3 2 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 6:00 p.m. on March 2, 2020 in the
second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street.
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 special session of the City Council called
for the purpose of conducting a work session on the Central Avenue Corridor Streetscape
Master Plan.
WORK SESSION
Central Avenue Corridor Streetscape Master Plan
Economic Development Director Jill Connors introduced the work session and RDG
consultant Ryan Peterson, who conducted the slide presentation. Topic included:
• Acknowledgements: City administration, Steering Committee, Consultant
Team, WHKS, RDG, and the Washington Neighborhood;
• Background: Central Avenue Study Area; project timeline 2018 -2019;
• Public Input: Engagement Strategy; The Central Event; Spring Fling on Central;
Respondent priorities;
• Strategy: identifying emerging themes;
• Analysis: regional opportunities diagram;
• Streetscape Vision: inspirational images; streetscape elements and art;
• Next Steps.
Responding to questions from the City Council, Ms. Connors and Mr. Ryan stated that
the traffic study will be conducted several months after the SW Arterial has opened.
There being no further business, motion by Cavanagh to adjourn at 6:26 p.m. Se-
conded by Shaw. Motion carried 7-0.
/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 6:30 p.m. on March 2, 2020 in the
second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street.
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
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Shaw. Motion carried 7 -0.
1. Minutes and Reports Submitted: City Council proceedings of 2/17, 2/22, 2/24, 2/26;
Community Development Advisory Commission of 1/15; Library Board of Trustees of
12/19/19 and Council Update No. 195 of 2/20/20; Resilient Community Advisory Com-
mission of 1/20; Proof of publication for City Council proceedings of 1/26, 1/27, 1/28, 2/4;
Proof of publication for List of Claims and Summary of Revenues for Month Ending 1/31.
Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Tamika Carr for personal injury, Jessica Lang for per-
sonal injury, Ashley Moore for vehicle damage, Brad Reicherts for vehicle 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: Tamika Carr for personal injury, Jessica Lange for personal injury, Ashley
Moore for vehicle damage, Brad Reicherts for vehicle damage, and Emily Treanor 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. 64-20 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.
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RESOLUTION NO. 64-20
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 h as 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 2nd day of March 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Map of Iowa Historic Population Trends 1850 -2018: City Manager providing a copy
of Historic Population Trends in Iowa for Decennial Census Years 1850 -2018 from the
Legislative Services Agency and the U.S. Census Bureau. Upon motion the document
was received and filed.
6. Iowa Population Trends in Age: City Manager providing a copy of Iowa Population
Trends in Age from the Legislative Services Agency and the U.S. Census Bureau. Upon
motion the document was received and filed.
7. Usage Agreement with Clarke University for Veteran's Memorial Park Softball Field
#2: City Manager recommending approval of a three-year extension of the current Usage
Agreement with Clarke University for Field 2 in Veterans’ Memorial Park. Upon motion
the documents were received, filed, and approved.
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8. Approval of Usage Agreement with Loras College for McAleece Recreation Area
Petrakis Field: City Manager recommending approval of a three-year extension to the
current Usage Agreement with Loras College for Petrakis Field in McAleece Recreation
Area. Upon motion the documents were received, filed, and approved.
9. Pre-Annexation Agreement with Arthur J. Fischer: City Manager recommending ap-
proval of a Pre-Annexation Agreement with Arthur J. Fischer for property located at 14805
Siegert Lane in Dubuque County, in conjunction with his request to connect to City water.
Upon motion the documents were received and filed, and Resolution No. 65-20 Approving
a Pre-Annexation Agreement between the City of Dubuque, Iowa and Arthur J. Fischer
was adopted.
RESOLUTION NO. 65-20
APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA, AND ARTHUR J. FISCHER
Whereas, Arthur J. Fischer, 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 2 of Lot 1 of Lot 1 of Lot 3 of the Subdivision of the East ½ of the
Southwest Fractional ¼ and the Northwest Fractional ¼ of the Southwest Fractional
¼ of Section 7, Township 88 North, Range 2 East of the 5th P.M., in Table Mound
Township, Dubuque County, Iowa according to the recorded Plat thereof, and in-
cluding Easements “A”, “B” and “C”, as shown in said Plat, for purposes of ingress
and egress; and
Whereas, Arthur J. Fischer has entered into a Pre-annexation Agreement with the City
of Dubuque, a copy of which is attached hereto governing the future annexation of the
Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in
Dubuque County, Iowa, and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan of
the City of Dubuque, necessary for the future orderly growth and development of the City
of Dubuque, and will promote efficient and cost-effective extension of municipal services;
and
Whereas, the City Council finds that the annexation of the Property is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre-annexation Agreement by and between Arthur J. Fischer and the
City of Dubuque is hereby approved.
Passed, approved, and adopted this 2nd day of March 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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10. City of Dubuque Comments on Proposed NEPA Changes: City Manager transmit-
ting a draft letter from Mayor Roy D. Buol offering the City’s comments to the Council on
Environmental Quality regarding the Council on Environmental Quality’s Proposal to
Change Implementing Regulations for the National Environmental Policy Act (NEPA).
Upon motion the documents were received and filed.
11. Acceptance of Improvements in Cedar Lake Subdivision : City Manager recom-
mending acceptance of the public improvements that the developer, Pristine Properties,
LLC, has recently completed in Cedar Lake – East Fifteenth Addition. Upon motion the
documents were received and filed, and Resolution No. 66-20 Accepting public improve-
ments in Cedar Lake - East Fifteenth Addition in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 66-20
ACCEPTING PUBLIC IMPROVEMENTS IN CEDAR LAKE – EAST FIFTEENTH ADDI-
TION, IN THE CITY OF DUBUQUE, IOWA
Whereas, pursuant to Resolution 333-19, certain public improvements including sani-
tary sewer main and water main were installed by the developer of Cedar Lake – East
Fifteenth Addition in the City of Dubuque, Iowa; and
Whereas, the improvements have been completed and the City Manager has exam-
ined the work and has filed a certificate stating that the same has been completed in
accordance with the plans approved by the City Council and in conformance with City
specifications, and has recommended that the improvements be accepted by the City
Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the City Manager be approved and that said
public improvements in Cedar Lake – East Fifteenth Addition be and the same is hereby
accepted.
Section 2. That a maintenance guarantee covering said public improvements shall be
provided by the owners, Pristine Properties, LLC, for a period of two (2) years from the
date of this resolution.
Passed, approved, and adopted this 2nd day of March 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. Acceptance of Storm Water Impoundment Easement from Gary Valentine in Tim-
ber-Hyrst Subdivision No. 4: City Manager recommending acceptance of a Grant of Ease-
ment for Storm Water Impoundment from Gary Valentine as part of the Timber -Hyrst Es-
tates No. 4 Project. Upon motion the documents were received and filed, and Resolution
No. 67-20 Accepting a Grant of Easement for Storm Water Impoundment Easement
through, over and across a part of Lot 1 of Valentine Place No. 3, in the city of Dubuque,
Dubuque County, Iowa was adopted.
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RESOLUTION NO. 67-20
ACCEPTING A GRANT OF EASEMENT FOR STORM WATER IMPOUNDMENT EASE-
MENT THROUGH, OVER AND ACROSS A PART OF LOT 1 OF VALENTINE PLACE
NO. 3, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, Gary Valentine has executed an Easement for Storm Water Impoundment,
and Other Appurtenances through, under and across Lot 1 of Valentine Place No. 3, in
the City of Dubuque, Dubuque County, 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 Grant of Easement for Storm Water Impoundment Easement
through, over and across Lot 1 of Valentine Place No. 3, in the City of Dubuque, Dubuque
County, Iowa from Gary Valentine, a copy of which is 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.
Passed, approved, and adopted this 2nd day of March 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
13. Acceptance of Sanitary Sewer Improvements across Part of Lot 64 in Timber-Hyrst
#5 Subdivision: City Manager recommending acceptance of the public improvements that
the developers, Lori E. Silvia and Brian A. Silvia, have recently completed across Part of
Lot 64 in Timber-Hyrst Estates #5 Subdivision. Upon motion the documents were re-
ceived and filed, and Resolution No. 68-20 Accepting Public Sanitary Sewer Improve-
ments across Lot 64 in Timber-Hyrst Estates #5, in the City of Dubuque, Iowa was
adopted.
RESOLUTION NO. 68-20
ACCEPTING PUBLIC SANITARY SEWER IMPROVEMENTS ACROSS LOT 64 IN TIM-
BER-HYRST ESTATES # 5, IN THE CITY OF DUBUQUE, IOWA
Whereas, pursuant to Sanitary Sewer Construction Agreement dated May 23, 2019, a
copy of which is attached hereto, certain public improvements including sanitary sewer
and appurtenances, were installed by Lori E. Silvia and Brian A. Silvia; and
Whereas, the improvements have been completed and the City Manager has exam-
ined the work and has filed a certificate stating that the same has been completed in
accordance with the plans approved by the City Council and in conformance with City
specifications, and has recommended that the improvements be accepted by the City
Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The recommendation of the City Manager be approved and that said public
improvements across Part of Lot 64 in Timber-Hyrst Estates # 5, in the City of Dubuque,
Iowa, be and the same is hereby accepted.
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Section 2. That a maintenance guarantee covering said public improvements shall be
provided by the owners, Lori E. Silvia and Brian A. Silvia, for a period of two (2) years
from the date of this resolution.
Passed, approved, and adopted this 2nd day of March 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
14. Iowa Worker Adjustment and Retraining Notification - Sisters of Charity of the
Blessed Virgin Mary (BVM): Correspondence from the Sisters of Charity of the Blessed
Virgin Mary (BVM) notifying the City of a permanent termination of 203 employees at its
facility at 1100 Carmel Drive. Upon motion the documents were received, filed, and re-
ferred to the City Manager.
15. SOO Green HVDC Link Project Co, LLC: Correspondence from SOO Green HVDC
Link Project Co., LLC (SOO Green) notifying the City of a public information meeting at
5:30 p.m. on March 16, 2020 at the Hotel Julien, on a proposed 525 kilovolt underground
high voltage direct current (HVDC) electric transmission line in Dubuque Count y, Iowa.
Upon motion the documents were received, filed, and referred to the City Manager.
16. Request for Proposal - Smart Traffic Routing with Efficient and Effective Traffic
System (STREETS) Project: City Manager recommending approval to initiate the Re-
quest for Proposals (RFP) process for professional consultant services to design and
implement the Smart Traffic Routing with Efficient and Effective Traffic System
(STREETS). Upon motion the documents were received, filed, and approved.
17. Iowa Finance Authority (IFA) Housing Trust Fund Agreement: City Manager rec-
ommending approval of the Iowa Finance Authority State Housing Trust Fund Grant
Agreement for 2020 for continued support of homeownership and rehabilitation activities
in the Washington Neighborhood. Upon motion the documents were received and filed,
and Resolution No. 69-20 Approving the State Housing Trust Fund Grant Agreement be-
tween the Iowa Finance Authority (IFA) and Dubuque's Housing Trust Fund and author-
izing the Director of Housing and Community Development and the City Manager to ap-
prove the agreement was adopted.
RESOLUTION NO. 69-20
APPROVING THE STATE HOUSING TRUST FUND GRANT AGREEMENT BETWEEN
THE IOWA FINANCE AUTHORITY (IFA) AND DUBUQUE’S HOUSING TRUST FUND
AND AUTHORIZING THE DIRECTOR OF HOUSING AND COMMUNITY DEVELOP-
MENT AND THE CITY MANAGER TO APPROVE THE AGREEMENT
Whereas, the Iowa Finance Authority has recognized Dubuque’s Housing Trust Fund
Committee as a certified Local Housing Trust Fund; and
Whereas, IFA has made funding available in a statewide competition to local trust
funds for State Housing Trust Fund grants, in amounts based on population size; and
Whereas, on January 27, 2020, IFA approved the City’s application for funding to con-
tinue efforts in expanding homeownership options and rehabilitation activities in the
Washington Neighborhood; and
8
Whereas, the City of Dubuque has administered Housing Trust Fund Grants since
2005; and
Whereas, the City of Dubuque proposes to continue administering the Housing Trust
Fund grant to assist in homeownership opportunities and rehabilitation of existing owner -
occupied properties; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE IOWA THAT:
Section 1: The City Council is hereby authorized to approve the Housing Trust Fund
Grant Agreement for 2020; and
Section 2: The Director of Housing and Community Development and the City Manager
are hereby authorized to approve the Agreement.
Passed, approved, and adopted this 2nd day of March 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
18. CS Technologies - Amendment to Master Co-location and Shared Services Agree-
ment: City Manager recommending approval of an amendment to the Master Co -Location
and Shared Services Agreement between the City of Dubuque and CS Technologies.
Upon motion the documents were received, filed , and approved.
19. ImOn Communications LLC - Third Amendment to Master Co-location and Shared
Services Agreement: City Manager recommending approval of a Third Amendment to
Master Co-Location and Shared Services Agreement between the City of Dubuque and
ImOn Communications LLC. Upon motion the documents were received, filed, and ap-
proved.
20. Habitat for Humanity Memorandum of Understanding: City Manager recommend-
ing approval of a Memorandum of Understanding with Habitat for Humanity ensuring the
property at 389 E. 21st Street remain an affordable residential unit upon completion of the
project. Upon motion the documents were received and filed, and Resolution No. 70-20
Approving a Memorandum of Understanding between the City of Dubuque and Habitat
for Humanity of Dubuque and Jackson County for the requirements associated with the
property located at 389 E. 21st Street was adopted.
RESOLUTION NO. 70-20
APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
DUBUQUE AND HABITAT FOR HUMANITY OF DUBUQUE AND JACKSON COUNTY
FOR THE REQUIREMENTS ASSOCIATED WITH PROPERTY LOCATED AT 389 E
21ST STREET
Whereas, City entered into an agreement with True North Corporation to use Housing
Tax Increment Financing funds to rehabilitate homes; and
Whereas, True North Corporation purchase property located at 389 E 21st Street for
rehabilitation; and
Whereas, True North identified the structure was not viable and Habitat for Humanity
of Dubuque and Jackson County had capacity to deconstruct the current structure to erect
another affordable residential structure in its place; and
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Whereas, the funding used to purchase the property requires the property be used to
provide affordable housing options to those making 80% or less of the area median in-
come; and
Whereas, Habitat for Humanity of Dubuque and Jackson County will enter into a mem-
orandum of understanding that the property will be used as required by the funding
source.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS THAT:
Section 1. The Memorandum of Understanding is hereby approved.
Section 2. The Mayor is hereby authorized and directed to execute such Memorandum
of Understanding 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.
Passed, approved, and adopted this 2nd day of March 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
21. Signed Contract(s): Software License and Services Agreement with Ecolane USA,
Inc. for installation of equipment in the Jule's demand response bus fleet. Upon motion
the document was received and filed.
22. Business License Refunds: Request from Beecher Liquor for a refund of the Liquor
License No. LE0003208 located at 1691 Asbury Rd. due to business being sold and re-
quest from Iowa Street Mart for a refund of Tobacco Permit No. DBQ -06-20 located at
1256 Iowa Street due to business being sold. Upon motion the documents were received,
filed, and approved.
23. Alcohol License Applications: City Manager recommending approval of annual
beer, liquor and wine licenses as submitted. Upon motion the documents were received
and filed, and Resolution No. 71-20 Approving applications for beer, liquor, and/or wine
permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License
Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and
Permits was adopted.
RESOLUTION NO. 71-20
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.
10
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Renewal
Dubuque Mining Co. 555 J.F. Kennedy Rd. Class C Liquor (Sunday)
Gold Standard Athletics 555 J.F. Kennedy Rd. Class B Beer
Hartig Drug Comp. #8 1600 University Ave. Class E Liquor, Class C Beer,
Class B Wine (Sunday)
Hops & Rye 1108 Locust St. Class C Liquor (Outdoor) (Sun-
day)
The Clubhouse 2364 Washington St. Class C Liquor (Sunday)
New
Four Mounds & Confer-
ence Center
4900 Peru Rd. Class C Native Wine (Outdoor)
(Sunday)
Yardarm 1201 Shiras Ave Ext. Class C Liquor (Outdoor) (Sun-
day)
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 2nd day of March 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
24. Improvement Contracts / Performance, Payment and Maintenance Bonds : Conlon
Construction for the Chaplain Schmitt Island Veterans Memorial Site Improvements;
MDE, LLC d/b/a McDermott Excavating, for the North Cascade Road Water Main Exten-
sion - Creek Crossing Project. Upon motion the documents were received, filed , and ap-
proved.
ITEMS SET FOR PUBLIC HEARING
Motion by Shaw to receive and file the documents, adopt the resolutions, set the public
hearings as indicated, and direct the City Clerk to publish notice as prescribed by law.
Seconded by Resnick. Motion carried 7-0.
1. Jackson Street Reconstruction Project from 11th Street to 12th Street: City Manager
recommending initiation of the public bidding procedure for the Jackson Street (11th Street
to 12th Street) Reconstruction Project, and further recommends that a public hearing be
set for April 6, 2020. Upon motion the documents were received and filed and Resolution
No. 72-20 Preliminary approval of plans, specifications, form of contract, and estimated
cost; setting date of public hearing on plans, specifications, form of contract, and esti-
mated cost; and ordering the advertisement for bids; Resolution No. 73-20 Approving the
preliminary plats, schedule of assessments and estimate of total cost for the Jackson
Street (11th Street to 12th Street) Reconstruction Project; Resolution No. 74-20 Resolution
of Necessity for the Jackson Street (11th Street to 12th Street) Reconstruction Project; and
Resolution No. 75-20 Fixing date of public hearing on Resolution of Necessity were
11
adopted setting a public hearing for a meeting to commence at 6:00 p.m. on April 6, 2020
in the Historic Federal Building.
RESOLUTION NO. 72-20
JACKSON STREET (11TH TO 12TH) RECONSTRUCTION PROJECT
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC-
IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The proposed plans, specifications, form of contract and estimated cost for
the Jackson Street (11th to 12th) Reconstruction Project in the estimated amount
$376,051.00, are hereby preliminarily approved and ordered filed in the office of the City
Clerk for public inspection.
Section 2. A public hearing will be held on the 6 th day of April, 2020, at 6:30 p.m. in the
Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque,
Iowa, at which time interested persons may appear and be heard for or against the pro-
posed plans and specifications, form of contract and estimated cost of said Project, and
the City Clerk be and is hereby directed to cause the attached notice of the time and place
of such hearing to be published in a newspaper having general circulation in the City of
Dubuque, Iowa, which notice shall be published not less than four days nor more than
twenty days prior to the date of such hearing. At the hearing, any interested person may
appear and file objections to the proposed plans, specifications, form of contract, or esti-
mated cost of the Project.
Section 3, The Jackson Street (11th to 12th) Reconstruction Project is hereby ordered
to be advertised for bids for construction. The amount of the security to accompany each
bid shall be in an amount which shall conform to the provisions of the Notice to Bidders
hereby approved.
Section 4. The City Engineer is hereby directed to advertise for bids for the construction
of the improvements herein provided, by publishing the attached Notice to Bidders to be
posted in the Master Builders of Iowa Plan Room, the Construction Update Network, and
on the City of Dubuque website at www.cityofdubuque.org/bids, which notice shall be
published not less than thirteen but not more than forty-five days before the date for filing
bids before 2:00 p.m. on the 9th day of April 2020. Bids shall be opened and read by the
City Clerk at said time and will be submitted to the City Council for final action at 6:30
p.m. on the 20th day of April, 2020, in the Historic Federal Building Council Chambers
(second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, approved, and adopted this 2nd day of March 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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RESOLUTION NO. 73-20
APPROVING THE PRELIMINARY PLATS, SCHEDULE OF ASSESSMENTS AND ES-
TIMATE OF TOTAL COST FOR THE JACKSON STREET (11TH TO 12TH) RECON-
STRUCTION PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached preliminary plats, schedule of assessments, and estimate of total
cost for the Jackson Street (11th to 12th) Reconstruction Project are hereby approved.
Passed, approved, and adopted this 2nd day of March 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 74-20
RESOLUTION OF NECESSITY FOR THE JACKSON STREET (11TH TO 12TH) RECON-
STRUCTION PROJECT
Whereas, the plat, preliminary schedule of assessments, and estimate of total cost for
the Jackson Street (11th to 12th) Reconstruction Project have been duly prepared and
approved by the City Council of the City of Dubuque and ordered placed on file in the
office of City Clerk.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The Jackson Street (11th to 12th) Reconstruction Project will provide:
• Reconstruction of Jackson Street between 11th and 12th Streets
• Removal of the existing pavement, curb and gutter and sidewalk
• Excavation of the subgrade to allow the placement of granular sub-base
• Installation of storm sewer
• Installation of sub-drains
• Installation of 9-inch PCC pavement
• Installation of curb and gutter
• Installation of new historic looking concrete sidewalks, driveways , and service
walks
• Installation of new Historic Millwork District streetlights
• Installation of conduit to accommodate parking, fiber optic and streetlight needs
There is on file in the office of the City Clerk an estimated total cost of the work, and a
preliminary plat and schedule showing the amount proposed to be assessed to each lot
for the improvement.
The date, time, and place the council will hear property owners subject to the assess-
ment and interested parties for or against the improvement, its cost , the assessment, or
the boundaries of the district:
That the City Council deems it advisable and necessary for the public welfare to make
the herein mentioned improvements.
Unless a property owner files objections with the City Clerk at the time of hearin g on
the resolution of necessity, the property owner is deemed to have waived all objections
pertaining to the regularity of the proceeding and the legality of using the special assess-
ment procedure.
13
Said improvements shall be constructed in accordance with the plans and specifica-
tions which have been approved by the City Council and are now on file in the Office of
the City Clerk. The cost of making such improvement will be assessed against property
lying with the assessment limits.
The above resolution was introduced, approved, and ordered placed on file with the
City Clerk this 2nd day of March 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 75-20
FIXING DATE OF PUBLIC HEARING ON RESOLUTION OF NECESSITY
Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary ap-
proval to the plat, preliminary schedule of assessments, and estimated total cost for the
Jackson Street (11th to 12th) Reconstruction Project and ordered the plat, schedule of
assessments, and estimate of total cost placed on file in the Office of the City Clerk; and
Whereas, the proposed Resolution of Necessity for Project has been introduced and
is now on file in the Office of the City Clerk.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The City Council will meet on the 6th day of April 2020, at 6:30 p.m. in the Historic
Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
At which time the owners of property subject to assessment for the proposed improve-
ment or any other person having an interest in the matter may appear and be heard for
or against the making of the improvement, the boundaries of the district, the cost, the
assessment against any lot, or the final adoption of a resolution of necessity.
A property owner will be deemed to have waived all objections unless at the time of
hearing the property owner has filed objections with the City Clerk.
The City Clerk be and is hereby authorized and directed to cause a notice o f the time
and place of such hearing to be published in a newspaper having general circulation in
the City of Dubuque, Iowa, which notice shall be published once each week for two con-
secutive weeks, the first publication of which shall be not less than ten days prior to the
day fixed for its consideration.
Passed, adopted, and approved this 2nd day of March 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Cedar Street Force Main Air Vacuum Release Valve Replacement Project : City Man-
ager recommending initiation of the public bidding process for the Cedar Street Force
Main Air Vacuum Release Valve Replacement Project and further recommends that the
City Council set a public hearing for March 16, 2020. Upon motion the documents were
received and filed and Resolution No. 76-20 Preliminary approval of plans, specifications,
form of contract, and estimated cost; setting date of public hearing on plans, specifica-
tions, form of contract, and estimated cost; and ordering the advertisement f or bids was
adopted setting a public hearing for a meeting to commence at 6:00 p.m. on March 16,
2020 in the Historic Federal Building.
14
RESOLUTION NO. 76-20
CEDAR STREET FORCE MAIN AIR VACUUM RELEASE VALVE REPLACEMENT
PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The proposed plans, specifications, form of contract and estimated cost for
the Cedar Street Force Main Air Vacuum Release Valve Replacement Project in the es-
timated amount $135,000.00, are hereby preliminarily approved and ordered filed in the
office of the City Clerk for public inspection.
Section 2. A public hearing will be held on the 16th day of March 2020, at 6:30 p.m. in
the Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubu-
que, Iowa, at which time interested persons may appear and be heard for or against the
proposed plans and specifications, form of contract and estimated cost of said Project,
and the City Clerk be and is hereby directed to cause the attached notice of the time and
place of such hearing to be published in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall be published not less than four days nor more
than twenty days prior to the date of such hearing. At the hearing, any interested person
may appear and file objections to the proposed plans, specifications, form of contract, or
estimated cost of the Project.
Section 3. The Cedar Street Force Main Air Vacuum Release Valve Replacement Pro-
ject is hereby ordered to be advertised for bids for construction. The amount of the secu-
rity to accompany each bid shall be in an amount which shall conform to the provisions
of the Notice to Bidders hereby approved.
Section 4. The City Engineer hereby directed t o advertise for bids for the construction
of the improvements herein provided, by publishing the Notice to Bidders to be published
on the City of Dubuque website and a contractor plan room service with statewide circu-
lation, which notice shall be published not less than thirteen but not more than forty-five
days before the date for filing bids before 2:00 p.m. on the 19 th day of March 2020. Bids
shall be opened and read by the City Clerk at said time and will be submitted to the City
Council for final action at 6:30 p.m. on the 6th day of April 2020, in the Historic Federal
Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted, and approved this the 2nd day of March 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Setting Public Hearing for the Fiscal Year 2021 City of Dubuque Recommended
Budget: City manager recommending that the City Council set a public hearing for March
26, 2020 on the Fiscal Year 2021 City budget, operating and Capital Improvemen t Pro-
gram for the City of Dubuque. Upon motion the documents were received and filed and
Resolution No. 77-20 Setting the date for the public hearing on the Fiscal Year 2021
Budget as Amended for the City of Dubuque; and Resolution No. 78-20 Setting the date
for the public hearing on the Five-Year Capital Improvement Program for Fiscal Years
2021 through 2025 for the City of Dubuque were adopted setting a public hearing for a
meeting to commence at 6:00 p.m. on March 26, 2020 in the Historic Federal Building.
15
RESOLUTION NO. 77-20
SETTING THE DATE FOR THE PUBLIC HEARING ON THE FISCAL YEAR 2021
BUDGET AS AMENDED FOR THE CITY OF DUBUQUE
Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and
place for a public hearing on the Fiscal Year 2021 budget before the final budget certifi-
cation date and shall publish notice before the hearing as provided in Iowa Code Section
362.3.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council shall conduct a public hearing on the proposed Fiscal
Year 2021 budget as amended for the City of Dubuque in the City Council Chambers at
the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on Thursday, March
26, 2020, beginning at 6:00 p.m.
Section 2. That the City Clerk be and is hereby authorized and directed to publish
notice of the public hearing, according to law, together with the required budget infor-
mation.
Passed, approved, and adopted this 2nd day of March 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 78-20
SETTING THE DATE FOR THE PUBLIC HEARING ON THE FIVE-YEAR CAPITAL IM-
PROVEMENT PROGRAM FOR FISCAL YEARS 2021 THROUGH 2025 FOR THE CITY
OF DUBUQUE
Whereas, a proposed Five-Year Capital Improvement Program for the City of Dubuque
for Fiscal Years 2021 through 2025 has been prepared and submitted to the City Council;
and
Whereas, the capital projects for the first year of the program are included in the Fiscal
Year 2021 budget for the City of Dubuque; and
Whereas, it is deemed to be in the best interest of the City of Dubuque to conduct a
public hearing and adopt the five-year Capital Improvement Program simultaneously with
the public hearing and adoption of the Fiscal Year 2021 budget for the City of Dubuque.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council shall conduct a public hearing on the five-year Capital
Improvement Program for Fiscal Years 2021 through 2025 in the City Council Chambers
at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on Thursday, March
26, 2020, beginning at 6:00 p.m.
Section 2. That the City Clerk be and is hereby authorized and directed to publish
notice of the public hearing.
Passed, approved, and adopted this 2nd day of March 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
16
BOARDS/COMMISSIONS
Applications were reviewed for the following Boards and Commissions. Applicants
were invited to address the City Council regarding their desire to serve on the following
Boards/Commissions.
1. Mechanical and Plumbing Code Board: Two, 3-Year terms through March 16, 2023
(Expiring terms of Giese and Muhlack). Applicants: Tom Giese, 395 Villa St.; Dieter
Muhlack, 2464 Matthew John Dr. Mr. Muhlack spoke in support of his appointment and
provided a brief biography.
2. Zoning Board of Adjustment: One, 5-Year term through March 25, 2025 (Expiring
term of Ahlvin). Applicant: Keith Ahlvin, 264 S. Grandview Ave. Mr. Ahlvin spoke in sup-
port of his appointment and provided a brief biography.
PUBLIC HEARINGS
1. Millwork District Parking Lot 1 Project: Proof of publication on notice of public hearing
to consider approval of plans, specifications, form of contract, and estimated cost for the
Millwork District Parking Lot 1 Project, and the City Manager recommending approval.
Motion by Shaw to receive and file the documents and adopt Resolution No. 79-20 Ap-
proval of plans, specifications, form of contract, and estimated cost for the Millwork District
Parking Lot #1. Seconded by Roussell. Motion carried 7-0.
RESOLUTION NO. 79-20
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI-
MATED COST FOR THE MILLWORK DISTRICT PARKING LOT #1
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 Millwork
District Parking Lot #1 Project, in the estimated amount $574,740.00, are her eby ap-
proved.
Passed, adopted, and approved this this 2nd day of March 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Eagle Point Park Environmental Restoration Project Phase 2 - Bioretention Basin
Construction, Tree Removal and Native Vegetation Establishment: Proof of publication
on notice of public hearing to consider approval of the approval of plans, specifications,
form of contract, and estimated cost for the Eagle Point Park Environmental Restoration
Project Phase 2 - Bioretention Basin Construction, Tree Removal and Native Vegetation
Establishment, and the City Manager recommending approval. Motion by Jones to re-
ceive and file the documents and adopt Resolution No. 8 0-20 Approval of plans, specifi-
cations, form of contract, and estimated cost for the Eagle Point Park Environmental
17
Restoration Project: Phase 2 Bioretention Basin construction, tree removal, and native
vegetation establishment. Seconded by Cavanagh. Motion carried 7-0.
RESOLUTION NO. 80-20
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI-
MATED COST FOR THE EAGLE POINT PARK ENVIRONMENTAL RESTORATION
PROJECT: PHASE 2) BIORETENTION BASIN CONSTRUCTION, TREE REMOVAL,
AND NATIVE VEGETATION ESTABLISHMENT
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 Eagle
Point Park Environmental Restoration Project: Phase 2) Bioretention Basin Construction,
Tree Removal, and Native Vegetation Establishment, in the estimated cost of
$290,665.65, are hereby approved.
Passed, approved, and adopted this 2nd day of March 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
PUBLIC INPUT
Pat Konzen, 3145 Windsor Avenue, speaking relative to Action It em No. 2, provided
background information on his claim against the city and requested that the City Council
reverse its denial of the claim.
Related to Action Item No. 4, Lisa Johnson, 206 Southgate; Nan Welch, 955 Kelly
Lane; Kristen Vaassen, 2319 Manson Road; and Mary Ann Kirkendall, 1215 Valentine
Drive, spoke in support of the proposed ordinance amendment allowing leashed pets in
parks. Carol Loetscher, 430 Woodland Ridge; Art Gilloon, 535 Heritage Drive; Linda
Rush, 955 Kelly Lane; and Keith [Nellis], 705 Garfield Avenue, spoke in opposition to the
proposed ordinance amendment allowing leashed pets in parks .
Paul Uzel, 61 N. Algona Street, and of the Dubuque Interfaith Green Coalition, ad-
dressed the Council about his concerns with implementing the automated waste collec-
tion system and suggested more discussion and public input on the subject.
ACTION ITEMS
1. Greater Dubuque Development Corporation - Quarterly Update: President and CEO
Rick Dickinson presented a verbal report on GDDC’s recent act ivities. Topics included:
GDDC Newsletter subscription; Coronavirus information sharing with the business com-
munity and its relation to Dubuque’s high health care ranking; business retention and
expansion program via Contact Manager software and Best if Bu siness Award; and the
Dubuque Collegiate and Technology Fair. Motion by Resnick to receive and file the infor-
mation. Seconded by Cavanagh. Motion carried 7-0.
2. Request to Reconsider a Denial of Claim by Patrick Konzen: Correspondence from
Council Member David Resnick requesting reconsideration of the denial of a claim against
the City filed by Patrick Konzen. Motion by Resnick to reconsider the denial of a claim
18
against the City by Patrick Konzen. Seconded by Shaw. Motion failed 4-3 with Jones,
Cavanagh, Buol, and Roussell voting nay. Housing and Community Development Direc-
tor Alexis Steger responded to questions from the City Council and provided a verbal
report on the history of the project and staff efforts to resolve the problems raised by Mr.
Konzen. The City Council concurred that the claim process should be trusted and fol-
lowed, and that staff should continue to pursue a resolution and requested that Mr. Kon-
zen allow staff access to the property.
3. Awarding the North Cascade Road Reconstruction Project: City Manager recom-
mending award of the North Cascade Road Reconstruction Project contract to the low
bidder Top Grade Excavating, Inc. Motion by Jones to receive and file the documents and
adopt Resolution No. 81-20 Awarding public improvement construction contract for the
North Cascade Road Reconstruction Project, Phase 1 from the Bridge over Catfish Creek
to Edval Lane, Iowa DOT Project No. STBG-SWAP-2100 (669)--SG-31. Seconded by
Cavanagh. Motion carried 7-0.
RESOLUTION NO. 81-20
AWARDING PUBLIC IMPROVEMENT CONSTRUCTION CONTRACT FOR THE
NORTH CASCADE ROAD RECONSTRUCTION PROJECT, PHASE 1 FROM THE
BRIDGE OVER CATFISH CREEK TO EDVAL LANE, IOWA DOT PROJECT NO.
STBG-SWAP-2100 (669)--SG-31
Whereas, said sealed proposals were opened and read by the Iowa Department of
Transportation on the 18th day of February 2020 and it has been determined that Top
Grade Excavating, Inc, of Farley, IA, with a bid in the amount of $1,324,638.24 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 Construction Contract for the North Cascade Road Reconstruc-
tion Project, Phase 1 from the bridge over Catfish Creek to Edval Lane, Iowa DOT Project
No. STBG-SWAP-2100 (669)--SG-31, is hereby awarded to Top Grade Excavating, Inc,
subject to Iowa Department of Transportation concurrence and approval of award, and
the City Manager is hereby directed to execute a Public Improvement Construction Con-
tract on behalf of the City of Dubuque for the Project.
Passed, approved, and adopted this this 2nd day of March 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Code of Ordinance Amendment - Title 10 Allowing Leashed Dogs and Cats in Des-
ignated Parks: Park and Recreation Advisory Commission recommending amendments
to the City of Dubuque Code of Ordinances allowing leashed dogs and cats in designated
parks.
Motion by Cavanagh to amend the second of the two proposed ordinances to include
Eagle Point Park and Murphy Park on the list of prohibited areas. Seconded by Roussell.
Motion carried 5-2 with Jones and Shaw voting nay.
Restated motion by Jones to receive and file the documents and that the requirement
that a proposed ordinance be considered and voted on for passage at two Council
19
meetings prior to the meeting at which it is to be passed be suspended. Seconded by
Shaw. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 9-20 (as
amended) Amending City of Dubuque Code of Ordinances Title 10 Public Ways and
Property, Chapter 5 Parks and Recreation, Article B Use Regulations, Section 10 -5B-1
Definitions; and Ordinance No. 10-20 Amending City of Dubuque Code of Ordinances
Title 10 Public Ways and Property, Chapter 5 Parks and Recreation, Article B Use Reg-
ulations by repealing Section 10-5B-4 Dogs, Cats and other Domestic Animals and adopt-
ing a new Section 10-5B-4 Dogs and Cats in lieu thereof. Seconded by Shaw. Motion
carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 9-20
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 10 PUBLIC WAYS
AND PROPERTY, CHAPTER 5 PARKS AND RECREATION, ARTICLE B USE REGU-
LATIONS, SECTION 10-5B-1 DEFINITIONS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 10-5B-1 of the City of Dubuque Code of Ordinances is hereby
amended as follows:
10-5B-1: DEFINITIONS:
As used in this article, the following terms shall have the following meanings:
AT LARGE: Any dog, cat or livestock, fowl or ferret found off the premises of the
owner or keeper.
CAT: Both male and female animals in the family Felis cats whether neutered or not.
CITY MANAGER: City Manager or City Manager's designee.
COMMISSION OR THE COMMISSION: The Park and Recreation Advisory Commis-
sion.
DOG: Both male and female animals of the canine species whether neutered or not,
but not including a law enforcement dog.
KEEPER: A person other than the owner keeping, sheltering, having control or cus-
tody of or harboring an animal.
LEISURE SERVICES MANAGER: Leisure Services Manager or Leisure Services
Manager's designee.
MULTIPURPOSE USE TRAIL OR TRAILS: A hardened trail of asphalt, concrete or
other impervious surface, typically ten feet (10') to twelve feet (12') wide and physi-
cally separated from the motorized vehicular traffic by an open space or barrier and
either within highway public right-of-way or private property within an independent
alignment for use by pedestrians, skaters, joggers, bicyclists, and City maintenance
vehicles.
OPEN SPACES: Available to the public for passive recreational use in and adjacent
to the City, which are under the responsibility of the commission.
OWNER: A person owning a cat, dog, or other animal.
PARKS OR PARKWAYS: Parks, parkways, buildings, park roads or driveways, and
all public service facilities or grounds, buildings, and structures in and adjacent to
the City, which are under the responsibility of the commission.
20
Section 2. This Ordinance takes effect July 1, 2020.
Passed, approved, and adopted the 2nd day of March 2020.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 6th day of March 2020.
/s/Kevin S. Firnstahl, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 10-20
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 10 PUBLIC WAYS
AND PROPERTY, CHAPTER 5 PARKS AND RECREATION, ARTICLE B USE REGU-
LATIONS BY REPEALING SECTION 10-5B-4 DOGS, CATS AND OTHER DOMESTIC
ANIMALS AND ADOPTING A NEW SECTION 10-5B-4 DOGS AND CATS IN LIEU
THEREOF
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 10-5B-4 of the City of Dubuque Code of Ordinances is hereby re-
pealed and the following adopted in lieu thereof:
10-5B-4: DOGS AND CATS:
A. Dogs and Cats Permitted: Leashed dogs and cats are permitted in parks, park-
ways, trails, or open spaces. Any unleashed or unattended animal in a park, park-
way, trail, or open space may be impounded and its owner may redeem the same
upon paying the reasonable costs of such impoundment.
B. Dogs and Cats Prohibited: Notwithstanding Section A, dogs and cats are prohib-
ited in the following parks, parkways, trails, and open spaces or areas of parks,
parkways, trails, and open spaces:
1. Bunker Hill golf course
2. Marshall Park and Dubuque Arboretum and Botanical Gardens
3. Eagle Point Park
4. Murphy Park
5. Nicholas J. Sutton Swimming Pool
6. Flora Park Swimming Pool
7. The Veterans Memorial Plaza within the Gerald “Red” McAleece Park and Rec-
reation Complex
8. Fenced-in sporting areas, including, but not limited to, courts, fields, rinks, arenas,
and skate parks
9. Buildings or facilities within parks which are listed on the National Register of
Historic Places
10. On playground and recreational areas designed for use by children
11. Where a prohibitory sign is posted
C. Exceptions: The prohibitions in Section B do not apply to:
1. Service animals used by persons with disabilities.
2. Animals present as part of an approved and permitted special event under Chap-
ter 4 of this Title.
3. Animals which are part of the Storybook Hill Petting Zoo at Franklin Delano Roo-
sevelt Park.
21
4. Animals confined to an automobile, camper, motor home (a.k.a. recreational ve-
hicle), or other similar conveyance during the entirety of their t ime within Marshall
Park and Dubuque Arboretum and Botanical Gardens, Eagle Point Park, and
Murphy Park so long as the owner is compliant with the state code related to the
safety and health of the animal.
D. Animal Control Ordinance Compliance: Leashed dogs and cats are subject to and
must comply with the provisions of title 7, chapter 6 of this Code.
E. Waste Disposal: The owner or keeper must pick up and dispose of or take away
the dog or cat's waste.
F. Liability: The owner or keeper is responsible for the actions of its dogs and cats.
G. Unleashed Dogs Allowed: Unleashed dogs shall be permitted in the following ar-
eas:
1. Pet Park.
2. John G. Bergfeld Recreation Area ponds, but only when an owner or keeper is
working or exercising a dog by tossing a retrieval dummy or other object into a
pond for out-and-back exercise. At all other times, the dog must be leashed.
Section 2. This Ordinance takes effect July 1, 2020.
Passed, approved, and adopted the 2nd day of March 2020.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 6th day of March 2020.
/s/Kevin S. Firnstahl, City Clerk
5. City Council Priority - Dream Center: City Manager recommending that the Mayor
and City Council dedicate $176,000 in Fiscal Year 2020 and $100,000 in Fiscal Year 2021
of this already budgeted funding to the Dream Center project. Motion by Resnick to re-
ceive and file the documents and approve the recommendation. Seconded by Cavanagh.
Motion carried 7-0.
6. City Council Priority - Fountain of Youth / United Way: City Manager that the Mayor
and City Council dedicate $13,031.50 in Fiscal Year 2020 of this al ready budgeted fund-
ing to the United Way for grant matching purposes to benefit the Fountain of Youth. Mo-
tion by Resnick to receive and file the documents and approve the recommendation. Se-
conded by Jones. Motion carried 7-0.
7. Code of Ordinances Amendment - Title 1 Civil Service Employees State of Resi-
dency: City Manager recommending approval of an Ordinance that permits the City’s civil
service employees to reside in states other than the State of Iowa. Motion by Jones to
receive and file the documents and that the requirement that a proposed ordinance be
considered and voted on for passage at two Council meetings prior to the meeting at
which it is to be passed be suspended. Seconded by Sprank. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 11-20 Amending
City of Dubuque Code of Ordinances Title 1 Administration, Chapter 7 City Officers and
Employees. Seconded by Shaw. Motion carried 7-0.
22
OFFICIAL PUBLICATION
ORDINANCE NO. 11-20
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 1 ADMINISTRA-
TION, CHAPTER 7 CITY OFFICERS AND EMPLOYEES
Whereas, Iowa Code Chapter 400 identifies certain employees of a city to be covered
by the state's Civil Service law; and
Whereas, the provisions of Iowa Code Chapter 400 set out procedures that need to be
followed regarding the hiring, promoting, disciplining and termination of these covered
employees; and
Whereas, one of the requirements that currently exists is that these covered emplo y-
ees must either be or become a citizen of the state of Iowa within a certain period of time;
and
Whereas, during the legislative session of 2016 House File 2267 was passed into law
effective July 1, 2016 which allows cities to pass an ordinance to elimina te the state of
Iowa residency requirement for covered civil service employees and authorizes a city to
establish time and distance requirements of its covered civil service employees; and
Whereas, the City of Dubuque desires passage of an ordinance elimin ating the State
of Iowa residency requirement for employees covered by Iowa Code Chapter 400.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 1, Chapter 7 of the City of Dubuque Code of Ordinances is amended
by adding the following new section:
1-7-8: ELIMINATION OF STATE OF IOWA RESIDENCY REQUIREMENT:
A. The purpose of this section is to eliminate the state of Iowa residency requirement
for City of Dubuque employees classified as holding a Civil Service position under state
law.
B. Iowa Code Chapter 400 identifies certain employees of a city to be covered by
the state's Civil Service law. The provisions of Iowa Code Chapter 400 set out proce-
dures that need to be followed regarding the hiring, promoting, disc iplining, and termi-
nation of these covered civil service employees. One of the requirements that currently
exists is that these covered civil service employees must either be or become a citizen
of the state of Iowa within a certain period of time.
C. During the legislative session of 2016 House File 2267 was passed into law ef-
fective July 1, 2016. A provision of this bill allows cities to pass an ordinance to elimi-
nate the state of Iowa residency requirement for covered civil service employees. The
bill further provides that a city may establish time and distance requirements of its cov-
ered civil service employees.
D. The City Manager shall assess the needs and demands of the organization and
establish a time and distance policy for civil service employees.
Section 2. This ordinance takes effect upon publication.
Passed, approved, and adopted this 2nd day of March 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
23
8. Five Flags Civic Center Referendum: Information from City Clerk and City Attorney:
City Clerk providing information on the use of voting centers for the September 8, 2020
Five Flags Civic Center referendum. City Attorney providing information on referendum
parameters for City Council Members. Motion by Roussell to receive and file the infor-
mation. Seconded by Jones. Motion carried 7-0.
9. Request to Reschedule Inclusive Dubuque Work Session : City Manager recom-
mending City Council approval to reschedule the April 13, 2020 Inclusive Dubuque Work
Session to Monday, April 6, 2020 at 5:30 p.m. Motion by Jones 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 Jones reported on the Dubuque Area Metropolitan Solid Waste
Agency (DAMSWA) negotiating a services and marketing agreement for methane gas
product. It will go to public hearing at the Agency’s March 18, 2020 board meeting.
Council Member Cavanagh reported on his participation in St. Mark Youth Enrichment
and Lincoln Elementary after-school reading program and recognized their efforts.
Council Member Roussell offered her thanks for being able to attend the Municipal
Leadership Academy II and recognized the Dubuque Dream Center for their impressive
graduation ceremony.
Mayor Buol requested and received consensus for calling a work session of the City
Council for Monday, March 9, 2020 at 6:00 p.m. in the Council Chambers to hear about
Dubuque’s preparedness related to the Coronavirus outbreak.
There being no further business, Mayor Buol declared the meeting adjourned at 9:08
p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk