10 04 21 City Council Proceedings OfficialCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on October 4, 2021, in the
second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell,
Sprank; City Manager Van Milligen, City Attorney Brumwell.
Mayor Buol read the call and stated this is a regular session of the City Council called for the
purpose of conducting such business that may properly come before the City Council.
PLEDGE OF ALLEGIANCE
PRESENTATION(S)
1. Native American Land Acknowledgement: Mayor Buol began the meeting by reading a
land acknowledgement to recognize the long history of nations who lived and still live in
Dubuque.
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. Energy Efficiency Day (October 6, 2021) was accepted by Sustainable Community
Coordinator Gina Bell on behalf of Sustainable Dubuque.
2. Indigenous Peoples' Day (October 11, 2021) was accepted by Jody Durnin on behalf of
the Dubuque for Indigenous Peoples' Day Committee.
3. Sister City Relationships Recognition Days (October 14 - 16, 2021) was accepted by
Chairperson Kevin Firnstahl on behalf of the Sister City Relationships Committee of Travel
Dubuque.
4. Dubuque Lowe's Community Day (October 17, 2021) was accepted by Mike Bryson on
behalf of Dubuque Lowe's.
5. Arts & Humanities Month (October 2021) was accepted by Arts and Cultural Affairs
Coordinator Jenni Petersen-Brant on behalf of the Arts and Cultural Affairs Advisory
Commission.
6. Brain Health Awareness Month (October 2021) was accepted by Peter Supple on behalf
of the Brain Health Now Stakeholders.
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of
as indicated. Seconded by Sprank. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council proceedings of 9/20; Arts and Cultural Affairs
Commission of 7/27 and 8/24; Housing Commission of 8/24; Human Rights Commission of 8/9;
Library Board of Trustees of 8/26; Library Board of Trustees Update of 9/23. Upon motion the
documents were received and filed.
2. Notice of Claims and Suits: GRTD Investments, LLC for vehicle damage; Joshua-James
Richards for personal injury. 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:
GRTD Investments, LLC for vehicle damage; Joshua-James Richards for personal injury. 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. 329-21 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.
RESOLUTION NO. 329-21
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
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 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 Exp enditures 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 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 4th day of October, 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
5. Fiscal Year 2021 City Street Financing Report: City Manager recommended approval of
the City of Dubuque’s Fiscal Year 2021 City Street Financi ng Report and authorize filing with
the Iowa Department of Transportation. Upon motion the documents were received and filed,
and Resolution No. 330-21 Approving the City of Dubuque Fiscal Year 2021 City Street
Financing Report was adopted.
RESOLUTION NO. 330-21
APPROVING THE CITY OF DUBUQUE FISCAL YEAR 2021 CITY STREET FINANCING
REPORT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Street Finance Report for the period of July 1, 2020, to June 30,
2021, is hereby approved and that the City Clerk is hereby authorized and directed to file said
report with the Iowa Department of Transportation.
Passed, approved and adopted this 4th day of October 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
6. Proposed Downtown Rehabilitation Grant Award for 1699 Iowa Street : City Manager
recommended approval of a Downtown Rehabilitation Loan Program Grant Award in the amount
of $35,000 to Unitarian Universalist Fellowship of Dubuque for a façade grant, a planning &
design grant, and a financial consultant grant for 1699 Iowa Street. Upon motion the documents
were received and filed, and Resolution No. 331-21 Approving a Grant Agreement between the
City of Dubuque, Iowa and Unitarian Universalist Fellowship of Dubuque, Iowa for the
redevelopment of 1699 Iowa Street was adopted.
RESOLUTION NO. 331-21
APPROVING A GRANT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND
UNITARIAN UNIVERSALIST FELLOWSHIP OF DUBUQUE, IOWA FOR THE
REDEVELOPMENT OF 1699 IOWA STREET
Whereas, Unitarian Universalist Fellowship of Dubuque, Iowa is the owner of the building at
1699 Iowa Street in the City of Dubuque, Iowa (the “Development Property”) legally described
as:
The North 50 feet of the East ½ of Out Lot 746 in the City of Dubuque, Iowa,
according to the United States Commissioners’ Map of the Survey of the Town
of Dubuque, Iowa,
; and
Whereas, Unitarian Universalist Fellowship of Dubuque, Iowa has applied to the City of
Dubuque Economic Development Department (the “City”) for a Façade Grant, a Planning &
Design Grant, and a Financial Consultant Grant (the “Grants”) for the rehabilitation of the
Development Property (the “Project”); and
Whereas, the Project is eligible for the Grants; and
Whereas, City and Unitarian Universalist Fellowship of Dubuque, Iowa has tentatively
entered into a Grant Agreement for the Development Property (the “Grant Agreement”), a copy
of which is attached hereto; and
Whereas, it is the determination of the City Council that approval of the Grant Agreement for
redevelopment of the Development Property by Unitarian Universalist Fellowship of Dubuque,
Iowa, 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:
Section 1. That the Grant Agreement between the City of Dubuque and Unitarian Universalist
Fellowship of Dubuque, Iowa is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Grant 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 Grant Agreement as herein approved.
Passed, approved and adopted this 4th day of October, 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
7. Proposed Downtown Rehabilitation Grant Award for 2535 Central Avenue: City Manager
recommended approval of a Downtown Rehabilitation Grant Award to TKWJ Estates, LLC in
the maximum amount of $50,000 for 2535 Central Avenue . Upon motion the documents were
received and filed, and Resolution No. 332-21 Approving a Grant Agreement between the City
of Dubuque, Iowa and TKWJ Estates, LLC for the redevelopment of 2535 Central Avenue was
adopted.
RESOLUTION NO. 332-21
APPROVING A GRANT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND
TKWJ ESTATES, LLC FOR THE REDEVELOPMENT OF 2535 CENTRAL AVENUE
Whereas, TKWJ Estates, LLC is the owner of the building at 2535 Central Avenue in the City
of Dubuque, Iowa (the “Development Property”) legally described as:
Lot 1, Lot 2, Lot 1 of Lot 3, Lot 2 of Lot 3, and Lot 4, al l of “Dunn’s Subdivision”,
and Lot 2 of Lot 1 of Lot 2 of Lot 1 of Lot 18 of John King’s Dubuque”, in the City
of Dubuque, Iowa, according to the Recorded Plats of said respective
Subdivisions.
; and
Whereas, TKWJ Estates, LLC has applied to the City of D ubuque Economic Development
Department (the “City”) for a Downtown Housing Incentive Grant (the “Grant”) for the
rehabilitation of the Development Property (the “Project”); and
Whereas, the Project is eligible for the Grants; and
Whereas, City and TKWJ Estates, LLC has tentatively entered into a Grant Agreement for
the Development Property (the “Grant Agreement”), a copy of which is attached hereto; and
Whereas, it is the determination of the City Council that approval of the Grant Agreement for
redevelopment of the Development Property by TKWJ Estates, 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:
Section 1. That the Grant Agreement between the City of Dubuque and TKWJ Estates, LLC
is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Grant 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 Grant Agreement as herein approved.
Passed, approved and adopted this 4th day of October, 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
8. Fiscal Year 2022 Main Street Iowa Program Agreement: City Manager requested approval
of the Program Agreement through a resolution among Dubuque Main Street L TD., the City of
Dubuque, and the Iowa Economic Development Authority. Upon motion the documents were
received and filed, and Resolution No. 333-21 Approving an Agreement by and among the Iowa
Economic Development Authority, Dubuque Main Street, L TD. and the City of Dubuque
providing for the Dubuque Main Street Program in the City of Dubuque was adopted.
RESOLUTION NO. 333-21
APPROVING AN AGREEMENT BY AND AMONG THE IOWA ECONOMIC DEVELOPMENT
AUTHORITY, DUBUQUE MAIN STREET, LTD. AND THE CITY OF DUBUQUE PROVIDING
FOR THE DUBUQUE MAIN STREET PROGRAM IN THE CITY OF DUBUQUE
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 revitalization 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 revitalization
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 developed 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:
Section 1. That the City of Dubuque hereby agrees to support both financially and
philosophically the work of Dubuque Main Street, LTD., designates the Main Street, LTD. Board
to supervise the Executive Director, and commits to appoint a City of ficial to represent the City
on the local Main Street LTD. Board. The source of funds to support Dubuque Main Street will
be from the City’s General Fund.
Section 2. That the Mayor is hereby authorized and directed to execute the attached
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 Agreement as herein approved.
Passed, approved and adopted this 4th day of October, 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
9. Transmission of 2021-2022 Art on the River Promotional Brochure and Purchasing
Information: City Manager transmitted information on the 2021-2022 Art on the River
promotional brochure and purchasing information. Upon motion the documents were received
and filed.
10. Amendment to Development Agreement - Derby Grange, LLC: City Manager requested
review and approval of a resolution amending the development agreement and the amendment
to the development agreement with Derby Grange, LLC. Upon motion the documents were
received and filed, and Resolution No. 334-21 Approving the First Amendment to Development
Agreement between the City of Dubuque, Iowa and Derby Grange, LLC was adopted.
RESOLUTION NO. 334-21
APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF DUBUQUE, IOWA AND DERBY GRANGE, LLC
Whereas, City and Developer previously entered into a Development Agreement dated the
4th of November 2015 (the Development Agreement) for the development of property on Derby
Grange Road (the Development Property); and
Whereas, the Developer originally planned a three (3) phase development of residential units
on the Development Property; and
Whereas, the Developer has sold Phase 3 of the Development Property for construction of a
residential cooperative ownership development; and
Whereas, City and Developer have agreed to this Amendment to the Development
Agreement to remove Phase 3 from the Development Agreement; and
Whereas, the City Council believes it is in the best interests of the City of Dubuque to approve
the First Amendment to Development Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA AS
FOLLOWS:
Section 1. The City of Dubuque hereby approves the First Amendment to Development
Agreement between the City of Dubuque and Derby Grange, LLC.
Section 2. The Mayor is authorized and directed to sign the First Amendment to Development
Agreement on behalf of the City of Dubuque.
Passed, approved and adopted this 4th day of October, 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
11. Resolution Approving the Sale of Property by 210 Jones, LLC and Resolution Approving
the Third Amendment to the Development Agreement: City Manager recommended approval of
a Resolution approving the sale of the Development Property by 210 Jones, LLC to Dubuque
Idea Campus, LLC and approval of a Resolutio n approving the Third Amendment to
Development Agreement. Upon motion the documents were received and filed, and Resolution
No. 335-21 Approving the sale of real estate owned by 210 Jones, LLC and Resolution No. 336-
21 Approving the Third Amendment to Deve lopment Agreement between the City of Dubuque,
Iowa and 210 Jones, LLC were adopted.
RESOLUTION NO. 335-21
APPROVING THE SALE OF REAL ESTATE OWNED BY 210 JONES, LLC
Whereas, 210 Jones, LLC is the owner of the following described real estate:
Lot 1 of City Lot 541, Lot 2 of City Lot 541, City Lot 542, Lot 1 of Lot 2 of City Lot 543, Lot
2 of Lot 2 of City Lot 543, Lot “A” of “Vacated Shields Street”, and, Lot 2 of Lot “D” of “Vacated
Shields Street”, in the City of Dubuque, Iowa, according to the United States Commissioners’
Map of the Survey of the Town of Dubuque, Iowa, and the recorded plats of said respective
subdivisions
locally known as 210 Jones Street, Dubuque, Iowa (the Development Property); and
Whereas, the City of Dubuque (City) and 210 Jones, LLC entered into a Development
Agreement dated for reference June 19, 2017 for the development of the Development Property;
and
Whereas, the Development Agreement requires City consent to any sale of the Development
Property during the term of the Development Agreement; and
Whereas, 210 Jones, LLC has entered into a purchase agreement with Dubuque Idea
Campus, LLC for the sale of the Development Property; and
Whereas, 210 Jones, LLC has requested City consent to the sale of the Development
Property; and
Whereas, 210 Jones, LLC will continue as the Developer under the Development Agreement
and will retain all of the obligations of the Developer in the Development Agreement.
Whereas, the City Council finds that it is in the interest of the City of Dubuque to consent the
sale of the Development Property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
1. The City Council hereby approves the sale of the Development Property by 210 Jones,
LLC to Dubuque Idea Campus, LLC.
2. The Mayor is hereby authorized and directed to sign this Resolution on behalf of the City
of Dubuque.
Passed, approved and adopted this 4th day of October, 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
RESOLUTION NO. 336-21
APPROVING THE THIRD AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF DUBUQUE, IOWA AND 210 JONES, LLC
Whereas, 210 Jones, LLC is the owner of the following described real estate:
Lot 1 of City Lot 541, Lot 2 of City Lot 541, City Lot 542, Lot 1 of Lot 2 of City Lot 543, Lot
2 of Lot 2 of City Lot 543, Lot “A” of “Vacated Shields Street”, and, Lot 2 of Lot “D” of “Vacated
Shields Street”, in the City of Dubuque, Iowa, according to the United States Commissioners’
Map of the Survey of the Town of Dubuque, Iowa, and the recorded plats of said respective
subdivisions
locally known as 210 Jones Street, Dubuque, Iowa (the Development Property); and
Whereas, the City of Dubuque (City) and 210 Jones, LLC entered into a Development
Agreement dated for reference June 19, 2017 for the development of the Development Property;
and
Whereas, the Development Agreement requires City consent to any sale of the Development
Property during the term of the Development Agreement; and
Whereas, 210 Jones, LLC has entered into a purchase agreement with Dubuque Idea
Campus, LLC for the sale of the Development Property; and
Whereas, 210 Jones, LLC has requested City consent to the sale of the Development
Property; and
Whereas, 210 Jones, LLC will continue as the Developer u nder the Development Agreement
and will retain all of the obligations of the Developer in the Development Agreement; and
Whereas, to assure the performance of the covenants of the Development Agreement by the
owner of the Development Property, Dubuque Idea Campus, LLC is proposed to be added as
a party to the Development Agreement by the Third Amendment; and
Whereas, City is willing to consent to the sale subject to the terms and conditions of the Third
Amendment to Development Agreement; and
Whereas, the City Council finds that it is in the interest of the City of Dubuque to approve the
Third Amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
1. The City Council hereby approves the Third Amendment to Development Agreement.
2. The Mayor is hereby authorized and directed to sign this Resolution and the Third
Amendment on behalf of the City of Dubuque.
Passed, approved and adopted this 4th day of October, 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
12. Fiscal Year 2022 Contracted Service Agreement: DuRide: City Manager recommended
approval of a Contracted Services Agreement for Fiscal Year 2022 with DuRide for $30,000 to
provide transportation services for senior citizens. Upon motion the documents were received,
filed, and approved.
13. Multicultural Family Center Summer Teen Empowerment Program (STEP) 2021
Outcomes: City Manager transmitted information on the Multicultural Family Center Summer
Teen Empowerment Program (STEP) 2021 outcomes. Upon motion the documents were
received and filed.
14. Pre-Annexation Agreement - River City Stone Company: City Manager recommended
approval of a Pre-Annexation Agreement with River City Stone Company, in conjunction with
their request for approval of a Final Plat. Upon motion the documents were received and filed,
and Resolution No. 337-21 Approving a Pre-Annexation Agreement between the City of
Dubuque, Iowa and River City Stone Company was adopted.
RESOLUTION NO. 337-21
APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE,
IOWA AND RIVER CITY STONE COMPANY
Whereas, River City Stone Company, the owner of the following described property located
east of Settlers Lane and adjacent to 8205 Forest Way 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 in Stone Quarry Subdivision, Dubuque County, Iowa
Whereas, River City Stone Company has entered into a Pre-annexation Agreement with the
City of Dubuque, a copy of which is attached hereto governing the future annexation of the
Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in
Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the
City of Dubuque, necessary for the future orderly growth and development of the City of
Dubuque, and will promote efficient and cost-effective extension of municipal services; and
Whereas, the City Council finds that the annexation of the Property is in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre-annexation Agreement by and between River City Stone Company and
the City of Dubuque is hereby approved.
Passed, approved and adopted this 4th day of October 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
15. Improvement Contracts / Performance, Payment and Maintenance Bonds : McDermott
Excavating Company for the South Gate Drive to Simpson Street Water Main Project; River City
Paving for the 2021 Airport Parking Lot Resurfacing Project. Upon motion the documents were
received, filed, and approved.
16. Tiffany Court - Lead Mine Sinkhole Remediation Project: Award of Public Improvement
Construction Contract: City Manager recommended award of the construction contract for the
Tiffany Court – Lead Mine Sinkhole Remediation Project to the low bidder, S&S Builders, based
on the concurrence from Iowa Department of Agriculture a nd Land Stewardship. Upon motion
the documents were received and filed, and Resolution No. 338-21 Awarding Public
Improvement Contract for the Tiffany Court - Lead Mine Sinkhole Remediation Project was
adopted.
RESOLUTION NO. 338-21
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE TIFFANY COURT - LEAD
MINE SINKHOLE REMEDIATION PROJECT
Whereas, sealed proposals have been submitted by contractors for the Tiffany Court - Lead
Mine Sinkhole Remediation Project, (the Project) pursuant to Resolution No. 306-21 and Notice
to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide
circulation on the 10th day of September 2021; and
Whereas, said sealed proposals were opened and read on the 28th day of September 2021
and it has been determined that S&S Builders of Dubuque, IA submitted the low bid in the
amount of $163,666.09, and is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to S&S Builders and
the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the
City of Dubuque for the Project.
Passed, adopted, and approved this 4th day of October 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
17. Water Main Extension to Tamarack Park (Phase 2) Amendment to change Date of Project
Completion: City Manager recommended approval of an Amendment to Pre-Annexation
Agreement between the City of Dubuque and Jon D. Luckstead to revise the project completion
date to be set for on or before May 31, 2023. Upon motion the documents were received, filed,
and approved.
18. Eagle Point Water Treatment Plant Process and Condition Assessment Project 2021:
Award of Professional Engineering Contract: City Manager recommended approval to enter into
final contact negotiations for professional engineering services with Strand Associ ates for the
Eagle Point Water Treatment Plant Process and Condition Assessment Project 2021 for a not
to exceed amount of $187,093. Upon motion the documents were received, filed, and approved.
19. 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. 339-21 Approving applications for beer, liquor, and/or wine permits, as required
by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2
Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted.
RESOLUTION NO. 339-21
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
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, provisionally approved,
and/or 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 fee s and bonds
and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted
permit types to the following applicants pending submission of the locally required
documentation:
Renewals
Boaz BBQ, 1689 Elm St.
Chipotle Mexican Grill, 3450 Dodge St. Suite 101
Denny's Lux Club, 3050 Asbury Rd.
Eagle Country Market, 1800 Elm St.
Fat Tuesday's, 1121 University Ave.
Hy-Vee 1 Clubroom, 3500 Dodge St. Clubroom Area
The Copper Kettle Inc., 2987 Jackson St.
Wal-Mart Supercenter 2004, 4200 Dodge St.
Special Event(s) per Special Event Application Submittal
Travel Dubuque 10-13-21 to 10-17-21, 955 Washington St.
New
Wayfarer Coffee, 955 Washington St. #105
Passed, approved, and adopted this 4th day of October 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Jones to receive and file the documents, adopt the resolutions, and set the public
hearings as indicated. Seconded by Farber. Motion carried 7-0.
1. Water Service Connection Charge Assessment - 1951 W. 32nd Street Set Public Hearing
Date: City Manager recommended the City Council set a public hearing for October 18, 2021,
for the establishment of the Final Schedule of Assessments for 1951 W 32nd Street for a water
service connection charge. Upon motion the documents were received and filed and Resolution
No. 340-21 Setting a public hearing on the Voluntary Assessment Agreement for Water
Connection Fee for 1951 W. 32nd Street was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on October 18, 2021, in the Historic Federal Building.
RESOLUTION NO. 340-21
SETTING A PUBLIC HEARING ON THE VOLUNTARY ASSESSMENT AGREEMENT FOR
WATER CONNECTION FEE FOR 1951 W. 32ND STREET
Whereas, Terry and Connie Hackbarth (Hackbarths’), the owners of 1951 W. 32nd Street,
approached the City about connecting to the City of Dubuq ue water system; and
Whereas, the Hackbarths’ home is currently on a well which is failing; and
Whereas, the Hackbarths’ requested to do a voluntary assessment to cover the water
connection fee associated with the connection of their property to the City water system; and
Whereas, a connection can be made to the City water system by the Hackbarths’ to provide
their property with a safe and reliable source of water; and
Whereas, the City is agreeable to connecting the Hackbarths’ to the City water system; and
Whereas, the City is agreeable to doing a Voluntary Assessment Agreement for the Water
Connection Fee; and
Whereas, the Hackbarths’ have waived the requirements for published and mailed notice of
the public hearing; and
Whereas, the proposed Voluntary Assessment Agreement, are hereby preliminarily approved
and ordered filed in the office of the City Clerk for public inspection, and
Whereas, a public hearing is required by state code on the assessment.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council shall conduct a public hearing on the proposed Voluntary
Assessment Agreement in the City Council Chambers at the Historic Federal Building, 350 W.
6th Street, Dubuque, Iowa on the 18th day of October 2021 beginning at 6:30 p.m. at which time
the owners of property subject to assessment or any other person having an interest in the
matter may appear and be heard for or against entering into the Voluntary Assessment
Agreement.
A property owner will be deemed to have waived all objections unless at the time of hearing
the property owner has filed objections with the City Clerk.
Passed, adopted, and approved this 4th day of October 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
2. Resolution of Necessity for the Amendment of the Dubuque Industrial Center Economic
Development District Urban Renewal Plan, Version 2021.6 : City Manager recommended City
Council approval of a Resolution of Necessity that finds that an Amended a nd Restated Urban
Renewal Plan for the Dubuque Industrial Center Economic Development District is both
necessary and appropriate and sets a public hearing on the proposed amendment for November
1, 2021. Upon motion the documents were received and filed and Resolution No. 341-21
Authorizing and directing the City Manager to prepare an Amended and Restated Urban
Renewal Plan for the Dubuque Industrial Center Economic Development District and setting
dates for the public hearing and consultation process on the proposed Amended and Restated
Urban Renewal Plan for said district was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on November 1, 2021, in the Historic Federal Building.
RESOLUTION NO. 341-21
AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN AMENDED AND
RESTATED URBAN RENEWAL PLAN FOR THE DUBUQUE INDUSTRIAL CENTER
ECONOMIC DEVELOPMENT DISTRICT AND SETTING DATES FOR THE PUBLIC
HEARING AND CONSULTATION PROCESS ON THE PROPOSED AMENDED AND
RESTATED URBAN RENEWAL PLAN FOR SAID DISTRICT.
Whereas, the City Council of the City of Dubuque has heretofore approved the Amended and
Restated Urban Renewal Plan (the “Plan” or “Urban Renewal Plan”) for the Dubuque Industrial
Center Economic Development District (the “District”) in order to provide redevelopment
opportunities which will further the purposes and objectives of the foregoing Urban Renewal
Plan; and
Whereas, City staff has recommended that the Plan be amended to expand the District; and
Whereas, Iowa Code Chapter 403 requires that before a Plan may be modified, the City
Council must follow the notification, consultation, and public hearing process set forth therein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Manager is authorized and directed to prepare an Amended and
Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development
District to include in such Plan any appropriate project activities and details, and to determine
an appropriate date for and conduct the consultation process required by law with affected taxing
entities concerning the proposed amendment.
Section 2. That the City Council hold a public hearing on the adoption of the proposed
Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic
Development District on November 1, 2021 at 6:30 p.m. in the form attached hereto. The notice
of said hearing shall generally identify the areas covered by the Plan and the general scope of
the urban renewal activities planned for such areas, and said notice shall be published in a
newspaper having general circulation within the City not less than four days nor more than
twenty days before the date of said meeting. A copy of the notice of public hearing shall be sent
by ordinary mail to the affected taxing entities.
Section 3. That the Economic Development Department is further directed to send by ordinary
mail a copy of said Plan, the notice of public hearing, a notice of consultation, and, to the extent
the Plan includes the use of tax increment revenues for a public building, an analysis of
alternative development and funding options for such public buildings, to the Dubuque
Community School District and the Dubuque County Board of Supervisors, as the affected
taxing entities.
Passed, approved and adopted this 4th day of October, 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
3. Set for Public Hearing - River City Development Group, LLC Voluntary Annexation
Request: City Manager recommended the City Council set a public hearing for November 1,
2021, on the 100% voluntary annexation request filed by River City Development Group, LLC
for approximately 156.25 acres of property. Upon motion the documents were received and filed
and Resolution No. 342-21 Setting a public hearing on an application for voluntary annexation
of territory to the City of Dubuque, Iowa was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on November 1, 2021, in the Historic Federal Building.
RESOLUTION NO. 342-21
SETTING A PUBLIC HEARING ON AN APPLICATION FOR VOLUNTARY ANNEXATION OF
TERRITORY TO THE CITY OF DUBUQUE, IOWA
Whereas, the City Council of Dubuque has received a written application from River City
Development Group, LLC for the voluntary annexation of 156.25 acres of property. The property
is located west of the Southwest Arterial and north of Tamarack Business Park as shown on
Exhibit A and legally described as:
Lot 2 of Wertzberger Acres No. 3, in Table Mound Township, Dubuque County, Iowa,
according to the recorded Plat thereof; and
The Southwest 1/4 of the Northeast 1/4, Lot 1 of the Northwest 1/4 of the Northeast 1/4,
Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4, and Lot 2 of the Southeast 1/4 of
the Northeast 1/4, in Section 14, Township 88 North, Range 2 East of the 5th P.M., in
Dubuque County, Iowa, according to United States Government Survey and the recorded
Plats thereof, excepting therefrom that land acquired for highway right of way by the Iowa
Department of Transportation known as Lot A of Lot 1 of the Northwest 1/4 of the Northeast
1/4 and of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the
Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North, Range 2 East of
the 5th P.M., County of Dubuque, State of Iowa, containing 11.95 acres and as shown and
described in the Warranty Deed filed as Instrument Number 2010-00003964 in the
Dubuque County Recorder’s Office, and excepting therefrom that land acquired for highway
right of way by the Iowa Department of Transportation known as Lot B of Lot 1 of Lot 1 of
the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the Southeast 1/4 of the Northeast
1/4, all in Section 14, Township 88 North, Range 2 East of the 5th P.M., County of
Dubuque, State of Iowa, containing 0.62 acres and as shown and described in the Warranty
Deed filed as Instrument Number 2011-00011776 in the Dubuque County Recorder’s Office
Whereas, the annexation territory is not subject to an existing annexation mor atorium
agreement and does not include any railroad property; and
Whereas, the annexation territory does not include State owned property; and
Whereas, Chapter 368 of the Code of Iowa authorizes this annexation by adoption of a
resolution and required notification; and
Whereas, the annexation territory is consistent with the City’s Comprehensive Plan; and
Whereas, the future growth and development of the City of Dubuque, Iowa makes it desirable
that the annexation territory be made part of the City of Dubu que, Iowa; and
Whereas, the City of Dubuque has the capacity to provide substantial municipal services to
the annexation territory; and
Whereas, the annexation is in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
A public hearing will be held on the 1st day of November, 2021, at 6:30 p.m. in the Historic
Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa, at
which time interested persons may appear and be heard for or against the proposed annexation,
and the City Clerk be and is hereby directed to cause the attached notice of the time and place
of such hearing to be published in a newspaper having general circulation in the City of
Dubuque, Iowa, which notice shall be published not less than fourteen days prior to the date of
such hearing.
Passed, approved, and adopted this 4th day of October 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
4. Set for Public Hearing - City of Dubuque Voluntary Annexation Request: City Manager
recommended the City Council set a public hearing for November 1, 2021, on the 100%
voluntary annexation request filed by the City of Dubuque for approximately 51.56 acres of
property. Upon motion the documents were received and filed and Resolution No. 343-21
Setting a public hearing on an application for voluntary annexation of territory to the City of
Dubuque, Iowa was adopted setting a public hearing for a meeting to commence at 6:30 p.m.
on November 1, 2021, in the Historic Federal Building.
RESOLUTION NO. 343-21
SETTING A PUBLIC HEARING ON AN APPLICATION FOR VOLUNTARY ANNEXATION OF
TERRITORY TO THE CITY OF DUBUQUE, IOWA
Whereas, the City Council of Dubuque has received a written application from the City of
Dubuque for the voluntary annexation of 51.56 acres of property. The property is comprised of
the western on and off ramps of the intersection of the Southwest Arterial and US Hwy 151/61
and the intersection of Tamarack Drive and the Southwest Arterial.as shown on Exhi bit A and
legally described as:
All that land acquired for highway right of way by the Iowa Department Of Transportation
known as Lot A of Lot 1 of the northwest 1/4 of the northeast 1/4 and of Lot 1 of Lot 1 of the
northeast 1/4 of the northeast 1/4 and of Lot 2 of the southeast 1/4 of the northeast 1/4, all
in Section 14, Township 88 North, Range 2 east of the 5th P.M., County Of Dubuque, State
Of Iowa, containing 11.95 acres and as shown and described in the warranty deed filed as
instrument number 2010-00003964 in the Dubuque County Recorder’s Office, and
All that land acquired for highway right of way by the Iowa Department Of Transportation
known as Lot B of Lot 1 of Lot 1 of the northeast 1/4 of the northeast 1/4 and of Lot 2 of the
southeast 1/4 of the northeast 1/4, all in Section 14, Township 88 North, Range 2 east of
the 5th P.M., County of Dubuque, State of Iowa, containing 0.62 acres and as shown and
described in the warranty deed filed as instrument number 2011 -00011776 in the Dubuque
County Recorder’s Office; and
All that land acquired for highway right of way by the Iowa Department of Transportation
known as Lot A of Lot 2 of the southwest 1/4 of the northwest 1/4, all in Section 13,
Township 88 North, Range 2 east of the 5th P.M., County of Dubuque, State of Iowa,
containing 7.50 acres and as shown and described in the warranty deed filed as instrument
number 2010-00007163 in the Dubuque County Recorder’s Office; and
A part of that land acquired for highway right of way by the Iowa Department of
Transportation known as Lot A of Lot 2 of 3 of Archdiocese Place No. 2 at Key West in
Section 11, Township 88 north, Range 2 east of the 5th P.M., County of Dubuque and of Lot
2 of the northwest 1/4 of the northeast 1/4 and of Lot 2 of 1 of the northeast 1/4 of the
northeast 1/4 and of Lot 1 of the southeast quarter of the northeast quarter, all in Section
14, Township 88 North, Range 2 east of the 5th P.M., County of Dubuque, State of Iowa,
containing 51.12 acres and as shown and described in the warranty deed filed as
instrument number 2011-00018392 in the Dubuque County Recorder’s Office, more
particularly described as follows:
Commencing at the east 1/4 corner of said Section 14; thence south 87° (degrees) 30'
(minutes) 08" (seconds) west (assumed bearing for the purpose of this description) on
the south line of the northeast 1/4 of said Section 14, a distance of 316.67 feet to the
southeast corner of said Lot 1 of the southeast 1/4 of the northeast 1/4 which is on the
present northwesterly right-of-way line of U.S. Highway 61, being the point of beginning
of the area herein described; thence continuing south 87°30'08" west on said south line,
also being the south line of said Lot 1 of the southeast 1/4 of the northeast 1/4, a
distance of 744.37 feet to the west line of said Lot 1 of the southeast 1/4 of the northeast
1/4; thence north 01°46'59" west on said west line, 365.46 feet; thence north 02°36'29"
west on said west line, 258.32 feet to the northwesterly line of said Lot 1 of the southeast
1/4 of the northeast 1/4; thence north 15°33'01" east on said northwesterly line, 189.90
feet; thence north 20°16'31" east on said northwesterly line, 100.25 feet; thence north
31°16'30" east on said northwesterly line, 371.74 feet; thence north 51°35'55" east on
said northwesterly line, 46.89 feet; thence north 26°34'03" east on said northwesterly
line, 112.65 feet to the northwest corner of said Lot 1 of the southeast 1/4 of the
northeast 1/4, also being the southwest corner of said Lot 2 of 1 of the northeast 1/4 of
the northeast 1/4; thence north 35°25'51" east on the westerly and southwesterly line of
said Lot 2 of 1 of the northeast 1/4 of the northeast 1/4, a distance of 200.90 feet; thence
north 01°11'53" west on said westerly and southwesterly line, 284.09 feet; thence north
51°36'20" west on said westerly and southwesterly line, 173.35 feet; thence south
73°41'30" east a distance of 115.82 feet; thence south 48°36'34" east on the
northeasterly line of said Lot 2 of 1 of the northeast 1/4 of the northeast 1/4, 759.07 feet
to the southeast corner of said Lot 2 of 1 of the northeast 1/4 of the northeast 1/4, also
being the northeast corner of said Lot 1 of the southeast 1/4 of the northeast 1/4; thence
south 02°41'19" east on the easterly line of said Lot 1 of the southeast 1/4 of the
northeast 1/4, a distance of 954.91 feet to the present northwesterly right-of-way line of
U.S. Highway 61; thence south 38°00'39” west on said northwesterly right-of-way line,
485.62 feet to the point of beginning, containing 31.49 acres, more or less.
Whereas, the annexation territory is not subject to an existing annexation moratorium
agreement and does not include any railroad property; and
Whereas, the annexation territory does not include State owned property; and
Whereas, Chapter 368 of the Code of Iowa authorizes this annexation by adoption of a
resolution and required notification; and
Whereas, the annexation territory is consistent with the City’s Comprehensive Plan; and
Whereas, the future growth and development of the City of Dubuque, Iowa makes it desirable
that the annexation territory be made part of the City of Dubuque, Iowa; and
Whereas, the City of Dubuque has the capacity to provide substa ntial municipal services to
the annexation territory; and
Whereas, the annexation is in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
A public hearing will be held on the 1st day of November, 2021, at 6:30 p.m. in the Historic
Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa, at
which time interested persons may appear and be heard for or against the proposed annexation,
and the City Clerk be and is hereby directed to cause the attached notice of the time and place
of such hearing to be published in a newspaper having general circulation in the City of
Dubuque, Iowa, which notice shall be published not less than fourteen days prior to the date of
such hearing.
Passed, approved, and adopted this 4th day of October 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
5. Request for Public Hearing: State Revolving Fund (SRF) Environmental Review-Old Mill
Road Pump Station and Force Main Project: City Manager recommended the City Council set
a public hearing for November 15, 2021, on the environmental review as provided by the State
Revolving Fund’s Department of Natural Resources, for the Old Mill Road Pump Station and
Force Main project. Upon motion the documents were received and filed and Resolution No.
344-21 State Revolving Fund (SRF) Loan - Environmental Review: Old Mill Pump Station and
Force Main Project: Preliminary Approval of an Environmental Review as provided by SRF’s
Department of Natural Resources for the Old Mill Pump Station and Force Main Project and
ordering the advertisement for public notice was adopted setting a public hearing for a meeting
to commence at 6:30 p.m. on November 15, 2021, in the Historic Federal Building.
RESOLUTION NO. 344-21
STATE REVOLVING FUND (SRF) LOAN - ENVIRONMENTAL REVIEW OLD MILL PUMP
STATION AND FORCE MAIN PROJECT: PRELIMINARY APPROVAL OF AN
ENVIRONMENTAL REVIEW AS PROVIDED BY SRF’S DEPARTMENT OF NATURAL
RESOURCES FOR THE OLD MILL PUMP STATION AND FORCE MAIN PROJECT AND
ORDERING THE ADVERTISEMENT FOR PUBLIC NOTICE
Whereas, in May of 2021 the City submitted a facility plan and State Revolving Fund (SRF)
loan application documents to Iowa Department of Natural Resources (IDNR) to secure funding
for the Old Mill Road Pumping Station and Force Main Project; and
Whereas, the City is required to complete an environmental review through public hearing as
part of the SRF environmental review process.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The environmental review as provided by SRF’s Department of Natural Resources
for the Old Mill Pump Station and Force Main project, is hereby preliminarily approved and
ordered filed in the office of the City Clerk for public inspection.
Section 2. A public hearing will be held on the 15th day of November, 2021, at 6:30 p.m. in
the Historic Federal Building Council Chambers (and/or by virtual means) 350 W. 6th Street,
Dubuque, Iowa, at which time interested persons may appear and be heard for or against the
proposed environmental review of said Project, and the City Clerk be and is hereby directed to
cause the attached notice of the time and place of such hearing to be published in a newspaper
having general circulation in the City of Dubuque, Iowa, which notice shall be published not less
than four days nor more than twenty days prior to the date of such hearing. At the hearing, any
interested person may appear and file objections to the environmental review of the Proje ct.
Section 3. The environmental review as provided by SRF’s Department of Natural Resources
for the Old Mill Pumping Station and Force Main Project is hereby ordered to be advertised for
public hearing.
Passed, adopted, and approved this 4th day of October 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
ACTION ITEMS
1. Proposed Transition from Human Rights Department to Office of Equity and Human Rights:
City Manager recommended renaming the Human Rights Department to the Office of Equity
and Human Rights, along with a transition in the duties of the department. Motion by Jones to
receive and file the documents and that the requirement that a proposed ordinance be
considered and voted on for passage at two Council meetings prior to the meeting at which it is
to be passed be suspended. Seconded by Cavanagh. Human Rights Director Kelly Larson
made a presentation. Topics included: Human Rights; Creating a culture centered in human
rights; main roles of the Human Rights Department throughout the years; and Proposal: Office
of Equity and Human Rights. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 33-21 Amending City
of Dubuque Code of Ordinances Title 8 Human Rights. Seconded by Cavanagh. Motion carried
7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 33-21
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 8 HUMAN RIGHTS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 8 of the City of Dubuque Code of Ordinances is amended to read as follows:
TITLE 8: EQUITY AND HUMAN RIGHTS
CHAPTER 1: DEFINITIONS; GENERAL PROVISIONS
8-1-1: DEFINITIONS:
When used in this title, the following terms shall have the meanings ascribed
herein unless the context otherwise requires:
. . . .
COMMISSION: The Dubuque equity and human rights commission created by
chapter 2 of this title.
. . . .
CHAPTER 2: EQUITY AND HUMAN RIGHTS COMMISSION
8-2-1: COMMISSION CREATED:
There is hereby created the equity and human rights commission.
8-2-2: PURPOSE:
The purpose of the commission is to hold hearings, compel the production of
evidence, and determine the merits of complaints alleging unfair or discriminatory
practices in housing, employment, education, credit, or places of public
accommodation; to investigate and study the existence, character, causes, and
extent of inequity and discrimination and to attempt to eliminate inequity and
discrimination by educating the public and promoting equity and human rights in the
community; and to take action in the community to promote equitable and inclusive
behavior and to eliminate discrimination and advance equity based on age, race,
creed, color, sex, national origin, religion, ancestry, disability, marital status, familial
status, sexual orientation, or gender identity.
. . . .
8-2-13: POWERS:
The commission serves in an advisory capacity to the City Council and has the
following powers, duties, and responsibilities:
A. To investigate and study the existence, character, causes, and extent of
inequity and discrimination in public accommodations, employment,
apprenticeship programs, on the job training programs, vocational schools, other
educational institutions, and housing in the city and to attempt the elimination of
such inequity and discrimination through education, conciliation, and
recommended changes to policy and practice.
B. To hold hearings upon any complaint made against a person, an employer,
an employment agency, a labor organization, or the employees or members
thereof, to subpoena witnesses and compel their attendance at such hearings, to
administer oaths and take the testimony of any person under oath and to compel
such person, employer, employment agency, labor organization, or employees or
members thereof, to produce for examination any books and papers relating to
any matter involved in such complaint. The commission will issue subpoenas for
witnesses in the same manner and for the same purp ose on behalf of the
respondent upon the respondent's request. Such hearings may be held by the
commission, by any commissioner, or by any hearing examiner appointed by the
commission. If a witness either fails or refuses to obey a subpoena issued by the
commission, the commission may petition the district court having jurisdiction for
issuance of a subpoena and the court must, in a proper case, issue the subpoena.
Refusal to obey such subpoena is subject to punishment for contempt.
C. To develop recommendations for actions to strengthen policies, practices,
services and programs that will, in the judgment of the commission, promote
equitable and inclusive behavior that tends to eliminate inequity and
discrimination.
D. To prepare and transmit to the mayor and city council from time to time, but
not less often than once each year, reports describing its proceedings, hearings
conducted, and the outcome thereof, decisions rendered, and the other work
performed by the commission.
E. To make recommendations to the city council concerning advancing equity,
promoting inclusion, and addressing discrimination in order to improve quality of
life, livability and equity for all residents.
F. To cooperate, within the limits of any appropriations made for its operation,
with other agencies or organizations, both public and private, whose purposes are
consistent with those of this chapter, in the planning and conducting of programs
designed to advance equity or eliminate discrimination or cultural and intergroup
tensions.
G. To adopt, publish, amend, and rescind regulations consistent with and
necessary for the civil rights enforcement provisions of this chapter.
H. To receive, administer, dispense, and account for any restricted funds that
may be voluntarily contributed to the commission and any grants that may be
awarded the commission for furthering the purposes of this title. No disbursements
will be made of any restricted funds without authority from the city council.
. . . .
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 4th day of October, 2021.
/s/Roy D. Buol, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on the 8th day of October, 2021.
/s/Adrienne N. Breitfelder, City Clerk
2. Kennedy Road Water Main Extension Project 2021 Award Resolution : City Manager
requested City Council adoption of a resolution which gives authorization to award the
construction contract for the Kennedy Road Water Main Extension Projec t 2021 to Drew Cook
& Sons Excavating in the amount of $752,852.00. Motion by Cavanagh to receive and file the
documents and adopt Resolution No. 345-21 Awarding Public Improvement Contract for the
Kennedy Road Water Main Extension 2021 Project. Seconded by Sprank. Motion carried 7-0.
RESOLUTION NO. 345-21
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE KENNEDY ROAD WATER
MAIN EXTENSION 2021 PROJECT
Whereas, sealed proposals have been submitted by contractors for the Kennedy Road Water
Main Extension 2021 Project (the Project) pursuant to Resolution No. 307 -21 and Notice to
Bidders published on the City of Dubuque Website and posted to the Constructio n Update
Network www.mbionline.com on the 10th day of September, 2021; and
Whereas, said sealed proposals were opened and read on the 28th day of September, 2021,
and it has been determined that Drew Cook and Sons Excavating of Dubuque, Iowa, with a bid
in the amount of $752,852.00, is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Drew Cook and
Sons Excavating and the City Manager is hereby directed to execute a Public Improvement
Contract on behalf of the City of Dubuque for the Project.
Passed, approved and adopted this 4th day of October, 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
3. U.S. Department of Housing & Urban Development (HUD) Older Adult Home Modification
Program Grant Agreement: City Manager recommended authorization of an agreement with the
U.S. Department of Housing & Urban Development (HUD) for the use of $1,000,000 to
administer an Older Adult Home Modification Program Grant to help an aging population age in
place, or stay in their homes as they age. Motion by Roussell to receive and file the documents
and adopt Resolution No. 346-21 Authorizing the City Manager or his designee to execute an
Agreement and any further documents required for the execution of the HUD Older Adult Home
Modification Program Grant Award of $1,000,000. Seconded by Farber. Responding to
questions from the City Council, Housing a nd Community Development Director Alexis Steger
stated that rental units do not qualify for the program and that the program has city-wide
eligibility. City Council members expressed support for the program and stated their interest in
identifying additional programs or volunteer opportunities to further assist the elderly population.
Motion carried 7-0.
RESOLUTION NO. 346-21
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT
AND ANY FURTHER DOCUMENTS REQUIRED FOR THE EXECUTION OF THE HUD
OLDER ADULT HOME MODIFICATION PROGRAM GRANT AWARD OF $1,000,000
Whereas, the U.S. Department of Housing and Urban Development has published a Notice
of Funding Availability (NOFA) for the Older Adult Home Modification Program Grant; and
Whereas, the City of Dubuque applied for the grant opportunity in May 2021 in the amount of
$1,000,000; and
Whereas, the U.S. Department of Housing and Urban Development awarded $1,000,000 to
the City of Dubuque to administer the Older Adult Home Modification Program, and entered into
negotiations for an agreement; and
Whereas, the City of Dubuque proposes acceptance of the Older Adult Home Modification
Program Grant funding from the U.S. Department of Housing and Urban Development to assist
approximately 230 residents safely age in place.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE IOWA:
Section 1: That the City Manager and the Housing and Community Development Director are
hereby authorized accept the $1,000,000 Older Adult Home Modification Program Grant funds
and approve the agreement with the U.S. Department of Housing and Urban Development; and
Section 2: That the City Manager and the Housing & Community Development Director are
hereby authorized and directed to execute any further docume nts to ensure the grant program
regulations stipulated in the agreement are met.
Passed, approved and adopted this 4th day of October 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
COUNCIL MEMBER REPORTS
Council Member Roussell reported on receiving her Certified Elected Municipal
Official Certificate through the Iowa League of Cities.
Council Member Jones reported on the city primary election scheduled for October
5, 2021 and encouraged residents to vote.
Council Member Sprank thanked the Multicultural Family Center (MFC) for hosting
the Dubuque Latinx Fiesta on October 2, 2021.
There being no further business, Mayor Buol declared the meeting adjourned at 7:39 p.m.
/s/Adrienne N. Breitfelder, City Clerk