clerk transmitted the Abstract of Votes
for the November 2, 2021 General Election as certified by the Dubuque County Auditor. Upon
motion the documents were received and filed.
23. Adoption of Code of Ordinances Supplement No. 2021 S-5: City Clerk recommended
adoption of Supplement No. 2021 S-5 to the City of Dubuque Code of Ordinances that codifies
Ordinance Nos. 28-21 through 36-21. Upon motion the documents were received and filed, and
Resolution No. 397-21 Adopting Supplement No. 2021 S-5 to the Code of Ordinances of the
City of Dubuque, Iowa was adopted.
24. Civil Service Commission - Certified List: Civil Service Commission submitted the certified
list for the position of Police Officer. Upon motion the documents were received, filed and made
a Matter of Record.
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. 398-21 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.
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 Farber. Motion carried 7-0.
1. 2021 Redistricting Plan for City Wards & Precincts: City Manager recommended the City
Council set a public hearing for December 6, 2021, on the 2021 Redistrict Plan for City Wards
and Precincts. Upon motion the documents were received and filed, and Resolution No. 399-21
Setting a Public Hearing on 2021 Redistricting Plan for the Wards & Precincts of the City of
Dubuque, Iowa was adopted setting a public hearing for a meeting to commence at 6:30 p.m.
on December 6, 2021, in the Historic Federal Building.
2. Proceedings for Public Hearing on the Issuance of Not to Exceed $1,570,000, Water
Revenue Capital Loan Notes (Interim Financing) State Revolving Funds, Planning and Design
Loan Applications: City Manager recommended that a public hearing be set for December 6,
2021, on the proposition of selling not to exceed $1,570,000 in Water Revenue Capital Loan
Notes (Interim Financing) State Revolving Loan Fund Program, the proceeds of which will be
used to pay planning and design costs for Webber Property Water Distribution System
Improvements Project. Upon motion the documents were received and filed, and Resolution No.
400-21 Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement
and the issuance of not to exceed $1,570,000 Water Revenue Capital Loan Notes of the City of
Dubuque, Iowa, and providing for publication of notice thereof was adopted setting a public
hearing for a meeting to commence at 6.30 p.m. on December 6, 2021, in the Historic Federal
Building.
3. Proceedings for Public Hearing on the Issuance of Not to Exceed $900,000, Sewer
Revenue Capital Loan Notes (Interim Financing) State Revolving Funds, Planning and Design
Loan Applications: City Manager recommended that a public hearing be set for December 6,
2021, on the proposition of selling not to exceed $900,000 in Sewer Revenue Capital Loan
Notes (Interim Financing) State Revolving Loan Fund Program. Upon motion the documents
were received and filed, and Resolution No. 401-21 Fixing date for a meeting on the
authorization of a Loan and Disbursement Agreement and the issuance of not to exceed
$900,000 Sewer Revenue Capital Loan Notes of the City of Dubuque, Iowa, and providing for
publication of notice thereof was adopted setting a public hearing for a meeting to commence
at 6:30 p.m. on December 6, 2021 in the Historic Federal Building.
4. 2022 John F. Kennedy Road Sidewalk Installation Project: City Manager recommended
City Council approval of the Resolution of Necessity, approval of the Preliminary Schedule of
Assessments and establishing December 6 as the date of the public hearing for the 2022 John
F. Kennedy Road Sidewalk Installation Project between Asbury Road and the Northwest
Arterial. Upon motion the documents were received and filed and Resolution No. 402-21
Necessity for the 2022 John F. Kennedy Road Sidewalk Installation Project; and Resolution No.
403-21 Approving the preliminary plats, schedule of assessments and estimate of total cost for
the 2022 John F. Kennedy Road Sidewalk Installation Project was adopted setting a public
hearing for a meeting to commence at 6:30 p.m. on December 6, 2021 in the Historic Federal
Building.
BOARDS/COMMISSIONS
Appointments were made to the following boards/commissions.
i. Civic Center Advisory Commission - Rescheduled from November 1, 2021, City Council
Meeting. Two, 3-Year terms through June 29, 2024 (Expired terms of Daugherty and Parks).
Applicants: Brenda Christner, 655 Florence St.; Tyler Daugherty, 6527 N. Wilshire Ln.; Bryce
Parks, 2770 Van Buren Ave. Upon roll call vote, Mr. Daugherty and Mr. Parks were appointed
to the two 3-year terms through June 29, 2024. Mr. Daugherty and Mr. Parks received all 7
votes, respectively.
ii. Resilient Community Advisory Commission: One, 3-Year term through July 1, 2024 (Vacant
term of Booth). Applicant: Katharine Connolly, 205 Bryant Street. Motion by Roussell to appoint
Ms. Connolly to the three-year term through July 1, 2024. Seconded by Cavanagh. Motion
carried 7-0.
0114Los: I=F_1N101:069
1. Request to Rezone Property at Bies Drive: Proof of publication on notice of public hearing
to consider City Council approval of a request from Dave Frommelt, American Realty, to rezone
property located at Bies Drive from C-3c General Commercial zoning district with conditions to
PR Planned Residential zoning district to allow for the development of a multi -family residential
development, and Zoning Advisory Commission recommended approval. Motion by Jones to
receive and file the documents and that the requirement that a proposed ordinance be
considered and voted on for passage at two Council meetings prior to the meeting at which it is
to be passed be suspended. Seconded by Sprank. Planning Services Manager Wally
Wernimont provided a staff report. Responding to questions from the City Council, Mr.
Wernimont stated that the property owner will be required to install sidewalks and that all
property owners within 200 feet of the property were notified of the rezoning request. Applicant
Dave Frommelt, 995 Prince Phillip Dr., stated that he represented the developer and provided
input on the removal of trees on the property and the access points for the property. Responding
to a question from the City Council, Mr. Frommelt stated that the developer would need to
confirm whether the apartments would be market rate. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 39-21 Amending Title
16 of the Unified Development Code of the City of Dubuque Code of Ordinances by reclassifying
hereinafter described property located at Bies Drive from C-3c General Commercial with
conditions to PUD Planned Unit Development District with a PR Planned Residential District
Designation and adopting a Conceptual Development Plan for two 28-unit multi -family
residential buildings with detached garages. Seconded by Sprank. Motion carried 7-0.
2. Request to Rezone Property at the corner of Peru Road, Louise Street and Monroe
Avenue: Proof of publication on notice of public hearing to consider City Council approval of a
request from Denise Foht to rezone property located at the corner of Peru Road, Louise Street
and Monroe Avenue from R-1 Single -Family Residential zoning district to R-3 Moderate Density
Multi -Family Residential zoning district to accommodate an off -premise residential garage, 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 Roussell. Planning Services Manager Wally Wernimont provided a
staff report. Responding to a question from the City Council, Mr. Wernimont stated that the
maximum space approved for the garage on the property is 700 feet, and that any additional
area intended for the garage would require approval from the Zoning Board of Adjustment.
Applicant Denise Foht, 723 Peru Road, stated that the garage would be fully enclosed. Motion
carried 7-0.
Motion by Cavanagh for final consideration and passage of Ordinance No. 40-21 Amending
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying
Lot 1 - 1 Evelyn Tharp Place Located at the corner of Peru Road, Louise Street and Monroe
Avenue from R-1 Single -Family Residential District to R- 3 Moderate Density Multi -Family
Residential Zoning District. Seconded by Roussell. Motion carried 7-0.
3. Request to Rezone Property at 1597 Delhi Street: Proof of publication on notice of public
hearing to consider City Council approval of a request from Jeff Adams to rezone property
located at 1597 Delhi Street from ID Institutional zoning district to C-2 Neighborhood Shopping
Center zoning district, and Zoning Advisory Commission recommended approval. Motion by
Jones to receive and file the documents and that the requirement that a proposed ordinance be
considered and voted on for passage at two Council meetings prior to the meeting at which it is
to be passed be suspended. Seconded by Cavanagh. Planning Services Manager Wally
Wernimont provided a staff report. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 41-21 Amending Title
16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying
hereinafter described property located at 1597 Delhi Street from ID Institutional District to C-2
Neighborhood Shopping Center District. Seconded by Cavanagh. Motion carried 7-0.
4. Bee Branch Gate and Pump Replacement Project: Proof of publication on notice of public
hearing to consider City Council authorization to enter into a Consent to Easement Structures
Agreement with the United States Army Corps of Engineers (USACE) as a requirement for the
City to proceed with the Bee Branch Gate and Pump Replacement Project, and City Manager
recommended approval. Motion by Jones to receive and file the documents and adopt
Resolution No. 404-21 Disposing of interest in real estate through Agreement with the US Army
Corps of Engineers. Seconded by Sprank. Motion carried 7-0.
5. Proposed Lease Agreement Between the City of Dubuque and Comelec Internet Services:
Proof of publication on notice of public hearing to consider City Council approval of a lease with
Comelec Internet Services for space on the 3rd Street Water Tower, and City Manager
recommended approval. Motion by Cavanagh to receive and file the documents and adopt
Resolution No. 405-21 Approving the disposal of an interest in real property owned by the City
of Dubuque by Lease Supplement between the City of Dubuque, Iowa and Comelec Internet
Services, LLC. Seconded by Jones. Motion carried 7-0.
ACTION ITEMS
1. Dubuque Airport Master Plan Study and Airport Layout Plan Update: City Manager
recommended City Council approval of the Dubuque Regional Airport Master Plan Study and
Airport Layout Plan Update recently prepared by Coffman and Associates. Motion by Roussell
to receive and file the documents and approve the plan. Seconded by Farber. City Council
members expressed appreciation for the plan and suggested a future presentation to educate
the public on the plan. Motion carried 7-0.
2. Resilient Community Advisory Commission Ordinance Update: City Manager
recommended City Council approval of an ordinance amendment for the Resilient Community
Advisory Commission regarding meeting frequency. 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 Sprank. City Council members expressed support for the amendment to allow
greater flexibility for the commission. Motion carried 7-0.
Motion by Cavanagh for final consideration and passage of Ordinance No. 42-21 Amending
City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 6 Resilient
Community Advisory Commission, Section 2-6-10 Meetings. Seconded by Sprank. Motion
carried 7-0.
3. Fiscal Year 2022 Community Development Block Grant Agreement with Northeast Iowa
School of Music: City Manager recommended City Council approval of the Community
Development Block Grant Agreement with Northeast Iowa School of Music (NISOM) as part of
the Neighborhood Recreation Program. Motion by Roussell to receive and file the documents
and approve the agreement. Seconded by Cavanagh. Motion carried 7-0.
4. Central Avenue Corridor Streetscape Master Plan Draft - Work Session Request: City
Manager requested the City Council schedule a work session for December 20, 2021, at 5:30
p.m. on the Central Avenue Corridor Streetscape Master Plan Draft review. Motion by Jones to
receive and file the documents and schedule the work session as recommended. Seconded by
Sprank. No schedule conflicts were expressed. Motion carried 7-0.
5. Five Flags Civic Center Studies Review and Prior Actions Presentation Request for Work
Session: City Manager requested the City Council schedule a work session for January 24,
2022, at 6:30 p.m. on the Five Flags Civic Center Studies Review and Prior Actions
Presentation. Motion by Jones to receive and file the documents and schedule the work session
as recommended. Seconded by Farber. No schedule conflicts were expressed. Motion carried
7-0.
COUNCIL MEMBER REPORTS
Council Member Sprank reported on meeting with residents of the Alpine Mobile Park and
encouraged any of the mobile park residents with concerns to contact him.
CLOSED SESSION
Motion by Jones to convene in closed session at 7:29 p.m. to discuss Pending Litigation and
Purchase or Sale of Real Estate — Chapter 21.5(1)(c),(j) Code of Iowa. Seconded by Roussell.
Mayor Buol stated for the record that the attorney who will consult with City Council on the issues
to be discussed in the closed session is City Attorney Brumwell. Motion carried 7-0.
The City Council reconvened in open session at 11:27 p.m. stating that staff had been given
proper direction.
There being no further business, Mayor Buol declared the meeting adjourned at 11:28 p.m.
/s/Adrienne N. Breitfelder
City Clerk
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