10 19 20 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in a special session at 6:00 p.m. on October 19, 2020.
Due to the COVID-19 pandemic and mandates for social distancing, this meeting was
conducted virtually via GoToMeeting and aired live on CityChannel Dubuque (Mediacom
cable channels 8 and 117.2), streamed live on the city’s website at www.cityofdubu-
que.org/media, and streamed live on the City’s Facebook page at 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 special session of the City Council called
for the purpose of conducting a work session on Project H.O.P.E.
WORK SESSION
Project H.O.P.E.
Peter Supple, Chris Corken, and Nancy Van Milligen from the Community Foundation of
Greater Dubuque and Licensed Mental Health Counselor Julie Homb presented the 2020
Third Quarterly Report for Project H.O.P.E. Topics included:
• Services provided through financial support;
• How Project H.O.P.E. works and creates systems-level changes;
• Current Project H.O.P.E. initiatives;
• Staffing for Brain Health Initiative;
• Community Needs Assessments conclusions and recommendations;
• Collaborating organizations;
• What has been achieved:
o Children’s Brain Health Working Group,
o Law Enforcement & Corrections
o Brain Health Stakeholders Group
• What is being worked on now.
The presenters responded to questions from the City Council following the presenta-
tion.
There being no further business, Mayor Buol declared the meeting adjourned at 6:20
p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on October 19, 2020.
Due to the COVID-19 pandemic and mandates for social distancing, this meeting was
conducted virtually via GoToMeeting and aired live on CityChannel Dubuque (Mediacom
cable channels 8 and 117.2), streamed live on the city’s website at www.cityofdubu-
que.org/media, and streamed live on the City’s Facebook page at 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
PRESENTATION(S)
1. Salute to Women Awards Presentations: Megan Gloss of the Telegraph Herald
newspaper presented Police Officer Nicole Salazar with the "Woman to Watch" award
and City of Dubuque Human Rights Director Kelly Larson with the "Woman Who Makes
a Difference" award. Media Services presented brief videos of testimonials.
2. COVID-19 Update: Mary Rose Corrigan, Public Health Specialist for the City of
Dubuque, provided an update on the COVID-19 pandemic and response activities.
PROCLAMATION(S)
1. Gentleman Day (October 21, 2020) was accepted by Mayor Buol on behalf of Way-
point Services / United Way.
2. National Lead Poisoning Prevention Week (October 25 -31, 2020) was accepted by
Madeline Haverland, Grants Project Manager for the City of Dubuque.
3. Extra Mile Day (November 1, 2020) was accepted by Heather Satterly, Leisure Ser-
vices AmeriCorps Dubuque Coordinator
4. Kevin S. Firnstahl Day (October 30, 2020) Mayor Buol read a proclamation acknowl-
edging City Clerk Kevin S. Firnstahl’s 20 years of service to the City of Dubuque ahead
of his retirement on October 30, 2020.
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Lynch. Staff stated that no public input was received
regarding the Consent Items. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council proceedings of 10/5, 10/6, 10/7; Civil
Service Commission of 9/30; Library Board of Trustees Council Update #2020 o f 9/24;
Zoning Advisory Commission of 10/7; Proof of Publication for City Council proceedings
of 9/21, 9/28, 9/30. Upon motion, the documents were received and filed.
2. Notice of Claims and Suits: LaTakka Bolds for vehicle 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: LaTakka Bolds for vehicle damage. Upon motion, the documents were
received, filed, and concur.
4. Approval of City Expenditures: City Manager recommended City Council approval
for payment of City expenditures. Upon motion, the documents were received and filed,
and Resolution No. 317-20 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. 317-20
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
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 an d dis-
bursements to the City Council, and to publish a summary thereof.
Passed, approved, and adopted this 19th day of October 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Downtown Rehabilitation Grant Award for 701 Bluff Street: City Manager recom-
mended approval of a Downtown Rehabilitation Grant Award to Ken Lin for a combined
Façade Grant and Planning & Design Grant to create a Dumpling Factory and Brewery
restaurant at 701 Bluff Street. Upon motion, the documents were received and filed, and
Resolution No. 318-20 Approving a Grant Agreement between the City of Dubuque, Iowa,
and K&L Leasing for the redevelopment of 701 Bluff Street was adopted.
RESOLUTION NO. 318-20
APPROVING A GRANT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA
AND K&L LEASING, LLC FOR THE REDEVELOPMENT OF 701 BLUFF STREET
Whereas, K&L Leasing, LLC has applied to the Economic Development Department
for a Façade Grant and a Planning & Design Grant (the Grants) for the rehabilitation of
property at 701 Bluff Street in the City of Dubuque, Iowa (the Project); and
Whereas, the Project is eligible for the Grants; and
Whereas, it is the determination of the City Council that approval of the Grant Agree-
ment for redevelopment of the Property by K&L Leasing, LLC, 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 between the City of Dubuque and K&L Leasing, LLC,
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 19th day of October 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. Partners for Places Mini-Grant Application: City Attorney recommended approval of
a funding request to the Funders Network Partners for Places mini-grant program that will
gather information related to barriers in Dubuque’s frontline neighborhoods. Upon motion,
the documents were received, filed, and approved.
7. Pre-Annexation Agreement with Callista M Decker Estate for 7985 Schueller Heights
Road in Decker Acres: City Manager recommended approval of a Pre-Annexation Agree-
ment with the Callista M. Decker Estate in conjunction with a request for approval of the
Plat of Survey for property located at 7985 Schueller Heights Road. Upon motion, the
documents were received and filed, and Resolution No. 319-20 Approving a Pre-Annex-
ation Agreement between the City of Dubuque, Iowa , and Callista M. Decker Estate was
adopted.
RESOLUTION NO. 319-20
APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND CALLISTA M. DECKER ESTATE
Whereas, Callista M. Decker Estate, 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:
THE NW-SE SECTION 30 TOWNSHIP 88 NORTH, RANGE 3 EAST OF THE 5TH
P.M.: AND
THE SE-NE SECTION 30 TOWNSHIP 88 NORTH, RANGE 3 EAST OF THE 5TH
P.M.: AND
THE NE.SE SECTION 30 TOWNSHIP 88 NORTH, RANGE 3 EAST OF THE 5TH
P.M.
ALL IN DUBUQUE COUNTY, IOWA; and
Whereas, Callista M. Decker Estate 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 pro perty; 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 Prope rty 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 Callista M. Decker Estate
and the City of Dubuque is hereby approved.
Passed, approved, and adopted this 19th day of October 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Final Plat of Survey for Decker Acres / Callista M. Decker Estate: Zoning Advisory
Commission recommended approval of the Plat of Survey of Decker Acres in Dubuque
County as requested by Webber Surveying, LLC on behalf of the Callista M. Decker Es-
tate. Upon motion, the documents were received and filed, and Resolution No. 320-20
Approving the Plat of Survey of Decker Acres in Dubuque County, Iowa was adopted.
RESOLUTION NO. 320-20
APPROVING THE PLAT OF SURVEY OF DECKER ACRES IN DUBUQUE COUNTY,
IOWA
Whereas, there has been filed with the City Clerk a Final Plat of Survey of Decker
Acres in Dubuque County, Iowa that is within the City’s 2 -mile extraterritorial jurisdiction;
and
Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission
and its approval has been endorsed thereon; and
Whereas, said Plat of Survey has been examined by the City Council and they find that
it conforms to the statues and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Plat of Survey of Decker Acres in Dubuque County, Iowa is hereby
approved, and the Mayor and City Clerk are hereby authorized and directed to endorse
the approval of the City of Dubuque, Iowa upon said Plat of Survey.
Passed, approved, and adopted this 19th day of October 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
9. Sustainable Dubuque Community Grant Award Recommendation : City Manager
recommended City Council approval of the Resilient Community Advisory Commission
recommendations for two projects for funding from the Sustainable Dubuque Community
Grant Program. Upon motion, the documents were received, filed, and approved.
10. Special Projects Grant Funding Recommendation for Fiscal Year 2021: City Man-
ager recommended concurrence with the Arts & Cultural Affairs Advisory Commission’s
recommendations to fund the FY 2021 Special Project grant applications. Upon motion,
the documents were received, filed, and concur.
11. Walgreen Co. Property Tax Appeal Stipulation of Settlement: Senior Counsel rec-
ommended approval of a Stipulation of Settlement for a property tax appeal filed by
Walgreen Co., #9708, for their property located at 55 JFK Road. Upon motion, the docu-
ments were received, filed, and approved.
12. Investment Management Services Selection: City Manager recommended ap-
proval of Investment Management Services to Dubuque Bank and Trust, Dana Invest-
ment Advisor, and BTC Capital. Upon motion, the documents were received, filed, and
approved.
13. Investment Custodian Services Selection: City Manager recommended approval
of Investment Custodian Services to MidWestOne Bank. Upon motion, the documents
were received, filed, and approved.
14. Moody's Investors Service Annual Issuer Comment on Outstanding General Obli-
gation Bonds: City Manager submitting the annual issuer comment report from Moody’s
Investors Service on the outstanding general obligation bonds and affirming the City’s
credit rating of Aa3. Upon motion, the documents were received and filed.
15. Moody's Investors Service Annual Issuer Comment on Outstanding Water Reve-
nue Bonds: City Manager submitting the annual issuer comment report from Moody’s
Investors Service on the outstanding water revenue bonds and affirming the City’s credit
rating of A2. Upon motion, the documents were received, filed, and approved.
16. Accepting the 22nd St./Kaufmann Ave. Storm Sewer Improvement Project (White
Street to Kleine Street): City Manager recommended acceptance of the 22nd Street / Kauf-
mann Avenue Storm Sewer Improvements Project (White Street to Kleine Street), as
completed by Portzen Construction, Inc. Upon motion, the documents were received and
filed, and Resolution No. 321-20 Accepting the 22nd Street / Kaufmann Avenue Storm
Sewer Improvements Project (White Street to Kleine Street) and authorizing the payment
of the contract amount to the contractor, and Resolution No. 322-20 Adopting the Final
Assessment Schedule for the 22nd Street / Kaufmann Avenue Storm Sewer Improve-
ments Project (White Street to Kleine Street) were adopted.
RESOLUTION NO. 321-20
ACCEPTING THE 22ND STREET/KAUFMANN AVENUE STORM SEWER IMPROVE-
MENTS PROJECT (WHITE STREET TO KLEINE STREET) AND AUTHORIZING THE
PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the 22 nd Street/Kaufmann Avenue
Storm Sewer Improvements Project (White Street to Kleine Street) (the Project) has been
completed by the contractor, Portzen Construction, Inc. (Contractor), and the City Engi-
neer has examined the work and recommends that the Project be accepted; and
Whereas, the final contract amount for the Project is $2,532,695.06; and
Whereas, the Contractor has previously been paid $2,490,499.41, leaving a balance
of $42,195.65; 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:
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 $42,195.65 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 19th day of October 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 22ND
STREET/KAUFMANN AVENUE STORM SEWER IMPROVEMENTS PROJECT
(WHITE STREET TO KLEINE STREET)
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the 22nd Street/Kaufmann Avenue Storm Sewer Improvements Project
(White Street to Kleine Street) has been performed in compliance with the terms of the
Public Improvement Contract, and that the total cost of the completed work is
$2,912,599.32.
Dated this 12th day of October 2020.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 12th day of October 2020.
/s/Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 322-20
ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE 22 ND STREET/KAUF-
MANN AVENUE STORM SEWER IMPROVEMENTS PROJECT (WHITE STREET TO
KLEINE STREET)
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. 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 22nd Street/Kauf-
mann Avenue Storm Sewer Improvements Project (White Street to Kleine Street)
Section 2. 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 condi-
tionally 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
assessments against said lots are hereby declared to be in proportion to the special ben-
efits conferred and not in excess of twenty-five percent of the value of same.
Section 3. 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 certification 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 publication 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.
Section 4. 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 assessments of $500.00 or more are payable in 15 annual installments at the
County Treasurer’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. De-
linquent installments 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 19th day of October 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
FINAL SCHEDULE OF ASSESSMENTS FOR THE 22ND STREET/KAUFMANN AVE-
NUE STORM SEWER IMPROVEMENTS PROJECT (WHITE STREET TO KLEINE
STREET)
Properties abutting the areas described below:
• 22nd Street and Kaufmann Avenue from White Street to North Main Street
− Replacement of lead water services with copper water services
The proposed district to be benefited and subject to assessment for the cost of such
improvements is described as follows:
All properties abutting the following street which had identified lead services:
• 22nd Street and Kaufmann Avenue from White Street to North Main Street
All abutting property included with the areas described be assessed.
17. Accepting the Julien Dubuque Drive Sanitary Sewer Extension Project : City Man-
ager recommended acceptance of the public improvement contract for the Julien Dubu-
que Drive Sanitary Project, as completed by Drew Cook & Sons Excavating Company,
Inc. Upon motion, the documents were received and filed, and Resolution No. 323-20
Accepting the Julien Dubuque Drive Sanitary Project and authorizing the payment to the
contractor was adopted.
RESOLUTION NO. 323-20
ACCEPTING THE JULIEN DUBUQUE DR. SANITARY PROJECT AND AUTHORIZING
THE PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the Julien Dubuque Dr. Sanitary Project,
(the Project) has been completed by the Contractor, Drew Cook & Sons Excavating Com-
pany, Inc. (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 $121,590.41; and
Whereas, the Contractor has previously been paid $115,510.89, leaving a balance of
$6,079.52; 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 ba lance
of the retainage of $6,079.52 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 19th day of October 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF JULIEN DUBUQUE
DR. SANITARY PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the Julien Dubuque Dr. Sanitary Project has been performed in compliance
with the terms of the Public Improvement Contract, and that the total cost of the completed
work is $139,828.97.
Dated this 12th day of October 2020.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 12th day of October 2020.
/s/Kevin S. Firnstahl, CMC, City Clerk
18. Accepting the NW Arterial - JFK Intersection Right Turn Lane Improvements: City
Manager recommended acceptance of the public improvement contract for the Northwest
Arterial – JFK Intersection Right Turn Lane Improvements Project, as completed by Mid-
west Concrete, Inc. Upon motion the documents were received and filed, and Resolution
No. 324-20 Accepting the Northwest Arterial - JFK Intersection Right-Turn Lane Improve-
ments Project and authorizing the payment to the contractor was adopted.
RESOLUTION NO. 324-20
ACCEPTING THE NORTHWEST ARTERIAL - JFK INTERSECTION RIGHT TURN
LANE IMPROVEMENTS PROJECT AND AUTHORIZING THE PAYMENT TO THE
CONTRACTOR
Whereas, the public improvement contract for the Northwest Arterial - JFK Intersection
Right Turn Lane Improvements Project, (the Project) has been completed by the Con-
tractor, Midwest Concrete, Inc. (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 $125,886.41; and
Whereas, the Contractor has previously been paid $123,051.31, leaving a balance of
$2,835.10; 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 appro ved, 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 $2,835.10 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 19th day of October 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF NORTHWEST ARTE-
RIAL - JFK INTERSECTION RIGHT TURN LANE IMPROVEMENTS PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the Northwest Arterial - JFK Intersection Right Turn Lane Improvements
Project has been performed in compliance with the terms of the Public Improvement Con-
tract, and that the total cost of the completed work is $163,986.41.
Dated this 14th day of October 2020.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 14th day of October 2020.
/s/Kevin S. Firnstahl, City Clerk
19. Fiscal Year 2020 Annual Financial Report: City Manager recommended approval
to file the Fiscal Year 2020 State of Iowa Annual Financial Report with the State of Iowa
Auditor. Upon motion, the documents were received, filed, and approved.
20. Appointment of Liaison to Community Development Advisory Commission : Hous-
ing Commission recommended approval to appoint Hillary Dalton as the Housing Com-
mission liaison to the Community Development Advisory Commission. Upon motion, the
documents were received, filed, and approved.
21. Appointment of Liaison to Housing Trust Fund Advisory Committee: Housing Com-
mission recommended that Commissioner Amy Eudaley continues as the Housing Com-
mission liaison to the Housing Trust Fund Committee. Upon motion, the documents were
received, filed, and approved.
22. Iowa Department of Public Health Childhood Lead Poisoning and Healthy Homes
Funding and an Agreement with the Visiting Nurse and Dubuque County Board of Health:
City Manager recommended approval of a contract with the Dubuque County Board of
Health and the Iowa Department of Public Health for continued funding of the Childhood
Lead Poisoning Prevention Program, and a renewed agreement with the Dubuque Visit-
ing Nurse Association for services related to the Childhood Lead Poisoning Prevention
Program and Healthy Homes Program. Upon motion, the documents were received, filed,
and approved.
23. Proposed Amendment to Master Co-Location and Shared Services Agreement Be-
tween the City of Dubuque and Wisconsin Independent Network (WIN): City Manager
recommended approval of an Amendment to the Master Co-Location and Shared Ser-
vices Agreement with Wisconsin Independent Network. Upon motion, the documents
were received, filed, and approved.
24. Proposed Amendments to Master Co-location and Shared Services Agreement
Between the City and Unite Private Network: City Manager recommended Council ap-
proval of an Amendment to the Master Co-Location and Shared Services Agreement with
Unite Private Network. Upon motion, the documents were received, filed, and approved.
25. Grant of Easement for Public Utilities from O'Rourke Farms, LLC: City Manager
recommended acceptance of a Grant of Permanent Public Utility Easement on and
across O’Rourke Farms, L.L.C. property on Olde Davenport Road for the purpose of con-
structing water main and sanitary sewer to provide service to the new Iowa Department
of Transportation (Iowa DOT) Maintenance Facility. Upon motion, the documents were
received and filed, and Resolution No. 325-20 Accepting Grant of Permanent Public Utility
Easement on and across O'Rourke Farms, LLC Property on Olde Davenport Road in
Dubuque County, Iowa was adopted.
RESOLUTION NO. 325-20
ACCEPTING GRANT OF PERMANENT PUBLIC UTILITY EASEMENT ON AND
ACROSS O’ROURKE FARMS, L.L.C. PROPERTY ON OLDE DAVENPORT ROAD, IN
DUBUQUE COUNTY, IOWA
Whereas, O’Rourke Farms, L.L.C., has executed a Grant of Permanent Public Utility
Easement on or across:
PART OF LOT 1 OF O'ROURKE FARMS ADDITION AND PART OF THE LOT 2
OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 13, TOWNSHIP 88
NORTH, RANGE 2 EAST OF THE 5TH P.M., ALL IN SECTION 13, TOWNSHIP 88
NORTH, RANGE 2 EAST OF THE 5TH P.M., in Dubuque County, State of Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts
and consents to the Grant of Permanent Public Utility Easement, across the properties
as listed above, in Dubuque County, State of Iowa from the property owner listed above,
copies of which are attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Section 3. The City Clerk be and is hereby authorized and directed to record a certified
copy of this resolution with said Grant of Permanent Public Utility Easement, in the offices
of the City Assessor, Dubuque County Recorder and Dubuque County Auditor.
Passed, approved, and adopted this 19th day of October 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
26. Dubuque Main Street Iowa Program Agreement for Fiscal Year 2021: City Manager
recommended approval of the Program Agreement between Dubuque Main Street Ltd.,
The City of Dubuque, and the Iowa Economic Development Authority, and approval of a
resolution supporting the agreement. Upon motion, the documents were received and
filed, and Resolution No. 326-20 Approving an Agreement by and among the Iowa Eco-
nomic Development authority, Dubuque Main Street, LTD, and the City of Dubuque
providing for the Dubuque Main Street Program in the City of Dubuque was adopted.
RESOLUTION NO. 326-20
APPROVING AN AGREEMENT BY AND AMONG THE IOWA ECONOMIC DEVELOP-
MENT AUTHORITY, DUBUQUE MAIN STREET LTD AND THE CITY OF DUBUQUE
PROVIDING FOR THE DUBUQUE MAIN STREET PROGRAM IN THE CITY OF DUBU-
QUE
Whereas, an Agreement by and among the Iowa Economic Development Authority,
Dubuque Main Street LTD and the City of Dubuque has been prepared for the purpose
of continuing the Local Main Street Program in the City of Dubuque; and
Whereas, this Agreement is pursuant to contractual agreements between Dubuque
Main Street LTD, and the Iowa Economic Development Authority to assist in the revitali-
zation of the designated Main Street District of the City of Dubuque Iowa; and
Whereas, the City Council of the City of Dubuque endorses the goal of economic revi-
talization of the Main Street District within the context of preservation and rehabilitation of
its historic buildings and supports the continuation of the Main Street Approach as devel-
oped by Main Street America and espoused by Main Street Iowa.
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 execute the attached Agree-
ment on behalf of the City of Dubuque and the City Clerk is authorized and directed to
attest to his signature.
Section 2. The City Manager is authorized to take such actions as are necessary to
comply with the terms of the Agreement as herein approved.
Passed, approved, and adopted this 19th day of October 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
27. Signed Contract(s): Hoglund Bus Co., Inc. for four (4) paratransit minibuses for the
Jule's paratransit fleet. Upon motion, the documents were received and filed.
28. Alcohol License Applications: City Manager recommended approval of annual
beer, liquor, and wine licenses as submitted. Upon motion, the documents were received
and filed, and Resolution No. 327-20 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 Liquor, Beer and Wine Licenses and
Permits was adopted.
RESOLUTION NO. 327-20
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 hav e filed the proper fees
and bonds and otherwise complied with the requirements of the Code of Ordinances.
Renewals
Fiesta Cancun Authentic
Mexican Rest.
2515-1 NW Arterial Class C Liquor (Outdoor) (Sunday)
Grand Tap The 802 Central Ave. Class C Liquor (Sunday)
Europa Haus Restaurant &
Bierstube
1301 Rhomberg Ave. Class C Liquor (Catering)
Knickers Saloon 2186 Central Ave. Class C Liquor (Outdoor) (Sunday)
KWIK STOP #858 3340 J.F. Kennedy Rd. Class C Beer, Class B Native Wine
(Sunday)
Loras College - Athletic and
Wellness Center
1600 Loras College
Parkway
Class C Liquor (Catering) (Outdoor)
(Sunday)
Huhot Mongolian Grill 555 J.F. Kennedy Rd.
#685
Special Class C Liquor (Sunday)
Carlos O'Kelly's Mexican
Cafe
1355 Associates Dr Class C Liquor (Catering)(Sunday)
Jumpers Sports Bar & Grill 2600 Dodge St. Class C Liquor (Outdoor) (Sunday)
Special Event(s) per Special Event Application Submittal
Dubuque Symphony Or-
chestra
Fountain Park Class B Beer (Outdoor)
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.
Passed, approved, and adopted this 19th day of October 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
PUBLIC HEARINGS
Due to the COVID-19 pandemic and mandates for social distancing, public input was
made available through the GoToMeeting chat function, City Council and City Clerk email
accounts, and the City of Dubuque’s Facebook Live page.
1. Request to Rezone 785 Groveland Place: Proof of publication on notice of public
hearing to consider approval of a request from Wilma McDonell to rezone property located
at 785 Groveland Place from C-1 Neighborhood Commercial to C-3 General Commercial
to allow for an auto sales lot, and the Zoning Advisory Commission recommended denial
of the request. Motion by Jones to receive and file the documents and concur with the
denial. Seconded by Sprank. Planning Services Manager Wally Wernimont provided a
staff report and responded to questions from the City Council. City Council requested that
some verbiage be used to indicate the quasi-judicial or traditional status of zoning re-
quests be provided to aid Council Members in knowing whether or not they can legally
speak to residents about the request. Mr. Wernimont, City Attorney Brumwell, and City
Clerk Firnstahl stated that they can provide that information on the Zoning Advisory Com-
mission meeting agendas and the City Council agendas. Staff stated that no public input
was received regarding this item. Motion carried 7-0.
2. Request to Rezone Property at 12481 Kennedy Road / Rustic Point Estates : Proof
of publication on notice of public hearing to consider approval of a request from Brian
Riniker to rezone property located at 12481 Kennedy Road / a portion of Rustic Point
Estates, from R-1 Single-Family Residential to R-2 Two Family Residential, and the Zon-
ing 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 Werni-
mont provided a staff report. Developer Brian Riniker spoke in support of the request,
provided a brief description of the project, and responded to questions from the City Coun-
cil. Staff stated that no public input was received regarding this item. Motion carried 7 -0.
Motion by Jones for final consideration and passage of Ordinance No. 40-20 Amending
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by re-
classifying a portion of 12481 Kennedy Road from R-1 Single-Family Residential District
to R-2 Two-Family Residential District. Seconded by Sprank. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 40-20
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLASSIFYING A PORTION OF 12481 KENNEDY
ROAD FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO R-2 TWO-FAMILY
RESIDENTIAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. Title 16 of the City of Dubuque Code of Ordinances, Uni fied Development
Code, is hereby amended by reclassifying the hereinafter–described property from R-1
Single-Family Residential district to R-2 Two-Family Residential District, to wit:
Portion of Lot D and further described as preliminary platted Lots 7,8,73 and 74
Rustic Point Estates Subdivision, all in the City of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Ad-
visory Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect immediately upon publication as provided
by law.
Passed, approved and adopted this 19th day of October 2020.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 23rd day of October 2020.
/s/Kevin S. Firnstahl, City Clerk
PUBLIC INPUT
Due to the COVID-19 pandemic and mandates for social distancing, public input was
made available through the GoToMeeting chat function, City Council and City Clerk email
accounts, and the City of Dubuque’s Facebook Live page. Staff stated the no online public
input was received. Staff stated that no public input was received.
ACTION ITEMS
1. Response to Executive Order on Combatting Race and Sex Stereoty ping: Corre-
spondence from Mayor Buol on behalf of the City Council to President Trump and Dubu-
que's Federal Legislators expressing concern with Executive Order 13950 on Combatting
Race and Sex Stereotyping. Motion by Cavanagh to receive and file the documents. Se-
conded by Resnick. Motion carried 7-0.
2. Request for Work Session - Inclusive Dubuque Quarterly Update: City Manager rec-
ommended that the City Council schedule the Inclusive Dubuque Quarterly Update work
session for Monday, November 16, at 6:00 p.m. Motion by Roussell to receive and file the
documents and schedule the work session as recommended. Seconded by Jones. No
schedule conflicts were expressed. Motion carried 7-0.
3. Request for Two Work Sessions for COVID-19 Updates: City Manager
recommended that the City Council schedule the COVID-19 Update Work Sessions for
Monday, November 16, 2020, at 5:00 p.m.; and Monday, January 4, 2021, at 5:30 p.m.
Motion by Cavanagh to receive and file the documents and schedule the work session as
recommended. Seconded by Jones. No schedule conflicts were expressed. Motion car-
ried 7-0.
COUNCILMEMBER REPORTS
City Council Members individually acknowledged City Clerk Firnstahl’s retirement and
complimented him on his professionalism and service as City Clerk over the last 20 years.
Mr. Firnstahl will retire from the City of Dubuque on October 30, 2020.
CLOSED SESSION
Motion by Jones to convene in closed session at 7:49 p.m. to discuss real estate trans-
fer negotiations pursuant to Chapter 21.5(1)(j) Code of Iowa. Seconded by Resnick.
Mayor Buol stated for the record that the attorney who will consult with City Council o n
the issues to be discussed in the closed session is City Attorney Crenna Brumwell. Motion
carried 7-0.
Upon motion, the City Council reconvened in open session at 8:19 p.m. stating that
staff had been given proper direction.
There being no further business, Mayor Buol declared the meeting adjourned at 8:20
p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk