1 21 20 City Council Proceedings Official_Special and Regular1
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:30 p.m. on January 21, 2020 in
the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Pro Tem Jones, Council Members Cavanagh, Resnick, Rou ssell,
Shaw, Sprank; City Manager Van Milligen, City Attorney Brumwell
Absent: Mayor Buol
Mayor Pro Tem Jones read the call and stated this is a special session of the City
Council called for the purpose of conducting a work session on Dubuque County Conser-
vation Comprehensive Parks, Trails, and Open Spaces Draft Master Plan.
WORK SESSION
Dubuque County Conservation
Comprehensive Parks, Trails, and Open Spaces Draft Master Plan
Brian Preston, Executive Director of the Dubuque County Conservation Board; and
Ryan Peterson, consultant for RDG Planning and Design, reviewed the Dubuque County
Conservation Comprehensive Parks, Trails, and Open Spaces
Draft Master Plan with City Council. Topics included:
Review of the strategic direction
o Steering Committee members
o Dubuque County Conservation – board members and staff
o Vision & Mission Statements
o Guiding principles
Review of the planning timeline 2018-2020
Discussion of public input
o Survey, workshops, data collection, options, participation by loca-
tion/method/age/
o Ranked priorities: trails, park infrastructure enhancements, habitat preser-
vation and restoration, and water quality.
Review of priority projects
o Emerging priorities & projects
Next steps
Concept plan revisions
Finalize capital improvements costs, quantify operation impacts
Quantify plan benefits
Report development
Public open house
Plan adoption – April 2020
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Responding to questions from the City Council, City Manager Van Milligen spoke from
the City’s perspective regarding what trials and amenities are currently in place and where
potential exists for connection to the County’s trail system. He cited examples such as
the SW Arterial trail grading which will require additional funding and property acquisition
and the shoulder access on Hwy 52 link to Bellevue. Mr. Ryan, Mr. Preston provided
additional information on the use of tenting platforms and evaluating Swiss Valley Park
camping and natural preserve spaces. The presenters also addressed the potential for
increasing economic impact.
There being no further business, motion by Shaw to adjourn at 6:00 p.m. Seconded by
Cavanagh. Motion carried 6-0.
s/Kevin S. Firnstahl, CMC, City Clerk
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:00 p.m. on January 21, 2020 in
the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Pro Tem Jones, Mayor Buol (Via telephone); Council Members
Cavanagh, Resnick, Roussell, Shaw, Sprank; City Manager Van Milligen, City Attorney
Brumwell
Mayor Pro Tem Jones 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 be-
fore the City Council.
PLEDGE OF ALLEGIANCE
PRESENTATION(S)
1. Student Presentation on City Life Experience: Community Engagement Coordinator
Temwa Phiri introduced students from the Community School District’s Alternative Learn-
ing Center who provided a brief description of their experiences from participating in the
City Life session adapted to their current social studies course on civic engagement and
local government. Social Studies teacher for the Dubuque Community School District Al-
ternative Learning Center; and Mr. Phiri provided a brief history of their respective pro-
grams and goals.
PROCLAMATION(S)
Dubuque Eagles "Eyes on the Future" Month (January 2020) was accepted by Michael
Duehr on behalf of the Dubuque Fraternal Order of Eagles.
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Shaw. Council Member Cavanagh requested Item No.
14 be held for separate discussion. Motion carried 7-0.
1. Minutes and Reports Submitted: Arts and Cultural Advisory Commission of 12/17/19
and Working Group updates of 11/26/19, 12/17/19; Cable TV Commission of 1/8/20; City
Council proceedings of 1/6/20, 1/13/20; Community Development Advisory Commission
of 12/18/19; Five Flags Civic Center Advisory Commission of 11/25/19, 12/17/19; Resili-
ent Community Advisory Commission of 1/2/20; Zoning Advisory Commission of 1/2/20;
Proof of Publication for City Council Proceedings of 12/16/19.
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2. Notice of Claims and Suits: Michael and Cassie Foley 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: Michael and Cassie Foley for property damage. Upon motion the docu-
ments 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. 16-20 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. 16-20
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 21st day of January 2020.
Ric W. Jones, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
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5. Request for Nuisance Specialist Position: City Manager recommending approval to
add a Nuisance Specialist position in the Housing Inspection Division to start as soon as
February 1, 2020. Upon motion the documents were received, filed and approved.
6. Iowa Worker Adjustment and Retraining Act Notification - McGraw-Hill: Correspond-
ence from Dana Kramer, Sr. Manager, Culture & Talent Services for McGraw-Hill, notify-
ing the City in accordance with the Iowa Worker Adjustment and Retraining Act (WARN)
of a restructuring in McGraw-Hill's operations resulting in certain positions being elimi-
nated from their facility at 501 Bell Street. Upon motion the document was received and
filed.
7. Q Casino Request for Additional Funds from Depreciation and Improvement (D&I)
Fund: City Manager recommending approval of a request from Dubuque Racing Associ-
ation President and CEO Jesús Avilés for additional funding from the Depreciation and
Improvement (D&I) Fund to be used toward the administration steps and canopy project
at the Q Casino. Upon motion the documents were received, filed and approved.
8. Affordable Housing Network, Inc. Agreement to Rehabilitate Rental Units: City Man-
ager recommending approval of an agreement with Affordable Housing Network, Inc. for
funding to rehabilitate a minimum of 16 rental units over the next five years using HOME
loan repayment funds. Upon motion the documents were received and filed, and Resolu-
tion No. 17-20 Approving an Agreement with Affordable Housing Network, Inc. for the
rehabilitation of residential property within the City of Dubuque for resale or rental to low-
and moderate-income families was adopted.
RESOLUTION NO. 17-20
APPROVING AN AGREEMENT WITH AFFORDABLE HOUSING NETWORK, INC.
FOR THE REHABILITATION OF RESIDENTIAL PROPERTY WITHIN THE CITY OF
DUBUQUE FOR RESALE OR RENTAL TO LOW AND MODERATE-INCOME FAMI-
LIES
Whereas, City has accumulated income from loan repayments to be expended to fur-
ther the HOME program goals; and
Whereas, the HOME program is dedicated to low and moderate-income, at or below
60% area median income, family housing assistance; and
Whereas, City wishes to engage AHNI to acquire, rehabilitate, resell, and/or manage
property consisting primarily of rental residential units, for the benefit of low and moder-
ate-income populations, at or below 60% of the area median income, located within the
city limits of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Agreement is hereby approved.
Section 2. The Mayor is hereby authorized and directed to execute such Agreement
on behalf of the City of Dubuque, Iowa.
Section 3. The City Council grants the authority to the City Manager or the City Man-
ager’s designee to manage the agreement and act in accordance with the terms of the
agreement.
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Passed, approved and adopted this 21st day of January 2020.
Ric W. Jones, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
9. Accepting the 2019 Pavement Marking Project : City Manager recommending ac-
ceptance of the construction contract for the 2019 Pavement Marking Project as com-
pleted by SELCO, Inc. Upon motion the documents were received and filed, and Resolu-
tion No. 18-20 Accepting the 2019 Pavement Marking Project and authorizing the pay-
ment to the contractor was adopted.
RESOLUTION NO. 18-20
ACCEPTING THE 2019 PAVEMENT MARKING PROJECT AND AUTHORIZING THE
PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the 2019 Pavement Marking Project,
the Project) has been completed by the Contractor, SELCO, Inc. (Contractor), the City
Engineer has examined the work and recommends that the Project be accepted; and
Whereas, the final contract amount for the Project is $116,611.19; and
Whereas, the Contractor has previously been paid $110,780.63, leaving a balance of
5,830.56; and
Whereas, the City Council finds that the recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The recommendation of the City Engineer is approved, and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor the balance
of the retainage of $5,830.56 as provided in Iowa Code chapter 573, and to pay such
retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code
chapter 26.13.
Passed, approved and adopted this 21st day of January 2020.
Ric W. Jones, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF 2019 PAVEMENT
MARKING PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the 2019 Pavement Marking Project has been performed in compliance
with the terms of the Public Improvement Contract, and that the total cost of the completed
work is $118,172.59.
Dated this 14th day of January 2020.
s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 14th day of January 2020.
s/Kevin S. Firnstahl, City Clerk
7
10. Awarding the Automatic Fare Collection System and On -Demand Response Sys-
tem for the Jule Transit Fleet: City Manager recommending that the Jule Transit Auto-
matic Fare Collection System be awarded to GenFare, and the On -Demand Response
System be awarded to Ecolane. Upon motion the documents were received and filed,
and Resolution No. 19-20 Awarding the supply and installation of an Automatic Fare Col-
lection System and On-Demand Response System for the Jule Transit Fleet Project was
adopted.
RESOLUTION NO. 19-20
AWARDING THE SUPPLY AND INSTALLATION OF AN AUTOMATIC FARE COLLEC-
TION SYSTEM AND DEMAND RESPONSE SYSTEM FOR THE JULE TRANSIT FLEET
PROJECT
Whereas, sealed proposals have been submitted by vendors for the Supply and Instal-
lation of an Automatic Fare Collection System and Demand Response System for the
Jule Transit Fleet (the Project) pursuant to Notice to Bidders published on the City of
Dubuque website and with a nationwide circulation on the 15th day of October 2019; and
Whereas, said sealed proposals were opened and read on the 27th day of November
2019 and it has been determined that Ecolane’s proposed solution for on demand service
in the amount of $98,839.60 and GenFare’s proposed solution for fixed route service in
the amount of $481,193 provide the best solutions 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 Ecolane and
GenFare, a division of SPX Corporation and the City Manager is hereby directed to exe-
cute a Public Improvement Contract on behalf of the City of Dubuque for the Project.
Passed, approved and adopted this 21st day of January 2020.
Ric W. Jones, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
11. 2020-2023 AmeriCorps Partners in Learning Campaign for Grade Level Reading
Grant Application: City Manager recommending approval of the 2020 -2023 AmeriCorps
Partners in Learning Campaign for Grade-Level Reading grant application recently sub-
mitted to the Iowa Commission on Volunteer Services and now submitted to the Corpo-
ration for National and Community Service. Upon motion the documents were received,
filed and approved.
12. Iowa Economic Development Authority - HUD National Disaster Resiliency Infra-
structure Grant Update: City Manager recommending authorization for the Mayor to sign
a letter to the Iowa Economic Development Authority outlining the budget status and pos-
sible amendment to Contract #13-NDRI-011 associated with the Bee Branch Watershed
Flood Mitigation Project. Upon motion the documents were received, filed and approved.
13. Iowa Economic Development Authority - HUD National Disaster Resiliency Com-
petition Grant Budget Status: City Manager recommending authorization for the Mayor to
sign a letter to the Iowa Economic Development Authority outlining the budget status to
8
Contract #13-NDRH-001 associated with the Bee Branch Watershed Flood Mitigation
Project. Upon motion the documents were received, filed and approved.
14. Accepting Deeds for Property Owned by Dubuque’s True North Corporation: City
Manager recommending acceptance of deeds from Dubuque’s True North Corporation
for the following properties: 305 East 22nd Street, 821 Garfield Avenue, 1448 Jackson
Street, Empty Lot adjacent to 1448 Jackson, 2247 Central Avenue, 2414 Windsor Ave-
nue, 2527 Washington Street. Motion by Cavanagh to receive and file the documents and
adopt Resolution No. 20-20 Accepting the Deed to certain real estate owned by Dubu-
que’s True North Corporation in the City of Dubuque - 305 East 22nd Street; Resolution
No. 21-20 Accepting the Deed to certain real estate owned by Dubuque’s True North
Corporation in the City of Dubuque - 821 Garfield Avenue; Resolution No. 22-20 Accept-
ing the Deed to certain real estate owned by Dubuque’s True North Corporation in the
City of Dubuque - 1448 Jackson Street; Resolution No. 23-20 Accepting the Deed to
certain real estate owned by Dubuque’s True North Corporation in the City of Dubuque -
Empty Lot Abutting 1448 Jackson Street; Resolution No. 24-20 Accepting the Deed to
certain real estate owned by Dubuque’s True North Corporation in the City of Dubuque -
2247 Central Avenue; Resolution No. 25-20 Accepting the Deed to certain real estate
owned by Dubuque’s True North Corporation in the City of Dubuque – 2414 Windsor
Avenue; and Resolution No. 26-20 Accepting the Deed to certain real estate owned by
Dubuque’s True North Corporation in the City of Dubuque – 2527 Washington Street.
Seconded by Shaw. Responding to questions from the City Council, Rick Dickinson, Ex-
ecutive Director/CEO of Greater Dubuque Development Corporation, 900 Jackson Street,
stated that the City’s insurance umbrella is a benefit for transferring the deeds from True
North for redevelopment, while GDDC works with commercial properties and dedicated
partners. Addressing the impact of construction on area business owners, Mr. Dickinson
cautioned inevitable disruption, but advised utilization of small business training, coaching
and financial information. Motion carried 7 -0.
RESOLUTION NO. 20-20
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
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):
305 East 22nd Street
Parcel ID: 1024204011
Legal Description: Lot 1 of the Subdivision of Lot 1 of Kemps Subdivision in the City
of Dubuque, Iowa, according to the recorded plat thereof, subject to easements of
record; 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
9
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 21st day of January 2020.
Ric W. Jones, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 21-20
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
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):
821 Garfield Avenue
Parcel ID: 1013481013
Legal Description: Lot 6, and, the southwesterly 2 feet of lot 7, in Dreibelbis’ Addi-
tion, in the City of Dubuque, Iowa, according to the recorded Plat of said Addition;
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 21st day of January 2020.
Ric W. Jones, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
10
RESOLUTION NO. 22-20
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
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):
1448 Jackson Street
Parcel ID: 1024426008
Legal Description: The South ½ of Lot 49, and the North ½ of Lot 50, in East Dubu-
que 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 21st day of January 2020.
Ric W. Jones, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 23-20
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
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):
Jackson Street
Parcel ID: 1024426009
Legal Description: The South ½ of Lot 49, and the North ½ of Lot 50, in East Dubu-
que Addition in the City of Dubuque, Iowa, according to the recorded plat thereof ;
and
11
Whereas, the acquisition of this real estate is a voluntarily negotiated acquisit ion 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 21st day of January 2020.
Ric W. Jones, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 24-20
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
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):
2247 Central Avenue
Parcel ID: 1024129027
Legal Description: Lot 7 in Tivoli 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 21st day of January 2020.
Ric W. Jones, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
12
RESOLUTION NO. 25-20
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
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):
2414 Windsor Avenue
Parcel ID: 1013454014
Legal Description: Lot 3 and the Southerly 6 feet of Lot 2 in Kling enberg’s Subdivi-
sion of Lot 2 in Stafford’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 21st day of January 2020.
Ric W. Jones, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 26-20
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
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):
2527 Washington Street
Parcel ID: 1013335035
Legal Description: Lot 29 in E. Langworthy’s Addition of Part of Mineral Lot 320 in
the City of Dubuque, Iowa, according to the recorded plat thereof ; and
13
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 no t 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 21st day of January 2020.
Ric W. Jones, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
15. 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. 27-20 Approving applications
for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances
Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer
and Wine Licenses and Permits; and Resolution No. 28-20 Approving applications for
retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code Chapter
453A.47A were adopted.
RESOLUTION NO. 27-20
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:
Renewals
AMC Theatres Dubuque 2835 NW Arterial Class C Liquor License (Sunday)
Baymont Inn & Suites 4025 McDonald Dr. Class C Liquor License (Out-
door) (Sunday)
Fuji Asian Buffet 806 Wacker Dr. Special Class C Liquor (Sunday)
Hy-Vee Clubroom 400 S. Locust St. Special Class C Liquor (Sunday)
14
Mario's Italian Restaurant
and Lounge
1298 Main St. Class C Liquor, Class B Wine
TownePlace Suites by
Marriott
1151 Washington St. Special Class C Liquor, Class B
Wine (Living Qtrs.) (Sunday)
New
Hoffy's 285 Main St. Class C Liquor (Sunday)
The Vault Restaurant and
Cocktail Lounge
342 Main St. Class C Liquor (Sunday)
Which? Sandwich 210 W. 1st St. Class B Beer (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 21st day of January 2020.
Ric W. Jones, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 28-20
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:
The City Clerk is hereby authorized and directed to cause to be issued the following
named applicants and locations for cigarette/tobacco sales permit.
Business Name Business Address
Botanicanna 3430 Dodge St. #24
Passed, approved, and adopted this 21st day of January, 2020.
Ric W. Jones, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
1. Intent to Dispose of Property at 981 High Bluff Street: City Manager recommending
that the City Council schedule a public hearing for February 4, 2020, for the purpose of
disposing of City-owned real property located at 981 High Bluff Street to Bethany Home.
Upon motion the documents were received and filed, and Resolution No. 29-20 of Intent
to dispose of an interest in City of Dubuque real estate, setting a time and place for hear-
ing and providing for the publication of notice thereof was adopted setting a public hearing
for a meeting to commence at 6:00 p.m. on February 4, 2020 in the Historic Federal
Building.
15
RESOLUTION NO. 29-20
INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE, SET-
TING A TIME AND PLACE FOR HEARING AND PROVIDING FOR THE PUBLICATION
OF NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City) owns 981 High Bluff Street (the Property)
legally described as:
North 48.8 feet of the East half of Lot 37 in Hooper’s Addition to the City of Dubuque,
Iowa, according to the recorded plat thereof; and
Whereas, the City acquired the Property by petition as an abandoned property for the
purpose of demolishing the structure and selling the lot to an abutting property owner;
and
Whereas, Bethany Home is an abutting property owner and the intention is to demolish
the residence and appropriately maintain the land.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Council shall conduct a public hearing on the proposed disposition
of real estate in the City Council Chambers at the Historic Federal Building, 350 W. 6th
Street, Dubuque, Iowa on the 4th day of February 2020 beginning at 6:00 p.m.
Section 2. The City Clerk be and is hereby authorized and directed to publish notice of
the public hearing in the form attached hereto, according to law.
Passed, approved and adopted this 21st day of January 2020.
Ric W. Jones, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
2. Community Development Block Grant Consolidated Plan and Annual Action Plan:
City Manager recommending that the City Council set a public hearing for February 26
for the Community Development Block Grant 5-Year Consolidated Plan (2021-2025),
which includes the FY 2021 Annual Action Plan, for the use of Community Development
Block Grant funds. Upon motion the documents were received and filed, and Resolution
No. 30-20 Setting a public hearing on Community Development Block Grant 5 -Year Con-
solidated Plan including the Fiscal Year 2021 (Program Year 2020) Community Develop-
ment Block Grant (CDBG) Annual Action Plan Budget was adopted setting a public hear-
ing for a meeting to commence at 6:00 p.m. on February 26, 2020 in the Historic Federal
Building.
RESOLUTION NO. 30-20
SETTING A PUBLIC HEARING ON COMMUNITY DEVELOPMENT BLOCK GRANT 5-
YEAR CONSOLIDATED PLAN INCLUDING THE FISCAL YEAR 2021 (PROGRAM
YEAR 2020) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL AC-
TION PLAN BUDGET
Whereas, the City of Dubuque has prepared a proposed Community Development
Block Grant 5-Year Consolidated Plan (2021-2025), including an Analysis of Impediments
to Fair Housing; and
Whereas, the City of Dubuque has also prepared the Fiscal Year 2021 (Program Year
2020) Community Development Block Grant Annual Action Plan as part of the 5-Year
16
Consolidated Plan (2021-2025) for the use of Community Development Block Grant funds
for inclusion in the City Budget; and
Whereas, the City desires to hold a public hearing to receive comment on the proposed
5-Year Consolidated Plan (2021-2025) and Fiscal Year 2021 (Program Year 2020) Com-
munity Development Block Grant Annual Action Plan addressing both housing and non -
housing needs in the community.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council will meet in the Historic Federal Building, Council
Chambers, 2nd Floor, 350 West 6th Street, Dubuque, Iowa at 6:00 p.m. on February 26,
2020 for the purpose of holding a public hearing and taking action to approve the Com-
munity Development Block Grant 5-Year Consolidated Plan (2021-2025) and include the
Fiscal Year 2021 (Program Year 2020) Community Development Block Grant Annual Ac-
tion Plan in the City Budget.
Section 2. That the City Clerk is hereby authorized and directed to publis h a notice of
such public hearing and the City Council’s intent to review and take action on the Com-
munity Development Block Grant 5-Year Consolidated Plan (2021-2025) including the
Fiscal Year 2021 (Program Year 2020) Community Development Block Grant Annual
Plan.
Passed, approved and adopted this 21st day of January 2020.
Ric W. Jones, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Applications were reviewed for the following Boards/Commissions. Applicants were
invited to address the City Council regarding their desire to serve on the following
Boards/Commissions.
1. Catfish Creek Watershed Management Authority: One, 4-Year term through July 16,
2020 (Vacant term of Patten). Applicant: Jared McGovern, 360 South Grandview Ave.
Mr. McGovern spoke in support of his appointment and provided a brief biography.
2. Community Development Advisory Commission: Three, 3-Year terms through Feb-
ruary 15, 2023. (Expiring At-Large term of Dalton; Expiring LMI term of Hammel; Vacant
LMI term of Burley). Applicants: Hilary Dalton, 1629 Washington St. (Qualifies for At-
Large and LMI Rep.), Kelly Fox, 838 Althauser St. (Qualifies for At-Large and LMI Rep.),
Gerald Hammel, 1225 Rhomberg Ave. (Qualifies for At-Large and LMI). Ms. Dalton and
Ms. Fox spoke in support of their respective appointments and provided a brief biography.
3. Housing Commission: One, 3-Year term through August 17, 2021 (Vacant term of
Cavanagh). Applicant: Hilary Dalton, 1629 Washington St. Ms. Dalton again spoke in
support of her appointment and described her personal experiences with housing issues.
4. Human Rights Commission: Two, 3-Year terms through January 1, 2023 (Expiring
Term of Jackson and Vacant term of Parks). Applicants: Michael Durnin, 3560 Pennsyl-
vania Ave. Miquel Jackson, 1461 Jackson St. This commission is subject to the State of
Iowa Gender Balance Law. Mr. Durnin spoke in support of his appointment.
17
Appointments were made to the following Boards/Commissions.
5. Historic Preservation Commission: One, 3-Year term through July 21, 2021 (Vacant
term of Kopczyk). Applicant: Craig Reber, 760 Fremont Ave. Motion by Shaw to appoint
Mr. Reber to the 3-year term through July 21, 2021. Seconded by Cavanagh. Motion
carried 7-0.
6. Mediacom Charitable Foundation: Two, 1-Year terms through December 31, 2020
Expiring terms of Chavenelle and Twining). Applicants: Gail Chavenelle, 1155 Kelly Ln.;
and Constance Twining, 1818 Avalon Rd. (Additional Applicant). Motion by Resnick to
appoint Ms. Chavenelle and Ms. Twining to 1-year terms through December 31, 2020.
Seconded by Shaw. Motion carried 7-0.
7. Resilient Community Advisory Commission: One, 3-Year term through July 21, 2021
Vacant term of Roussell). Applicant: Craig Reber, 760 Fremont Ave. (Qualifies if ap-
pointed previously to the Historic Preservation Commission). Motion by Shaw to appoint
Mr. Reber to the 3-year term through July 21, 2021. Seconded by Roussell. Motion carried
7-0.
8. Zoning Advisory Commission: One, 3-Year term through July 1, 2021 (Vacant term
of Roussell); and One, 3-Year term through July 1, 2020 (Vacant term of Henschel). The
City Clerk noted that Member Norton will serve at-will so the vacant term of Henschel will
be filled. Applicants: Rebecca Kemp, 3195 Kerry Ct. (Additional Applicant); Brittany Loef-
felholz, 1414 N. Algona St. Mayor Pro Tem Jones stated that after a roll-call vote, the
applicant with the greatest number of votes would be appointed to the term through 2021.
Upon roll-call vote, Brittany Loeffelholz was appointed the a 3-year term through July 1,
2021; and Rebecca Kemp was appointed to a e-year term through July 1, 2020. (Kemp
Shaw, Buol; Loeffelholz = Cavanagh, Roussell, Resnick, Sprank, Jones).
PUBLIC HEARINGS
1. Request to Rezone Property at 245 Railroad Avenue: Proof of publication on notice
of public hearing to consider approval of a request from Mehta, LLC to rezone property
located at 245 Railroad Avenue from LI Light Industrial Zoning District to C-3 General
Commercial Zoning District, and the Zoning Advisory Commission recommending ap-
proval. Motion by Resnick 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 Shaw. Appli-
cant Ed Severens was present in the Chambers for comment. Planning Services Manager
Laura Cartsens provided a staff report. Motion carried 7-0.
Motion by Resnick for final consideration and passage of Ordinance No. 1-20 Amend-
ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at 245 Railroad Avenue from LI Light
Industrial District to C-3 General Commercial District. Seconded by Shaw. Motion carried
7-0.
ORDINANCE NO. 1-20
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED
18
PROPERTY LOCATED AT 245 RAILROAD AVENUE FROM LI LIGHT INDUSTRIAL
DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Develop-
ment Code, is hereby amended by reclassifying the hereinafter–described property from
LI Light Industrial District to C-3 General Commercial District, to wit:
Blk A Industrial Sub, and to the centerline of the adjoining public right-of-way, all in
the City of Dubuque, Iowa.
Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect immediately upon publication as provided
by law.
Passed, approved and adopted this 21st day of January 2020.
Ric W. Jones, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 24 th day of January 2020.
s/Kevin S. Firnstahl, City Clerk
2. Roshek Building Revocable License and Grant of Easements: Proof of publication
on notice of public hearing to consider approval of the Revocable License and Grant of
Easements to Roshek Property, LLC, and the City Attorney recommending approval. Mo-
tion by Resnick to receive and file the documents and adopt Resolution No. 31-20 Ap-
proving the Revocable License and Grant of Easements by the City of Dubuque, Iowa to
Roshek Property, LLC. Seconded by Roussell. Responding to questions from the City
Council, City Attorney Brumwell stated that the license and easements were already in
place and are now just being transferred to the new owner. Motion carried 7-0.
RESOLUTION NO. 31-20
APPROVING THE REVOCABLE LICENSE AND GRANT OF EASEMENTS BY THE
CITY OF DUBUQUE, IOWA TO ROSHEK PROPERTY, LLC
Whereas, the Development Agreement by and among the City of Dubuque, Roshek
Property, LLC, Cottingham & Butler, Inc., and Heartland Financial USA, Inc., dated the
16th day of December 2019, requires that the City deliver to Roshek Property, LLC appro-
priate documents authorizing certain encroachments in the public right of way on and
adjacent to the Roshek Building; and
Whereas, the Revocable License and the Grant of Easements attached hereto identify
the encroachments; and
Whereas, the City Council has determined that approving the Revocable License and
Grant of Easements is in the best interests of the City; and
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on January 6, 2020 at 6:00 p.m. in the Historic Federal Building, 350 W. 6th
Street, Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
19
Section 1. The City Council approves the Revocable License and Grant of Easements
attached hereto.
Section 2. The Mayor is authorized and directed to sign the Revocable License and
Grant of Easements on behalf of the City of Dubuque
Passed, approved and adopted this 21st day of January, 2020.
Ric W. Jones, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
3. North Cascade Road Water Main Extension - Creek Crossing Project: Proof of pub-
lication on notice of public hearing to consider approval of approval of plans, specifica-
tions, form of contract, and estimated cost for the North Cascade Road Water Main Ex-
tension - Creek Crossing Project, and the City Manager recommending approval. Motion
by Cavanagh to receive and file the documents and adopt Resolution No. 32-20 Approval
of plans, specifications, form of contract and estimated cost for the North Cascade Road
Water Main Extension Creek Crossing Project. Seconded by Shaw. Motion carried 7-0.
RESOLUTION NO. 32-20
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI-
MATED COST FOR THE NORTH CASCADE ROAD WATER MAIN EXTENSION
CREEK CROSSING PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
The proposed plans, specifications, form of contract and estimated cost for the North
Cascade Road Water Main Extension - Creek Crossing Project, in the estimated amount
331,000.00, are hereby approved.
Passed, adopted and approved this 21st day of January 2020.
Ric W. Jones, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
PUBLIC INPUT
David Solberg, 1387 Tomahawk Drive; and Father Jack Paisley, 816 Euclid Street,
reported information from the Ride the Rails Group including meetings with the Illinois
Department of Transportation, monthly group meetings in Galena, a feasibility study for
the Rockford, IL/Dubuque rail line, meetings regarding a Quad Cities/Iowa City rail line
and a Dubuque/Waterloo/Cedar Falls rail line. Mr. Solberg and Fr. Paisley welcomed ad-
vocacy.
Anthony Allen, President of the local NAACP Chapter; Lynn Sutton, 849 Air Hill; Kathy
Sutton, 1002 Clarke Crest Ct.; and Tom Loguidice, 786 Stone Ridge Pl., respectively
spoke in support of a Source of Income ordinance, a language-appropriate brochure from
Inclusive Dubuque for landlords and renters, and making problem properties and equita-
ble, affordable housing a City priority.
20
ACTION ITEMS
1. Awarding Chaplain Schmitt Island Veteran's Memorial Project: City Manager recom-
mending award of the Chaplain Schmitt Island Veteran's Memorial Project construction
contract to the low bidder Conlon Construction Company. Motion by Resnick to receive
and file the documents and adopt Resolution No. 33-20 Awarding public improvement
contact for the Chaplain Schmitt Veteran's Memorial Project . Seconded by Roussell. Mo-
tion carried 7-0.
RESOLUTION NO. 33-20
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE CHAPLAIN SCHMITT
VETERANS MEMORIAL PROJECT
Whereas, sealed proposals have been submitted by contractors for the Chaplain
Schmitt Veterans Memorial Project, (the Project) pursuant to Resolution No. 439 -19 and
Notice to Bidders published on the City of Dubuque website and in a contractor plan room
service with statewide circulation on the 20th day of December 2019; and
Whereas, said sealed proposals were opened and read on the 14th day of January
2020 and it has been determined that Conlon Construction Company of Dubuque, IA,
with a bid in the amount of $2,560,000.00 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 Conlon Construc-
tion Company 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 21st day of January 2020.
Ric W. Jones, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
2. Code of Ordinances Amendment Title 7 -Parental Responsibility: City Manager rec-
ommending amendments to the City of Dubuque Code of Ordinances Section 7 -5D-4
Parental Responsibility Ordinance that modifies some penalties to adjust to changes in
the parenting class available to defendants and to reflect actual enforcement practices.
Staff will make a brief presentation. Motion by Resnick to receive and file the documents
and that the requirement that a proposed ordinance be considered and voted on for pas-
sage at two Council meetings prior to the meeting at which it is to be passed be sus-
pended. Seconded by Cavanagh. Assistant City Attorney Maureen Quann provided a
brief slide presentation on the history of the ordinance, enforcement and the effect of the
amendment citing the benefit of partnering with the Visiting Nurse Association for offering
parenting classes required in the ordinance as preventative step away from municipal
infractions. Ms. Quann and Police Chief Mark Dalsing responded to questions from the
City Council about measuring success with the enforcement process through the issu-
ance of initial warning letters, a decrease in repeat offenders, working with the inaction of
parents, types of enforceable behavior, the effect of School Resource Officers, concerns
21
with the absence of socio-economic information, high threshold for parents and their chil-
dren to meet, and the impracticality of a curfew. Motion carried 7-0.
Motion by Resnick for final consideration and passage of Ordinance No. 2-20 Amend-
ing City of Dubuque Code of Ordinances Title 7 Police, Fire and Public Safety, Chapter 5
Offenses, Article D Parental Responsibility, Section 7 -5D-4 Penalties. Seconded by
Roussell. Motion carried 7-0.
ORDINANCE NO. 2-20
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 7 POLICE, FIRE
AND PUBLIC SAFETY, CHAPTER 5 OFFENSES, ARTICLE D PARENTAL RESPON-
SIBILITY, SECTION 7-5D-4 PENALTIES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 7-5D-4 of the City of Dubuque Code of Ordinances is amended to
read as follows:
7-5D-4: PENALTIES:
A. For a first violation of section 7-5D-3 of this article, the city will issue the parent a
warning letter that the parent is in violation of section 7-5D-3 of this article with a de-
scription of the nature of the parent's violation and a statement setting forth the fines
and/or consequences of future violations.
B. A second violation of section 7-5D-3 of this article is a municipal infraction for
which the fine is two hundred fifty dollars ($250.00). In lieu of a fine, and subject to the
approval of the chief of police, the parent may elect to attend, successfully complete,
and provide proof of completion within one hundred eighty (180) days of the date of
the notice of the violation, a recognized course of instruction on parenting skills and/or
techniques.
C. A third violation of section 7-5D-3 of this article is a municipal infraction for which
the fine is five hundred dollars ($500.00). In lieu of a fine, and subject to the approval
of the chief of police, the parent may elect to attend, successfully complete, and provide
proof of completion within one hundred eighty (180) days of the date of the notice of
the violation, a recognized course of instruction on parenting skills and/or techniques
but only if the parent has not previously attended such course under subsection B of
this section.
D. A fourth and any subsequent violation of section 7-5D-3 of this article is a munic-
ipal infraction for which the fine is one thousand dollars ($1,000.00) for each such vio-
lation. In addition, the chief of police will refer the violation to the county attorney for
review of whether the issuance of a criminal charge under Iowa Code section 709A.1
and/or whether a proceeding under Iowa Code chapter 232, child or family in need of
assistance, is appropriate.
Section 2. This Ordinance takes effect on publication.
Passed, approved, and adopted the 21st day of January 2020.
Ric W. Jones, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 24th day of January 2020.
s/Kevin S. Firnstahl, City Clerk
22
3. Code of Ordinances Amendment to Multiple Titles (1, 2, 3, 12, 13) - Director of Fi-
nance and Budget Position: City Manager recommending approval of an ordinance
amending multiple sections of the City of Dubuque Code of Ordinances to reflect the new
title of the Director of Finance and Budget as a result of consolidating positions. Motion
by Resnick 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 Shaw. Motion carried 7 -
0.
Motion by Cavanagh for final consideration and passage of Ordinance No. 3-20
Amending City of Dubuque Code of Ordinances: •Title 1 Administration, Chapter 7 City
Officers and Employees, Section 1-7-1 Bonds of Officers and Employees; •Title 1 Admin-
istration, Chapter 7 City Officers and Employees, Section 1 -7-2 Deposits of City Funds;
Title 1 Administration, Chapter 7 City Officers and Employees, Section 1 -7-7 Finance
Director-City Treasurer; •Title 2 Boards and Commissions, Chapter 3 Investment Over-
sight Advisory Commission, Section 2-3-13 Powers; •Title 2 Boards and Commissions,
Chapter 3 Investment Oversight Advisory Commission, Section 2-3-14 Reports Provided;
Title 3 Revenue and Taxation, Chapter 4 Economic Development, Article C Speculative
Shell Buildings of Community Development Organizations and For-Profit Entities, Section
3-4C-3 Application for Exemption by Property Owner; •Title 12 Airport, Chapter 4 Airport
Commission, Section 12-4-13 Powers; •Title 13 Public Utilities, Chapter 1 Water Use and
Service, Article C Rates, Section 13-1C-4 Payment of Bills; •Title 13 Public Utilities, Chap-
ter 2 Sewers and Sewage Disposal, Article C Rates, Section 13-2C-5 Lien for Failure to
Pay; •Title 13 Public Utilities, Chapter 4 Stormwater Management, Section 13 -4-5 SFU
Rate, Charges; Utility Revenues; •Title 13 Public Utilities, Chapter 4 Stormwater Manage-
ment, Section 13-4-13 Expenses of Collection of Charges; •Title 13 Public Utilities, Chap-
ter 6 Solid Waste, Article A City or Private Collection Service, Section 13-6A-7 Charges;
Billing and Collection. Seconded by Resnick. Motion carried 7-0.
ORDINANCE NO. 3-20
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES: TITLE 1 ADMINISTRA-
TION, CHAPTER 7 CITY OFFICERS AND EMPLOYEES, SECTION 1 -7-1 BONDS OF
OFFICERS AND EMPLOYEES; TITLE 1 ADMINISTRATION, CHAPTER 7 CITY OF-
FICERS AND EMPLOYEES, SECTION 1-7-2 DEPOSITS OF CITY FUNDS; TITLE 1
ADMINISTRATION, CHAPTER 7 CITY OFFICERS AND EMPLOYEES, SECTION 1-7-
7 FINANCE DIRECTOR-CITY TREASURER; TITLE 2 BOARDS AND COMMISSIONS,
CHAPTER 3 INVESTMENT OVERSIGHT ADVISORY COMMISSION, SECTION 2 -3-13
POWERS; TITLE 2 BOARDS AND COMMISSIONS, CHAPTER 3 INVESTMENT OVER-
SIGHT ADVISORY COMMISSION, SECTION 2-3-14 REPORTS PROVIDED; TITLE 3
REVENUE AND TAXATION, CHAPTER 4 ECONOMIC DEVELOPMENT, ARTICLE C
SPECULATIVE SHELL BUILDINGS OF COMMUNITY DEVELOPMENT ORGANIZA-
TIONS AND FOR PROFIT ENTITIES, SECTION 3-4C-3 APPLICATION FOR EXEMP-
TION BY PROPERTY OWNER; TITLE 12 AIRPORT, CHAPTER 4 AIRPORT COMMIS-
SION, SECTION 12-4-13 POWERS; TITLE 13 PUBLIC UTILITIES, CHAPTER 1 WA-
TER USE AND SERVICE, ARTICLE C RATES, SECTION 13-1C-4 PAYMENT OF
BILLS; TITLE 13 PUBLIC UTILITIES, CHAPTER 2 SEWERS AND SEWAGE DIS-
POSAL, ARTICLE C RATES, SECTION 13-2C-5 LIEN FOR FAILURE TO PAY; TITLE
23
13 PUBLIC UTILITIES, CHAPTER 4 STORMWATER MANAGEMENT, SECTION 13-4-
5 SFU RATE, CHARGES; UTILITY REVENUES; TITLE 13 PUBLIC UTILITIES, CHAP-
TER 4 STORMWATER MANAGEMENT, SECTION 13-4-13 EXPENSES OF COLLEC-
TION OF CHARGES; TITLE 13 PUBLIC UTILITIES, CHAPTER 6 SOLID WASTE, AR-
TICLE A CITY OR PRIVATE COLLECTION SERVICE, SECTION 13-6A-7 CHARGES;
BILLING AND COLLECTION
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 1-7-1 of the City of Dubuque Code of Ordinances is amended to
read as follows:
1-7-1: BONDS OF OFFICERS AND EMPLOYEES:
A. Certain Officers: The following officers of the city shall give official bonds in the
following penal sums, the premium being paid by the city, in the form set forth in section
64.2 of the Code of Iowa:
City Manager: $1,000,000.00
Director of Finance and Budget: 1,000,000.00
City Treasurer: 1,000,000.00
B. Other Officers and Employees: All other officers and employees of the city shall be
covered by an official bond in the penal sum in the amount of one million dollars
1,000,000.00) each.
Section 2. Section 1-7-2 of the City of Dubuque Code of Ordinances is amended to
read as follows:
1-7-1: DEPOSITS OF CITY FUNDS:
Each department, division and other agency of the city shall deposit all funds collected
on behalf of the city timely with the city treasurer together with an accounting indicating
the sources thereof and obtain a receipt from the city treasurer for the funds, or deposit
the funds directly in city bank accounts as directed by the city treasurer and provide t he
city treasurer a duplicate deposit receipt together with an accounting indicating the
sources of funds.
Section 3. Section 1-7-7 of the City of Dubuque Code of Ordinances is amended to
read as follows:
1-7-7: CITY TREASURER:
A. Duties Generally: The duties of the city treasurer shall be as provided in this section.
B. Fund Records Kept Separate: The city treasurer shall keep records of each fund
separate.
C. Receipt Records: The city treasurer shall keep an accurate record of all money or
securities received by the city treasurer on behalf of the municipality and specify date,
from whom, and for what purpose received.
D. Preparation of Receipts: The city treasurer shall prepare receipts for all funds re-
ceived. The city treasurer shall retain a receipt copy and provide each department a re-
ceipt copy.
E. Account of Disbursements: The city treasurer shall keep an accurate account of all
disbursements, money or property, specifying date, to whom, and from what fund paid.
F. Special Assessments Accounts: The city treasurer shall keep a separate account of
all money received by the city treasurer from special assessments.
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G. Disposition Of Receipts: The city treasurer shall, immediately upon receipt of mon-
ies to be held in the city treasurer's custody and belonging to the city, deposit the same
in banks selected by the city council in amounts not exceeding monetary limits authorized
by the city council. In the case of deposited checks returned for nonsufficient funds, the
city treasurer shall adjust the recorded deposit and attempt to collect the returned check.
The city treasurer may also assess a surcharge not to exceed the amount allowed by law
for processing checks returned for nonsufficient funds and against the party who submit-
ted the nonsufficient funds check. The returned check surcharge shall be added to the
outstanding bill of the party who submitted the nonsufficient funds check.
H. Certification Of Delinquent Utility Billing Charges: Pursuant to Iowa Code section
384.84, the city treasurer will prepare, at least quarterly, an assessment schedule listing
all delinquent utility billing charges and late payment charges which accrued in the prior
month or since the last assessment schedule was prepared, and the city treasurer is
hereby delegated the authority, on behalf of the city, to certify and file each such assess-
ment schedule with the county treasurer.
Section 4. Section 2-3-13 of the City of Dubuque Code of Ordinances is amended to
read as follows:
2-3-13: POWERS:
The commission has the following powers, duties, and responsibilities:
A. To review the actions and decisions of the director of finance and budget and the
city's money managers for compliance with the city's investment policy and report any
noncompliance to the city council;
Section 5. Section 2-3-14 of the City of Dubuque Code of Ordinances is amended to
read as follows:
2-3-13: REPORTS PROVIDED:
The director of finance and budget must provide the commission with monthly, quar-
terly, and annual reports prepared by the director of finance and budget and the city's
financial advisors.
Section 6. Section 3-4C-3 of the City of Dubuque Code of Ordinances is amended to
read as follows:
3-4C-3: APPLICATION FOR EXEMPTION BY PROPERTY OWNER:
An application shall be filed for each project resulting in actual value added for which
an exemption is claimed. The application for exemption shall be filed by the owner of the
property with the local assessor by February 1 of the assessment year in which the value
added is first assessed for taxation. Applications for exemption shall be made on forms
prescribed by the city treasurer and shall contain information pertaining to the nature of
the improvement, its cost, and other information deemed necessary by the director of
revenue. A person may submit a proposal to the city council to receive prior approval for
eligibility for a tax exemption on new construction. The city council, by ordinance, may
give its prior approval of a tax exemption for new construction if the new construction is
in conformance with the zoning plans for the city. The prior approval shall also be subject
to the hearing requirements of Iowa Code section 427B.1. Prior approval does not entitle
the owner to exemption from taxation until the new construction has been completed and
found to be qualified real estate. However, if the tax exemption for new construction is not
25
approved, the person may submit an amended proposal to the city council to approve or
reject.
Section 7. Section 12-4-13 of the City of Dubuque Code of Ordinances is amended to
read as follows:
12-4-13: POWERS:
B. All funds derived from taxation or otherwise for airport purposes are under the con-
trol of the commission for the purposes of management, operation, and control of the
airport and must be deposited with the director of finance and budget to the credit of the
commission and must be disbursed only on the written warrant or order of the commission
including the payment of all indebtedness arising from the acquisition and construction of
airports and the maintenance, operation, and extension thereof.
Section 8. Section 13-1C-4 of the City of Dubuque Code of Ordinances is amended to
rea as follows:
13-1C-4: PAYMENT OF BILLS:
D. Lien for Nonpayment:
1. The city will have a lien upon the real property served by the city's water system for
all delinquent charges. It is the duty of the city treasurer to certify such delinquent charges,
plus the costs of administration, to the county treasurer and all such delinquent charges
and costs will then constitute a lien against said property and be collected with and in the
same manner as general property taxes on said property.
5. If full payment of all charges billed in an active water service account billing state-
ment, including late payment charges, is not received within sixty (60) days after the billing
date, the city treasurer, as the city's billing and collection agent, will prepare an assess-
ment schedule listing such unpaid charges therein.
If full payment of all charges billed in a final water service account billing statement,
including late payment charges, is not received within sixty (60) days after the billing date,
the city treasurer, as the city's billing and collection agent, will prepare an assessment
schedule listing such unpaid charges therein.
A five dollar ($5.00) administrative processing fee will be charged to each delinquent
account at the time it is included in the assessment schedule, which amount will be sep-
arately identified on the assessment schedule and included in the amount being as-
sessed. The city treasurer will prepare an assessment schedule at least quarterly, listing
all delinquent water service charges, and late payment charges, which accrued in the
prior month or since the last assessment schedule was certified. Each such assessment
schedule must also identify each delinquent charge by name of the account holder in
whose name the delinquent rates or charges were incurred, must identify each property
for which water service charge is delinquent, and must show the delinquent charges and
the administrative processing fee to be assessed against each such property owned or
rented by the delinquent account holder. The city treasurer is hereby delegated the au-
thority, on behalf of the city, to certify and file each such assessment schedule with the
county treasurer as provided in the Iowa Code section 384.84.
26
Section 9. Section 13-2C-5 of the City of Dubuque Code of Ordinances is amended to
read as follows:
13-2C-5: LIEN FOR FAILURE TO PAY:
B. Certification Of Charges: It is the duty of the city treasurer to certify the actual rates
and charges plus the costs of administration to the county treasurer as provided in section
13-1C-4 of this title, and all such costs will then constitute a lien against said property and
be collected with and in the same manner as general property taxes on said property.
Section 10. Section 13-4-5 of the City of Dubuque Code of Ordinances is amended to
read as follows:
13-4-5: SFU RATE, CHARGES; UTILITY REVENUES:
C. Application And Computation: The stormwater management charges provided in
sections 13-4-6 through 13-4-8 of this chapter shall be applied and computed for each
contributor during the customary billing periods as to all bills mailed by the city treasurer,
and such charges shall thereafter be paid and collected as provided in this chapter.
Section 11. Section 13-4-13 of the City of Dubuque Code of Ordinances is amended
to read as follows:
13-4-13: EXPENSES OF COLLECTION OF CHARGES:
The incremental cost of collecting and accounting for all stormwater management
charges, including reasonable compensation to the city treasurer; the maintenance of all
books and records; the employment of necessary personnel; the cost of all books, rec-
ords, materials and supplies; the obtaining and maintaining of all office and storage
space; and all other costs and expenses reasonably necessary in connection therewith
or incidental thereto, shall be a part of the cost of operating the stormwater utility and shall
be incurred when the city treasurer, in the exercise of his or her judgment, shall so deter-
mine. The incremental cost thereof shall be deducted by the director of finance and
budget, upon his or her certification as to the amount thereof, from the remittance to which
it relates, subject to the condition that any proposed change in any method of computing
such incremental cost may be effective prospectively only and only after such proposed
change shall have been submitted to and approved by the city council.
Section 12. Section 13-6A-7 of the City of Dubuque Code of Ordinances is amended
to read as follows:
13-6A-7: CHARGES; BILLING AND COLLECTION:
D. Certify Delinquent Accounts To County Treasurer: It is the duty of the City Treasurer
to certify the actual rates and fees plus the costs of administration to the County Treasurer
as provided in section 13-1C-4 of this title and all such costs will constitute a lien against
said property and be collected with and in the same manner as general Property Taxes
on said property.
Section 13. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 21st day of January 2020.
Ric W. Jones, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 24th day of January 2020.
27
s/Kevin S. Firnstahl, City Clerk
4. Code of Ordinances Amendment - Title 6-5-1 Prohibited Noises and Title 7-5A-1
Disorderly Conduct: City Manager recommending approval of City Code of Ordinances
Section 6-5-1 Prohibited Noises and Section 7-5A-1 Disorderly Conduct to amend the
language by inserting mens rea language – “intentionally, knowingly or recklessly” caus-
ing reasonable distress to the occupants as suggested by the Iowa Attorney General
based on a U.S. District Court ruling. Motion by Resnick to receive and file the documents
and that the requirement that a proposed ordinance be considered and voted on for pas-
sage at two Council meetings prior to the meeting at which it is to be passed be sus-
pended. Seconded by Sprank. Motion carried 7-0.
Motion by Resnick for final consideration and passage of Ordinance No. 4-20 Amend-
ing City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation and Environ-
ment, Chapter 5 Noises, Section 6-5-1 Prohibited Noises; and Ordinance No. 5-20
Amending City of Dubuque Code of Ordinances Title 7 Police, Fire and Public Safety,
Chapter 5 Offenses, Article A General Offenses, Section 7-5A-1 Disorderly Conduct. Se-
conded by Cavanagh. Motion carried 7-0.
ORDINANCE NO. 4-20
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH, HOUS-
ING, SANITATION AND ENVIRONMENT, CHAPTER 5 NOISES, SECTION 6-5-1 PRO-
HIBITED NOISES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 6-5-1 of the City of Dubuque Code of Ordinances is amended to
read as follows:
6-5-1: PROHIBITED NOISES:
No person shall intentionally, knowingly, recklessly, or with wanton disregard for the
distress of those nearby cause or permit any loud and excessive noise that results in
annoyance or discomfort to a reasonable person of normal sensitivities. Without limiting
or precluding enforcement of any other provision of this chapter or this Code, the following
are hereby prohibited:
A. Horns, Signaling Devices: The sounding of any horn or signaling device such as
that on any automobile, motorcycle, bus or other vehicle on any street or public place of
the City, except as a danger warning, or the sounding of any such device for an unnec-
essary and unreasonable period of time.
B. Crying of Wares: The sale by outcry within any area of the City zoned for residential
uses. However, this subsection shall not be construed to prohibit the selling by outcry of
merchandise, food and beverages at licensed sporting events, parades, fairs, circuses
and other similar licensed public entertainment events, nor to prohibit the selling of news-
papers by outcry.
C. Animals And Fowl: The keeping of, upon any premises owned, occupied or con-
trolled by any person, any animal or fowl otherwise permitted to be kept which, by any
sound or cry, shall cause annoyance or discomfort to a reasonable person of normal
sensibilities.
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D. Loading, Unloading, Opening Boxes: The creation of any loud and excessive noise
in connection with loading or unloading any vehicle or the opening and destruction of
bales, boxes, crates and containers.
E. Schools, Courts, Churches, Hospitals: The creation of any loud and excessive noise
on any street adjacent to any school, institution of learning, church or court while same is
in use, or adjacent to any hospital, which unreasonably interferes with the workings of
such institution, or which disturbs or unduly annoys patients in the hospital.
F. Construction: The creation of any loud or excessive noise resulting from erection,
excavation, demolition, alteration or repairs related to any structure, infrastructure, or
building except between the hours of seven o'clock (7:00) a.m. and eight o'clock (8:00)
p.m., Monday through Friday, and nine o'clock (9:00) a.m. and six o'clock (6:00) p.m. on
Saturday and Sunday.
G. Pile Drivers, Pneumatic Hammers: The operation of any pile driver, pipe ramming,
pneumatic hammer, or similar construction equipment, except between the hours of eight
o'clock (8:00) a.m. and six o'clock (6:00) p.m., Monday through Friday, and nine o'clock
9:00) a.m. and six o'clock (6:00) p.m., Saturday and Sunday, and when so permitted,
only if equipped with an effective muffling device.
H. Refuse or Recyclables Collection: The collection of garbage, trash, refuse or recy-
clables in any area zoned residential except between the hours of six o'clock (6:00) a.m.
and nine o'clock (9:00) p.m. of any day and, when so permitted, only in a manner so as
not to create a loud or excessive noise.
I. Vehicle Repairs: The creation of loud and excessive noise resulting from the repair
or rebuilding of any motor vehicle within any residential area of the City except between
the hours of nine o'clock (9:00) a.m. and nine o'clock (9:00) p.m. daily but only in such a
manner that a reasonable person of normal sensitivities residing in the area will not be
caused discomfort or annoyance.
J. Exhausts: The discharge into the open air of the exhaust of any engine, including a
steam engine, internal combustion engine, motorboat or motor vehicle or the discharge
of air or other gases except through a muffler or other device that will effectively prevent
loud or explosive noises therefrom.
K. Stationary Machinery, Equipment and Fans: The operation of any immobile ma-
chine, equipment, pump, fan or similar mechanical device in any manner so as to create
any loud and excessive noise.
L. Loud, Unnecessary Or Unusual Noise: Notwithstanding any other provision of this
chapter or Code, and in addition thereto, it shall be unlawful for any person to make or
continue or cause to be made or continued any loud, unnecessary, or unusual noise which
disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance
to any reasonable person of normal sensitivities.
M. Outdoor Music or Amplified Noise:
1. The making or continuing to make any outdoor music or amplified noise between
the hours of ten o'clock (10:00) p.m. on Sunday and nine o'clock (9:00) a.m. on Monday,
ten o'clock (10:00) p.m. on Monday and nine o'clock (9:00) a.m. on Tuesday, ten o'clock
10:00) p.m. on Tuesday and nine o'clock (9:00) a.m. on Wednesday, ten o'clock (10:00)
p.m. on Wednesday and nine o'clock (9:00) a.m. on Thursday, ten o'clock (10:00) p.m.
on Thursday and nine o'clock (9:00) a.m. on Friday, twelve o'clock (12:00) midnight on
Friday and nine o'clock (9:00) a.m. on Saturday and twelve o'clock (12:00) midnight on
29
Saturday and nine o'clock (9:00) a.m. on Sunday, when the person making or causing to
make such music or noise knows or reasonably should know the music or noise would
disturb the peace of a reasonable person; or
2. During the course of sport team and intramural practices conducted on the grounds
of a Dubuque public or parochial school or college campuses.
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 21st day of January 2020.
Ric W. Jones, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 24th day of January 2020.
s/Kevin S. Firnstahl, City Clerk
ORDINANCE NO. 5-20
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 7 POLICE, FIRE
AND PUBLIC SAFETY, CHAPTER 5 OFFENSES, ARTICLE A GENERAL OFFENSES,
SECTION 7-5A-1 DISORDERLY CONDUCT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 7-5A-1 of the City of Dubuque Code of Ordinances is amended to
read as follows:
7-5A-1: DISORDERLY CONDUCT:
It shall be unlawful for any person to do any of the following:
A. Fighting: Engage in fighting or violent behavior or invite or defy another person to
fight; provided, that participants in athletic contests may engage in such conduct which is
reasonably related to that sport.
B. Noise, Disturbance: Intentionally, knowingly, recklessly, or with wanton disregard
for the distress of those nearby make unusually loud or excessive noise which results in
the disturbance of the peace and the public quiet of a neighborhood.
C. Noise, Breach Of The Peace: Intentionally, knowingly, recklessly, or with wanton
disregard for the distress of those nearby permit upon any premises owned, occupied,
possessed or controlled by such person any unusually loud or excessive noise in such a
manner calculated to provoke a breach of the peace of others, or the public quiet of the
neighborhood.
D. Abusive Language: Direct abusive language or make any threatening gesture which
the person knows or reasonably should know is likely to provoke a violent reaction by
another.
E. Disturbing Lawful Assembly: Without lawful authority or order of authority, disturb
any lawful assembly or meeting of persons by conduct intended to disrupt the meeting or
assembly.
F. Obstructing Streets: Without authority, obstruct any street, sidewalk, highway or
other public way.
G. Soliciting Contributions, Peddling on Roadways: Without authority, solicit contribu-
tions, distribute literature, or otherwise peddle or sell goods and services within the trav-
eled portion of any roadway.
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 21st day of January 2020.
30
Ric W. Jones, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 24 th day of January 2020.
s/Kevin S. Firnstahl, City Clerk
5. Request for Work Session on the Inclusive Dubuque: City Manager recommending
that the City Council schedule a work session for April 13, 2020 at 6:00 p.m. in the Council
Chambers on Inclusive Dubuque. Motion by Resnick to receive and file the documents
and schedule the work session as recommended. Seconded by Roussell. No schedule
conflicts were noted. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Resnick referenced a Letter to the Editor of the Telegraph newspaper
from Pam Kress commending the Public Works employees for work removing the recent
snow.
Council Member Cavanagh thanked the Alternative Learning Center for their presen-
tation at the top of the meeting and spoke of his personal experience with the Center. He
also reported on his volunteer experience with Dubuque Labor Harvest’s and Urban Bi-
cycle Mission’s food giveaways noting that hunger exists in the City and needs attention
as well as homelessness as evidenced in a recent article in the Telegraph Herald news-
paper.
Mayor Pro Tem Jones reported on the opening ceremony and activities of the 2020
Special Olympics and the 2019 record hotel occupancy as reported at the recent Travel
Dubuque Executive Board meeting.
There being no further business, Mayor Pro Tem Jones declared the meeting ad-
journed at 7:55 p.m.
s/Kevin S. Firnstahl, CMC, City Clerk