Proof_City Council Proceedings 11.15.21Copyrighted
December 20, 2021
City of Dubuque Consent Items # 1.
City Council Meeting
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: City Council Proceedings of 12/06; Cable TV Commission of 12/8; Civil
Service Commission of 11/4 and 12/7; Housing Commission of 9/28 and
12/14; Zoning Advisory Commission of 12/1; Zoning Board of
Adjustment of 11/18; Proof of publication for City Council Proceedings
of 11/15; Proof of publication for List of Claims and Summary of
Revenues for Month Ending 10/31.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
City Council Proceedings of 12/6/21 Supporting Documentation
Cable TV Commission Minutes of 12/8/21 Supporting Documentation
Civil Service Commission Minutes of 11/4/21
Civil Service Commission Minutes of 12/7/21
Housing Commission Minutes of 9/28/21
Housing Commission Minutes of 12/14/21
Zoning Advisory Commission Minutes of 12/1/21
Zoning Board of Adjustment Minutes of 11/18/21
Proof of Publication for City Council Proceedings of
11/15/21
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Proof of Publication for List of Claims / Summary of Supporting Documentation
Revenues for Month Ended 10/31/21
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:
11/24/2021
and for which the charge is 387.65
el
Subscribed to before me, a Nota blic in and for
Dubuque County, Iowa,
this 24th day of November, 2021
Notary Pubyc �n and for Dubuque County, Iowa.
Iz A IMY COM Exp.uD CP11, 2D22I
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 November 15, 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 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 Dubuques creative and
cultural assets, while emphasizing the safety protocols
undertaken by the sector and communicating out the Citys
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 GrantsOrganization
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.
PUBLIC HEARINGS
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 Wemimont 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
comer 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 Wemimont provided a staff
report. Responding to a question from the City Council, Mr.
Wemimont 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 comer 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 Wemimont 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 residents with
concerns in the mobile park 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),O) Code of Iowa. Seconded by Roussell.
Mayor 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.
Upon motion, 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
It 11/24