9 8 20 City Council Proceedings Official_Special and Regular1
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:00 p.m. on September 8, 2020.
Due to the COVID-19 pandemic and mandates for social distancing, this meeting was
conducted virtually and aired live on CityChannel Dubuque (Mediacom cable channels 8
and 117.2), streamed live on the city’s website at www.cityofdubuque.org/media, and
streamed live on the City’s Facebook page at www.facebook.com/cityofdubuque.
Present: Mayor Buol; Council Members Cavanagh, Jones, Lynch, Resnick, Roussell,
Sprank; City Manager Van Milligen, City Attorney Brumwell
Mayor Buol read the call and stated this is a special session of the City Council called
for the purpose of conducting a work session on COVID-19 Updates.
WORK SESSION
Updates on the Internal and Community-Facing Responses
to the COVID-19 Pandemic
• Community COVID-19 Update & Communication Response: Mary Rose Corrigan,
Public Health Specialist: Highlights included Dubuque County COVID-19 Epi Curve,
deaths, and hospitalizations; 14-day positivity rate average; new cases trendline Aug.
1-Sept. 1; cases by age group as of Sept. 2; Iowa State Report as of Aug. 30; red zone
/ yellow zone localities; weekly totals of county residents tested; data discrepancies.
Ms. Corrigan also address the face covering mandate, #MaskUpDBQ, and what im-
pacts compliance and behavioral choices.
• Update on Housing & Utility Assistance Programs: Alexis Steger, Housing & Commu-
nity Development Director
• Fiscal Year 21 Revenue & Budget Update: Jennifer Larson, Finance & Budget Man-
ager
The presenters responded to questions from the City Council following their presenta-
tions.
Assistant City Manager Cori Burbach advised that due to the work session running
long, information from the following agencies would be provided to the Council at a later
time: Community Foundation of Greater Dubuque Update; United Way of Dubuque Up-
date; and Greater Dubuque Development Corporation.
There being no further business, Mayor Buol declared the work session adjourned at
6:32 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on September 8, 2020.
Due to the COVID-19 pandemic and mandates for social distancing, this meeting was
conducted virtually and aired live on CityChannel Dubuque (Mediacom cable channels 8
and 117.2), streamed live on the city’s website at www.cityofdubuque.org/media, and
streamed live on the City’s Facebook page at www.facebook.com/cityofdubuque. Public
input was available through GoToMeeting, ctyclerk@cityofdubquue.org and www.face-
book.com/cityofdubuque.
Present: Mayor Buol; Council Members Cavanagh, Jones, Lynch, 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
SWEARING IN
1. Swearing-In: Mayor Buol administered the Oath of Office to Mayor Pro Tem Kevin
Lynch.
MAYOR’S STATEMENT ON RACISM
Mayor Buol read his new release reiterating the City Council’s resolution denouncing
racism following a racially charged voice mail message left at the Dubuque Dream Center.
Mayor Buol emphasized the benefits of the many programs the Dream Center and its
contribution to the community.
PROCLAMATION(S)
1. Rail Safety Week (September 21 - 25, 2020) was accepted by Mayor Buol on behalf
of Operation Lifesafer / CN Railroad.
2. Days of Peace and Non-Violence (September 20-27, 2020) was accepted by Art
Roche, 5451 Meadow Court, Asbury; and R.R.S. Stewart, 460 Summit Street, of the
Dubuque International Day of Peace Coordinating Committee.
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CONSENT ITEMS
Motion by Jones to receive and file the documents, adopt the resolutions, and dispose
of as indicated. Seconded by Resnick. Staff stated that no public input was received re-
garding Consent Agenda items. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council Proceedings of 8/10, 8/11, 8/12, 8/17;
Community Development Advisory Commission of 8/19; Human Rights Commission of
7/13; Library Board of Trustees of 6/25, 7/23, and Council Update #201 of 8 /27; Proof of
Publication for City Council Proceedings of 7/27, 7/28, 8/3, 8/6, 8/10, 8/11, 8/12, and 8/17;
Proof of Publication for List of Claims and Summary of Revenues for Month Ending 7/31.
Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Thomas Duccini for property damage, Joseph Michael
Ironside for property damage, Sharon Stratton for property damage. Upon motion the
documents were received, filed, and referred to the City Attorney.
3. Disposition of Claims: City Attorney advising that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As-
surance Pool: Thomas Duccini for property damage, Joseph Michael Ironside for property
damage, Michelle Scott for vehicle damage, Sharon Stratton for property damage, Donald
Weig for vehicle damage. Upon motion the documents were received, filed, and con-
curred.
4. Approval of City Expenditures: City Manager recommending City Council approval
for payment of City expenditures. Upon motion the documents were received and filed,
and Resolution No. 262-20 Authorizing the Director of Finance and Budget/City Treasurer
to make certain payments of bills that must be paid and approved for payment in accord-
ance with City procedures was adopted.
RESOLUTION NO. 262-20
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
Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that
the Finance Director-City Treasurer shall keep an accurate account of all disbursements,
money, or property, specifying date, to whom, and from what fund paid; and
Whereas, the invoices, presented by those firms and persons providing such goods
and services have been pre-audited by Finance Department personnel in accordance
with generally accepted internal control procedures and have been determined to have
been requisitioned for a lawful municipal purpose; and
Whereas, the Finance Director-City Treasurer has provided a list of Expenditures at-
tached hereto, and by this reference made a part hereof, to be drawn to pay for goods
and services provided for City purposes; and
Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142 -
18 adopted May 7, 2018, authorized the Finance Director-City Treasurer to issue checks
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in payment of certain expenditures known as Exception Expenditures prior to City Council
approval and such list is attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Finance Director-City Treasurer is hereby authorized to issue payment
for goods and services provided for City purposes in response to the purchase orders
and contracts issued in compliance with state and municipal code requirements as re-
quested by designated requisitioning authorities in accordance with approved budget ap-
propriations.
Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance
Director are hereby authorized and directed to provide the statement of receipts and dis-
bursements to the City Council, and to publish a summary thereof.
Passed, approved, and adopted this 8th day of September 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. State of Iowa CARES Relief Fund Reimbursement Resolution : City Manager rec-
ommending approval of a resolution requesting reimbursement from the State of Iowa
Cares Relief Fund. Upon motion the documents were received and filed, and Resolution
No. 263-20 Resolution by the City of Dubuque, Iowa to request reimbursement for eligible
costs related to the COVID-19 Public Health Emergency from the Iowa COVID-19 Gov-
ernment Relief Fund was adopted.
RESOLUTION NO. 263-20
BY THE CITY OF DUBUQUE, IOWA TO REQUEST REIMBURSEMENT FOR ELIGIBLE
COSTS RELATED TO THE COVID-19 PUBLIC HEALTH EMERGENCY FROM THE
IOWA COVID-19 GOVERNMENT RELIEF FUND
Whereas, the United States Congress approved the Coronavirus Aid, Relief, and Eco-
nomic Security (CARES) Act to provide economic relief related to the COVID -19 pan-
demic; and
Whereas, Governor Kim Reynolds allocated $100 million of the State of Iowa's CARES
Act funding to local governments for direct expenses incurred in response to the COVID-
19 emergency; and
Whereas, local government funding reimbursements may only be used for necessary
expenditures incurred due to the COVID-19 pandemic, were not accounted for in the cur-
rent fiscal year city budget, were incurred during the time period of March 1, 2020 through
December 30, 2020 and have not been reimbursed from other sources.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
$1,375,656.30 in eligible expenditures in response to the COVID-19 public health
emergency is hereby submitted and requested for reimbursement.
Passed, approved, and adopted this 8th day of September 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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6. Metx, Inc. 3rd Amendment to Development Agreement for 1690 Elm Street: City
Manager recommending approval of a Third Amendment to the Development Agreement
between the City of Dubuque and Metx, LLC for the redevelopment of property at 1690
Elm Street that extends the completion date of the minimum improvements to December
31, 2020. Upon motion the documents were received and filed, and Resolution No. 264-
20 Approving the Third amendment to Development Agreement between the City of
Dubuque, Iowa and Metx, LLC was adopted.
RESOLUTION NO. 264-20
APPROVING THE THIRD AMENDMENT TO DEVELOPMENT AGREEMENT BE-
TWEEN THE CITY OF DUBUQUE, IOWA AND METX, LLC
Whereas, the City of Dubuque, Iowa (City) and Metx, LLC (Developer) entered into a
Development Agreement dated for reference purposes the 12th day of October, 2017, as
amended by First Amendment to Development Agreement dated the 21st day of October,
2019 and by Second Amendment to Development Agreement dated the 16th of March,
2020 and
Whereas, City and Developer desire to amend the Development Agreement as set
forth in the attached Third Amendment to Development Agreement; and
Whereas, the City Council believes it is in the best interests of the City of Dubuque to
approve the Second Amendment to Development Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE,
IOWA AS FOLLOWS:
Section 1. The City of Dubuque hereby approves the Third Amendment to Develop-
ment Agreement between the City of Dubuque and the Metx, LLC.
Section 2 The Mayor is authorized and directed to sign the Thir d Amendment to De-
velopment Agreement on behalf of the City of Dubuque.
Passed, approved, and adopted this 8th day of September 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
7. AmeriCorps Partners in Learning Grant Agreement for 2020 -2021: City Manager
recommending approval of the 2020-2021 AmeriCorps Formula Grant Agreement for the
City’s Creating Opportunities Teen Grant from the Iowa Commission on Volunteer Ser-
vice. Upon motion the documents were received, filed, and approved.
8. Success Through Entrepreneurship & Unified Partnerships (STEP UP) Contract with
Fountain of Youth: City Manager recommending approval of an agreement to formalize
the relationship between Fountain of Youth and the City of Dubuque and to set forth some
of the procedures of the STEP Up Program that provides a stipend for training and startup
costs for the creation of a business. Upon motion the documents were received, filed, and
approved.
9. Non-Profit Support Grant Agreements: City Manager recommending approval of five
Fiscal Year 2021 Non-Profit Support Grant funding recommendations proposed by the
Community Development Advisory Commission. They include: Catholic Charities, Con-
vivium Urban Farmstead, Four Mounds, Opening Doors, and Steeple Square. Upon
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motion the documents were received and filed, and Resolution No. 265-20 Authorizing
execution of Community Development Block Grant (CDBG CARES Act) Funded Non -
Profit Support Agreements was adopted.
RESOLUTION NO. 265-20
AUTHORIZING EXECUTION OF COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG CARES ACT) FUNDED NON-PROFIT SUPPORT AGREEMENTS
Whereas, the following non-profit organizations prepared and submitted requests for a
Non-Profit Support Grant to offset operational challenges presented by COVID:
• Catholic Charities
• Convivium Urban Farmstead
• Four Mounds
• Opening Doors
• Steeple Square; and
Whereas, the City Council approved the Community Development Block Grant FY
2020 Annual Action Plan Amendment 2 budget that included the CARES Act allocation;
and
Whereas, the submissions have been approved by the Community Development Ad-
visory Commission on August 19th, 2020 in the amount of $10,739 each; and
Whereas, all services provided will be to a minimum of 51% low/moderate income res-
idents.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Funding Approval/Agreements, authorized by the Community Develop-
ment Advisory Commission beginning July 1, 2020 for a Non-Profit Support Grant to the
aforementioned organizations be approved.
Section 2. The Mayor of the City of Dubuque is hereby authorized and directed to
execute said Agreement and related documents on behalf of the City of Dubuque, Iowa.
Passed, approved, and adopted this 8th day of September 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10. Contracted Services Agreement with the Dubuque Dream Center: City Manager
recommending approval of the Contracted Services Agreement with Dubuque Dream
Center for the City’s financial support for Fiscal Year 2021. Upon motion the documents
were received, filed, and approved.
11. Contracted Services Agreement with the Dubuque Area-Labor Management Coun-
cil: City Manager recommending approval of the Contracted Services Agreement with the
Dubuque Area Labor-Management Council for the City’s financial support for Fiscal Year
2021. Upon motion the documents were received, filed, and approved.
12. Contracted Services Agreement with Dubuque Main Street: City Manager recom-
mending approval of the Contracted Services Agreement with Dubuque Main Street for
the City’s financial support for Fiscal Year 2021. Upon motion the documents were re-
ceived, filed, and approved.
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13. Contracted Services Agreement with the Fountain of Youth : City Manager recom-
mending approval of the Contracted Services Agreement with the Fountain of Youth Pro-
gram for the City’s financial support for Fiscal Year 2021. Upon motion the documents
were received, filed, and approved.
14. Contracted Services Agreement with the Greater Dubuque Development Corpora-
tion: City Manager recommending approval of the Contracted Services Agreement with
the Greater Dubuque Development Corporation for the City’s financial support for Fiscal
Year 2021. Upon motion the documents were received, filed, and approved.
15. Contracted Services Agreement with Inclusive Dubuque: City Attorney recom-
mending approval of the Contracted Services Agreement with the Community Foundation
of Greater Dubuque: Inclusive Dubuque for the City’s financial support for Fiscal Year
2021. Upon motion the documents were received, filed, and approved.
16. Contracted Services Agreement with Project HOPE : City Attorney recommending
approval of the Contracted Services Agreement with the Community Foundation of
Greater Dubuque: Project HOPE for the City’s financial support for Fiscal Year 2021.
Upon motion the documents were received, filed, and approved.
17. Purchase of Three Paratransit Buses: City Manager recommending approval to
purchase three paratransit minibuses from Hoglund Bus Co. Upon motion the documents
were received, filed, and approved.
18. Green Iowa AmeriCorps Program Co-Host Agreement for 2020-2021: City Man-
ager recommending approval of a Co-Host Agreement with Green Dubuque for the 2020-
2021 Green Iowa AmeriCorps Program for hosting an Energy and Community Team.
Upon motion the documents were received, filed, and approved.
19. Certified Local Government (CLG) Grant Report for Four Mounds Protection Plan:
City Manager recommending approval of the Certified Local Gover nment (CLG) grant
report required by the Iowa State Historic Preservation Office for the Protection Plan for
Four Mounds and authorize the mayor to sign the Request for Reimbursement documents
on behalf of the City of Dubuque. Upon motion the documents were received, filed, and
approved.
20. Kwik Trip Kares Grant Program: City Manager recommending approval to apply for
the Kwik Trip Kares Grant to provide funds for smoke detectors for needy Dubuque resi-
dences. Upon motion the documents were received, filed, and approved.
21. Proposed Downtown Rehabilitation Grant Award for 1575-1577 Washington Street:
City Manager recommending approval of a Downtown Rehabilitation Grant award to Ga-
briel Mozena for the Housing Incentive Grant. Upon motion the documents were received
and filed, and Resolution No. 266-20 Approving a Grant Agreement between the City of
Dubuque, Iowa, and Gabriel Mozena for the redevelopment of 1575 -1577 Washington
Street was adopted.
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RESOLUTION NO. 266-20
APPROVING A GRANT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA,
AND GABRIEL MOZENA FOR THE REDEVELOPMENT OF 1575-1577 WASHINGTON
STREET
Whereas, Gabriel Mozena has applied to the Economic Development Department for
a Housing Incentive Grant (the Grant) for the creation of two new market-rate housing
units at 1575-1577 Washington Street in the City of Dubuque, Iowa (the Project); and
Whereas, the Project is eligible for the Grant; and
Whereas, it is the determination of the City Council that approval of the G rant Agree-
ment for redevelopment of the Property by Gabriel Mozena, according to the terms and
conditions set out in the Grant Agreement, is in the public interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Grant Agreement by and between the City of Dubuque and Gabriel
Mozena, a copy of which is attached hereto, is hereby approved.
Section 2. The Mayor is hereby authorized and directed to execute the Grant Agree-
ment on behalf of the City of Dubuque and the City Clerk is authorized and directed to
attest to his signature.
Section 3. The City Manager is authorized to take such actions as are necessary to
comply with the terms of the Grant Agreement as herein approved.
Passed, approved, and adopted this 8th day of September 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
22. Proposed Downtown Rehabilitation Grant Award for 2887 Central Avenue : City
Manager recommending approval of a Downtown Rehabilitation Grant award to Jenna
Manders to create nine, new market-rate housing units at 2887 Central Avenue. Upon
motion the documents were received and filed, and Resolution No. 267-20 Approving a
Grant Agreement between the City of Dubuque, Iowa and Jenna Manders for the rede-
velopment of 2887 Central Avenue was adopted.
RESOLUTION NO. 267-20
APPROVING A GRANT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA,
AND JENNA MANDERS FOR THE REDEVELOPMENT OF 2887 CENTRAL AVENUE
Whereas, Jenna Manders has applied to the Economic Development Department for
a Planning & Design Grant and a Housing Incentive Grant (the Grant) for the creation of
nine (9) new market-rate housing units at 2887 Central Avenue in the City of Dubuque,
Iowa (the Project); and
Whereas, the Project is eligible for the Grant; and
Whereas, it is the determination of the City Council that approval of the Grant Agree-
ment for redevelopment of the Property by Jenna Manders, according to the terms and
conditions set out in the Grant Agreement, is in the public interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Grant Agreement by and between the City of Dubuque and Jenna M an-
ders, a copy of which is attached hereto, is hereby approved.
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Section 2. The Mayor is hereby authorized and directed to execute the Grant Agree-
ment on behalf of the City of Dubuque and the City Clerk is authorized and directed to
attest to his signature.
Section 3. The City Manager is authorized to take such actions as are necessary to
comply with the terms of the Grant Agreement as herein approved.
Passed, approved, and adopted this 8th day of September 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
23. Downtown Rehabilitation Grant Award for 441-443 Locust Street: City Manager
recommending approval of a Downtown Rehabilitation Grant Award to The Fischer Com-
panies c/o Tony Pfohl, to create two new market-rate housing units at 441-443 Locust.
Upon motion the documents were received and filed, and Resolution No. 268-20 Approv-
ing a Grant Agreement between the City of Dubuque, Iowa and the Fischer Companies
for the Redevelopment of 441-443 Locust Street was adopted.
RESOLUTION NO. 268-20
APPROVING A GRANT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA,
AND THE FISCHER COMPANIES FOR THE REDEVELOPMENT OF 441-443 Locust
STREET
Whereas, The Fischer Companies has applied to the Economic Development Depart-
ment for a Housing Incentive Grant (the Grant) for the creation of new housing units at
441-443 Locust in the City of Dubuque, Iowa (the Project); and
Whereas, the Project is eligible for the Grant; and
Whereas, it is the determination of the City Council that approval of th e Grant Agree-
ment for redevelopment of the Property by The Fischer Companies, according to the
terms and conditions set out in the Grant Agreement, is in the public interest of the City
of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Grant Agreement by and between the City of Dubuque and The Fischer
Companies, a copy of which is attached hereto, is hereby approved.
Section 2. The Mayor is hereby authorized and directed to execute the Grant Agr ee-
ment on behalf of the City of Dubuque and the City Clerk is authorized and directed to
attest to his signature.
Section 3. The City Manager is authorized to take such actions as are necessary to
comply with the terms of the Grant Agreement as herein approved.
Passed, approved, and adopted this 8th day of September 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
24. Pre-Annexation Agreement with Mark J. McClain: City Manager recommending
approval of a Pre-Annexation Agreement with Mark J. McClain in conjunction with a re-
quest for approval of the Plat of Survey for 59.43 acres located at 15866 McClain Lane in
Dubuque County, Iowa and in conjunction with approving the Plat of Survey. Upon motion
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the documents were received and filed, and Resolution No. 269-20 Approving a Pre-An-
nexation Agreement between the City of Dubuque, Iowa and Mark J. McClain was
adopted.
RESOLUTION NO. 269-20
APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA, AND MARK J. MCCLAIN
Whereas, Mark J. McClain, the owner of the following described property in Dubuque
County, Iowa (the Property) have submitted to the City Council of the city of Dubuque an
application for voluntary annexation of the Property to the City of Dubuque:
LOT 3 OF THE NW FRACTIONAL ¼ OF THE NW FRACTIONAL ¼ OF SECTION
1, T88N R1E OF THE 5TH P.M., DUBUQUE COUNTY, IOWA
Whereas, Mark J. McClain has entered into a Pre-annexation Agreement with the City
of Dubuque, a copy of which is attached hereto governing the future annexation of the
Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in
Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan of
the City of Dubuque, necessary for the future orderly growth and development of the City
of Dubuque, and will promote efficient and cost-effective extension of municipal services;
and
Whereas, the City Council finds that the annexation of the Property is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Pre-annexation Agreement by and between Mark J. McClain and the
City of Dubuque is hereby approved.
Passed, approved, and adopted this 8th day of September 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
25. Pre-Annexation Agreement with Edward J. Leonard: City Manager recommending
approval of a Pre-Annexation Agreement with Edward J. Leonard, for property located at
10611 Key West Drive in conjunction with his request to connect to City water. Upon
motion the documents were received and filed, and Resolution No. 270-20 Approving a
Pre-Annexation Agreement between the City of Dubuque, Iowa and Edward J. Leonard
was adopted.
RESOLUTION NO. 270-20
APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA, AND EDWARD J. LEONARD
Whereas, Edward J. Leonard, the owner of the following described property located at
10611 Key West Drive in Key West, Dubuque County, Iowa (the Property) have submitted
to the City Council of the city of Dubuque an application for voluntary annexation of the
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Property to the City of Dubuque:
LOT 10, LOT 11 (EXCEPT THE NORTHEASTERLY 40 FEET OF THE SOUTH-
EASTERLY 100 FEET), AND LOT 12 (EXCEPT OF THE SOUTHEASTERLY 100
FEET), IN KEY WEST, DUBUQUE COUNTY, IOWA, ACCORDING TO THE REC-
ORDED PLAT THEREOF, SUBJECT TO EASEMENTS OF RECORD; and
Whereas, Edward J. Leonard has entered into a Pre -annexation Agreement with the
City of Dubuque, a copy of which is attached hereto governing the future annexation of
the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in
Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan of
the City of Dubuque, necessary for the future orderly growth and development of the City
of Dubuque, and will promote efficient and cost-effective extension of municipal services;
and
Whereas, the City Council finds that the annexation of the Property is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Pre-annexation Agreement by and between Edward J. Leonard and the
City of Dubuque is hereby approved.
Passed, approved, and adopted this 8th day of September 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
26. Dubuque Regional Humane Society Contract Extension : City Manager recom-
mending approval to extend the current Dubuque Regional Humane Society contract
through November 30, 2020, to allow time for the necessary revisions and negotiations.
Upon motion the documents were received, filed, and approved.
27. Awarding the 2020 Asphalt Overlay Ramp Project 3B : City Manager recommend-
ing that the award for the 2020 Asphalt Overlay Access Ramp Project 3B be of ficially
recorded in the minutes of the City Council. Upon motion the documents were received,
filed, and made a Matter of Record.
28. Acceptance of the Hillcrest-Rosemont Detention Basin Project: City Manager rec-
ommending acceptance of the public improve ment contract for the Hilcrest-Rosemont
Detention Basin Project, as completed by Eastern Iowa Excavating & Concrete, LLC.
Upon motion the documents were received and filed, and Resolution No. 271-20 Accept-
ing the Hillcrest / Rosemont Detention Basin Project and authorizing the payment to the
contractor was adopted.
RESOLUTION NO. 271-20
ACCEPTING THE HILLCREST / ROSEMONT DETENTION BASIN PROJECT AND AU-
THORIZING THE PAYMENT TO THE CONTRACTOR
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Whereas, the public improvement contract for the Hillcrest / Rosemont Detention Basin
Project, (the Project) has been completed by the Contractor, Eastern Iowa Excavating &
Concrete, LLC (Contractor), the City Engineer has examined the work and recommends
that the Project be accepted; and
Whereas, the final contract amount for the Project is $127,716.57; and
Whereas, the Contractor has previously been paid $121,330.74, leaving a balance of
$6,385.83; and
Whereas, the City Council finds that the recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The recommendation of the City Engineer is approved, and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor the balance
of the retainage of $6,385.83 as provided in Iowa Code chapter 573, and to pay such
retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code
chapter 26.13.
Passed, approved, and adopted this 8th day of September 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF HILLCREST / ROSE-
MONT DETENTION BASIN PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the Hillcrest / Rosemont Detention Basin Project has been performed in
compliance with the terms of the Public Improvement Contract, and that the total cost of
the completed work is $146,874.06.
Dated this 28th day of August 2020.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on 31st day of August 2020.
/s/Kevin S. Firnstahl, City Clerk
29. Acceptance of the Jackson Street Reconstruction Project from 11th to 12th Streets:
City Manager recommending acceptance of the construction contract and establishment
of the Final Schedule of Assessments for the Jackson Street (11th to 12th) Reconstruction
Project, as completed by Drew Cook & Sons Excavating. Upon motion the documents
were received and filed, and Resolution No. 272-20 Accepting the Jackson Street (11th to
12th Streets) Reconstruction Project and authorizing the payment of the contract amount
to the contractor; and Resolution No. 273-20 Adopting the Final Assessment Schedule
for the Jackson Street (11th to 12th) Reconstruction Project were adopted.
RESOLUTION NO. 272-20
ACCEPTING THE JACKSON STREET (11th to 12th) RECONSTRUCTION PROJECT
AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CON-
TRACTOR
Whereas, the Public Improvement Contract for the Jackson Street (11 th to 12th)
13
Reconstruction Project (the Project) has been completed by the contractor, Drew Cook &
Sons Excavating (Contractor), and the City Engineer has examined the work and recom-
mends that the Project be accepted; and
Whereas, the final contract amount for the Project is $260,848.98; and
Whereas, the Contractor has previously been paid $247,289.73, leaving a balance of
$13,559.25; and
Whereas, the City Council finds that the recommendation of the City Engineer should
be accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The recommendation of the City Engineer is approved, and the Project is
hereby accepted.
Section 2. The Director of Finance and Budget is hereby directed to pay the balance
of the retainage of $13,559.25 as provided in Iowa Code chapter 573, and to pay such
retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa chapter
26.13.
Passed, approved, and adopted this 8th day of September 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE JACKSON
STREET (11th to 12th)
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the Jackson Street (11th to 12th) Reconstruction Project has been per-
formed in compliance with the terms of the Public Improvement Contract, and that the
total cost of the completed work is $279,916.12.
Dated this 28th day of August 2020.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 31st day of August 2020.
/s/Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 273-20
ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE JACKSON STREET
(11TH TO 12TH) RECONSTRUCTION PROJECT
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
After full consideration, the Final Schedule of Assessments as shown on the attached
sheet(s), Page 1 to Page 1 inclusive is hereby approved for the Jackson Street (11 th to
12th) Reconstruction Project.
There is hereby assessed and levied as a special tax against and upon each of the
benefited properties, the respective sums indicated. The amounts shown in said Final
Schedule of Assessments as deficiencies are found to be proper and levied conditionally
against the respective properties benefited by the improvements as shown in the Final
Schedule of Assessments, subject to the provisions of Iowa Code § 384.63. Said assess-
ments against said lots are hereby declared to be in proportion to the special benefits
conferred and not in excess of twenty-five percent of the value of same.
14
The City Clerk be and is hereby directed to certify the Final Schedule of Assessments
to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certifica-
tion once each week for two consecutive weeks in the manner provided in Iowa Code §
362.3, the first publication of which shall be not more than fifteen days from the date of
filing of the Final Schedule of Assessments. On or before the date of the second publica-
tion of the notice, the City Clerk shall also mail a copy of said notice to property owners
whose property is subject to assessment, as provided in Iowa Code § 384.60.
The assessments may be paid in full or in part without interest at the office of the City
Treasurer, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after
the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid as-
sessments of $500.00 or more are payable in 15 annual installments at the County Treas-
urer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will
draw annual interest at three percent (3%) computed to December 1 next following the
due dates of the respective installments as provided in Section 384.65 of the Code of
Iowa. Each installment will be delinquent from October 1 following its due date on July 1
of each year. However, when the last day of September is a Saturday or Sunday, that
amount shall be delinquent from the second business day of October. Delinquent install-
ments will draw the same delinquent interest as ordinary taxes. Property owners may
elect to pay any annual installments semi-annually in advance.
Passed, approved, and adopted this 8th day of September 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
FINAL SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS
JACKSON STREET, 11TH TO 12TH STREET
DATE: 8-24-2020
The following schedule is hereby determined to show each lot proposed to be as-
sessed for the improvement shown in the title together with the amount proposed to be
assessed against each lot and the valuations shown opposite each lot are hereby fixed
as the true valuations of such lots by the City Council of the City of Dubuque.
PARCEL NUMBER, PROPERTY OWNER NAME, LOT DESCRIPTION, STREET AD-
DRESS, NET ASSESSED VALUATION, VALUATION, WITH IMPROVEMENT, NET
PAVING IMPROVEMENT COST, NET PAVING IMPROVEMENT DEFICIENCY, TOTAL
PUBLIC IMPROVEMENT COST
1024440007, Millwork Hotel Associates LLC, CITY LOTS 499, 498, & 498A, 1151
WASHINGTON ST, $6,626,810, $6,645,447.86, $18,637.86, $0.00, $18,637.86
1024439015, NRGY LLC, S 1/3, M 1/3, LOTS 1 & 2 OF N 1/3 ALL OF CITY LOT 497
& CITY LOT 497A, 1101 JACKSON ST., $443,470, $461,391.02, $17,921.02, $0.00,
$17,921.02
TOTALS = $36,558.89
15
30. Acceptance of the Westside Water System Fire Hydrant Installation Project: City
Manager recommending acceptance of the Westside Water System Improvements Pro-
ject, including the installation of fire hydrants in the former Vernon Water System and
additional hydrants in Barrington Lakes as completed by Kueter Equipment Company.
Upon motion the documents were received and filed, and Resolution No. 274-20 Accept-
ing the Westside Water System Fire Hydrant Installation Project and authorizing final pay-
ment to the contractor was adopted.
RESOLUTION NO. 274-20
ACCEPTING THE WESTSIDE WATER SYSTEM FIRE HYDRANT INSTALLATION
PROJECT AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the Westside Water System Fire Hy-
drant Installation Project (the Project) has been completed by the Contractor, Kueter
Equipment Company, the Water Department Manager has examined the work and rec-
ommends that the Project be accepted; and
Whereas, the final contract amount is $170,182.73; and
Whereas, the City Council finds that the recommendation of the Water Department
Manager should be accepted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The recommendation of the Water Department Manager is approved, and
the Project is hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor the balance
of the final payment $8,509.14 as provided in Iowa Code Chapter 573.
Passed, approved, and adopted this 8th day of September 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
WATER DEPARTMENT MANAGER’S CERTIFICATE OF FINAL COMPLETION OF,
THE WESTSIDE WATER SYSTEM FIRE HYDRANT INSTALLATION PROJECT
The undersigned Water Department Manager of the City of Dubuque, Iowa, hereby
certifies that she or her designee has inspected:
The Westside Water System Fire Hydrant Installation Project, and that said Project has
been performed in compliance with the terms of the Public Improvement Contract, and
that the total cost of the completed work including all change orders and adjustments is
$170,182.73.
Dated this 2nd day of September 2020.
/s/Denise Blakeley Ihrig, P.E., Water Department Manager
Filed in the office of the City Clerk on the 2nd day of September 2020.
/s/Kevin S. Firnstahl, City Clerk
31. Dubuque Metropolitan Area Solid Waste Agency (DMASWA) Grant of Easement
for Water Main Utility: City Manager recommending acceptance of a Grant of Easement
for Water Main Utility over Dubuque Metropolitan Area Solid Waste Agency (DMASWA)
Property in Dubuque, Iowa, as part of the DMASWA Water Main Extension Project -
Phase 1. Upon motion the documents were received and filed, and Resolution No. 275-
16
20 Accepting a Grant of Easement for Water Main Utility through, over and across part of
the balance of Lot 1 of Lot 2 of Lot 1, except Lot A of Lot 1 of Lot 2 of Lot 1, of the
Subdivision of the North Factional Half of the Northeast Quarter of Section 6, Township
88 North, Range 2 East of the Fifth P.M., in the City of Dubuque, Dubuque County, Iowa
was adopted.
RESOLUTION NO. 275-20
ACCEPTING A GRANT OF EASEMENT FOR WATER MAIN UTILITY THROUGH,
OVER AND ACROSS PART OF THE BALANCE OF LOT 1 OF LOT 2 OF LOT 1, EX-
CEPT LOT A OF LOT 1 OF LOT 2 OF LOT 1, OF THE SUBDIVISION OF THE NORTH
FRACTIONAL HALF OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP
88 NORTH, RANGE 2 EAST OF THE FIFTH P.M., IN THE CITY OF DUBUQUE, DUBU-
QUE COUNTY, IOWA
Whereas, Dubuque Metropolitan Area Solid Waste Agency, has executed a Grant of
Easement for Water Main Utility through, over and across part of the Balance of
Lot 1 of Lot 2 of Lot 1, Except Lot A of Lot 1 of Lot 2 of Lot 1, of the Subdivision of
the North Fractional Half of the Northeast Quarter of Section 6, Township 88 North,
Range 2 East of the Fifth P.M., in the City of Dubuque, Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts
and consents to the Grant of Easement for Water Main Utility through, over and across
part of the Balance of Lot 1 of Lot 2 of Lot 1, Except Lot A of Lot 1 of Lot 2 of Lot 1, of the
Subdivision of the North Fractional Half of the Northeast Quarter of Section 6, Township
88 North, Range 2 East of the Fifth P.M., in the City of Dubuque, Dubuque County, Iowa
as shown on the Grant of Easement for Water Main Utility, from Dubuque Metropolitan
Area Solid Waste Agency, a copy of which is attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute an d acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Section 3. The City Clerk is hereby authorized to and directed to record this resolution
and Grant of Easement for Water Main Utility with the Dubuque County Recorder.
Passed, approved, and adopted this 8th day of September 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
32. Adoption of Code of Ordinances Supplement No. 2020 S-1: City Clerk recommend-
ing adoption of Supplement No. 2020 S-1 to the City of Dubuque of Ordinances that cod-
ifies Ordinances Nos. 1-20 through 31-20. Upon motion the documents were received
and filed, and Resolution No. 276-20 Adopting Supplement No. 2020 S-1 to the Code of
Ordinances of the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 276-20
ADOPTING SUPPLEMENT NO. 2020 S-1 TO THE CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA
Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No.
43-09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and
17
Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has
adopted certain ordinances amending the Code of Ordinances and said amendments
have been printed as supplements to the Code of Ordinances; and
Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolution,
become part of the Code of Ordinances; and
Whereas, Code Supplements are prepared by the American Legal Publishing of Cin-
cinnati, Ohio and filed in the Office of the City Clerk of t he City of Dubuque, Iowa.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Supplement No. 2020 S-1 to the City of Dubuque Code of Ordinances,
which codifies Ordinance Nos. 1-20 through 31-20 as approved by City Council through
August 6, 2020 is hereby adopted and becomes part of the Code of Ordinances of the
City of Dubuque, Iowa.
Passed, approved, and adopted this 8th day of September 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
33. City Assessor's Office - Notification of Property Tax Appeals: Correspondence from
City Assessor Troy Patzner advising the City of an additional property tax appeal before
the Iowa Property Assessment Board for property at 6485 N. Wellington Lane. Upon mo-
tion the documents were received and filed.
34. Improvement Contracts / Performance, Payment and Maintenance Bonds: Portzen
Construction, Inc. for the Kaufmann Avenue Storm Sewer Improvement Project from
Francis Street to N. Main Street and Alternate 1 for 17th Street Storm Sewer - Intakes at
Heeb Street. Upon motion the documents were received, filed and approved.
35. Alcohol and Tobacco License Applications: City Manager recommending approval
of annual liquor, beer, wine and tobacco license applications as su bmitted. Upon motion
the documents were received and filed, and Resolution No. 277-20 Approving applica-
tions for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordi-
nances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B
Liquor, Beer and Wine Licenses and Permits ; and Resolution No. 278-20 Approving ap-
plications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa
Code Chapter 453A.47A were adopted.
RESOLUTION NO. 277-20
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 LIQ-
UOR, BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and
filed with the City Council for approval and the same have been examined and approved;
and
Whereas, the premises to be occupied by such applicants were inspected and found
to comply with the Ordinances of the City and the applicants have filed the proper fees
18
and bonds and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the
noted permit types to the following applicants pending submission of the locally required
documentation:
Renewals
Grand River Center 500 Bell St. Class C Liquor (Catering)
(Outdoor) (Sunday)
Grand Tap The 802 Central Ave. Class C liquor (Sunday)
National Mississippi River
Museum & Aquarium
350 & 400 E 3rd St. Class C Liquor, Class B Native
Wine (Catering) (Outdoor)
(Sunday)
Red Robin America's Gour-
met Burgers & Spirits
2775 NW Arterial Class C Liquor (Outdoor)
(Sunday)
Ron's Discount Smokes &
Bev. Cntr. # 1
3300 Asbury Rd. Class C Beer, Class B Native
Wine (Sunday)
Holy Spirit Church, Dubuque 2981 Central Ave. Class C Beer, Class B Native
Wine (Sunday)
Pete's Thai Kitchen, LLC 609 E. 22nd St. Class C Liquor (Sunday)
Mystique Community Ice
Center
1800 Admiral Sheehey Dr. Class C Liquor, Class B Native
Wine (Sunday)
Los Aztecas Mexican Restau-
rant
2700 Dodge St. Class C Liquor (Sunday)
North Side Liquor & Tobacco 2013 Central Ave. Class E Liquor, Class B Wine,
Class C Beer (Sunday)
Passed, approved, and adopted this 8th day of September 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 278-20
APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICO-
TINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A
Whereas, applications for Cigarette/Tobacco Sales have been submitted and filed with
the City Council for approval and the same have been examined and approved; and
Whereas, the premises to be occupied by such applicants were inspected and found
to comply with the Ordinances of the City and the applicants have filed the proper fees
and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Business Name Business Address
Sid’s Beverage Store, Inc. 2727 Dodge St.
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the
following named applicants and locations for cigarette/tobacco sales permit.
Passed, approved, and adopted this 8th day of September 2020.
Roy D Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
19
ITEMS SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolutions, set the public
hearings as indicated, and direct the City Clerk to publish notice as prescribed by law.
Seconded by Roussell. Motion carried 7-0.
1. Grant of Easement to BVM-PHS Senior Housing, Inc.: City Manager recommending
that the City Council set a public hearing for September 21, 2020, to grant a private san-
itary sewer easement across City-owned property along Julien Dubuque Drive to BVM-
PHS Senior Housing, Inc. as part of the Mt. Carmel Campus improvements project. Upon
motion the documents were received and filed and Resolution No. 279-20 Resolution of
Intent to dispose of City interest by Grant of Easement for sanitary sewer utility to BVM -
PHS Senior Housing, Inc. across part of lot 1-2-1 of the NW Fractional Quarter of the NE
Quarter and part of Lot 2-1 of the NE Fractional Quarter of the NW Quarter, Section 6,
T88N, R3E, lying north of Julien Dubuque Drive, Dubuque County, Iowa was adopted
setting a public hearing for a meeting to commence at 6:30 p.m. on September 21, 2020.
RESOLUTION NO. 279-20
INTENT TO DISPOSE OF CITY INTEREST BY GRANT OF EASEMENT FOR SANI-
TARY SEWER UTILITY TO BVM-PHS SENIOR HOUSING, INC. ACROSS PART OF
LOT 1-2-1 OF THE NW FRACTIONAL QUARTER OF THE NE QUARTER AND PART
OF LOT 2-1 OF THE NE FRACTIONAL QUARTER OF THE NW QUARTER, SECTION
6, T88N, R3E, LYING NORTH OF JULIEN DUBUQUE DRIVE, DUBUQUE COUNTY,
IOWA
Whereas, BVM-PHS Senior Housing, Inc. has requested a “Grant of Easement” for
sanitary sewer utility across Part of Lot 1-2-1 of the NW Fractional Quarter of the NE
Quarter and Part of Lot 2-1 of the NE Fractional Quarter of the NW Quarter, Section 6,
T88N, R3E, lying North of Julien Dubuque Drive, Dubuque County, Iowa, for a private
sanitary sewer main; and
Whereas, by Resolution Number 274-19, the City has approved a Memorandum of
Agreement with BVM-PHS Senior Housing, Inc., which requires the granting of said utility
easement by the City to BVM-PHS Senior Housing, Inc.; and
Whereas, IIW, PC has prepared and submitted to the City Council an exhibit showing
the easement area for the proposed private sanitary sewer main across Part of Lot 1 -2-1
of the NW Fractional Quarter of the NE Quarter and Part of Lot 2 -1 of the NE Fractional
Quarter of the NW Quarter, Section 6, T88N, R3E, lying North of Julien Dubuque Drive,
Dubuque County, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to grant an easement for sanitary sewer
utility to BVM-PHS Senior Housing, Inc. across Part of Lot 1 -2-1 of the NW Fractional
Quarter of the NE Quarter and Part of Lot 2-1 of the NE Fractional Quarter of the NW
Quarter, Section 6, T88N, R3E, lying North of Julien Dubuque Drive, Dubuque County,
Iowa, as shown on the attached Exhibit A.
Section 2. That a public hearing on the intent to dispose of City interest by Grant of
Easement for Sanitary Sewer Utility to BVM-PHS Senior Housing, Inc. across Part of Lot
20
1-2-1 of the NW Fractional Quarter of the NE Quarter and Part of Lot 2-1 of the NE Frac-
tional Quarter of the NW Quarter, Section 6, T88N, R3E, lying North of Julien Dubuque
Drive, Dubuque County, Iowa, is hereby set for the 21st day of September 2020, by virtual
means, beginning at 6:30 p.m., and the City Clerk be and is hereby authorized and di-
rected to cause a notice of public hearing on the intent to dispose of said interest to be
published in the manner as prescribed by law.
Passed, approved, and adopted this 8th day of September 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Fiscal Year 2021 First Budget Amendment: City Manager recommending that the
first Fiscal Year 2021 Budget Amendment be set for public hearing for September 21,
2020. Upon motion the documents were received and filed and Resolution No. 280-20
Setting the date for the public hearing on Amendment No 1 to the Fiscal Year 2021 Budget
for the City of Dubuque was adopted setting a public hearing for a meeting to commence
at 6:30 p.m. on September 21, 2020.
RESOLUTION NO. 280-20
SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 1 TO THE
FISCAL YEAR 2021 BUDGET FOR THE CITY OF DUBUQUE
Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and
place for a public hearing on amendments to the budget and publish notice before the
hearing as provided in Iowa Code Section 362.3.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council shall conduct a public hearing on proposed Amend-
ment No. 1 to the Fiscal Year 2021 budget for the City of Dubuque virtually by computer,
tablet, or smartphone at https://global.gotomeeting.com/join/247515469 , on Monday,
September 21, 2020, beginning at 6:30 p.m.
Section 2. That the City Clerk be and is hereby authorized and directed to publish
notice of the public hearing, according to law, together with the required budget infor-
mation.
Passed, approved, and adopted this 8th day of September 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Cancer Survivor Park Lease with Finely Hospital: City Manager recommending that
a public hearing be set for September 21, 2020 on the intent to dispose of City -owned
real property by Lease Agreement with The Finley Hospital for Cancer Survivor Park at
W. 3rd Street and College Street. Upon motion the documents were received and filed
and Resolution No. 281-20 Resolution of Intent to dispose of an interest in real property
by lease to the Finley Hospital was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on September 21, 2020.
21
RESOLUTION NO. 281-20
INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY LEASE TO THE
FINLEY HOSPITAL
Whereas, the City of Dubuque, Iowa (City) is the owner of Lots 21 and 22 of the Finley
Home Addition in the City of Dubuque, Iowa (the Property); and
Whereas, the Finley Hospital (Finley) desires to lease the Property to operate a park
dedicated to survivors of cancer upon the terms set forth in a Lease now on file in the
Office of the City Clerk at City Hall, Dubuque, Iowa, which Lease provides for, in part, a
five-year term with one automatic five year-renewal term, improvement costs are at Les-
see’s expense, rent of $1.00 per year, and City approval is needed for any improvements
to the property; and
Whereas, The lease agreement was reviewed and recommended to be approved by
The Park and Recreation Commission at their August 11, 2020 meeting .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of its interest in the Property as
described in the Lease between City and Finley.
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution
and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing
on the City’s intent to dispose of the Property, to be held on the 21st day of September
2020, at 6:30 o’clock p.m.
Section 3. Due to the ongoing COVID-19 pandemic, the City Council will meet virtually
through GoToMeeting. The official agenda will be posted on Friday, September 18, 2020
and will contain location, listening, viewing, and public input options. The City Council
agenda can be accessed at https://cityofdubuque.novusagenda.com/AgendaPublic/.
Passed, approved, and adopted this 8th day of September 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Radford Road Urban Renewal Area - Resolution of Necessity: City Manager con-
sideration of a resolution that authorizes and directs the City Manager to prepare a pro-
posed Urban Renewal Plan (the “Plan”) for the Radford Road Urban Renewal District (the
“District”) and sets a public hearing on the proposed Urban Renewal Plan for September
28, 2020. Upon motion the documents were received and filed and Resolution No. 282-
20 Authorizing and directing the City Manager to prepare an Urban Renewal Plan for the
Radford Road Urban Renewal District and setting the date for a public hearing and con-
sultation on the proposed Urban Renewal Plan for said District was adopted setting a
public hearing for a meeting to commence at 6:30 p.m. on September 28, 2020.
[Due to the ongoing COVID-19 pandemic, the City Council will meet virtually through
GoToMeeting. The official agenda will be posted on Friday prior to the meeting and will
contain listening, viewing, and public input options. The City Council agenda can be ac-
cessed at https://cityofdubuque.novusagenda.com/AgendaPublic/ or by contacting the
City Clerk’s Office at 563-589-4100, ctyclerk@cityofdubuque.org.]
22
RESOLUTION NO. 282-20
AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN URBAN
RENEWAL PLAN FOR THE RADFORD ROAD URBAN RENEWAL DISTRICT AND
SETTING THE DATE FOR A PUBLIC HEARING AND CONSULTATION ON THE PRO-
POSED URBAN RENEWAL PLAN FOR SAID DISTRICT
Whereas, the City Council has determined that the active development of vacant prop-
erty for low-income and mixed-income housing is a beneficial use that will enhance the
City's ongoing economic development efforts; and
Whereas, the City Council has determined that the area described in Section 1 below
meets the definitions of an economic development area as defined in Chapter 403 “Urban
Renewal” of the Iowa Code; and
Whereas, a significant need for affordable and mixed -income housing units exists in
the community and local resources are needed to advance the development; and
Whereas, Iowa Code Chapter 403 requires that before urban renewal authority may
be exercised, the City Council must adopt a resolution of necessity findi ng that the area
in question is a slum, blighted or economic development area, and that so designating
such area is necessary in the interest of the public health, safety or welfare of the resi-
dents of the municipality.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The following described area is an economic development area as defined
by Chapter 403 of the Iowa Code and is appropriate for an urban renewal project, to wit:
Lot 1-1 and Lot 2-1 of Wolff Place No. 2, in the City of Dubuque, Iowa, excepting all
that part of the Right of Way of Radford Road lying within said Lot 2 -1
All in the City of Dubuque, Iowa, hereinafter called the Radford Road Economic
Development District.
Section 2. The development of the Radford Road Economic Development District is
necessary and appropriate to facilitate the proper growth and development of the com-
munity in accordance with sound planning and local community objectives.
Section 3. The development of the Radford Road Economic Development District will
provide new opportunities for quality housing in the community.
Section 4. The City Manager is authorized and directed to prepare an Urban Renewal
Plan for the Radford Road Economic Development District, to forward said P lan to the
City's Long Range Planning Commission for review and comment and to begin the con-
sultation process required by law with affected taxing entities.
Section 5. The City Clerk is directed to publish notice of a public hearing on the adop-
tion of an Urban Renewal Plan for the Radford Road Economic Development District to
be held on the 28th day of September 2020, at 6:30 p.m. in the form provided.
Section 6. The Economic Development Director is directed to send by ordinary mail a
copy of the proposed Urban Renewal Plan, the notice of public hearing, a notice of con-
sultation to the Dubuque Community School District Board of Education and Dubuque
County Board of Supervisors, as the affected taxing entities.
Passed, approved, and adopted this 8th day of September 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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BOARDS/COMMISSIONS
Boards and Commission Applicant Review: Applicants were invited to address the City
Council regarding their desire to serve on the following Boards/Commissions.
1. Cable Television Commission: One, 3-Year term through July 1, 2023 (Vacant term
of Tigges). Applicant: Ronald Tigges, 4927 Wild Flower Dr.
2. Resilient Community Advisory Commission: One, 3-Year term through July 1, 2025
(Vacant term of Specht). Applicants: Nicole Breitbach, 275 Fremont Ave.; Jade Romagna,
998 June Dr.; Whitney Sanger, 2250 Clydesdale Crt. Ms. Breitbach spoke in support of
her appointment and provided a brief biography. Mayor Buol stated for the record that
Ms. Whitney submitted an email letter in support of her appointment.
Appointments were made to the following Commission.
3. Housing Commission: Two, 3-Year terms through August 17, 2023 (Expiring terms
of Craddieth and Eudaley). Applicants: Janice Craddieth, 1603 Washington St. (Additional
Applicant); Amy Eudaley, 950 Wood St.; Joshua Richard, 439 Lowell St. Upon roll-call
vote Ms. Craddieth and Ms. Eudaley were appointed to the 3 -year terms. Craddieth = 6
(Lynch, Sprank, Buol, Cavanagh, Jones, Resnick); Eudaley = 6 (Lynch, Buol, Cavanagh,
Roussell, Jones, Resnick); Richard – 2 (Sprank, Roussell).
PUBLIC INPUT
Due to the COVID-19 pandemic and mandates for social distancing, public input was
made available through GoToMeeting chat function, City Council and City Clerk email
accounts, and the City of Dubuque’s Facebook Live page. Staff stated that no online
public input was received.
ACTION ITEMS
1. Greater Dubuque Development Corporation - Quarterly Update: President and CEO
Rick Dickinson verbally presented the quarterly update on the activities of the Greater
Dubuque Development Corporation. Highlights included four components having an im-
pact on the regional economic development situation 1) COVID-19 Pandemic, 2) social
unrest, 3) national disasters, 4) recession; positive downward trend of unemployment
rates from July records; challenges to hiring/unemployment for local employers/employ-
ees, www.accessdubuquejobs.com; expiration dates of COVID-19-related unemploy-
ment benefits; GDDC planning sessions focused on beta initiative in collaboration with
public/private sectors and non-profit employers as well as higher learning institutions. Mo-
tion by Lynch to receive and file the information. Seconded by Cavanagh. Motion carried
7-0.
2. Five Flags Civic Center Annual Report for Fiscal Year 2020: Five Flags Manager
HR Cook, with ASM Global (formerly SMG), the private management company for Five
Flags, presented the Five Flags Civic Center FY 2020 Annual Report and fiscal year-end
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financials. Highlights included: COVIS-19 impact on operations; FY2020 events in review
and highlights (pre-pandemic); upgraded WiFi Service; community outreach; event anal-
ysis days/attendance; staffing changes; FY 2020 year-end financials; impacted events;
what was lost/ what can be controlled; Venue Shield cleaning and sanitation protocol;
news coverage and social media; Solidarity mural. Mr. Cook responded to questions from
the City Council. Motion by Cavanagh to receive and file the information. Seconded by
Roussell. Motion carried 7-0.
3. Code of Ordinances Amendments - Title 14 Emergency Escape and Rescue Open-
ings - Second Reading: City Manager recommending approval of amendments to the City
of Dubuque Code of Ordinances - Building Code for emergency escape and rescue open-
ings. Motion by Resnick to receive and file the documents and consider the second read-
ing of the four proposed ordinances 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 ; amend-
ing City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1
Building Codes, Article B Residential Code, Sections 14-1B-1 International Residential
Code Adopted and 14-1B-2 International Residential Code Amendments; 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; and amending City of Dubuque Code of Ordinances
Title 14 Building and Development, Chapter 1, Building Code . Seconded by Sprank. City
Manager Van Milligen and Housing and Community Development Director Alexis Steger
referenced additional information provide with the agenda and stated that staff had met
with the Dubuque Area Landlords Association on August 27 and will meet again on Sep-
tember 9. The third reading of the ordinances is on September 21, 2020. Motion carried
7-0.
4. White House Coronavirus Task Force Report -Changing Iowa from a Red Zone to
Yellow Zone: City Manager providing a copy of the White House Coronavirus Task
Force's Report for the State of Iowa as of August 30, 2020. Motion by Cavanagh to re-
ceive and file the documents. Seconded by Resnick. Motion carried 7-0.
5. Interagency (28E) Agreement with Dubuque County and the Dubuque Soil and Wa-
ter Conservation District: City Manager recommending adoption of a resolution authoriz-
ing the executive of a 28E Agreement with Dubuque County and the Dubuque Soil and
Water Conservation District for the purpose of collaborating on stormwater management
efforts, the City’s NPDES MS4 permit requirements, and the City’s nutrient reduction
strategy at the Water and Resource Recovery Center. Motion by Jones to receive and file
the documents and adopt Resolution No. 283-20 Authorizing the execution of a 28E
Agreement with Dubuque County and the Dubuque Soil and Water conservation District
to collaborate on stormwater flooding and water quality issues throughout Dubuque
County. Seconded by Sprank. Motion carried 7-0.
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RESOLUTION NO. 283-20
AUTHORIZING THE EXECUTION OF A 28E AGREEMENT WITH DUBUQUE COUNTY
AND THE DUBUQUE SOIL AND WATER CONSERVATION DISTRICT TO COLLABO-
RATE ON STORMWATER FLOODING AND WATER QUALITY ISSUES THROUGH-
OUT DUBUQUE COUNTY
Whereas, the City recognizes that a coordinated and collaborative approach to fund-
ing, administering, and implementing conservation, water quality, and flood protection im-
provements in a watershed is a best practice; and
Whereas, the City has an interest in continuing its collaborations on conservation, wa-
ter quality, and flood protection improvements with Dubuque County and the Dubuque
Soil and Water Conservation District; and
Whereas, Dubuque County is creating a working group advisory committee to provide
input and feedback to Dubuque County on conservation, water quality, and flood protec-
tion initiatives; and
Whereas, it is the best interest of the City of Dubuque to enter into the agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Mayor is hereby authorized to sign the 28E Agreement in the form
attached hereto.
Section 2. The City will appoint two people to serve on the Dubuque County conserva-
tion, water quality, and flood protection initiative advisory committee.
Section 3. The City Clerk is hereby authorized to file this 28E Agreement with the Iowa
Secretary of State.
Passed, approved, and adopted this 8th day of September 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. Community Development Block Grant (CDBG) Fiscal Year 2020 Annual Action Plan
Amendment #3:City Manager recommending approval of Fiscal Year 2020 Community
Development Block Grant (CDBG) Annual Action Plan Amendment 3 – adjustments to
CDBG-CV (CARES Act) allocation to provide more funding to the activities that showed
the greatest need in preventing, preparing for and responding to the Coronavirus pan-
demic. Motion cy Roussell to receive and file the documents and adopt Resolution No.
284-20 Adopting Amendment No. 3 to the Fiscal year 2020 (Program year 2019) Com-
munity Development Block Grant(CDBG) Annual Action Plan. Seconded by Jones. Re-
sponded to questions from the City Council, City Manager Van Millig en and Housing and
Community Development Director Alexis Steger addressed the issues of affordability and
limited access and what current providers and the Dubuque Community School District
toward solutions. Mr. Van Milligen stated that the City Council can expect a discussion in
about 60 day. Motion carried 7-0.
RESOLUTION NO. 284-20
ADOPTING AMENDMENT 3 TO THE FISCAL YEAR 2020 (PROGRAM YEAR 2019)
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN
Whereas, the City of Dubuque prepared an Annual A ction Plan for Fiscal Year 2020;
and
26
Whereas, the City now desires to amend said Annual Plan by reallocating funds be-
tween existing activities and providing funds for new activities; and
Whereas, said amendment is a substantial amendment as provided in the City’s Citi-
zen Participation Plan and therefore must be approved by resolution of the City after a
public hearing by the Community Development Advisory Commission; and
Whereas, the City made available for public comment said Annual Action Plan on May
28, 2020 at a public meeting of the Community Development Advisory Commission; and
Whereas, the Community Development Advisory Commission reviewed said amend-
ment during a public hearing on June 2, 2020 and voted to approve said amendment and
recommend approval by the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Community Development Block Grant Fiscal Year 2020 (Program Year
2019) Annual Action Plan Amendment 3, attached hereto as Exhibit A i s hereby ap-
proved.
Section 2. The Community Development Block Grant Fiscal Year 2020 (Program Year
2019) Annual Action Plan, as Amended, shall be included in the Five -Year Consolidated
Plan for the use of Community Development Block Grant Funds for Fiscal Year 2016-
2020.
Passed, approved, and adopted this 8th day of September 2020
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
7. Iowa Economic Development Authority (IEDA) Application for Use of CDBG-CV
Funding: City Manager recommending approval of the Iowa Economic Development Au-
thority application to apply for additional Community Development Block Grant CARES
Act Funding. Motion by Jones to receive and file the documents and adopt Resolution
No. 286-20 Authorizing the Mayor to execute an application for the State of Iowa Eco-
nomic Development Administration CDBG-CV Funding. Seconded by Cavanagh. Motion
carried 7-0.
RESOLUTION NO. 286-20
AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR THE STATE OF
IOWA ECONOMIC DEVELOPMENT ADMINISTRATION CDBG-CV FUNDING
Whereas, the CARES Act of 2020 allocated the State of Iowa Economic Development
Authority funding to assist Community Development Block Grant Entitlement Communi-
ties prevent, prepare, and respond to coronavirus; and
Whereas, the Iowa Economic Development Authority released a non -competitive ap-
plication seeking information on how the City of Dubuque would expend these funds to
prevent, prepare, and respond to coronavirus.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE IOWA THAT:
Section 1: The Mayor is hereby authorized and directed to submit an application to the
Iowa Economic Development Authority for the use of CARES Act funds.
27
Section 2: The City Manager and the Housing & Community Development Director are
hereby authorized and directed to forward said application and resulting standard exe-
cuted contract to the respective agencies in a timely fashion and as required by the Iowa
Economic Development Authority.
Passed, approved, and adopted this 8th day of September 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Roosevelt Street Water Tower Construction Update Video: Media Services showed
a video of the recent progress of the Roosevelt Street Water Tower Construction Project.
Motion by Roussell to receive and file the information. Seconded by Resnick. Motion car-
ried 7-0.
COUNCIL MEMBER REPORTS
Mayor Buol advised that everyone stay safe, social distance , and mask up to protect
themselves and everyone around them.
There being no further business, Mayor Buol declared the meeting adjourned at 8:04
p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk