Minutes_City Council Proceedings 5 17 21 Copyrighted
J une 7, 2021
City of Dubuque Consent Items # 1.
City Council Meeting
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: City Council Proceedings of 5/17 and 5/19; Cable TV Commission of
3/10; Community Development Advisory Commission of 5/19; Housing
Commission of 5/11; Human Rights Commission of 4/12; Library Board
of Trustees of 5/27; Proof of Publication for City Council Proceedings of
5/3.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
City Council Proceedings of 5/17/21 Supporting Documentation
City Council Proceedings of 5/19/21 Supporting Documentation
Cable TV Commission Minutes of 3/10/2021 Supporting Documentation
Community Development Advisory Commission Minutes Supporting Documentation
of 5/19/2021
Housing Commission Minutes of 5/11/2021 Supporting Documentation
Human Rights Commission Minutes of 4/12/2021 Supporting Documentation
Library Board of Trustees Council Update of 5/27/2021 Supporting Documentation
Proof of Publication for City Council Proceedings of Supporting Documentation
5/3/21
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 5:30 p.m. on May 17, 2021.
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, Farber, Jones, 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 the quarterly Sustainable Dubuque
update.
WORK SESSION
SUSTAINABLE DUBUQUE QUARTERLY WORK SESSION
Sustainable Community Coordinator Gina Bell introduced Abby Willis and David
Shimek of Green lowa AmeriCorps, who provided a presentation on recent Green lowa
AmeriCorps (GIA) initiatives. Topics included:
• Free Home Energy Audits
• Weatherization
• Energy Saver Kits (ESKs)
• Education Events
• Community Outreach
• Community Impact: Community Services
• Community Impact: Energy Services
• Partners
• GIA in Action
Ms. Bell then introduced Michaela Freibruger, of the Dubuque County Energy District,
who provided a presentation. Topics included:
• Active lowa Energy Districts
• About the Energy District
• How the District Works
• What the Energy District Does
• 2021 DBQCOED Focus
• Energy District Updates
• The Future
• Renter Energy Toolkit
• Renter Storycollecting
1
The presenters responded to questions from the City Council following their
respective presentations.
There being no further business, Mayor Buol declared the meeting adjourned at 6:16
p.m.
/s/Adrienne N. Breitfelder
City Clerk
1 t 5/29
2
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on May 17, 2021.
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, Farber, Jones, Resnick, Roussell,
Sprank; City Manager Van Milligen, City Attorney Brumwell
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
PLEDGE OF ALLEGIANCE
PRESENTATION(S)
1. Women's Leadership Network - Woman of Achievement Awards: Julie Kronlage,
of the Women's Leadership Network, recognized the following City of
Dubuque employee nominees and award recipients of the Women of Achievement
Awards: Cori Burbach; Mary Rose Corrigan; Jennifer Larson; Alexis Steger; Nicole
Salazar; and Arielle Swift. The Public Information Office showed a brief video
summarizing the achievements of the nominees and award recipients.
PROCLAMATION(S)
1. Mental Health Month Proclamation (May 2021) was accepted by Vicki Gassman
on behalf of Mental Health America of Dubuque County.
2. Peace Officers' Recognition Week Proclamation (May 16 - May 22, 2021) was
accepted by Assistant Police Chief Jeremy Jensen on behalf of the City of Dubuque
Police Department.
3. Asian American and Pacific Islander (AAPI) Day Against Bullying and Hate
Proclamation (May 18, 2021) was accepted by Art Roche and Marlynn Livai on behalf of
Inclusive Dubuque and the Pacific Islander Health Project.
4. Emergency Medical Service Week Proclamation (May 16 - May 22, 2021) was
accepted by Sam Janecke, Emergency Medical Services (EMS) Supervisor, on behalf
of the EMS Teams.
3
CONSENT ITEMS
Tim Johnstad, 1255 Southern Ave., requested Item No. 19 be held for separate
discussion. Motion by Resnick to receive and file the documents, adopt the resolutions,
and dispose of as indicated, except for Item No. 19. Seconded by Jones. Motion carried
7-0.
1. Minutes and Reports Submitted: City Council Proceedings of 5/3; Community
Development Advisory Commission of 4/21; Housing Commission of 4/27; Library Board
of Trustees of 3/20, 3/22, 3/24, and 3/25; Zoning Advisory Commission of 5/5; Zoning
Board of Adjustment of 4/22; Proof of Publication for City Council Proceedings of 4/19.
Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Bruce Murphy for property 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 lowa, the agent for the lowa Communities
Assurance Pool: Bruce Murphy for property 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. 154-21 Authorizing the Director of Finance and Budget/City Treasurer
to make certain payments of bills that must be paid and approved for payment in
accordance with City procedures was adopted.
5. Hiring Clerk for Bus Fare Sales and Parking Backup at Intermodal Facility:
City Manager recommended authorization to hire a part-time Confidential Account Clerk
to facilitate bus pass sales and Parking Account clerk duties. Upon motion the documents
were received, filed and approved.
6. March 31, 2021 Quarterly Investment Report: City Manager transmitted the March
31, 2021 Quarterly Investment Report. Upon motion the documents were received and
filed.
7. Proceedings to Complete Action on Issuance of $27,995,000 Tax-Exempt General
Obligation Bonds, Series 2021A and $12,535,000 Taxable General Obligation Bonds,
Series 2021 B: City Manager recommended approval of the suggested proceedings to
complete the action required on the recent Series 2021A and Series 2021 B General
Obligation Bonds. Upon motion the documents were received and filed, and Resolution
No. 155-21 Appointing Paying Agent, Bond Registrar, and Transfer Agent, Approving the
Paying Agent and Bond Registrar and Transfer Agent Agreement and Authorizing the
Execution of the Agreement; Resolution No. 156-21 Authorizing and providing for the
issuance, and levying a tax to pay the Bonds; Approval of the Tax Exemption
Certificate and Continuing Disclosure Certificate; Resolution No. 157-21
4
Appointing Paying Agent, Bond Registrar, and Transfer Agent, Approving the
Paying Agent and Bond Registrar and Transfer Agent Agreement and Authorizing
the Execution of the Agreement; and Resolution No. 158-21 Authorizing and
providing for the issuance, and levying a tax to pay the Bonds; Approval of the
Continuing Disclosure Certificate were adopted.
8. Plat of Survey of Vize Place #2: Zoning Advisory Commission recommended
approval of the Plat of Survey of Vize Place #2, subject to waiving the lot frontage
requirement for Lot 1. Upon motion the documents were received and filed, and
Resolution No. 159-21 Approving the Plat of Survey of: Vize Place #2, Dubuque
County, lowa was adopted.
9. Pre-annexation Agreement - Joseph R. and Kelly L. Pregler: City Manager
recommended approval of a Pre-Annexation Agreement with Joseph R. and Kelly L.
Pregler, for property located at 10829 Cascade Drive, in conjunction with their request
to connect to City water. Upon motion the documents were received and filed, and
Resolution No. 160-21 Approving a Pre-Annexation Agreement between the City of
Dubuque, lowa and Joseph R. and Kelly L. Pregler was adopted.
10. Pre-annexation Agreement - Daved C. and Cheryl A. Peacock: City Manager
recommended approval of a Pre-Annexation Agreement with Daved C. and Cheryl A.
Peacock, for property located at 9607 Monticello Drive, in conjunction with their request
to connect to City water. Upon motion the documents were received and filed, and
Resolution No. 161-21 Approving a Pre-Annexation Agreement between the City of
Dubuque, lowa and Daved C. and Cheryl A. Peacock was adopted.
11. Appointment of Liaison to the Airport Zoning Advisory Commission: Zoning
Advisory Commission recommended approval to appoint Rebecca Kemp and Matthew
Mulligan as the Zoning Advisory Commission liaisons to the Airport Zoning Advisory
Commission. Upon motion the documents were received, filed and approved.
12. Appointment of Liaison to the Airport Zoning Board of Adjustment: Zoning Board of
Adjustment recommended approval to appoint Gwen Kosel and Matt Mauss as the
Zoning Board of Adjustment liaisons to the Airport Zoning Board of Adjustment. Upon
motion the documents were received, filed and approved.
13. Intent to Apply for 2021 BJA Bulletproof Vest Partnership: City Manager
recommended approval to apply for a 2021 BJA Bulletproof Vest Partnership in the
amount of $14,892.50, which is 50% of the cost of the body armor. Upon motion the
documents were received, filed and approved.
14. Restaurant Revitalization Fund Postcard: City Manager provided a copy of the
Restaurant Revitalization Fund public information postcard. Upon motion the documents
were received and filed.
5
15. 2021 - Q2 Update on Childcare Challenges and Collaborations: City Manager
transmitted a quarterly update on the status of collaboration efforts among partners in
Dubuque to address a need for sufficient quality, affordable childcare options in the
community. Upon motion the documents were received and filed.
16. City Support of Woodward Communication's Application for Historic Preservation
Tax Credits: City Manager recommended approval of a resolution supporting an
application for Historic Preservation Tax Credits by Woodward Communications, Inc. to
the lowa Economic Development Authority, the lowa Department of Cultural Affairs, and
the National Park Service for redevelopment of the property at 801 Bluff Street. Upon
motion the documents were received and filed, and Resolution No. 162-21 Supporting
the filing of an application by Woodward Communications, Inc. with the lowa Economic
Development Authority, the lowa Department of Cultural Affairs, and the National Park
Service for Historic Preservation Tax Credits for the redevelopment of 810 Bluff Street
in the City of Dubuque, lowa was adopted.
17. FY21 and FY22 Community Development Block Grant (CDBG) Approval of
Agreements with the Four Mounds Foundation: City Manager recommended approval of
the Community Development Block Grant (CDBG) Agreements with Four Mounds
Foundation for part of the Leisure Services Four Mounds Adventure Day Camp Program.
Upon motion the documents were received, filed and approved.
18. Agreement with Royal Oaks Development Corporation Cedar Ridge Commercial
Park - Cedar Cross Road: City Manager recommended approval of an Agreement with
Royal Oaks Development Corporation for offsite improvements related to the Cedar
Ridge Commercial Park subdivision located on the east side of Cedar Cross Road
between Starlite Drive and Crescent Ridge. Upon motion the documents were received
and filed, and Resolution No. 163-21 Approving an Agreement for construction of certain
off-site public roadway (Cedar Cross Road) and sanitary sewer improvements related to
the Cedar Ridge Commercial Park Subdivision on Cedar Cross Road between the City
of Dubuque, lowa and Royal Oaks Development Corporation was adopted.
19. Signed Contract(s): Strand Associates, Inc. for Catfish Creek Old Mill Road
Sanitary Sewer Pumping Station and Force Main Design Services. Mr. Johnstad spoke
about his concern of not being contacted as a property owner about the sewer pumping
station planned for the property. City Engineer Gus Psihoyos stated that the
Engineering Department is early in the process for the sewer pumping station and that
other potential areas for the sewer pump are being explored. Mr. Psihoyos stated that
his department will be meeting with Mr. Johnstad next week. Responding to a question
from the City Council, City Manager Van Milligen stated that City Council is voting
tonight to acknowledge that he has already signed the contract with Strand Associates,
Inc. Motion by Jones to receive and file the documents. Seconded by Farber. Motion
carried 7-0.
20. Acknowledgement of lowa Communities Assurance Pool (ICAP) Settlement of
Simon vs. City of Dubuque and Dalsing: City Attorney recommended acknowledgement
6
of the settlement release provided by the lowa Communities Assurance Pool (ICAP) in
the Simon vs. City of Dubuque and Dalsing lawsuit. Upon motion the documents were
received, filed and acknowledged.
21. Problem Property Assessment: City Manager recommended adoption of a
resolution authorizing the City to certify problem property charges to the Dubuque County
Treasurer in order to establish real property liens for collection of such charges. Upon
motion the documents were received and filed, and Resolution No. 164-21 Authorizing
the City to Collect Delinquent Problem Property Charges in accordance with 14-1J1
International Property Maintenance Code Section 106.5 and/or Section 109.5 Code of
Ordinances of the City of Dubuque, lowa was adopted.
22. Grass and Weed Cutting and Garbage Collection Assessments: City Manager
recommended adoption of a resolution authorizing the City Clerk to certify grass and
weed cutting and garbage collection charges to the Dubuque County Treasurer in order
to establish real property liens for collection of such charges. Upon motion the documents
were received and filed, and Resolution No. 165-21 Authorizing the City to collect
delinquent grass and weed cutting and garbage collection charges in accordance with
Title 6-4-3A and Title 6-8-2 of the Code of Ordinances of the City of Dubuque, lowa was
adopted.
23. Fiscal Year 2020 Housing & Urban Development (HUD) Continuum of Care
Program Agreement: City Manager recommended approval of an agreement with the
lowa Balance of State and the U.S. Department of Housing & Urban Development (HUD)
for the administration of the Continuum of Care Special Needs Assistance Program
(SNAP) in the amount of $90,583. Upon motion the documents were received and filed,
and Resolution No. 166-21 Approving the Continuum of Care Grant Agreement and
authorizing the Director of Housing and Community Development and the City Manager
to execute and administer the grant was adopted.
24. Approval and Submission of Annual Public Housing Agency (PHA) Plan: City
Manager recommended approval of the submission of the Annual Public Housing Agency
Plan along with the Certification of Consistency with the Consolidated Plan to the U.S.
Department of Housing and Urban Development. Upon motion the documents were
received and filed, and Resolution No. 167-21 Authorizing the Mayor to execute the
certification by State or Local Office of Public Housing Agency (PHA) Plan's Consistency
with the Consolidated Plan and approval of the PHA Annual Plan was adopted.
25. Proposed Amendment to Master Co-Location and Shared Services Agreement
Between the City of Dubuque and Interstate Power and Light: City Manager
recommended approval of an Amendment to the Master Co-Location and Shared
Services Agreement with Interstate Power and Light (IPL) for installation of a shared fiber
conduit route within the City of Dubuque. Upon motion the documents were received, filed
and approved.
7
26. Proposed Conduit License Agreement between City of Dubuque and lowa
Department of Transportation and Proposed Amendment to Master Co Location and
Shared Services Agreement Between the City of Dubuque and Wisconsin Independent
Network: City Manager recommended approval of two interrelated actions. The first is
approval to enter into a Conduit License Agreement with the lowa Department of
Transportation for the use of a two-inch fiberoptics conduit on the Julien Dubuque Bridge.
The second is approval of an Amendment to an existing Master Co-Location and Shared
Services Agreement between the City of Dubuque and Wisconsin Independent Network
(WIN). Upon motion the documents were received, filed and approved.
27. Proposed Amendment to Master Co-Location and Shared Services Agreement
Between the City of Dubuque and Unite Private Network: City Manager recommended
approval of an Amendment to the Master Co-Location and Shared Services Agreement
between the City of Dubuque and Unite Private Network (UPN). Upon motion the
documents were received, filed and approved.
28. Master Co-Location and Shared Services Agreement Between the City of Dubuque
and Dubuque County: City Manager recommended approval of a Master Co-Location and
Shared Services Agreement between the City of Dubuque and Dubuque County for Fiber
Optic Cable and Conduit in the Greater Dubuque Region. Upon motion the documents
were received, filed and approved.
29. Adoption of Code of Ordinances Supplement No. 2021 S-3: City Clerk
recommended adoption of Supplement No. 2021 S-3 to the City of Dubuque Code of
Ordinances that codifies Ordinances Nos. 52-20 and 1-21 through 10-21. Upon motion
the documents were received and filed, and Resolution No. 168-21 Adopting Supplement
No. 2021 S-3 to the Code of Ordinances of the City of Dubuque, lowa was adopted.
30. Alcohol and Tobacco License Applications: City Manager recommended approval
of annual liquor, beer, wine and tobacco license applications as submitted. Upon motion
the documents were received and filed, and Resolution No. 169-21 Approving
applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code
of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article
B Liquor, Beer and Wine Licenses and Permits and Resolution No. 170-21 Approving
applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by lowa
Code Chapter 453A.47A was adopted.
ITEMS SET FOR PUBLIC HEARING
Motion by Resnick to receive and file the documents, adopt the resolutions, and set
the public hearings as indicated. Seconded by Roussell. Motion carried 7-0.
1. Bee Branch Railroad Culvert Trail Project: CIP #3401654, Project#4X0039 and
CIP #7201654, Project #8X0144: City Manager recommended initiation of the public
bidding procedure for the Bee Branch Railroad Culvert Trail Project, and further
recommends that a public hearing be set for June 7, 2021. Upon motion the documents
8
were received and filed, and Resolution No. 171-21 Bee Branch Railroad Culvert Trail
Project: Preliminary approval of plans, specifications, form of contract, and estimated
cost; setting date of public hearing on plans, specifications, form of contract, and
estimated cost; and ordering the advertisement for bids was adopted setting a public
hearing for a meeting to commence at 6:30 p.m. on June 7, 2021 conducted virtually.
2. Fire Station 6 External Stairwell Addition Project Request to Initiate Construction
Bidding - CIP: 350-2706: City Manager recommended initiation of the public bidding
procedure for the Fire Station 6 External Stairwell Addition Project, and further
recommended that a public hearing be set for June 7, 2021. Upon motion the documents
were received and filed, and Resolution No. 172-21 Fire Station 6 External Stairwell
Addition Project: preliminary approval of plans, specifications, form of contract, and
estimated cost; setting date of public hearing on plans, specifications, form of contract,
and estimated cost; and ordering the advertisement for bids was adopted setting a public
hearing for a meeting to commence at 6:30 p.m. on June 7, 2021 conducted virtually.
3. Jule Public Hearing lowa Department of Transportation's Consolidated Funding
Application: City Manager recommended the City Council schedule a public hearing for
June 21, 2021, on the Jule's lowa Department of Transportation Consolidated Funding
Application. Upon motion the documents were received and filed, and Resolution No.173-
21 Setting the date for a public hearing on lowa DOT Consolidated Funding Application
was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June
21, 2021 conducted virtually
[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
accessed at _or by contacting the
City Clerk's Office at 563-589-4100, .]
BOARDS/COMMISSIONS
Appointments were made to the following commission at this meeting.
1. Zoning Advisory Commission: One, 3-Year term through July 1, 2023 (Vacant term
of Smith). Applicant: Teri Zuccaro, 1765 Plymouth Ct. This commission is subject to the
State of lowa Gender Balance Law. 7 Commissioners total; currently 3 males/3
females/1 opening. Motion by Cavanagh to appoint Ms. Zuccaro to the 3-year term
through July 1, 2023. Seconded by Resnick. Motion carried 7-0.
PUBLIC HEARINGS
1. Request to Rezone 3049 Asbury Road - Traditional Zoning Request: Proof of
publication on notice of public hearing to consider approval of a request from Drew Siegert
to rezone property located at 3049 Asbury Road from C-2 Neighborhood Shopping Center
to C-3 General Commercial, and Zoning Advisory Commission recommended approval.
9
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. Stan Irwin, 2140
Judson Dr., spoke in opposition to the rezoning request, expressing concern that nearby
properties may request the same type of rezoning. Mr. Wernimont stated that conditional
rezonings are rare and are permitted by the state. Since the property is directly adjacent
to residential properties, future rezoning is not likely to occur. City Council expressed their
support of the Zoning Advisory Commissions' decision and stated that the conditional use
rezoning was a good compromise. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 19-21 Amending
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at 3049 Asbury Road from C-2
Neighborhood Commercial Shopping Center District to C-3 General Commercial District
with conditions as established in the attached Memorandum of Agreement. Seconded by
Resnick. Motion carried 7-0.
2. Agreement with Affordable Housing Network Inc. (AHNI) for Re-Development of
Bishop Block, 90 Main Street: Proof of publication on notice of public hearing to consider
City Council holding a public hearing on May 17, 2021 to solicit input for a development
agreement with Affordable Housing Network Inc (AHNI) and approve the redevelopment
agreement for 90 Main Street, and City Manager recommended approval. Motion by
Cavanagh to receive and file the documents and adopt Resolution No. 174-21 Approving
an Agreement with Affordable Housing Network, Inc. for the redevelopment of Bishop
Block. Seconded by Jones. Housing and Community Development Director Alexis Steger
and City Manager Van Milligen responded to questions from the City Council regarding
the location of Bishop Block's office, the City's procedure for loans, the City's business
activities with Bishop Block, and the inclusion of Housing Choice Vouchers (HCVs) in the
First Amendment to the Development Agreement. City Council expressed their support
in the revitalization of the property. Motion carried 7-0.
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. Ethain Carin, 1755 Avoca, and Brittany Krapfl, 993 Patricia Ann Dr., requested
City Council repeal the City's Face Covering Ordinance. TJ Weber, 755 Mount Carmel
Rd., was unable to speak due to audio issues, but submitted a comment in the
GoToMeeting chat stating his concurrence with Mr. Carin and Ms. Krapfl's comments
regarding the Face Covering Ordinance.
ACTION ITEMS
1. COVID-19 Update and City Council Face Covering Ordinance Discussion: Mary
Rose Corrigan, Public Health Specialist for the City of Dubuque, provided an update on
the COVID-19 pandemic and response activities as part of the City Council's discussion
10
of the City's Face Covering Ordinance. Motion by Cavanagh to receive and file the
information, listen to the presentation, and refer to the City Council. Seconded by Farber.
Ms. Corrigan provided a power point presentation. Topics included:
• Incident Management Team (IMT)
• New COVID-19 Cases
• COVID-19 Hospitalizations
• Total Deaths — Dubuque County
• Vaccination Progress
• Population over 18 Fully Vaccinated
• Vaccine Breakthrough
• Vaccine Community Education
• Face Covering Ordinance
• Face Covering Ordinance Considerations
Responding to questions from the City Council, Ms. Corrigan stated that 47% of
Dubuque County residents are fully vaccinated and that the vaccination rate for adjacent
counties should continue to be monitored. City Council collectively expressed their
support of repealing the City's Face Covering Ordinance. City Attorney Brumwell stated
that the City Council could vote tonight to direct her to bring forth an ordinance repealing
the City's current Face Covering Ordinance. Voting on the Ordinance must take place at
a meeting, with public notice provided for the respective meeting. Ms. Brumwell stated
that Wednesday, May 19 is the soonest that the City Council can meet. Council Member
Cavanagh amended his motion to receive and file, view the presentation, and direct the
City Attorney's Office to write a new ordinance repealing the City's Face Covering
Ordinance, with the City Council meeting in special session on Wednesday, May 19, 2021
at 5:00 p.m. to consider passage of the ordinance, which would become effective upon
publication. Seconded by Farber. Responding to a question about whether the Ordinance
can be effective immediately, City Attorney Brumwell stated that State Code dictates that
Ordinances are not effective until published in the local newspaper. City Clerk Breitfelder
stated that she would work with the City Attorney to obtain the ordinance and submit it to
the Telegraph Herald for publication as soon as possible after the May 19 meeting. Motion
carried 7-0.
2. Public, Educational, and Government (PEG) Fund Expenditure for City Council
Chambers Upgrade and City Council Hybrid Meeting Discussion: City Clerk and City
Manager recommended approval of the Cable TV Commission
recommendations for funding from the Public, Educational, and Government (PEG)
Capital Grant for Access Equipment and Facilities in a not to exceed amount of $13,000
for the City of Dubuque. If funding is approved, it is further recommended that the City
Council return to City Council Chambers in a hybrid meeting format on July 6, 2021.
Motion by Cavanagh to receive, file and approve the funding request. Seconded by
Jones. City Council Members expressed support in City Council meeting in-person and
discussed the possibility of ineeting in-person for the next City Council meeting. City Clerk
Breitfelder stated that the July 6 meeting date was selected for the first hybrid City Council
meetings based on the tentative implementation of the new technology in mid-June.
Mayor Buol stated that City Council should abide by staff's recommendation to meet in-
person on July 6, 2021. Motion carried 7-0.
11
3. Amendment of City Ordinance 9-14-321.645: City Manager recommended
amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic,
Chapter 14 Parking, Division 3 Municipal Parking Lots, Section 9-14-321.645 Meters,
Time and Fee Schedule for Specific Lots. 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 Roussell. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 20-21 Amending
City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14
Parking, Division 3 Municipal Parking Lots, Section 9-14-321.645 Meters; Time and Fee
Schedule for Specific Lots. Seconded by Roussell. Motion carried 7-0.
4. Moody's Investors Service Upgrade of Credit Rating on Water Enterprise Revenue
Bonds: City Manager submitted the credit rating upgrade report from Moody's Investors
Service on the outstanding water enterprise revenue bonds. Moody's Investors Service
upgraded the City's credit rating of A2 to A1 on the water enterprise revenue bonds.
Motion by Roussell to receive and file the documents. Seconded by Farber. Motion
carried 7-0.
5. Tiffany Court - Lead Mine Sinkhole Subsidence Remediation Project: Approve
Cooperative 28E Agreement with State of lowa and approve Tiffany Court Mine
Remediation Site Access Agreement: City Manager recommended City Council approval
of a resolution authorizing the Mayor to execute a Cooperative 28E Agreement between
the lowa Department of Agriculture and Land Stewardship and the City of Dubuque, and
the Property Owner Site Access Agreements to allow for the remediation and mitigation
of the lead mine sinkhole subsidence that developed at 2784 and 2792 Tiffany Court.
Motion by Roussell to receive and file the documents and adopt Resolution No. 175-21
Approving a Cooperative 28E Agreement with the lowa Department of Agriculture and
Land Stewardship and approving Property Owner Site Access Agreements for a project
to remediate and mitigate the lead mine sinkhole subsidence at 2784 and 2792 Tiffany
Court. Seconded by Resnick. City Council expressed support for the agreement and
thanked staff for their work. Motion carried 7-0.
6. Revised Sidewalk Replacement Policy Proposal Related to Street Tree Impacted
Sidewalks: City Manager recommended City Council approval of a revision to the
sidewalk replacement policy related to street tree impacted sidewalk, which includes not
assessing the abutting property owner for the sidewalk replacement caused by the former
location of a City street tree effective May 17, 2021. Motion by Jones to receive and file
the documents and approve the policy. Seconded by Cavanagh. City Council expressed
support of the policy and that it addresses safety hazards. Motion carried 7-0.
7. Proposed Service Agreement with CGM, LLC for Provision of an Enrollment Portal
and Customer Service System for Access to Federally Available Broadband Subsidies by
Qualifying Dubuque Residents: City Manager recommended City Council approval of a
service agreement with CGM, LLC that will create an improved opportunity for qualifying
12
Dubuque residents to take advantage of Federally funded broadband internet subsidies.
Motion by Jones to receive and file the documents and approve the agreement. Seconded
by Cavanagh. Motion carried 7-0.
8. John F. Kennedy Road Sidewalks Discussion: City Clerk transmitted historical
information about the John F. Kennedy Road sidewalks. Motion by Roussell to receive
and file the information and refer to City Council. Seconded by Resnick. City Council
discussed the history of City Council's policies on John F. Kennedy Road sidewalks and
expressed support on moving forward with consideration of sidewalks and receiving
information from City staff. Council Member Roussell amended the motion to receive and
file the information and receive a staff update on costs for residents. Seconded by
Resnick. Motion carried 7-0.
9. Request to Schedule Work Session - Childcare Challenges and Progress: City
Manager requested the City Council schedule a work session for July 19, 2021 at 5:45
p.m. regarding childcare challenges and progress. Motion by Cavanagh to receive and
file the documents and schedule the work session as recommended. Seconded by
Resnick. No schedule conflicts were expressed. Motion carried 7-0.
10. Request to Schedule Work Session - Equity Plan Progress Report: City Manager
requested the City Council schedule a work session for August 2, 2021 at 5:00 p.m. on
the Equity Plan Progress Report. Motion by Cavanagh to receive and file the documents
and schedule the work session as recommended. Seconded by Sprank. No schedule
conflicts were expressed. Motion carried 7-0.
11. Request to Reschedule Work Session - Sustainable Dubuque Quarterly Update:
City Manager requested the City Council move the August 16, 2021, Sustainable
Dubuque Work Session to September 7, 2021 at 5:30 pm to accommodate a scheduling
conflict. Motion by Cavanagh to receive and file the documents and schedule the work
session as recommended. Seconded by Roussell. No schedule conflicts were
expressed. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Roussell reported on her recent volunteer work with Dubuque Trees
Forever and thanked Council Member Sprank for his help planting trees with other
volunteers this past Saturday.
CLOSED SESSION
Motion by Jones to convene in closed session at 9:38 p.m. to discuss purchase or
sale of real estate - Chapter 21.5(1),(j) Code of lowa. Seconded by Farber. Mayor Buol
stated for the record that the attorney who will consult with City Council on the issues to
be discussed in the closed session is City Attorney Crenna Brumwell. Motion carried 7-
0.
13
Upon motion, the City Council reconvened in open session at 10:14 p.m. stating that
staff had been given proper direction.
There being no further business, Mayor Buol declared the meeting adjourned at
10:15 p.m.
/s/Adrienne N. Breitfelder
City Clerk
1 t 5/29
14