6 15 20 City Council Proceedings Official_Regular1
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on June 15, 2020. Due
to the COVID-19 pandemic and mandates for social distancing, this meeting was con-
ducted virtually and aired live on CityChannel Dubuque (Mediacom cable channels 8 and
117.2), streamed live on the city’s website at www.cityofdubuque.org/media, and
streamed live on the City’s Facebook page at www.facebook.com/cityofdubuque.
Present: Mayor Buol; Council Members Cavanagh, Jones, Resnick, Roussell, Shaw,
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. 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. Topics
included: current information from the Dubuque County Public Health Incident Manage-
ment team; COVID-19 case data by state and Dubuque County; Updates on Community
Testing, contact tracing and long-term care facility outbreaks; cost sharing for housing
isolation facility; and joint public information media/news releases timelines. Ms. Corrigan
also provided information about looking ahead and what residents can do now in terms
of public health measures and ongoing restrictions and recommendations related to the
pandemic. Ms. Corrigan responded to questions from the City Council.
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Roussell. The City Clerk and the Public Information
Office stated that no public input had been received regarding the Consent Agenda items.
Motion carried 7-0.
1. Minutes and Reports Submitted: City Council proceedings of 6/1, 6/8; Community
Development Advisory Commission of 5/28, 6/2; Five Flags Civic Center Commission of
4/1; Historic Preservation Commission of 5/21; Zoning Advisory Commission of 6/3; Zon-
ing Board of Adjustment 5/28; Proof of publication for City Council proceedings of 5/18;
Proof of publication for List of Claims and Summary of Revenues for Month Ending 4/30.
Upon motion the documents were received, filed .
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2. Notice of Claims and Suits: Mike Felderman for property damage, and Gail Miller for
property damage. Upon motion the documents were received, filed, and referred to the
City Attorney.
3. Disposition of Claims: City Attorney advising that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As-
surance Pool: Mike Felderman for property damage, and Gail Miller for property damage.
Upon motion the documents were received, filed, and concurred.
4. Approval of City Expenditures: City Manager recommending City Council approval
for payment of City expenditures. Upon motion the documents were received and filed,
and Resolution No. 172-20 Authorizing the Director of Finance and Budget/City Treasurer
to make certain payments of bills that must be paid and approved for payment in accord-
ance with City procedures was adopted.
RESOLUTION NO. 172-20
AUTHORIZING THE DIRECTOR OF FINANCE AND BUDGET / CITY TREASURER
TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED
FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES
Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that
the Finance Director-City Treasurer shall keep an accurate account of all disbursements,
money, or property, specifying date, to whom, and from what fund paid; and
Whereas, the invoices, presented by those firms and persons providing such goods
and services have been pre-audited by Finance Department personnel in accordance
with generally accepted internal control procedures and have been determined to have
been requisitioned for a lawful municipal purpose; and
Whereas, the Finance Director-City Treasurer has provided a list of Expenditures at-
tached hereto, and by this reference made a part hereof, to be drawn to pay for goods
and services provided for City purposes; and
Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142 -
18 adopted May 7, 2018, authorized the Finance Director-City Treasurer to issue checks
in payment of certain expenditures known as Exception Expenditures prior to City Council
approval and such list is attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Finance Director-City Treasurer is hereby authorized to issue payment
for goods and services provided for City purposes in response to the purchase orders
and contracts issued in compliance with state and municipal code requirements as re-
quested by designated requisitioning authorities in accordance with approved budget ap-
propriations.
Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance
Director are hereby authorized and directed to provide the statement of receipts and dis-
bursements to the City Council, and to publish a summary thereof.
Passed, approved, and adopted this 15th day of June 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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5. Fiscal Year 2020 Fund Transfers for Capital Projects and Other Expense Reim-
bursements: City Manager recommending approval of the suggested proceedings ap-
proving a transfer of funds for capital projects and other expense reimbursements as re-
quired by Iowa Administrative Rules Code 545-2.5(5). Upon motion the documents were
received and filed, and Resolution No. 173-20 Authorizing the Director of Finance and
Budget to make the appropriate inter-fund transfers of sums and record the same in the
appropriate manner for they FY2020 for the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 173-20
AUTHORIZING THE DIRECTOR OF FINANCE AND BUDGET TO MAKE THE AP-
PROPRIATE INTERFUND TRANSFERS OF SUMS AND RECORD THE SAME IN
THE APPROPRIATE MANNER FOR THE FY 2020 FOR THE CITY OF DUBUQUE,
IOWA
Whereas, Iowa Administrative Rules Code Section 545 -2.5(5) implements Iowa Code
Section 384.18 and provides that the City Council shall approve all transfers of moneys
from one budgeted fund to another budgeted fund as provided in Iowa Administrative
Rules Code Section 545-2.5(5).
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Authorize the Director of Finance and Budget to Transfer Funds. That the
Director of Finance and Budget be and is hereby authorized by the City Council to make
the appropriate interfund transfer of sums and record the same in the appropriate manner
for FY 2020.
Section 2. Transfer of Funds. That the Director of Finance and Budget will transfer the
following sums and to record the same in the appropriate manner:
1. Transfer from the Special Assessments Special Revenue Fund to the Street Con-
struction Fund $23,228.43 to reimburse previously assessed street improvements.
2. Transfer from the Special Assessments Special Revenue Fund to the Sales Tax
Increment Fund $76,344.97 to reimburse previously assessed street improve-
ments.
3. Transfer from the Special Assessments Special Revenue Fund to the Stormwater
Operating Enterprise Fund $170.21 to reimburse previously assessed stormwater
detention basin maintenance.
4. Transfer from the Special Assessments Special Revenue Fund to the General Fund
1,082.68 to reimburse previously assessed sidewalk improvements.
5 Transfer from the Special Assessments Special Revenue Fung to the Water Operat-
ing Enterprise Fund $6,420.15 to reimburse previously assessed water improve-
ments.
6. Transfer from General Fund to the Debt Service Fund $1,109,870.19 for debt service
related to previously issued general obligation debt.
7. Transfer from the Greater Downtown Tax Increment Financing Fund to the Debt
Service Fund $4,492,671.93 for debt service related to previously issued general
obligation debt.
8. Transfer from the Road Use Tax Fund to the Debt Service Fund $59,466.36 for debt
service related to previously issued general obligation debt.
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9. Transfer from the Street Construction Fund to the Debt Service Fund $289,148.00
for debt service related to previously issued general obligation debt.
10. Transfer from the Sales Tax Construction Fund to the Debt Service Fund
577,338.53 for debt service related to previously issued general obligation debt.
11. Transfer from the Sales Tax Increment Fund to the Debt Service Fund
2,642,086.08 for debt service related to previously issued general obligation debt.
12. Transfer from the Passenger Facility Charge Fund to the Debt Service Fund
34,567.00 for debt service related to previously issued general obligation debt.
13. Transfer from the Dubuque Industrial Center Tax Increment Financing Fund to the
Debt Service Fund $1,244,557.14 for debt service related to previously issued gen-
eral obligation debt.
14. Transfer from Sanitary Sewer Operating fund to General Fund $1,586,998.00 for
administrative overhead recharge to enterprise funds.
15. Transfer from Stormwater Operating fund to General Fund $527,544.00 for admin-
istrative overhead recharge to enterprise funds.
16. Transfer from Parking Operating fund to General Fund $188,802.00 for adminis-
trative overhead recharge to enterprise funds.
17. Transfer from Water Operating fund to General Fund $597,380.00 for administra-
tive overhead recharge to enterprise funds.
18. Transfer from Refuse Operating fund to General Fund $1,055,920.00 for adminis-
trative overhead recharge to enterprise funds.
19. Transfer from Landfill fund to General Fund $387,593.00 for administrative over-
head recharge to enterprise funds.
20. Transfer from Sales Tax Construction Fund to the Stormwater Operating Fund
299,600.00 for stormwater subsidies related to tax exempt entities, farms, and
half rate for income qualified.
21. Transfer from DRA Distribution Fund to the Stormwater Operating Fund
73,278.47 for stormwater subsidies related to tax exempt entities, farms, and half
rate for income qualified.
22. Transfer from the Tort Liability Fund to the General Fund $359,990.49 for the cost
of liability insurance.
23. Transfer from the Trust & Agency Fund to the General Fund $3,570,425.17 for the
cost of employee benefits.
24. Transfer from the Dubuque Industrial Center Tax Increment Financing Fund to the
General Fund $11,470.18 for the reimbursement of Tax Increment Financing eligi-
ble expenses.
25. Transfer from the Greater Downtown Tax Increment Financing Fund to the General
Fund $17,072.54 for the reimbursement of Tax Increment Financing eligible ex-
penses.
26. Transfer from Stormwater Construction Fund to the General Fund $19,890.00 for
Valentine Park Stormwater Improvements.
27. Transfer from the General Fund to the America’s River Fund $2,800.00 for Amer-
ica’s River Fund.
28. Transfer from the DRA Distribution Fund to the Sales Tax Construction (20% Fund
102,132.00 for Renovate Park Water System, Eagle Valley Park Development,
Flora Park, and Fire Station Structure Repair.
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29. Transfer from the DRA Distribution Fund to the General Construction Fund
136,382.00 for Grand River Center Carpet.
30. Transfer from the DRA Distribution Fund to the Airport Construction Fund
199,242.45 for the Old Airline Terminal Assessment and Airport Asphalt Repair.
31. Transfer from the Greater Downtown Tax Increment Financing Fund to the Iowa
Finance Authority Housing Trust Fund $50,000.00 for the grant match.
32 Transfer from the Dubuque Industrial Center Tax Increment Financing Fund to the
General Construction Fund $842,510 for the reimbursement of Tax Increment Fi-
nancing eligible capital expenses.
33. Transfer from the North Cascade Road Housing Tax Increment Financing Fund to
the General Construction Fund $136,407 for low - and moderate-income eligible
projects.
34. Transfer from the North Cascade Road Housing Tax Increment Financing Fund to
the Water Construction Fund $748,537.00 for CIWA purchase and system im-
provements.
35. Transfer from the English Ridge Housing Tax Increment Financing Fund to the
General Construction Fund $9,729 for low- and moderate-income eligible projects.
36. Transfer from the English Ridge Housing Tax Increment Financing Fund to the
Water Construction Fund $180,961.00 for CIWA purchase and system improve-
ments.
37. Transfer from the South Pointe Housing Tax Increment Financing Fund to the Wa-
ter Construction Fund $13,093 for CIWA purchase and system improvements.
38. Transfer from the Greater Downtown Tax Increment Financing Fund to the Down-
town Loan Pool Fund $100,000 for the reimbursement of Tax Increment Financing
eligible capital expenses.
39. Transfer from the Greater Downtown Tax Increment Financing Fund to the General
Construction Fund $615,396 for the reimbursement of Tax Increment Financing
eligible capital expenses.
40. Transfer from the Road Use Tax Fund to the General Construction Fund
340,709.00 for Highway 52 Phase IV Central.
41. Transfer from the Road Use Tax Fund to the Street Construction Fund $53,716.00
for North Cascade Road Reconstruction.
42. Transfer from the Sales Tax Construction (20%) Fund to the Airport Construction
Fund $109,019.00 for Airport Improvements.
43. Transfer from the General Construction Fund to the Downtown Loan Pool Fund
11,000.00 for the reimbursement of Tax Increment Financing eligible capital ex-
penses.
44. Transfer from the Stormwater Operating Fund to the Stormwater Capital Fund
1,210,000.00 for capital expenses.
45. Transfer from the Water Operating Fund to the Water Capital Fund $400,000.00
for capital expenses.
Passed, approved, and adopted this 15th day of June 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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6. Final Plat of Survey - Heim's Place: Zoning Advisory Commission recommending
approval of the Final Plat of Survey for Lot 1 and Lot 2 Heim's Place (between 9th and 8th
Streets below Hill Street) subject to waiving the required lot frontage for Lot 2. Upon mo-
tion the documents were received and filed, and Resolution No. 174-20 Approving the
Plat of Survey for Heim's Place in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 174-20
APPROVING THE PLAT OF SURVEY FOR HEIM’S PLACE IN THE CITY OF DUBU-
QUE, IOWA
Whereas, there has been filed with the City Clerk a Plat of Survey Heim’s Place in the
City of Dubuque, Iowa; and
Whereas, said Plat of Survey provides 39.98 feet of frontage for Lot 2 on a public or
approved private street, where 50 feet of street frontage is required by Section 11-14 of
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and
Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission
and its approval has been endorsed thereon; and
Whereas, said Plat of Survey has been examined by the City Council and they find that
it conforms to the statutes and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, is waived to allow 39.98 feet of frontage on a public street or an
approved private street.
Section 2. The Plat of Survey for Heim’s Place is hereby approved, and the Mayor and
City Clerk are hereby authorized and directed to endorse the approval of the City of Dubu-
que, Iowa upon said Plat of Survey.
Passed, approved, and adopted this 15th day of June 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
7. Final Plat of Survey - Stoney Knob Subdivision: Zoning Advisory Commission rec-
ommending approval of the Final Plat of Stoney Knob Subdivision (off Clay Hill Road at
Burton's Furnace Road) subject to waiving the required lot frontage for Lot 3. Upon motion
the documents were received and filed, and Resolution No. 175-20 Approving the Final
Plat of Survey for Stoney Knob Subdivision in Dubuque County, Iowa was adopted.
RESOLUTION NO. 175-20
APPROVING THE FINAL PLAT OF SURVEY FOR STONEY KNOB SUBDIVISION IN
DUBUQUE COUNTY, IOWA
Whereas, there has been filed with the City Clerk a Plat of Survey Stoney Knob Sub-
division in the Dubuque County, Iowa; and
Whereas, said Plat of Survey provides 0 feet of frontage for Lot 3 on a public or ap-
proved private street, where street frontage is required by Section 11-14 of Title 16 of the
City of Dubuque Code of Ordinances, Unified Development Code; and
Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission
and its approval has been endorsed thereon; and
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Whereas, said Plat of Survey has been examined by the City Council and they find that
it conforms to the statutes and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, is waived to allow 0 feet of frontage on a public street or an
approved private street.
Section 2. The Plat of Stoney Knob Subdivision is hereby approved, and the Mayor
and City Clerk are hereby authorized and directed to endorse the approval of the City of
Dubuque, Iowa upon said Plat of Survey.
Passed, approved, and adopted this 15th day of June 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Pre-Annexation Agreement with Thomas R. & Rhonda R. Riniker : City Manager
recommending approval of a Pre-Annexation Agreement with Thomas R. and Rhonda R.
Riniker, property owners, in conjunction with a request for approval of a Plat of Survey for
approximately a 10-acre parcel located at 17283 Hill Road. Upon motion the documents
were received and filed, and Resolution No. 176-20 Approving a Pre-Annexation Agree-
ment between the City of Dubuque, Iowa and Thomas R. & Rhonda R. Riniker was
adopted.
RESOLUTION NO. 176-20
APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA, AND THOMAS R. & RHONDA R. RINIKER
Whereas, Thomas R. & Rhonda R. Riniker, the owner of the following described prop-
erty 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 2 OF LOT 1 OF LOT 1 OF THE NORTH WEST ¼ OF THE SOUTH EAST ¼ OF
SECTION 5, IN TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P.M., IN
DUBUQUE COUNTY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF;
and
Whereas, Thomas R. & Rhonda R. Riniker has entered into a Pre -annexation Agree-
ment 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.
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NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Pre-annexation Agreement by and between Thomas R. & Rhonda R.
Riniker and the City of Dubuque is hereby approved.
Passed, approved, and adopted this 15th day of June 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
9. Pre-Annexation Agreement with Joseph & Judith Riniker: City Manager recommend-
ing approval of a Pre-Annexation Agreement with Joseph J. and Judith Riniker, property
owners, in conjunction with a request for approval of a Plat of Survey for approximately a
25-acre parcel located at 17371 Clay Hill Road. Upon motion the documents were re-
ceived and filed, and Resolution No. 177-20 Approving a Pre-Annexation Agreement be-
tween the City of Dubuque, Iowa and Joseph J. & Judith Riniker was adopted.
RESOLUTION NO. 177-20
APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA, AND JOSEPH J. & JUDITH RINIKER
Whereas, Joseph J. & Judith Riniker, the owner of the following described property in
Dubuque County, Iowa (the Property) have submitted to the City Council of the city of
Dubuque an application for voluntary annexation of the Property to the City of Dubuque:
LOT 2 OF LOT 1 OF LOT 1 OF THE NORTH WEST ¼ OF THE SOUTH EAST ¼ OF
SECTION 5, IN TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P.M., IN
DUBUQUE COUNTY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF;
and
Whereas, Joseph J. & Judith Riniker has entered into a Pre-annexation Agreement
with the City of Dubuque, a copy of which is attached hereto governing the future annex-
ation of the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in
Dubuque County, Iowa, and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan of
the City of Dubuque, necessary for the future orderly growth and development of the City
of Dubuque, and will promote efficient and cost-effective extension of municipal services;
and
Whereas, the City Council finds that the annexation of the Property is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Pre-annexation Agreement by and between Joseph J. & Judith Riniker
and the City of Dubuque is hereby approved.
Passed, approved, and adopted this 15th day of June 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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10. Accepting Deeds for 2033 Washington Street and 2320 Jackson Street: City Man-
ager recommending acceptance of property deeds from Dubuque’s True North Corpora-
tion for 2033 Washington Street and 2320 Jackson Street to continue the T rue North
Residential Rehabilitation Program under the Housing & Community Development De-
partment. Upon motion the documents were received and filed, and Resolution No. 178-
20 Accepting the deed to certain real estate owned by Dubuque's True North Corporation
in the City of Dubuque (2033 Washington Street); and Resolution No. 179-20 Accepting
the deed to certain real estate owned by Dubuque's True North Corporation in the City of
Dubuque (2320 Jackson Street) were adopted.
RESOLUTION NO. 178-20
ACCEPTING THE DEED TO CERTAIN REAL ESTATE OWNED BY DUBUQUE’S
TRUE NORTH CORPORATION IN THE CITY OF DUBUQUE
Whereas, the residential purchase and rehabilitation component of Dubuque’s True
North Corporation is being shifted to the City of Dubuque Housing & Com munity Devel-
opment Department due to economies of scale the City operates with; and
Whereas, Dubuque’s True North Corporation (the Owner) of this certain real estate
has voluntarily agreed to give to the City of Dubuque the certain real estate legally de-
scribed as follows (the Property):
2033 Washington Street
Parcel ID: 1024214017
Lot 22 in Steiner’s Addition in the City of Dubuque, Iowa according to the recorded
plat thereof; and
Whereas, the acquisition of this real estate is a voluntarily negotiated acquisition by
the City of Dubuque under Section 6B.1A of the Code of Iowa, and is not an acquisition
by the City of Dubuque through its exercise of the power of eminent domain under Chap-
ter 6B of the Code of Iowa; and
Whereas, it is in the best interest of the City to acquire the Property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City of Dubuque be and is hereby authorized to accept a Quit Claim
Deed from the Owner, conveying the Owner’s interest to the City of Dubuque, Iowa for
the herein described real estate.
Section 2. The City Clerk be and is hereby authorized and directed to cause said Quit
Claim Deed to be recorded in the office of the Dubuque County Recorder, together with
a certified copy of this Resolution.
Passed, approved, and adopted this 15th day of June 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 179-20
ACCEPTING THE DEED TO CERTAIN REAL ESTATE OWNED BY DUBUQUE’S
TRUE NORTH CORPORATION IN THE CITY OF DUBUQUE
Whereas, the residential purchase and rehabilitation component of Dubuque’s True
North Corporation is being shifted to the City of Dubuque Housing & Community Devel-
opment Department due to economies of scale the City operates with; and
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Whereas, Dubuque’s True North Corporation (the Owner) of this certain real estate
has voluntarily agreed to give to the City of Dubuque the certain real estate legally de-
scribed as follows (the Property):
2320 Jackson Street
Parcel ID: 1013459006
Lot 65 in L.H. Langworthy’s Addition in the City of Dubuque, Iowa, according to the
recorded plat thereof; and
Whereas, the acquisition of this real estate is a voluntarily negotiated acquisition by
the City of Dubuque under Section 6B.1A of the Code of Iowa, and is not an acq uisition
by the City of Dubuque through its exercise of the power of eminent domain under Chap-
ter 6B of the Code of Iowa; and
Whereas, it is in the best interest of the City to acquire the Property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque be and is hereby authorized to accept a Quit Claim
Deed from the Owner, conveying the Owner’s interest to the City of Dubuque, Iowa for
the herein described real estate.
Section 2. That the City Clerk be and is hereby authorized and directed to cause said
Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together
with a certified copy of this Resolution.
Passed, approved, and adopted this 15th day of June 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
11. Bishop's Block Loan Maturity Extension for Property at 90 Main Street : City Man-
ager recommending approval of a resolution extending the loan maturity until June 30,
2021, for Bishop’s Block loan for the Bishop Block Building at 90 Main Street. Upon mo-
tion the documents were received and filed, and Resolution No. 180-20 Approving a First
Amendment to the Loan Agreement between the City of Dubuque and Bishop's Block, an
Iowa Limited Partnership, for the Bishop's Block Building by extending the maturity date
of the loan was adopted.
RESOLUTION NO. 180-20
APPROVING A FIRST AMENDMENT TO THE LOAN AGREEMENT BETWEEN THE
CITY OF DUBUQUE AND BISHOP’S BLOCK, AN IOWA LIMITED PARTNERSHIP,
FOR THE BISHOP’S BLOCK BUILDING BY EXTENDING THE MATURITY DATE OF
THE LOAN
Whereas, the City of Dubuque entered into a Loan Agreement with Bishop’s Block, a
Maine limited partnership, now an Iowa limited partnership, on August 23,1993 to provide
a loan (the Loan) for the renovation of the Bishop’s Block Building at 90 Main Street in
the City of Dubuque; and
Whereas, the original maturity date of the Loan was on October 23, 2013: and
Whereas, the City Council has granted extensions of the maturity date of the Loan;
and
Whereas, Bishop’s Block has requested an additional extension of the maturity date of
the Loan to June 30, 2021; and
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Whereas, the City Council finds that it is in the best interest of the City to approve an
extension of the maturity date of the Loan, subject to the conditions set forth in the at-
tached First Amendment to Loan Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The First Amendment to Loan Agreement extending the maturity date to
June 30, 2021 is hereby approved.
Section 2. The City Manager is authorized and directed to take such action as may be
necessary to carry out the terms of the Loan Agreement, as amended.
Passed, approved, and adopted this 15th day of June 2020.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, City Clerk
12. Acceptance of Grants of Easement for Water Main over Dolter and Thul Properties:
City Manager recommending approval and acceptance of Grants of Easement for Water
Main Utility across John and Jane Dolter property and across Steve and Jill Thul property
in the City of Dubuque, as part of the Roosevelt Water Tower Project. Upon motion the
documents were received and filed, and Resolution No. 181-20 Accepting Grants of
Easement for water main utility associated with the Roosevelt Water Tower Project, in the
City of Dubuque, Iowa was adopted.
RESOLUTION NO. 181-20
ACCEPTING GRANTS OF EASEMENT FOR WATER MAIN UTILITY ASSOCIATED
WITH THE ROOSEVELT WATER TOWER PROJECT, IN THE CITY OF DUBUQUE,
IOWA
Whereas, John J. Dolter and Jane E. Dolter have executed a Grant of Easement for
Water Main Utility across Part of Lot 12 in Block 3 of Orchard Hills, in the City of Dubuque,
Iowa; and
Whereas, Steven W. Thul and Jill A. Thul have executed a Grant of Easement for
Water Main Utility across Part of Lot 13 in Block 3 of Orchard Hills, in the City of Dubuque,
Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts
and consents to the Grants of Easement for Water Main Utility, across the properties as
listed above, in the City of Dubuque, Iowa from the property owners as listed above, cop-
ies of which are attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Section 3. The City Clerk be and is hereby authorized and directed to record a certified
copy of this resolution with each said Grant of Easement for Water Main Utility, in the
offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor.
Passed, approved, and adopted this 15th day of June 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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13. 2020 Department of Justice Coronavirus Emergency Funding Grant Acceptance :
City Manager recommending approval to accept the 2020 Office of Justice Program, De-
partment of Justice Coronavirus Emergency Supplemental Funding Grant that will provide
funds for prevention, preparation, and response to the Coronavirus. Upon motion the doc-
uments were received, filed and approved.
14. Bee Branch Watershed Flood Mitigation Project, Iowa Flood Mitigation Board, 4th
Amendment to Funding Agreement: City Manager recommending approval of Amend-
ment No. 4 to the Funding Agreement with the Iowa Flood Mitigation Board in order to
utilize state sales tax increment funding for the Bee Branch Watershed Flood Mitigation
Project. Upon motion the documents were received and filed, and Resolution No. 182-20
Authorizing an amendment to the funding agreement between the City of Dubuque and
the State of Iowa Flood Mitigation Board for the Bee Branch Watershed Flood Mitigation
Project was adopted.
RESOLUTION NO. 182-20
AUTHORIZING AN AMENDMENT TO THE FUNDING AGREEMENT BETWEEN THE
CITY OF DUBUQUE AND THE STATE OF IOWA FLOOD MITIGATION BOARD FOR
THE CITY'S USE OF SALES TAX INCREMENT FUNDING FOR THE BEE BRANCH
WATERSHED FLOOD MITIGATION PROJECT
Whereas, Six Presidential Disaster Declarations have been issued for flooding, severe
storms and tornados between 1999 and 2011 due to flash flooding; and
Whereas, the Bee Branch Watershed, which includes the City of Dubuque’s most de-
veloped areas where over 50% of city residents either live or work, has experienced flood-
ing impacting thousands of properties and over seventy businesses; and
Whereas, the City Council of the City of Dubuque has adopted a drainage basin master
plan authored by HDR Engineering that outlines improvements to mitigate flooding col-
lectively referred to as the Bee Branch Watershed Flood Mitigation Project (the Project);
and
Whereas, the Flood Mitigation Program was established by the Iowa Legislature and
the Governor of Iowa to support community projects for the construction and reconstruc-
tion of levees, embankments, impounding reservoirs, or conduits that are necessary for
the protection of property from the effects of floodwaters and may include the deepening,
widening, alteration, change, diversion, or other improvement of watercourses if neces-
sary for the protection of such property from the effects of floodwaters; and
Whereas, the City of Dubuque submitted an application to the Iowa Flood Mitigation
Board (the Board) requesting the use of $98,494,178.00 in sales tax increment funds for
the Project; and
Whereas, the Board, on December 4, 2013, voted to approve the City’s application for
construction of the Project, subject to the requirements set forth in Iowa Code chapter
418 and the administrative rules promulgated under it and subject to the terms and con-
ditions set forth in an agreement; and
Whereas, the City Council, on February 3, 2014, adopted Resolution 31 -14 authorizing
the execution of an agreement (Funding Agreement) with the Iowa Flood Mitigation Board
binding the City to the terms of the agreement as required for the City's receipt of up to
13
98,494,178.00 in state sales tax increment funds for the Bee Branch Watershed Flood;
and
Whereas, the Funding Agreement established the sales tax increment that the City can
receive by fiscal year; and
Whereas, additional sales tax increment was made available to the City is fiscal years
2023 through 2032; and
Whereas, the City of Dubuque submitted a request to amend the Funding Agreement
to the Board that would modify the schedule of payments such that the City would receive
sales tax increment sooner; and
Whereas, the Board, on June 8, 2020, voted to approve Amendment Number Four
Amendment) modifying the Funding Agreement and the schedule of payments; and
Whereas, it is in the best interest of the City to seek the use of the sales tax increment
available in fiscal years 2023 through 2032 through an amendment to the Funding Agree-
ment.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Amendment is approved.
Section 2. The Mayor is hereby authorized to execute and deliver the Amended and
execute such other documents as the Iowa Flood Mitigation Board may reasonably re-
quire that are necessary to bind the City to the terms of the Amended Agreement as
required for the City's receipt of $ 98,494,178 in sales tax increment funds for the Bee
Branch Watershed Flood Mitigation Project through the State Flood Mitigation Program.
Passed, approved, and adopted this 15th day of June 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
15. Supplement to Master Licensing Agreement Between City of Dubuque and US
Cellular: City Manager recommending approval of a Supplement to Master Licensing
Agreement Between City of Dubuque and US Cellular (Dubuque Cellular Telephone LP)
that will add 25 additional small cell wireless technology systems on City -owned poles or
the installation of new poles, include placement of fiber optics, electrical utilities, pole
replacement and City camera installation as appropriate. Upon motion the documents
were received, filed and approved.
16. Iowa Department of Inspections and Appeals New Interagency Agreement : City
Manager recommending approval of a renewal agreement with the Iowa Department of
Inspections and Appeals for performance of food and hotel licensing, inspections and
enforcement with respect to retail food establishments. Upon motion the documents were
received, filed and approved.
17. Worker Adjustment and Retraining Notification (WARN) - Diamond Jo Casino: Cor-
respondence from the Diamond Jo Casino informing the City of anticipated permanent
layoffs at the Dubuque Diamond Jo Casino , 301 Bell Street, between July 1 and July 14,
2020. Upon motion the documents were received and filed.
14
18. Signed Contract(s): De-Icing Rock Salt Supply Agreement with Champion Salt,
LLC; Dupaco Voices, LLC Revocable License for Fencing and Landscaping at 902 & 990
White Street. Upon motion the documents were received and filed.
19. Business License Refund: Requests from Super Stop Mart Inc., License No.
LE0002501 for 1101 Rhomberg Ave.; and Locust Tobacco and Liquor, License No.
LE0003125 for 408 West Locust Street, due to change in ownerships; Iowa Street Mart,
License No. LE0001600 for 1256 Iowa Street, due the business closing. Requests are
pre-COVID 19 pandemic. Upon motion the documents were received, filed and approved.
20. Alcohol and Tobacco License Applications: City Manager recommending approval
of annual liquor, beer, wine and tobacco license applications as submitted. Upon motion
the documents were received and filed, and Resolution No. 183-20 Approving applica-
tions for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordi-
nances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B
Liquor, Beer and Wine Licenses and Permits ; and Resolution No. 184-20 Approving ap-
plications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa
Code Chapter 453A.47A were adopted.
RESOLUTION NO. 183-20
APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS
REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS
AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQ-
UOR, BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and
filed with the City Council for approval and the same have been examined and approved;
and
Whereas, the premises to be occupied by such applicants were inspected and found
to comply with the Ordinances of the City and the applicants have filed the proper fees
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:
Renewals
7 Hills Brewing Co. 1085 Washington St. Class C Liquor (Brew Pub)
Outdoor) (Sunday)
Adobo's Mexican Grill 756 Main St. Class C Liquor (Catering)
Outdoor)
American Legion Post #6 1306 Delhi St. Class C Liquor License (Ca-
tering) (Outdoor) (Sunday)
Buffalo Wild Wings 2805 Northwest Arterial Class C Liquor (Outdoor)
Sunday)
Creslanes Bowling 255 S. Main St. Class C Liquor (Sunday)
Dubuque Bowling Lanes 1029 1/2 Main St. Class C Liquor (Sunday)
Dubuque Museum of Art 701 Locust St. Class C Liquor (Sunday)
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Five Flags Center 405 Main St. Class C Liquor (Catering)
Sunday)
Hartig Drug Company #2 157 Locust St. Class E Liquor, Class C Beer,
Class B Wine (Sunday)
Hy-Vee Wine & Spirits "A" 3500 Dodge St. Class E Liquor, Class C Beer,
Class B Wine (Sunday)
Los Aztecas III Mexican
Rest.
2345 Northwest Arterial Class C Liquor (Outdoor)
Sunday)
Mason Dixon Saloon 163 Main St. Class C Liquor
Neighborhood Quick Mart 690 W. Locust St. Class C Beer, Class B Wine
Sunday)
Ooh La La 3460 Hillcrest Rd. Class B Wine
Paul's Tavern 176 Locust St. Class C Liquor (Sunday)
Pioneers Rest Stop 4900 Old Highway Rd. Class C Beer (Sunday)
Rotary Club of Dubuque 135 W. 8th St. Special Class C Liquor (Out-
door) (Sunday)
The Smokestack 62 E. 7th St. Class C Liquor (Living Qtrs.)
Outdoor) (Sunday)
Walgreens #11942 345 E 20th St Class E Liquor, Class C Beer,
Class B Wine (Sunday)
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the
noted permit types to the following applicants pending submission of the locally required
documentation:
Passed, approved, and adopted this 15th day of June 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 184-20
APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICO-
TINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A
Whereas, applications for Cigarette/Tobacco Sales have been submitted and filed with
the City Council for approval and the same have been examined and approved; and
Whereas, the premises to be occupied by such applicants were inspected and found
to comply with the Ordinances of the City and the applicants have filed the proper fees
and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Business Name Business Address
Beecher Liquor 1691 Asbury Rd.
Big 10 Mart #10 1875 John F. Kennedy Rd.
Big 10 Mart #13 2100 John F. Kennedy Rd.
BP Fuel 1450 Loras Blvd.
Botanicanna 3430 Dodge St. #24
Casey's General Store #2420 2699 Rockdale Rd.
Casey's General Store #2421 4003 Peru Rd.
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Casey's General Store #3473 1072 Cedar Cross Rd.
CDs 4 Change 3305 Asbury Rd. #2
Central Grocery and Beauty Inc. 1572 Central Ave.
Dollar General Store #10074 2440 Gateway Dr.
Dollar General Store #6896 605 West Locust St.
Dollar General Store #7289 3250 Kennedy Cir Ste 8
Dubuque Mining Co. 555 John F. Kennedy Rd.
Eagle Country Market 1800 Elm St
EZ Stop 1 1101 Rhomberg Ave.
EZ Stop II 700 Rhomberg Ave
Family Dollar #21599 2013 Central Ave #4
Fareway Stores #114 2050 John F. Kennedy Rd.
Fas Mart #5159 2175 Central Ave.
Hammerheads Bar and Billiards 2095 Kerper Blvd. Suite #2
Hartig Drug #2 157 Locust St.
Hartig Drug #3 2255 John F. Kennedy Rd.
Hartig Drug #4 2225 Central Ave.
Hartig Drug #8 1600 University Ave.
Hy-Vee Food C Store #1 3270 Dodge St
Hy-Vee Food Store #1 3500 Dodge St.
Hy-Vee Food Store #2 2395 NW Arterial
Hy-Vee Food Store #3 400 S. Locust St.
Hy-Vee Gas #2 2435 NW Arterial
Hy-Vee Gas #3 300 S. Locust St
Hy-Vee Wine & Spirits #1 3500 Dodge St.
Jayde’s Vapor Lounge 3220 Dodge St. #104
Kwik Star #236 2035 John F. Kennedy Rd.
Kwik Star #495 2685 Dodge St.
Kwik Stop #300 1215 E.16th St.
Kwik Stop #325 1210 E. 16th St.
Kwik Stop #48 3201 Central Ave.
Kwik Stop #58 3340 John F. Kennedy Rd.
Kwik Stop #72 2255 Kerper Blvd.
Kwik Stop #74 2360 Central Ave.
Kwik Stop #76 2320 Gateway Dr.
Kwik Stop #78 4039 Pennsylvania Ave.
Kwik Stop #84 2335 University Ave.
Kwik Stop #86 2150 Twin Valley Dr.
Liquor Tobacco & Gas 1401 Central Ave
Liquor Tobacco and Grocery 1998 Jackson St.
Moondog Music 806 Wacker Dr. #120
My Cap Vendors / located at Diamond Jo Casino 301 Bell St.
Neighborhood Quick Mart 690 W. Locust St.
North Side Liquor and Tobacco 2013 Central Ave. #1
Oky Doky #1 250 West 1st St.
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Paro Food Mart 3200 Central Ave.
Phillips 66/Arby's 10 South Main St.
Pioneer's Rest Stop 4900 Old Hwy Rd.
Port of Dubuque Marina 450 East Third St.
Q Casino 1855 Greyhound Park Dr.
Ron’s Discount Smokes and Beverage Center 3300 Asbury Rd.
Ron's 5 Point Mart 405 Rhomberg Ave.
Sam's Club #4973 4400 Asbury Rd.
Spencer Gifts, LLC 555 John F. Kennedy Rd.
Super Stop IV 535 Hill St. Suite A
The Altered State 1523 Central Ave.
The Great Vape 3250 Central Ave.
The Konnexion 1099 University Ave
Tobacco Outlet Plus #504 806 Wacker Dr. Suite 140
Vapor City Outlet 3330 Asbury Rd.
Walgreens #11942 345 East 20th St.
Walgreens #6154 2260 John F. Kennedy Rd.
Walgreens #9708 55 John F. Kennedy Rd.
Walmart Supercenter # 2004 4200 Dodge St.
Walnut Tap 709 University Ave
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the
following named applicants and locations for cigarette/tobacco sales permit.
Passed, approved, and adopted this 15th day of June 2020.
Roy D Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Appointments were made to the following Boards/Commission.
1. Cable TV Commission: One, 3-Year term through July 1, 2023 (Expiring term of
Maloney) Applicant: Pauline Maloney, 506 St. George St. Motion by Cavanagh to appoint
Ms. Maloney to the 3-year term. Seconded by Resnick. Motion carried 7-0.
2. Catfish Creek Watershed Management Authority: One, 4-Year term through July 16,
2024 (Expiring term of McGovern). Applicant: Jared McGovern, 360 S. Grandview Ave.
Motion by Shaw to appoint Mr. McGovern to the 4 -year term. Seconded by Sprank. Mo-
tion carried 7-0.
3. Electrical Code Board: Three, 3-Year Electrical Experience terms through May 21,
2023 (Expiring terms of Dixon, Palmer, and Townsend). James Dixon, 2505 Marquette
Pl.; Andy Palmer, 1865 Rosemont St.; Thomas Townsend, 1940 Amelia Dr. Motion by
Shaw to appoint Mr. Dixon, Mr. Palmer and Mr. Townsend to the 3-year terms. Seconded
by Resnick. Motion carried 7-0.
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4. Historic Preservation Commission: One, 3-Year Architect At-Large term through July
1, 2023 (Expiring term of Monk). One, 3-Year Cathedral Historic District term through July
1, 2023 (Expiring term of McAndrews). Applicants: Christina Monk, 2005 North Main St.
Qualifies as Architect At-Large; John McAndrews, 56 Bluff St. Qualifies as Living within
the Cathedral Historic District. Motion by Jones to appoint Ms. Monk to the 3 -year Archi-
tect At-Large term and Mr. McAndrews to the 3-year Cathedral Historic District term. Se-
conded by Sprank. Motion carried 7-0.
5. Investment Oversight Advisory Commission: One, 3-Year term through July 1, 2023
Expiring term of Lassance). Applicant: Paul Lassance, 4846 Embassy Ct. Motion by
Jones to appoint Mr. Lassance to the 3-year term. Seconded by Resnick. Motion carried
7-0.
6. Library Board of Trustees: Two, 4-Year terms through July 1, 2024 (Expiring terms
of Armstrong and Monk). Applicants: Robert Armstrong, 728 Alta Vista St.; Christina
Monk, 2005 N. Main St. Upon Council concurrence, Mayor Buol appoint Mr. Armstrong
and Ms. Monk to the 4-year terms.
7. Resilient Community Advisory Commission: One, 3-Year Cross Representation term
through July 1, 2023 (Expiring term of Boles). One, 3-Year At-Large term through July 1,
2023 (Expiring term of Jayawickrama). Applicants: Dean Boles, 1715 Geraldine Dr. - Cur-
rently on Community Development Advisory Commission; Lalith Jayawickrama, 2360
Cherry St. Motion by Shaw to appoint Mr. Boles to the 3-year, cross-representation term;
and Mr. Jayawickrama to the 3-year, at-large term. Seconded by Cavanagh. Motion car-
ried 7-0.
8. Zoning Advisory Commission: Two, 3-Year terms through July 1, 2023 (Expiring
terms of Christ and Kemp). Applicants: Martha Christ, 88 Princeton Pl.; Rebecca Kemp,
3195 Kerry Ct. Motion by Roussell to appoint Ms. Christ and Ms. Kemp to the 3 -year
terms. Seconded by Cavanagh. Motion carried 7-0.
9. Zoning Board of Adjustment (Appointment): One, 3-Year term through March 25,
2023 (Vacant term of Cremer). Applicant: Matthew Mauss, 1540 N. Algona St. Motion by
Jones to appoint Mr. Mauss to the 3-year term. Seconded by Shaw. Motion carried 7-0.
Application to the follow board was reviewed.
10. Mechanical and Plumbing Code Board: One, 3-Year term through March 16, 2022
Vacant term of Papin). Applicant: Daniel McNamer, 2891 Northridge Dr. Mr. McNamer
submitted an email letter to the City Council about his desire to serve on this board.
PUBLIC HEARINGS
For the record, public input options were provided through Contact the City Council at
www.cityofdubuque.org/councilcontacts; and during the meeting through the City Clerk’s
Office at ctyclerk@cityofdubuque.org, and www.facebook.com/cityofdubuque.
19
1. Intent to Dispose of Property at 396 W. Locust Street: Proof of publication on notice
of public hearing to consider disposing of City-owned real property located at 396 West
Locust Street to Melissa M. and Wesley M. Anderson, and the City Manager recommend-
ing approval. Motion by Cavanagh to receive and file the documents and adopt Resolution
No. 185-20 Disposing of City Interest in real property by deed to Melissa M. and Wesley
M. Anderson. Seconded by Sprank. The City Clerk and Public Information Officer stated
that no public input was received regarding this item. Motion carried 7-0.
RESOLUTION NO. 185-20
DISPOSING OF CITY INTEREST IN REAL PROPERTY BY DEED TO MELISSA M.
AND WESLEY M. ANDERSON
Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property
the Property):
Lot 1 of the Subdivision of Lot 15 in D.N. Cooley’s Subdivision of part of Out Lots
667, 668, and 669 to Dubuque, in the City of Dubuque, Iowa, according to the rec-
orded plat thereof, together with and subject to all easements and agreements of
record; locally known as 396 West Locust Street; and
Whereas, City and Melissa M. and Wesley M. Anderson have tentatively entered into
a Purchase Agreement pursuant to which City will convey the Property to Melissa M. and
Wesley M. Anderson; and
Whereas, the City Council, by Resolution No. 166-20, dated June 1, 2020, declared its
intent to dispose of City interest in the Property; and
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on June 15, 2020 at 6:30 p.m. in the Historic Federal Building, 350 W. 6 th
Street, Dubuque, Iowa; and
Whereas, it is the determination of the City Council that approval of the Purchase
Agreement for the sale of the Property to Melissa M. and Wesley M. Anderson according
to the terms and conditions set out in the Purchase Agreement is in the public interest of
the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Purchase Agreement by and between the City of Dubuque and Melissa
M. and Wesley M. Anderson for the sale of the Property, a copy attached hereto, is hereby
approved.
Section 2. The Mayor is hereby authorized and directed to execute and deliver a Spe-
cial Warranty Deed, disposing all of the City’s interest in the Property to Melissa M. and
Wesley M. Anderson.
Section 3. The City Clerk is hereby authorized and directed to cause said Special War-
ranty Deed to be recorded in the Office of the Dubuque County Recorder, together with
a certified copy of the Resolution.
Passed, approved, and adopted this 15th day of June 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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2. Request to Rezone Property at 210 Jones Street: Proof of publication on notice of
public hearing to consider approval of a request from Jordan DeGree to rezone property
at 210 Jones St. from C-3 General Commercial Zoning District to C-4 Downtown Com-
mercial Zoning District, and the Zoning Advisory Commission recommending approval.
Motion by Cavanagh 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.
Applicant Jordan DeGree addressed the Council in favor of the request and provided a
brief history of the zoning at this address. Planning Services Manager Wally Wernimont
provided a staff report . The City Clerk and Public Information Officer stated that no public
input was received regarding this item. Motion carried 7-0.
Motion by Cavanagh for final consideration and passage of Ordinance No. 25-20
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, by reclassifying hereinafter described property located at 210 Jones Street from C-
3 General Commercial District to C-4 Downtown Commercial District. Seconded by Res-
nick. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 25-20
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 210 JONES STREET FROM C-3 GENERAL COMMERCIAL
DISTRICT TO C-4 DOWNTOWN COMMERCIAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, is hereby amended by reclassifying the hereinafter–described property from C-3
General Commercial District to C-4 Downtown Commercial District, to wit:
Lots 1 & 2 City Lot 541, City Lot 542, Lots 1 & 2 Sub Lot 2 City Lot 543, Lot A & Lot
2 Sub Lot D Vacated Shields St. In Dubuque Harbor Co's Add (Suites #100 & #200)
and to the centerline of the adjoining public right -of-way, all in the City of Dubuque,
Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Ad-
visory Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect immediately upon publication as provided
by law.
Passed, approved, and adopted this 15th day of June 2020.
s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 19th day of June 2020.
s/Kevin S. Firnstahl, City Clerk
3. Code or Ordinances Amendment - Title 16 Revisions Required by the Department
of Natural Resources: Proof of publication on notice of public hearing to consider approval
of a request from the City of Dubuque to amend Articles16-6-4.11 FF Floodway Fringe
Overlay District and 16-6-4.15 Definitions of the Unified Development Code to
21
accommodate required ordinance revisions from the Iowa Department of Natural Re-
sources, and the Zoning Advisory Commission recommending approval. Motion by Res-
nick 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. Speaking for the City as
the applicant, Planning Services Manager Wally Wernimont provide a staff report. The
City Clerk and Public Information Officer stated that no public input was received regard-
ing this item. Motion carried 7-0.
Motion by Resnick for final consideration and passage of Ordinance No. 26-20 Amend-
ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
Amending 16-6-4.11 FF Floodway Fringe Overlay District and 16-6-2 Definitions to ac-
commodate required ordinance revisions from the Iowa Department of Natural Resources
Seconded by Cavanagh. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 26-20
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY AMENDING 16-6-4.11 FF FLOODWAY FRINGE
OVERLAY DISTRICT AND 16-6-4.15 DEFINITIONS TO ACCOMMODATE REQUIRED
ORDINANCE REVISIONS FROM THE IOWA DEPARTMENT OF NATURAL RE-
SOURCES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Develop-
ment Code Article 16-6-4.11 FF Floodway Fringe Overlay District is hereby amended as
follows:
11. Detached Garages, Sheds: The exemption of detached garages, sheds, and sim-
ilar structures less than three hundred (300) square feet in area from the 100-year
flood elevation requirements may result in increased premium rates for insurance
coverage of the structure and contents; however, said detached garages, sheds,
and similar accessory type structures are exempt from the 100 -year flood elevation
requirements, provided:
a. The structures shall not be used for human habitation.
b. The structure shall be designed to have low flood damage potential.
c. The structure shall be constructed and placed on the building site so as to offer
minimum resistance to the flow of floodwaters.
d. Structures shall be firmly anchored to prevent flotation which may result in
damage to other structures.
e. The structure's service facility such as electrical and heating equipment shall
be elevated or floodproofed to at least one foot (1') above the 100 -year flood
level.
f. All such structures shall be certified as meeting these requirements by a pro-
fessional engineer registered in the state of Iowa.
11. Accessory Structures to Residential Uses
22
a. Detached garages, sheds, and similar structures that are incidental to a resi-
dential use are exempt from the base flood elevation requirements where the fol-
lowing criteria are satisfied.
1) The structure shall be designed to have low flood damage potential . Its size
shall not exceed 600 sq. ft. in size. Those portions of the structure located less
than 1 foot above the BFE must be constructed of flood -resistant material.
2) The structure shall be used solely for low flood damage potential purposes
such as vehicle parking and limited storage. The structure shall not be used for
human habitation.
3) The structure shall be constructed and placed on the building site so as to
offer minimum resistance to the flow of floodwaters.
4) The structure shall be firmly anchored to resist flotation, collapse, and lateral
movement.
5) The structure’s service facilities such as electrical and heating equipment shall
be elevated or floodproofed to at least one foot above the base flood elevation.
6) The structure’s walls shall include openings that satisfy the provisions of 16 -
6-4-11 (B) Performance Standards 2. All New and Substantially Improved Struc-
tures.
b. Exemption from the 100-year flood elevation requirements for such a structure
may result in increased premium rates for flood insurance coverage of the structure
and its contents.
Section 2. That Title 16 of the City of Dubuque Code of Ordinances, Unified Develop-
ment Code Article 16-6-4.15 Definitions is hereby amended as follows:
APPURTENANT STRUCTURE: A structure which is on the same parcel of the prop-
erty as the principal structure to be insured and the use of which is incidental to the use
of the principal structure.
BASE FLOOD ELEVATION: The elevation floodwaters would reach at a particular site
during the occurrence of a base flood event.
FLOOD INSURANCE STUDY: A study initiated, funded and published by the federal
insurance administration for the purpose of evaluating in detail the existence and severity
of flood hazards; providing the city with the necessary information for adopting a flood-
plain management program and establishing actuarial flood insurance rates . An exami-
nation, evaluation, and determination of flood hazards and, if appropriate, corresponding
water surface elevations.
HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
Section 3. The foregoing amendments have heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 4. This ordinance shall take effect immediately upon publication, as provided
by law.
Passed, approved, and adopted this 15th day of June 2020.
s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published in the Telegraph Herald newspaper on the 19th day of June 2020.
s/Kevin S. Firnstahl, City Clerk
23
PUBLIC INPUT
For the record, public input options were provided through: Contact the City Council at
www.cityofdubuque.org/councilcontacts; City Clerk’s Office at ctyclerk@cityofdubuque.org;
and during the meeting at www.facebook.com/cityofdubuque. Public Information Officer
stated that no public input was received. The City Clerk noted for the record correspond-
ence received by Marc Onken, 210 Cross Street, regarding recent national events related
to racism and the perception that Dubuque policing may not be fair. Mr. Onken provided
some ideas for police officer performance checks and making information on police edu-
cation and training available to the public.
ACTION ITEMS
1. Awarding Kaufmann Avenue Storm Sewer Improvement Project from Francis Street
to North Main Street: City Manager recommending award of the Kaufmann Avenue Storm
Sewer Improvement Project construction contract to the low bidder Portzen Construction
based on the Base Bid plus Alternate Bid amounts. Motion by Roussell to receive and file
the documents and adopt Resolution No. 186-20 Awarding public improvement contract
for the Kaufman Avenue Storm Sewer Improvement Project from Francis Street to North
Main Street. Seconded by Resnick. Motion carried 7-0.
RESOLUTION NO. 186-20
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE KAUFMANN AVENUE
STORM SEWER IMPROVEMENT PROJECT FROM FRANCIS STREET TO NORTH
MAIN STREET
Whereas, sealed proposals have been submitted by contractors for the Kaufmann Av-
enue Storm Sewer Improvement Project from Francis Street to North Main Street, (the
Project) pursuant to Resolution No. 138-20 and Notice to Bidders published on the City
of Dubuque, Iowa website and plan room service with statewide circulation on the 8th day
of May 2020; and
Whereas, said sealed proposals were opened and read on the 4th day of June 2020
and it has been determined that Portzen Construction of Dubuque, IA, with a base bid
plus alternate bid totaling in the amount of $1,777,262.50 is the lowest responsive, re-
sponsible 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 Portzen Construc-
tion and the City Manager is hereby directed to execute a Public Improvement Cont ract
on behalf of the City of Dubuque for the Project.
Passed, adopted, and approved this 15th day of June 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Report Regarding Opening of the Outdoor Pool(s): City Manager transmitting a re-
port from Leisure Services related to opening the City's two public pools. Leisure Services
Manager Marie Ware provided a brief, verbal summary of the report. Restated motion by
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Cavanagh to receive and file the documents and keep the public pools closed for the
remainder of the season. Seconded by Roussell. Ms. Ware reviewed ideas, challenges,
and costs related to opening the pools for approximately a month. The Council discussion
weighed the need for swimming skills and social interaction against the COVID -19 impli-
cations. Motion carried 6-1 with Shaw voting nay.
3. Next Steps for Justice Virtual Community Workshops Request: Request from Miquel
Jackson for three Council Members to attend the Next Steps for Justice virtual community
workshops on July 11 and 18, 2020. It is further requested that the City Council help
facilitate a work session to adopt a community plan. Restated motion by Cavanagh to
receive and file and ask for volunteers among the Council to attend the workshops. Se-
conded by Roussell. Cavanagh, Roussell, and Sprank volunteered. Miquel Jackson of
the Dubuque Chapter of the NAACP responded to questions from the City Council re-
garding the logistics of the workshops. Motion carried 7 -0.
4. Request to Schedule a Work Session on Sustainable Dubuque: City Manager re-
questing that the City Council schedule a work session on Sustainable Dubuque for Mon-
day, July 13, 2020, at 6:30 p.m. (This meeting will be conducted virtually unless an-
nounced otherwise.). Motion by Resnick to receive and file the documents and set the
work session as recommended. Seconded by Jones. No schedule conflicts were noted.
Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Roussell reported on the Bee Branch Creek clean up event that was
conducted in compliance with social distancing; participating in the National League of
Cities townhall meeting on race and equity in leadership; the new community engagement
program being developed at the Fountain of Youth regarding generational poverty and
being invited to be a program mentor.
There being no further business, Mayor Buol declared the meeting adjourned at 8:23
p.m.
s/Kevin S. Firnstahl, CMC, City Clerk