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8 17 20 City Council Proceedings Official - Regular1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on August 17, 2020. Due to the COVID-19 pandemic and mandates for social distancing, this meeting was conducted virtually by GoToMeeting and aired live on CityChannel Dubuque (Mediacom cable channels 8 and 117.2), streamed live on the city’s website at www.cityofdubu- que.org/media, and streamed live on the City’s Facebook page at www.face- book.com/cityofdubuque. Present: Mayor Buol; Council Members Cavanagh, Jones, Lynch, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attorney Brumwell Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PRESENTATION(S) 1. Crescent Community Health Center Advocacy Award: CCHC Board Chair Ann Decker presented the Advocacy Award to City of Dubuque Health Services Manager Mary Rose Corrigan. 2. COVID-19 Update: Mary Rose Corrigan, Public Health Specialist for the City of Dubuque, provided an update on the COVID-19 pandemic and response activities. Topics and updates included current case information for the State and Dubuque County; po si- tivity rates; hospitalizations; deaths; community testing; contact traci ng; status of long- term care facilities; face coverings; public information efforts; Public Health Incident Man- agement team guidance and planning assistance to local colleges, universities, and K-12 districts; Dubuque Visiting Nurse Association; public hea lth mitigation measure enforce- ment in restaurants and bars; looking ahead / what you can do now. Ms. Corrigan re- sponded to questions from the City Council following her presentation. [For more infor- mation, please visit www.cityofdubuque.org/COVID19.] PROCLAMATION(S) 1. Health Center Week (August 9-15, 2020) was accepted by Gary Collins, CEO of the Crescent Community Health Center. 2 CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Sprank. Staff stated that no public comments were received regarding the Consent items. Motion carried 7 -0. 1. Minutes and Reports Submitted: City Council proceedings of 8/3, 8/6; Community Development Advisory Commission of 7/15; Historic Preservation Commission Council Update No. 200 of 7/23; Zoning Advisory Commission of 8/5. Proof of publication for City Council proceedings of 7/6, 7/8, 7/13, 7/20, 7/23; Proof of publication for List of Claims and Summary of Revenues for Month Ending 6/30. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Michelle Scott for vehicle damage and Donald J. Weig for vehicle damage. Upon motion the documents were received, filed, and referred to the City Attorney. 3. 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. 252-20 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. 252-20 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 3 requested by designated requisitioning authorities in accordance with approved budget appropriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance Director are hereby authorized and directed to provide the statement of receipts and dis- bursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 17th day of August 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. Fiscal Year 2020 Budgeted Transfers: City Manager recommending approval of the suggested proceedings approving a transfer of funds for capital projects and other ex- pense reimbursements pursuant to Iowa Administrative Rules Code 545 -2.5(5). Upon motion Resolution No. 253-20 Authorizing the Director of Finance and Budget to make the appropriate interfund transfers of sums and record the same in the appropriate man- ner for the FY2020 for the City of Dubuque, Iowa was adopted. RESOLUTION NO. 253-20 AUTHORIZING THE DIRECTOR OF FINANCE AND BUDGET TO MAKE THE APPRO- PRIATE INTERFUND TRANSFERS OF SUMS AND RECORD THE SAME IN THE AP- PROPRIATE MANNER FOR THE FY 2020 FOR THE CITY OF DUBUQUE, IOWA Whereas, Iowa Administrative Rules Code Section 545-2.5(5) implements Iowa Code Section 384.18 and provides that the City Council shall approve all transfers of moneys from one budgeted fund to another budgeted fund as provided in Iowa Administrative Rules Code Section 545-2.5(5). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Director of Finance and Budget is authorized to Transfer Funds. That the Director of Finance and Budget be and is hereby authorized by the City Council to make the appropriate interfund transfer of sums and record the same in the appropriate manner for FY 2020. Section 2. Transfer of Funds. That the Director of Finance and Budget will transfer the following sums and to record the same in the appropriate manner: 1. Transfer from the Street Construction Fund to the General Fund $152,783.15 for JFK and Hillcrest Traffic Signal Repairs. 2. Transfer from the Street Construction Fund to the Road Use Tax Fund $13,333.33 for John Deere Road Traffic Study. 3. Transfer from General Construction Fund to the Road Use Tax Fund $20,349.45 for US 52 Traffic Improvements. 4. Transfer from Flexsteel Escrow Fund to the Dubuque Industrial Center TIF Fund $.19 to close the fund. Passed, approved, and adopted this 17th day of August 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4 5. Quarterly Investment Report as of June 30, 2020: City Manager transmitting the June 30, 2020 Quarterly Investment Report. Upon motion the documents were received and filed. 6. Racom IP Video Service Support Contract for Dubuque P arking Department HD Network Video System: City Manager recommending approval of a new agreement with Racom for Fiscal Year 2021 for maintenance and service of the camera equipment used to monitor City parking operations. Upon motion the documents were received, filed and approved. 7. Final Plat of Survey for JQ Acres No. 3 with James and Mary Gansen: Zoning Advi- sory Commission recommending approval of the final Plat of Survey of JQ Acres #3 in the area of Metropolitan Heights subject to waiving the required lot frontage for Lot 1 and Lot 2 of JQ Acres #3. Upon motion the documents were received and filed, and Resolution No. 254-20 Approving the final Plat of Survey of JQ Acres No. 3, Dubuque County, Iowa RESOLUTION NO. 254-20 APPROVING THE FINAL PLAT OF SURVEY OF JQ ACRES NO. 3, DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey of: JQ Acres No. 3, Dubuque County, Iowa; and Whereas, said Plat of Survey provides 0 feet of frontage for Lot 1 and Lot 2 on a public or approved private street, where street frontage is required by Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said Plat of Survey has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow 0 feet of frontage on a public street or an approved private street. Section 2. The Plat of Survey of: JQ Acres No. 3, Dubuque County, Iowa is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Plat of Survey. Passed, approved, and adopted this 17th day of August 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 8. Pre-Annexation Agreement with James and Mary Gansen : City Manager recom- mending approval of a Pre-Annexation Agreement with James B. and Mary L. Gansen in conjunction with a request for approval of the Plat of Survey of 47.048 acres located off Bellevue Heights Road between US Highway 52/61/151 and E.B. Lyons Interpretive Cen- ter. Upon motion the documents were received and filed, and Resolution No. 255-20 5 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and James B. and Mary L. Gansen was adopted. RESOLUTION NO. 255-20 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU- QUE, IOWA, AND JAMES B. & MARY L. GANSEN Whereas, James B. & Mary L. Gansen, 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 1-2 OF MINERAL LOT 502, EXCEPT PORTION THEREOF CONVEYED TO STATE OF IOWA BY WARRANTY DEED, RECORDED IN BOOK OF LANDS #47 PAGE 615, ET SEQ., AND EXCEPT PART CONDEMNED BY CONDEMNATION PROCEEDINGS, INSTRUMENT #2006-17959, AND RE-RECORDED AS INSTRU- MENT #2007-6674, IN DUBUQUE COUNTY, IOWA; and Whereas, James B. & Mary L. Gansen has entered into a Pre-annexation Agreement with the City of Dubuque, a copy of which is attached hereto governing the future annex- ation of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future orderly growth and development of the City of Dubuque, and will promote efficient and cost-effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Pre-annexation Agreement by and between James B. & Mary L. Gan- sen and the City of Dubuque is hereby approved. Passed, approved, and adopted this 17th day of August 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 9. Family Self-Sufficiency (FSS) Grant Application: City Manager recommending ap- proval to submit a grant application and resolution in order to obtain federal funds for two Family Self-Sufficiency Coordinator positions. Upon motion the documents were received and filed, and Resolution No. 256-20 Authorizing the Mayor to execute an application for the HUD Family Self-Sufficiency Program Grant and authorizing the Director of Housing and Community Development and the City Manager to approve the application was adopted. RESOLUTION NO. 256-20 AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR THE HUD FAM- ILY SELF-SUFFICIENCY PROGRAM GRANT AND AUTHORIZING THE DIRECTOR 6 OF HOUSING AND COMMUNITY DEVELOPMENT AND THE CITY MANAGER TO AP- PROVE THE APPLICATION Whereas, the U.S. Department of Housing and Urban Development has published a Notice of Funding Availability (NOFA) for the Family Self-Sufficiency Program to be uti- lized for the salaries of program coordinators combining the fu nding for the FSS coordi- nators that serve Housing Choice Voucher (HCV) participants and/or Public Housing (PH) participants for Calendar Year 2021; and Whereas, the City of Dubuque has administered Project Self-Sufficiency since Sep- tember 1987 that became the Family Self-Sufficiency (FSS) Program in July 1994; and Whereas, the City of Dubuque has received funding for an FSS coordinator continu- ously from 1994 thru 2019; and Whereas, the City of Dubuque proposes to continue administering the FSS program . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA THAT: Section 1: The Mayor is hereby authorized and directed to submit an application for the HUD FSS program grant. Section 2: The City Manager and the Housing and Community Development Director are hereby authorized to approve the application that is submitted to HUD. Section 3: The City Manager and the Housing & Community Development Director are hereby authorized and directed to forward said application and resulting standard exe- cuted contract to the respective agencies in a timely fashion and as required by the U. S. Department of Housing and Urban Development. Passed, approved, and adopted this 17th day of August 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 10. 2021 Application to Iowa Finance Authority for Housing Trust Fund : City Manager recommending approval of a resolution autho rizing the commitment of funding from Greater Downtown TIF as a match to the Housing Trust Fund Committee’s application to the Iowa Finance Authority for a grant from the State Housing Trust Fund to be used to support homeownership and rehabilitation activities in the Washington Neighborhood. Upon motion the documents were received and filed, and Resolution No. 257-20 Approv- ing commitment of matching funds for an application to the Iowa Finance Authority (IFA) for State Housing Funds was adopted. RESOLUTION NO. 257-20 APPROVING COMMITMENT OF MATCHING FUNDS FOR AN APPLICATION TO THE IOWA FINANCE AUTHORITY (IFA) FOR STATE HOUSING TRUST FUNDS Whereas, the Iowa Finance Authority (IFA) has recognized Dubuque’s Housing Trust Fund Committee as a certified Local Housing Trust Fund; and Whereas, IFA has made funding available in statewide competition to local trust funds for State Housing Trust Fund grants, in amounts based on population size; and Whereas, a 25% local match is required for receipt of a funding award; and Whereas, the Housing Trust Fund Committee has authorized an application to IFA for a Housing Trust Fund award, in the amount of $141,283; and 7 Whereas, the Greater Downtown Tax Increment Financing funds are available in the current year Housing Department’s budget in sufficient amount to meet the matching funds requirement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City of Dubuque hereby approves commitment of $35,321, in the cur- rent year Greater Downtown TIF as a match to the application for IFA State Housing Trust Funds. Section 2. The Housing Trust Fund Committee, in accordance with Sec. 2-5D-7 of the Code of Ordinances, shall have final authority to direct how such funds shall be used in support of revitalization activities in the Washington Neighborhood. Passed, approved, and adopted this 17th day of August 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 11. Fiscal Year 2021 Dubuque County Resource Enhancement and Protection (REAP) Plan Update: City Manager recommending approval of the City of Dubuque’s Fiscal Year 2021 update to the Dubuque County Resource Enhancement and Protection (REAP) Plan. Upon motion the documents were received, filed and approved. 12. Citizen Petition for Special Election - Ward One: Citizen Petition calling for a special election to fill the Ward One Council seat following the appointment by Council on July 27, 2020. Upon motion the documents were received and filed. 13. Dubuque Federation of Labor Notice of Cancelation of Labor Day Parade and La- bor Day Picnic: Correspondence from the Dubuque Federation of Labor informing the City of the cancelation of the Labor Day Parade and the Labor Day Picnic. Upon motion the documents were received and filed. 14. Dubuque County City Assessor Correspondence : Correspondence from City As- sessor Troy Patzner informing the City of three property tax appeals from the Dubuque City Board of Review and filed with the Iowa Property Assessment Ap peal Board and Dubuque County District Court. Upon motion the documents were received and filed. 15. Stipulation of Settlement for Property Tax Appeal - Davenport Farm and Fleet, Inc.: Senior Counsel recommending approval of the Stipulation of Settlement with respect to a property tax appeal filed by Davenport Farm and Fleet, Inc., for property located at 2675 NW Arterial. Upon motion the documents were received, filed and approved. 16. Signed Contract(s): Amendment to Revocable License with John W. and Sally Jo. Herrig for an access ramp on public right-of-way for 620 South Grandview Avenue. Upon motion the documents were received and filed. 17. Improvement Contracts / Performance, Payment and Maintenance Bonds: Ad- vanced Directional Drilling for the Clarke Drive Fiber Project from Asbury Road to Grandview Avenue. Upon motion the documents were received, filed and approved. 8 18. Business License Refund: Request from Eronel LLC D/B/A Blu Room for a refund of the Liquor License No. LC0044951 located at 600 Central Avenue due to the business closing. Upon motion the documents were received, filed and approved. 19. 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. 258-20 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. 258-20 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQ- UOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Renewals Hy-Vee #1 Market Cafe 3500 Didge St. Class C Liquor (Catering) (Sunday) Kwik Stop Food Mart 2255 Kerper Blvd. Class C Beer, Class B Native Wine (Sunday) Mystique Community Ice Center 1800 Admiral Sheehey Dr. Class C Liquor, Class B Na- tive Wine (Sunday) Sid's Beverage Store, Inc. 2727 Dodge St. Class E Liquor, Class C Beer, Class B Wine (Sunday) Texas Roadhouse 845 Wacker Dr. Class C Liquor (Catering) (Sunday) Tri-State Independent Blind Society Inc. 1068 Cedar Cross Rd. Special Class C Liquor Li- cense (BW) (Beer/Wine) West Dubuque Tap 1701 Asbury Rd. Class C Liquor (Sunday) Jubeck New world Brew- ing 115 W. 11th St. Adding Outdoor Service Passed, approved, and adopted this 17th day of August 2020. Roy D. Buol, Mayor 9 Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Boards and Commission Applicant Review: Applicants were invited to address the City Council regarding their desire to serve on the following boards/commissions. Applicant appointments will be made at the next City Council meeting. 1. Housing Commission: Two, 3-Year terms through August 17, 2023 (Expiring terms of Craddieth and Eudaley). Applicants: Amy Eudaley, 950 Wood St.; Joshua Richard, 439 Lowell St. Appointments were made to the following Boards and Commission. 2. Cable Television Commission: One, 3-Year term through July 1, 2023 (Vacant term of Hoverman). Applicant: 1.Garrett Heidenreich, 255 Nevada St. Motion by Cavanagh to appoint Mr. Heidenreich to the 3-year term. Seconded by Roussell. Motion carried 7-0. 3. Catfish Creek Watershed Management Authority: One, 4-Year term through July 17, 2024 (Expiring term of Drahozal). Applicant: 1. Steven Drahozal, 683 W. 11th St. Motion by Roussell to appoint Mr. Drahozal to the 4-year term. Seconded by Jones. Motion car- ried 7-0. 4. Housing Board of Appeals: One, 3-Year term through January 1, 2023 (Expired term of Young). Applicants: 1.Luke Hoffmann; 991 June Dr. ( Additional Applicant); 2.Jeff Len- hart, 1274 Locust St.; 3.Tom Smith, 2490 Clarke Crest Dr. (Additional Applicant). Upon roll-call vote Mr. Lenhart was appointed to the 3-year term. Mr. Hoffman received 1 vote (Resnick); and Mr. Lenhart received the remaining 6 votes. 5. Park and Recreation Advisory Commission: Three, 3-Year terms through June 30, 2023 (Expiring terms of Garrett, Kennicker and Kuhle). Applicants: 1.Robert Blocker, 880 Kane St.; 2. Emerald Frommelt, 441 ½ Burch St.; 3. Justin Hochberger, 2740 Muscatine St.; 4.Josh Jorgenson, 3030 Judson Ct.; 5. Robin Kennicker, 2929 Elm St.; 6.Cynthia Nachtman, 1791 Creek Wood Dr.; 7.Jessica Ochoa, 1970 Hale St.; 8.Whitney Sanger, 2250 Clydesdale Ct.; 9.McClain Steffens, 481 W. 15th St. Upon roll-call vote, Mr. Hock- berger, Ms. Kennicker, and Ms. Ochoa were appointed to the 3 -year terms. Blocker (0); Frommelt (0); Hockberger (5) Jones, Roussell, Buol, Resnick, Cavanagh; Jorgenson (3) Resnick, Sprank, Lynch; Kennicker (4) Jones, Roussell, Buol, Sprank; Nachtman (0); Ochoa (5) Roussell, Resnick, Sprank, Lynch, Cavanagh; Sanger (3) Jones, Buol, Lynch; Steffen (0). 6. Resilient Community Advisory Commission: One, 3-Year term through July 1, 2023 (Expiring Cross Representation term of Kennicker). Applicant: 1. Robin Kennicker, 2929 Elm St. Motion by Sprank to appoint Ms. Kennicker to the 3-year term. Seconded by Roussell. Ms. Kennicker qualified for appointment to this commission having been ap- pointed to the Park and Recreation Commission. Motion carried 7 -0. 10 7. Transit Advisory Board: Two, 3-Year terms through July 30, 2023 (Expiring term of Daughters and vacant term of Enderson). Applicants: 1.Robert Daughters, 1631 Jackson St.; 2.Garrett Heidenreich, 255 Nevada St. Motion by Resnick to appoint Mr. Daughters and Mr. Heidenreich to the 3-year terms. Seconded by Lynch. Motion carried 7-0. PUBLIC HEARINGS Due to the COVID-19 pandemic and mandates for social distancing, public input was made available through GoToMeeting chat function, City Council and City Clerk email accounts, and the City of Dubuque’s Facebook Live page. 1. Jule Transit New Fixed-Route Fare Structure: Proof of publication on notice of public hearing to consider approval of the restructuring of the Jule’s existing fare system, and the City Manager recommending approval. Motion by Cavanagh to receive and file the document and adopt Resolution No. 259-20 Authorizing Resolution Restructuring Transit Fixed Route Fare. Seconded by Jones. Responding to questions from the City Council, Transportation Services Director Renee Tyler stated that bus drivers have gone through training with the Police Department regarding compliance with the face covering ordi- nance as related to city transportation, and that bus ridership is such that social distancing guidelines can be followed; that all buses are disinfected regularly; and that this fare struc- ture becomes effective when the City reinstates fees after the COVID-19 decreases. Staff stated that no online public input had been received related to this item. Motion carried 7- 0. RESOLUTION NO. 259-20 AUTHORIZING RESOLUTION FOR THE RESTRUCTURING TRANSIT FIXED-ROUTE FARE Whereas the City of Dubuque provides fixed-route and paratransit services for the cit- izens of Dubuque; and Whereas the City of Dubuque has reevaluated the equity impact of its fares and the promotion of transit mobility to its residents; and Whereas the City of Dubuque desires to continue to provide equitable accessibility to fixed-route services to its citizens; and Whereas the proposed fare restructure will impact fixed route ridership and fare types. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Newly established fixed route fare restructuring are as follows effective August 18, 2020: Single Rides: Adult - $1.50 Seniors, ADA - $0.75 Children aged 11 and under ride for free Bus passes will be available for purchase in the form of the Mobile App and Smart Cards: • $45.00 – Full Fare Monthly Pass (Unlimited rides for 1 month) 11 • $22.50 – Half Fare Monthly Pass (Unlimited rides for 1 month for eligible passen- gers*) • $15.00 – 11 Ride Full Fare Pass (11 rides for price of 10) • $7.50 – 11 Ride Half Fare Pass (11 rides for price of 10 for eligible passengers*) $1 cost added for every card purchased *Half-fare eligibility includes people 65 and older or disabled. Passenger must provide proof of half-fare status (ID or Medicare card) if asked in order to ride. The Jule will maintain its $1.50 one ride cards. These cards are currently purchased in bulk by area agencies for patron usage. Bus operators will continue to collect the cards and return them to the operations center for reuse. Proposed New Fares/Fare Changes Student Annual Pass (Aged 12-18) – Change from $15 a year to free. Student must download the mobile or present a smart card to board the bus (a $1 charge will be as- sessed for the purchase of new or replacement smart cards) • Grade 6 through 12 must have current student ID. Operators may ask to see student IDs upon boarding to validate the student’s status. If the student does not comply with the ID check, she/he/they will be denied admission to ride the bus. Veteran Annual Pass – Honorably discharged veterans. $20 a year for unlimited rides. • At time of purchase, must provide valid photo ID and proof of Honorable Dis- charge. o DD Form 214 (Member copy 2-4*) o VA Summary of Benefit Letter *A Member 1 Copy of the DD Form 214 will not list the discharge status and cannot be accepted for this purpose. College Student Mobile App Pass – a $20 monthly unlimited pass will be offered to students enrolled at Clarke, Loras, University of Dubuque, Emmaus, and Northeast Iowa Community College. • Operators may ask to see student IDs upon boarding to validate the student’s status. If the student does not comply with the ID check, she/he/they will be de- nied admission to ride the bus. Passed, adopted, and approved this 17th day of August 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Approval of the Revised Administrative Plan for the Housing Choice Voucher Pro- gram: Proof of publication on notice of public hearing to consider approval of the revised Administrative Plan for the Housing Choice Voucher Program, and the City Manager rec- ommending approval. Motion by Roussell to receive and file the documents and adopt Resolution No. 260-20 Approving the revision of the Public Housing Authority (PHA) Ad- ministrative Plan for the Housing Choice Voucher Program. Seconded by Jones. Re- sponding to questions from the City Council, Housing and Community Development Di- rector Alexis Steger stated that tenant records such as felony violat ions, etc., cannot be used as a reason for denying Housing Choice Vouchers, nor based solely upon arrests only. Ms. Steger added that applications are reviewed by committee using federal law. City Manager Van Milligen and City Attorney Brumwell added that landlords can have 12 their own standards if the are consistent and non -discriminatory. Staff stated that no online public input had been received for this item. Motion carried 7-0. RESOLUTION NO. 260-20 APPROVING THE REVISION OF THE PUBLIC HOUSING AUTHORITY (PHA) ADMIN- ISTRATIVE PLAN FOR THE HOUSING CHOICE VOUCHER PROGRAM Whereas, the City of Dubuque is designated as a Public Housing Authority; and Whereas, the City of Dubuque maintains a comprehensive Public Housing A uthority Administrative Plan; and Whereas, the City of Dubuque desires to revise said Public Housing Authority Admin- istrative Plan; and Whereas, the Housing Commission held several public meetings to review each Chap- ter revisions of the plan from January 2020 through July 2020; and Whereas, on July 28, 2020 the Housing Commission approved and recommended City Council adoption of the revised Administrative Plan; and Whereas, the Resident Advisory Board convened on August 12, 2020 to review changes and accept the revised Administrative Plan; and Whereas, the Housing & Community Development Department will submit the revised Administrative Plan to the U.S. Department of Housing & Urban Development for final approval, after City Council approval. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Public Housing Authority (PHA) has revised the Administrative Plan for the Housing Choice Voucher Program and the City Council has approved all revisions to the Public Housing Authority Administrative Plan for the Housing Choice Voucher Pro- gram. Section 2. The City Council has adopted the revision to the Public Housing Authority Administrative Plan for the Housing Choice Voucher Program. Section 3. The Housing & Community Development Director is hereby directed to sub- mit the revised Public Housing Authority Administrative plan to the U.S. Department of Urban Development as required. Passed, approved, and adopted this 17th day of August 2020. Roy D Buol, Mayor Attest: Kevin Firnstahl City Clerk PUBLIC INPUT Due to the COVID-19 pandemic and mandates for social distancing, public input was made available through GoToMeeting chat function, City Council and City Clerk email accounts, and the City of Dubuque’s Facebook Live page. The City Clerk confirmed receipt of email correspondence from Jerry Maro, 10366 Tim- othy Street, and President of the Dubuque Landlords Association ; and Rob Smith, 1057 Bonnie Court, asking for the City Council to not waive the three-reading rule for the ordi- nance amendment regarding emergency escape and rescue openings (Action Item 3) to allow time for further review to assess the impact on older buildings. 13 Molly Grover, President of the Dubuque Area Chamber of Comme rce, 300 Main Street, requested Council removal of Provision E from Ordinance 31 -20 (Face Coverings), passed August 6, 2020, as it put the enforcement burden on businesses rather than the Police Department. Ms. Grover requested that the wording be changed to say, “may deny service.” John Weigman, 1720 Jackson Street, questioned the language of the ordinance amendment from Public Hearing No. 2 that stated removal of the sex offender website. Housing and Community Development Director Alexis Steger responded by stating that several methods are used to identify a sex offender in the voucher program so the specific reference to the webpage was removed as the only method. No other online public input was received related to the agenda. ACTION ITEMS 1. Dubuque Area Chamber of Commerce Correspondence : Requesting removal of Provision E from the Face Covering Ordinance No. 31-20 as adopted by Council on Au- gust 6, 2020. Restated motion by Cavanagh to receive and file the documents with no revisions to the current ordinance. Seconded by Roussell. Following City Council discus- sion, City Manager Van Milligen stated that is meeting with staff to develop criteria for the City Council to consider when they think it appropriate to rescind the ordinance. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 31-20 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH, HOUS- ING, SANITATION AND ENVIRONMENT, CHAPTER 1 HEALTH AND SAFETY REG- ULATIONS, BY ADDING A NEW SECTION 2 FACE COVERING REQUIREMENT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances Section 6-1 is amended by adding thereto the following new section: 6-1-2: FACE COVERING REQUIREMENT: A. Every person in the City of Dubuque two (2) years of age or older must wear a face covering that covers the person’s nose and mouth as follows: 1. Outside whenever one cannot stay at least six (6) feet away from others; 2. Inside any indoor public setting, for example, but not limited to: a. Grocery stores. b. Pharmacies. c. Hardware stores. d. Retail stores. e. Any other indoor public setting when with persons who do not live in the person’s household. 3. When using public transportation or a private car service, including taxis, ride share, or carpooling. B. Places and times where a person is not required to wear a face covering: 1. While traveling in a personal vehicle alone or with household members. 14 2. While a person is alone or in the presence of only household members. 3. While outside, if keeping six (6) feet away from others is possible 4. While exercising at moderate or high intensity such as jogging or biking. 5. While seated at a food establishment in the process of eating or drinking. 6. While obtaining a service that would require temporary removal of the person’s face covering. 7. When federal or state law prohibits wearing a face covering or requires the removal of the face covering. C. The following persons are exempt from wearing a face covering: 1. Persons younger than (two) 2 years of age. 2. Anyone who has difficulty breathing or is on oxygen therapy or a ventilator. 3. Anyone who is unconscious, incapacitated, or otherwise unable to remove the face covering without assistance. 4. Anyone who has been told by a medical, legal, or behavioral health profes- sional not to wear face coverings. 5. Anyone actively engaged in a public safety role, including but not limited to law enforcement, firefighters, or emergency medical personnel, although a face cover- ing should be worn if possible. D. A business that is open to the public must post signs at each entrance instructing customers of the legal obligation to wear a face covering as required by this Ordinance while inside the business. E. No business that is open to the public may provide service to a customer or allow a customer to enter its premises unless the customer is wearing a face covering as required by this Ordinance. F. Violations 1. For any violation of this chapter, an initial fine of ten dollars ($10.00) if paid within thirty (30) calendar days of the date of the violation. If payment is not made within such thirty (30) calendar days, said fine shall be fifteen dollars ($15.00). 2. Payment of the above fine by mail to the city treasurer shall be deemed paid as of the date of the postmark on the envelope thereof. 3. For purposes of this section, a fine shall become delinquent if not paid within thirty (30) calendar days from the date of issuance of the violation notice. 4. The City reserves the right to pursue delinquent violations through collections or the issuance of a municipal infraction pursuant to the City of Dubuque Code of Ordinances §1-4-2. G. Appeal. 1. Within ten (10) days of a violation a person may file with the Police Department a written notice of appeal. 2. Upon appeal, a municipal infraction shall be issued pursuant to City of Dubu- que Code of Ordinances §1-4-2. Section 2. This Ordinance shall take effect upon publication. Passed, approved, and adopted this 6th day of August 2020. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 8th day of August 2020. /s/Kevin S. Firnstahl, City Clerk 15 2. Authorization to File, Modify and Release Mortgages, Liens and Other Financial In- struments on Properties Participating in Housing Programs: City Manager recommending authorization for the City Manager or the City Manager's Designee to file, modify and release mortgages, liens or other financial instruments for properties that are participating in Housing Programs. Motion by Jones to receive and file the documents and adopt Res- olution No. 261-20 Resolution of the City of Dubuque approving authorization for the City Manager or the City Manager's designee to file and release liens on properties participat- ing in housing programs. Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 261-20 APPROVING AUTHORIZATION FOR THE CITY MANAGER OR THE CITY MAN- AGER'S DESIGNEE TO FILE AND RELEASE LIENS ON PROPERTIES PARTICIPAT- ING IN HOUSING PROGRAMS Whereas, the city of Dubuque, Iowa by and through its Housing & Community Devel- opment Department, executes property liens and mortgage instruments on behalf of the City; and Whereas, the various lien and mortgage instruments create an interest by the City in the various parcels of real estate which have been rehabilitated or repaired under the eligible activities and other applicable standards in grant funded housing programs; and Whereas, the City is frequently requested to modify or dispose of its interest in said real estate after the property owner has fulfilled the financial and other obligations of their lien and /or mortgage instrument; and Whereas, it is impractical to have each such modifications and dispositions approved by the City Council. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Manager, or his designee, is authorized to modify or release the City of Dubuque’s interest in real estate which has participated in grant funded housing programs. Section 2. The authorization shall apply to all future modifications, dispositions, and releases as well as to any here-to-fore disposed of by the Housing & Community Devel- opment Department as part of all grant funded housing programs. Passed, approved, and adopted this 17th day of August 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Code of Ordinances Amendments - Title 14 Emergency Escape and Rescue Open- ings: City Manager recommending approval of amendments to the City of Dubuque Code of Ordinances - Building Code for emergency escape and rescue openings. Motion by Resnick to approve First Reading of proposed ordinances amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article J Property Maintenance Code, Section 14-1J-2 International Property Maintenance Code Amendments; amending City of Dubuque Code of Ordinances Title 14 Building and De- velopment, Chapter 1 Building Codes, Article B Residential Code, Sections 14-1B-1 In- ternational Residential Code Adopted and 14 -1B-2 International Residential Code 16 Amendments; amending City of Dubuque Code of Ordinances Title 14 Building and De- velopment, Chapter 1, Building Codes, Article J, Property Maintenance Code Section 14- 1J-2 International Property Maintenance Code Amendments; and amending City of Dubu- que Code of Ordinances Title 14 Building and Development, Chapter 1, Building Code. Seconded by Jones. Housing and Community Development Directory Alexis Steger pro- vided information as to the benefit of having window requirements clearly stated in the Code versus an approved interpretation. Motion carried 7-0. 4. Code of Ordinances Amendment - Title 10 Veterans Memorial Park Hours: City Manager recommending a revision to the City of Dubuque Code of Ordinances Title 10 - 5B-22 to change the closing time for Veterans Memorial Park from midnight to 10:00 p.m. Motion by Jones to receive and file the documents and that the requirement that a pro- posed 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. Seconde d by Resnick. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 32-20 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-22 Open Season and Hours Generally. Seconded by Resnick. Motion carried 7-0. ORDINANCE NO. 32 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-22 OPEN SEASON AND HOURS GENERALLY NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 10-5B-22 of the City of Dubuque Code of Ordinances is amended to read as follows: 10-5B-22: OPEN SEASON AND HOURS GENERALLY: A. No person shall enter or remain in any park, parkway, trail, open space, or park and recreation facility other than during the season and hours des ignated in this section. B. For the purposes of this section, the regular park season shall mean from the first Saturday in May through the fourth Sunday of October. The pet park shall be open year- round. C. Eagle Point Park and Louis Murphy Park shall be open for use by the public from seven o'clock (7:00) a.m. to ten o'clock (10:00) p.m. Sunday through Thursday, and from seven o'clock (7:00) a.m. to eleven o'clock (11:00) p.m. Friday and Saturday during the regular park season. D. Marshall Park and the public use area of Franklin Delano Roosevelt Park shall be open to the general public from seven o'clock (7:00) a.m. to sunset daily during the regular park season. E. Gerald "Red" McAleece Park and Recreation Complex shall be open for use by the public from seven o'clock (7:00) a.m. to twelve o'clock (12:00) midnight daily. F. Bunker Hill Golf Course shall be open for use by the public from seven o'clock (7:00) a.m. to eleven o'clock (11:00) p.m. daily, March through November. 17 G. Flora Park Swimming Pool and Nicholas J. Sutton Swimming Pool shall be open for use by the public from six o'clock (6:00) a.m. to ten o'clock (10:00) p.m. daily, June through August. H. The following parks, parkways, trails, open spaces, and park and recreation facilities will be open for use by the public from seven o'clock (7:00) a.m. to ten o'clock (10:00) p.m. daily, unless alternate/extended times/hours have been approved by the Leisure Services Manager, through a special events permit or conditions of a City rental reserva- tion: A.Y. McDonald Park Allison-Henderson Park Avon Park Burden Park Caledonia Park Cancer Survivor Park Center Grove open space Cleveland Park Comiskey Park Eagle Valley Park Elmwood Green Park Falk Park Flat Iron Park Flora Park Gay Park Grant Park Harvest View Park Hillcrest Park Hilltop Park Ice Harbor Park Jackson Park Jefferson Park John G. Bergfeld Recreation Area Madison Park Marna Ridge Children's Forest Medical Associates Greenbelt Oakwood Park Pet Park Pinard Park Port of Dubuque Marina Pyatigorsk Park Riley Park Rocco Buda Jr. Park Southern Park Teddy Bear Park Trolley Line Trail Usha Park Valentine Park 18 Valley High Park Veterans Memorial Park Waller-Cooper Park Washington Park Welu Park Westbrook Park I. Miller-Riverview Park shall be open for use by the public from seven o'clock (7:00) a.m. until ten o'clock (10:00) p.m. daily, and only registered campers shall be permitted in the area at all other hours. J. The City Manager or authorized representative shall have the authority to close any or all parks, parkways, trails, open spaces, park and recreation facilities, park roadways and park parking lots before scheduled closing hours at times i t is deemed necessary in the interest and safety of the public. K. The following parks shall be open for use by the public twenty-four (24) hours per day: Alliant Energy Amphitheater American Trust River's Edge Plaza Bee Branch Creek Greenway Granger Creek Nature Trail Heritage Trail Jaycee Trail Northwest Arterial Trail Port of Dubuque Riverwalk Trail Powerline Trail Southern Levy Trail L. Camping is authorized in Miller-Riverview Park in accordance with City policies and procedures. Camping is prohibited in all other parks, parkways, trails, and open spaces unless approved, in writing by the City Manager or through a special events permit issued under chapter 4 of this title. Section 2. This Ordinance takes effect on publication. Passed, approved, and adopted the 17th day of August 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. Request for Work Session - Monthly COVID-19 Update: City Manager requesting that the City Council schedule the monthly COVID-19 Response and Recovery work ses- sion for 5:00 p.m. on Tuesday, September 8, 2020. Motion by Resnick to schedule the work session as recommended. Seconded by Lynch. No schedule conflicts were ex- pressed. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Jones reported on the opening of the Southwest Arterial today thank- ing the myriad of partners, workers, and employees that worked on the project over the last 30 years. 19 Council Member Cavanagh congratulated Council Member Roussell on her graduation from the Fountain of Youth Community in Change program. Council Member Roussell reported on her graduation from the Fountain of Youth Com- munity in Change program stating that the program is inspiring, change s lives and is good for the community. Council Member Resnick reported on the City Council’s goal setting session August 10-12 and how the Council took the issues seriously and disagreed at times, but with purpose and understanding. Mayor Buol reported on the City Council’s in-person goal setting, adding that there was good agreement, ideas and processes, all done in compliance with social distancing guidelines to prevent spread of the COVID-19 virus. There being no further business, Mayor Buol declared the meeting adjourned at 8:51 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk