11 16 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 November 16, 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.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 work sessions on the COVID-19 Pandemic Monthly Update
and the Inclusive Dubuque Quarterly Update.
WORK SESSIONS (2)
1. Updates on the internal and community-facing responses to the COVID-19
pandemic: City staff and network partners provided 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
• Community Foundation of Greater Dubuque Update: Jenna Manders, Director of
Strategic Relations
• Greater Dubuque Development Corporation: Rick Dickinson, President/CE
This work session concluded at 5:50 p.m.
2. Inclusive Dubuque Quarterly Update: Representatives of The Community
Foundation of Greater Dubuque presented the quarterly report for Inclusive Dubuque.
Clara Lopez Ortiz, Equity Coordinator; Oather Taylor, DEI Consultant/Advisor; Cynthia
Wehrenberg, Youth Impact Coordinator. Topics included:
• Network partner meetings
• Cultural resource guide
• DEI toolkit
• Community equity profile
• Business leader equity cohort
• Every child reads
There being no further business, Mayor Buol declared the meeting adjourned at 6:14
p.m.
/s/Adrienne N. Breitfelder, 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 November 16, 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 channe ls 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 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. Certified Venue Executive Recognition for H.R. Cook: Marie Ware, Leisure Services
Manager, made a presentation recognizing H.R. Cook, General Manager of Five Flags
Civic Center, for achieving certification as a Certified Venue Executive.
2. Iowa Primary Care Association Award Recognition for Mary Rose Corrigan : Gary
Collins, CEO of Crescent Community Health Center, presented Public Health Specialist
Mary Rose Corrigan with the 2020 Carl Kulczyk Memorial Award from the Iowa Primary
Care Association.
PROCLAMATION(S)
1. Pancreatic Cancer Awareness Day (November 19, 2020) was accepted by Diane
Oglesby-Rambousek of the Michael W. Oglesby Foundation.
2. Small Business Saturday (November 28, 2020) was accepted by Justine Paradiso
of the Dubuque Area Chamber of Commerce.
3. Civil Air Patrol Day (December 1, 2020) was accepted by Colonel Jonathan Lartigue
of the Civil Air Patrol.
CONSENT ITEMS
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Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose
of as indicated. Seconded by Sprank. Staff stated that no online public comments were
received related to the Consent Agenda. Motion carried 7 -0.
1. Minutes and Reports Submitted: City Council Proceedings of 11/2/20; Historic
Preservation Commission of 10/15/20; Investment Oversight Advisory Commission of
10/28/20; Long Range Planning Advisory Commission of 10/21/20; Zoning Advisory
Commission of 11/4/20; Zoning Board of Adjustment of 10/22/20; Proof of Publication for
City Council Proceedings of 10/5/20, 10/6/20, 10/7/20; Proof of publication for List of
Claim and Summary of Revenues for the month ending 9/30. Upon motion, the
documents were received and filed.
2. Notice of Claims and Suits: Black Hills Energy for property damage; Mackenzie
Weber for vehicle damage; Michael J. Vondal for vehicle damage. Upon motion, the
documents were received, filed, and referred to the City Attorney.
3. Disposition of Claims: City Attorney advised that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities
Assurance Pool: Black Hills Energy for property damage; MacKenzie Weber for Vehicle
Damage; Michael J. Vondal for Vehicle Damage. Upon motion, the documents were
received, filed, and concurred.
4. Approval of City Expenditures: City Manager recommended City Council approval
for payment of City expenditures. Upon motion, the documents were received and filed,
and Resolution No. 337-20 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 was adopted.
RESOLUTION NO. 337-20
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 the 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 Expenditu res
attached 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.
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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
requested by designated requisitioning authorities in accordance with approved budget
appropriations.
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
disbursements to the City Council and to publish a summary thereof.
Passed, approved, and adopted this 16th day of November 2020.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
5. Dollars & Cents Public Information Brochure: City Manager provided a copy of the
Fiscal Year 2021 Dollars & Cents public information brochure. Upon motion, the
documents were received and filed.
6. Final Plat of Survey for CN Davis Place: Zoning Advisory Commission
recommended approval of the Final Plat of Survey for CN Davis Place (16335 Humke
Road/13389 BMR Drive). Upon motion, the documents were received and filed, and
Resolution No. 338-20 Approving the Final Plat of Survey of CN Davis Place, Dubuque
County, Iowa was adopted.
RESOLUTION NO. 338-20
APPROVING THE FINAL PLAT OF SURVEY OF CN DAVIS PLACE, DUBUQUE
COUNTY, IOWA
Whereas, there has been filed with the City Clerk a Final Plat of Survey: CN Davis
Place, Dubuque County, Iowa that is within the City’s 2 -mile extraterritorial jurisdiction;
and
Whereas, said Final Plat of Survey has been examined by the Zoning Advisory
Commission and its approval has been endorsed thereon; and
Whereas, said Final 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:
Section 1. That the Final Plat of Survey: CN Davis Place, 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 Final Plat of Survey.
Passed, approved, and adopted this 16th day of November 2020.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
7. Plat of Survey for Yiannias Place: Zoning Advisory Commission recommended
approval of the Plat of Survey for Lot 1 & Lot 2 of Yiannias Place No. 5 190 John F.
5
Kennedy Rd. Upon motion, the documents were received and filed, and Resolution No.
339-20 Approving the Plat of Survey of Lot 1 and Lot 2 Of Yiannias Place No. 5 in the
City of Dubuque, Iowa was adopted.
RESOLUTION NO. 339-20
APPROVING THE PLAT OF SURVEY OF LOT 1 & LOT 2 OF YIANNIAS PLACE NO.
5 IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Plat of Survey: Lot 1 & Lot 2 of
Yiannias Place No. 5 in the City of Dubuque, Iowa; and
Whereas, said Plat of Survey provides 0 feet of frontage for Lot 1 on public or approved
private street, where street frontage is required by Section 11-14 of Title 16 of the City of
Dubuque Code of Ordinances, Unified Development Code; 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:
Section 1. That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, is waived to allow 0 feet of frontage for Lot 1 on a public
street or an approved private street.
Section 2. That the Plat of Survey: Lot 1 & Lot 2 of Yiannias Place No. 5 in the City of
Dubuque, 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 16th day of November 2020.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
8. Pre-Annexation Agreement with Timothy J & Cynthia McAndrew : City Manager
recommended approval of a Pre-Annexation Agreement between the City of Dubuque,
Iowa and Timothy J. and Cynthia McAndrew in conjunction with a request for approval of
a Final Plat of Survey for property located at 16335 Humke Road. Upon motion, the
documents were received and filed, and Resolution No. 340-20 Approving a Pre-
Annexation Agreement between the City of Dubuque, Iowa and Timothy J. and Cynthia
McAndrew was adopted.
RESOLUTION NO. 340-20
APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA, AND TIMOTHY J. AND CYNTHIA MCANDREW
Whereas, Timothy J. and Cynthia McAndrew, 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 1 OF THE REPLAT OF LOTS 1-2-1-1-1 & 2-1-1-1-1 OF THE NW ¼ SE ¼ OF
SECTION 26, T89N, R1E OF THE 5TH P.M., DUBUQUE COUNTY, IOWA
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Whereas, Timothy J. and Cynthia McAndrew 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 the 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:
Section 1. The Pre-annexation Agreement by and between Timothy J. and Cynthia
McAndrew and the City of Dubuque is hereby approved.
Passed, approved, and adopted this 16th day of November 2020.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
9. Pre-Annexation Agreement with Clarence C. and Nancy L. Davis: City Manager
recommended approval of a Pre-Annexation Agreement with Clarence C. and Nancy L.
Davis in conjunction with a request for approval of a Final Plat of Survey for property
located at 13389 BMR Lane. Upon motion, the documents were received and filed, and
Resolution No. 341-20 Approving a Pre-Annexation Agreement between the City of
Dubuque, Iowa and Clarence C. And Nancy L. Davis was adopted.
RESOLUTION NO. 341-20
APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND CLARENCE C. AND NANCY L. DAVIS
Whereas, Clarence C. and Nancy L. Davis, 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 Cit y of
Dubuque:
LOT 2 OF THE REPLAT OF LOTS 1-2-1-1-1 & 2-1-1-1-1 OF THE NW ¼ SE ¼ OF
SECTION 26, T89N, R1E OF THE 5TH P.M., DUBUQUE COUNTY, IOWA; and
Whereas, Clarence C. and Nancy L. Davis 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
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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:
Section 1. The Pre-annexation Agreement by and between Clarence C. and Nancy L.
Davis and the City of Dubuque is hereby approved.
Passed, approved, and adopted this 16th day of November 2020.
Roy d. Buol, mayor
Attest: Adrienne N. Breitfelder, City Clerk
10. Quarterly Investment Report as of September 30, 2020 : City Manager transmitted
the September 30, 2020, Quarterly Investment Report. Upon motion, the documents were
received and filed.
11. Fiscal Year 2020 Urban Renewal Report: City Manager recommended approval of
the Fiscal Year 2020 Iowa Urban Renewal Report for the City of Dubuque. Upon motion,
the documents were received and filed, and Resolution No. 342-20 Approving the Fiscal
Year 2020 Urban Renewal Report for the City of Dubuque was adopted.
RESOLUTION NO. 342-20
APPROVING THE FISCAL YEAR 2020 URBAN RENEWAL REPORT FOR THE CITY
OF DUBUQUE
Whereas, the Iowa Legislature approved HF 2460 in the 2012 Legislative Session,
amending the current law pertaining to urban renewal districts; and
Whereas, HF 2460, otherwise known as the Urban Renewal Reporting Act of 2012,
aims to increase transparency in the utilization of tax increment financing; and
Whereas, HF 2460 requires an annual urban renewal report be approved by the
majority of a local governing body that had an active urban renewal plan anytime during
the most recently ended fiscal year; and
Whereas, City staff have fulfilled the requirements outlined in the Act through a web-
based reporting tool hosted by the Iowa Department of Management.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Fiscal Year 2020 Urban Renewal Report for the City of Du buque,
be approved.
Section 2. That the Director of Finance and Budget of the City of Dubuque, Iowa is
hereby authorized and directed to submit the Report, with a record of this approval, to the
Iowa Department of Management.
Passed, approved, and adopted this 16th day of November 2020.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
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12. Fiscal Year 2022 County Tax Increment Finance Report: City Manager transmitted
the Annual Tax Increment Financing (TIF) Report that has been filed with Dubuque
County Auditor Denise Dolan. Upon motion the documents were received and filed.
13. Accepting the Roosevelt Street Water Tower Contract B Project : City Manager
recommended acceptance of the construction contract for the Roosevelt Street Water
Tower Contract B Eagle Point Plant & Water Distribution Improvements Project, as
completed by Portzen Construction, Inc. Upon motion the documents were received and
filed, and Resolution No. 343-20 Accepting the Roosevelt Street Water Tower Contract B
Eagle Point Water Plant and Water Distribution Improvements and authorizing final
payments to the contractor was adopted.
RESOLUTION NO. 343-20
ACCEPTING THE ROOSEVELT STREET WATER TOWER CONTRACT B EAGLE
POINT WATER PLANT AND WATER DISTRIBUTION IMPROVEMENTS AND
AUTHORIZING FINAL PAYMENTS TO THE CONTRACTOR
Whereas, the public improvement contract for the Roosevelt Street Water Tower
Contract B Eagle Point Water Plant & Water Distribution Improvements (the Project) has
been completed by the Contractor, Portzen Construction Inc. (Contractor), the Water
Department Manager has examined the work and recommends that the Project be
accepted; and
Whereas, the final contract amount for Contract B is $1,058,389.67; and
Whereas, the Contractor has previously been paid on Contract B in the amount of
$935,136.67, leaving a balance of $123,253.00 of which $6,000 shall be paid following
the successful start-up of control valves at the pressure reducing stations, resulting in a
payable balance of $117,253.00; 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:
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 and retainage for Contract B in the amount of $123,253.00, minus
$6,000 payable following successful startup of control valves the amount of $117,253.00;
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 16th day of November 2020.
Roy Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
WATER DEPARTMENT MANAGER’S CERTIFICATE OF FINAL COMPLETION OF
THE ROOSEVELT STREET WATER TOWER CONTRACT B EAGLE POINT WATER
PLANT AND WATER DISTRIBUTION IMPROVEMENTS, PROJECT
The undersigned Water Department Manager of the City of Dubuque, Iowa, hereby
certifies that she has inspected the Roosevelt Street Water Tower Contract B Eagle Point
Water Plant & Water Distribution Improvements, and that said Project has been
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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
$1,058,389.67.
Dated this 10th day of November 2020.
/s/Denise Blakeley Ihrig, P.E., Water Department Manager
Filed in the office of the City Clerk on the 10th day of November 2020.
/s/Adrienne N. Breitfelder, City Clerk
14. Accepting 2020 Asphalt Overlay Access Ramp Project 3 -B: City Manager
recommended acceptance of the construction contract for the 2020 Asphalt Overlay
Access Ramp Project 3-B, as completed by S&S Builders. Upon motion, the documents
were received and filed, and Resolution No. 344-20 Accepting the 2020 Asphalt Overlay
Access Ramp Project 3-B and authorizing the final payment to the contractor was
adopted.
RESOLUTION NO. 344-20
ACCEPTING THE 2020 ASPHALT OVERLAY ACCESS RAMP PROJECT 3 -B AND
AUTHORIZING THE FINAL PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the 2020 Asphalt Overlay Access Ramp
Project Three 3-B, (the Project) has been completed by the Contractor, S & S Builders
(Contractor), and the City Engineer has examined the work and signed a certificate stating
that the Project has been completed according to the terms of the Public Improvement
Contract and that the City Engineer recommends that the Project be accepted; and
Whereas, the final contract amount for the Project is $62,706.51; and
Whereas, the Contractor has previously been paid $59,571.18, leaving a balance of
$3,135.33; 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 Finance Director is hereby directed to pay to the Contractor from the
Curb Ramp Program CIP appropriations for the contract amount of $62,706.51 less any
retained percentage provided for therein as provided in Iowa Code.
Section 3. The Finance Director is hereby directed to pay to the Contractor the balance
of the retainage of $3,135.33 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 16th day of November 2020.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF 2020 ASPHALT
OVERLAY ACCESS RAMP PROJECT 3-B
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The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the 2020 Asphalt Overlay Access Ramp Project 3 -B, 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 is $68,977.16.
Dated this 4th day of November 2020.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 4th day of November 2020.
/s/Adrienne N. Breitfelder, City Clerk
15. Dubuque Regional Humane Society Contract Renewal: City Manager
recommended approval of a new two-year agreement with the Dubuque Regional
Humane Society for contracted services related to animal control. Upon motion, the
documents were received, filed, and approved.
16. Liquor License Renewals: City Manager recommended approval of annual beer,
liquor, and wine licenses as submitted. Upon motion, the documents were received and
filed, and Resolution No. 345-20 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. 345-20
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
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
and bonds and otherwise complied with the requirements of the Code of Ordinances.
Renewals
Barrel House Dubuque 299 Main St. Class C Liquor (Outdoor)
(Sunday)
Big 10 Mart Car Wash 1875 J.F. Kennedy Rd. Class C Beer, Class B Native
Wine (Sunday)
Bridge Restaurant The 31 Locust St. Class C Liquor (Sunday)
Grand Harbor Resort &
Water Park
350 Bell St. Class B Liquor (Catering)
(Outdoor) (Sunday)
Hotel Julien Dubuque 200 Main St. Class B Liquor, Class B Wine
(Catering) (Outdoor) (Sunday)
Kwik Stop #848 3201 Central Ave. Class E Liquor, Class B Native
Wine, Class C Beer (Sunday)
Kwik Stop 16th St #300 1215 E 16th St. Class C Beer (Sunday)
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Skinny Maginny's 345 Main St. Class C Liquor, Class B Native
Wine (Outdoor) (Sunday)
Target Store T-0086 3500 Dodge St. Class E Liquor, Class B Wine,
Class C Beer (Sunday)
Yen Ching Restaurant 926 Main St Class C Liquor
Your Pie 806 Wacker Dr. Special Class C Liquor
(Outdoor) (Sunday)
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 submissio n of the locally required
documentation:
Passed, approved, and adopted this 16th day of November 2020.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
PUBLIC HEARINGS
1. Merge Urban Development - 2nd Amendment to Development Agreement: City
Manager recommended approval of a Second Amendment to Development Agreement
with Port of Dubuque LLC. Motion by Cavanagh to receive and file the documents and
adopt Resolution No. 346-20 Approving a Second Amendment to Development
Agreement by and between the City Of Dubuque, Iowa and Port Of Dubuque LLC,
including the proposed issuance of additional Urban Renewal Tax Increment Revenue
Obligations for the development at 480 Ice Harbor Drive. Seconded by Jones. Staff stated
that no online public comments were received regarding this public hearing. Motion
carried 7-0.
RESOLUTION NO. 346-20
APPROVING A SECOND AMENDMENT TO DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF DUBUQUE, IOWA, AND PORT OF DUBUQUE LLC,
INCLUDING THE PROPOSED ISSUANCE OF ADDITIONAL URBAN RENEWAL TAX
INCREMENT REVENUE OBLIGATIONS FOR THE DEVELOPMENT AT 480 ICE
HARBOR DRIVE
Whereas, the City of Dubuque and Port of Dubuque, LLC entered into a Development
Agreement for the development of property located at 480 Ice Harbor Drive in the City of
Dubuque, Iowa (the Property); and
Whereas, the City Council, by Resolution No. 346 -20, dated November 16, 2020,
declared its intent to approve the Second Amendment to Development Agreement, a copy
of which is attached hereto; and
Whereas, pursuant to published notice, a public hearing was held on the proposed
Second Amendment on November 16, 2020, at 6:30 p.m.; and
Whereas, it is the determination of the City Council that approval of the Second
Amendment to Development Agreement, for the development of the Property by Port of
Dubuque LLC according to the terms and conditions set out in the Second Amendment
to Development Agreement, is in the public interest of the City of Dubuque.
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NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Second Amendment to Development Agreement by and between
the City of Dubuque and Port of Dubuque LLC, a copy of which is attached hereto, is
hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Second
Amendment to Development Agreement on behalf of the City of Dubuque and the City
Clerk is authorized and directed to attest to his signature.
Section 3. That the City Manager is authorized to take such actions as are necessary
to comply with the terms of the Second Amendment to Development Agreement as herein
approved.
Passed, approved, and adopted this 16th day of November 2020.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
2. Request to Rezone 801 Rhomberg Avenue - Traditional Zoning Request: Proof of
publication on notice of a public hearing to consider approval of a request from Jeffrey
Morton Architects to rezone property at 801 Rhomberg Ave from C -1 Neighborhood
Commercial to C-2 Neighborhood Commercial Shopping Center District to allow for a
carryout restaurant, and Zoning Advisory Commission recommend ed 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 Resnick. Planning
Services manager Wally Wernimont provided a staff report. Jeff Morton, 206 Bluff Street,
and Chef Kevin Scharpf, 819 Shadow Bluff, Galena, IL, spoke in support of the request
and provided a brief description of the project. 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. 43-20 Amending
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at 801 Rhomberg Avenue from C-1
Neighborhood Commercial District to C-2 Neighborhood Shopping Center District.
Seconded by Resnick. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 43-20
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES,
UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 801 RHOMBERG AVENUE FROM C-1 NEIGHBORHOOD
COMMERCIAL DISTRICT TO C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, is hereby amended by reclassifying the hereinafter–described
property from C-1 Neighborhood Commercial District to C-2 Neighborhood Shopping
Center District, to wit:
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The Southeasterly 95.53 feet of Lot 17 and the Southeasterly 95.53 feet of Lot 3 of
the Subdivision of Lot 18, both in “Dreibelbis Addition, Dubuque” in the Cit y of
Dubuque, Iowa, according to the recorded Plat thereof; and to the centerline of the
adjoining public right-of-way, all in the City of Dubuque, Iowa.
Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning
Advisory 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 16th day of November 2020.
/s/Roy D. Buol, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on the 20th day of November 2020.
/s/Adrienne N. Breitfelder, City Clerk
PUBLIC INPUT
Due to the COVID-19 pandemic and mandates for social distancing, public input was
made available through GoToMeeting phone and chat functions, City Council and City
Clerk email accounts, and the City of Dubuque’s Facebook Live page.
The City Clerk confirmed receipt of email correspondence from Bob Hartig, 1804
Creekwood Drive, expressing his opposition to Action Item No. 1: Plat of Survey of
Annabel Lee Barn Lot Place.
Larry Vogt, 1750 Creekwood Drive; Bob Hartig, 1804 Creekwood Drive; Peter Arling,
1744 Creekwood Drive; Matt Horsfield, 1720 Creekwood Drive, spoke in opposition of
Action Item No. 1: Plat of Survey of Annabel Lee Barn Lot Place.
Kristen and Steve Vaasseen, 2319 Manson Road, spoke in support of Action Item
No. 1: Plat of Survey of Annabel Lee Barn Lot Place.
ACTION ITEMS
1. Plat of Survey of Annabel Lee Barn Lot Place: Zoning Advisory Commission
recommended approval of the Plat of Survey of Annabel Lee Barn Lot Place subject to
waiving the lot frontage requirement for Lot 1. Motion by Roussell to receive and file the
documents and adopt Resolution No. 347-20 Approving the Plat of Survey of Annabel
Lee Barn Lot Place, City of Dubuque, Dubuque County, Iowa. The motion did not receive
a second. Motion by Jones to receive and file the documents and deny the request.
Seconded by Sprank. Motion carried 7-0.
2. Dubuque Bank and Trust, CDC - Engine House #1 Settlement Agreement and
Release: City Attorney recommended approval of the Dubuque Bank & Trust Community
Development Corporation Settlement Agreement and Release. Motion by Jones to
receive and file the documents and approve the agreement. Seconded by Lynch. City
Attorney Brumwell provided a summary of the agreement. Jones provided a summary of
the City’s partnership with Dubuque Bank and Trust on Engine House #1. Motion carried
7-0.
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3. Request for Work Session - Arts and Culture Master Plan Update: City Manager
requested that the City Council schedule a work session on the Arts and Culture Master
Plan Update for Tuesday, January 19, 2021, at 5:00 p.m. Motion by Cavanagh to receive
and file the documents and schedule the work session as recommend. Seconded by
Roussell. No schedule conflicts were noted. Motion carried 7-0.
4. Bee Branch Creek Railroad Culverts Project Presentation and Video Update: Steve
Brown, Engineering Project Manager, and Deron Muehring, Civil Engineer II, presented
an update of the Bee Branch Creek Railroad Culverts Project. Media Services showed a
video update of the Project. Motion by Sprank to receive and file the information and view
the video. Seconded by Resnick. Motion carried 7-0.
COUNCILMEMBER REPORTS
Council Member Sprank reported on volunteering with the Dubuque Labor Harvest
food giveaway on Saturday. Mr. Sprank stated that the organization distributed over 347
boxes of food, demonstrating that COVID-19 is affecting more people. Mr. Sprank
expressed interest in the upcoming food scarcity study to understand food issues
affecting the North End.
CLOSED SESSION
Motion by Jones to convene in closed session at 8:39 p.m. to discuss pending litigation
and the purchase or sale of real estate pursuant to Chapter 21.5(1)(c),(j) Code of Iowa.
Seconded by Cavanagh. Mayor Buol stated for the record that the attorneys who will
consult with City Council on the issues to be discussed in the closed session are City
Attorney Crenna Brumwell and Attorney Dave Schrock. Motion carried 7-0.
Upon motion, the City Council reconvened in open session at 9:38 p.m. having been
updated by staff.
There being no further business, Mayor Buol declared the meeting adjourned at 9:39
p.m.
/s/Adrienne N. Breitfelder, City Clerk