Minutes_City Council Proceedings 9 21 20 Copyrighted
October 5, 2020
City of Dubuque Consent Items # 1.
City Council Meeting
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: City Council proceedings of 9/21, 9/28, 9/30; Community Development
Advisory Commission of 9/16; Housing Commission of 7/28; Housing
Trust Fund Advisory Committee of 9/22; Proof of Publication for City
Council proceedings of 9/8.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
City Council Proceedings of 9/21/20 Supporting Documentation
City Council Proceedings of 9/28/20 Supporting Documentation
City Council Proceedings of 9/30/20 Supporting Documentation
Community Development Advisory Commission Minutes Supporting Documentation
of 9/16/20
Housing Commission Minutes of 7/28/20 Supporting Documentation
Housing Commission Minutes of 7/28/20 Supporting Documentation
Housing Trust Fund Advisory Committee Minutes of Supporting Documentation
9/22/20
Proof of Publication for City Council Proceedings of Supporting Documentation
9/8/20
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on September 21, 2020.
Due to the COVID-19 pandemic and mandates for social distancing, this meeting was
conducted virtually through GoToMeeting and aired live on CityChannel Dubuque
(Mediacom cable channels 8 and 117.2), streamed live on the city's website at
www.cityofdubuque.org/media, and streamed live on the City's Facebook page at
www.facebook.com/cityofdubuque.
Present: Mayor Buol; Council Members Cavanagh, Jones, 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. COVID-19 Update: Mary Rose Corrigan, Public Health Specialist for the City of
Dubuque, provided an update on the COVID-19 pandemic and response activities. Topics
included: Review of the membership for the Dubuque County Public Health Incident
Management Team (IMT); Dubuque County Epi Curve; 14-day trendline of new COVID-
19 cases, trendline of past 14-day average COVID-19 test positivity rate; and
hospitalizations in Dubuque County; positive cases — rolling 7-day average; positive
cases by age group; individuals tested, positive, recovered, and deaths for lowa;
Localities red zones and yellow zone alerts; Event Risk Assessment Planning Tool;
review of how COVID-19 spreads; weekly totals of Dubuque County residents tested; and
IMT ongoing updates and communication. Ms. Corrigan responded to questions from the
City Council following her presentation.
PROCLAMATION(S)
1. Bike-to-Work Day/Week (September 21-27, 2020) was accepted by Acting
Transportation Services Director Russ Stecklein.
2. Fire Prevention Week (October 4-20, 2020) was accepted by Fire Chief Rick
Steines.
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Jones. Nicole Weber, 535 S. Grandview Avenue,
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requested Item #20 be held for separate discussion. Motion carried 7-0. Staff stated that
no other public input was received related to the Consent Items.
1. Minutes and Reports Submitted: City Council proceedings of 9/8; Historic
Preservation Commission of 8/20; Zoning Advisory Commission of 9/2; Zoning Board of
Adjustment of 8/27, 9/4. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Lisa Kramer for vehicle damage, Steven Mai for property
damage / personal injury. 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 lowa, the agent for the lowa Communities
Assurance Pool: Lisa Kramer for vehicle damage, and Steven Mai for personal injury /
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. 287-20 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 was adopted.
5. Final Plat of Cedar Ridge Farm Place No. 17: Zoning Advisory Commission
recommending approval of the Final Plat of Cedar Ridge Farm Place No. 17 subject to
waiving the lot frontage requirement for Lot 1 and Lot 2. Upon motion the documents were
received and filed, and Resolution No. 288-20 Approving the Final Plat of Cedar Ridge
Farm Place No. 17, City of Dubuque, Dubuque County, lowa was adopted.
6. Final Plat of Derby Grange Subdivision No. 5: Zoning Advisory Commission
recommending approval of the Final Plat of Derby Grange Subdivision No. 5. Upon
motion the documents were received and filed, and Resolution No. 289-20 Approving the
Final Plat of Survey for Derby Grange Subdivision No. 5, Dubuque County, lowa was
adopted.
7. Pre-Annexation Agreement - Derby Grange Subdivision, Ronald J & Mary E
Breitbach: City Manager recommending approval of a Pre-Annexation Agreement with
Ronald J. and Mary E. Breitbach in conjunction with a request for approval of the Plat of
Survey for 14.5 acres located at Lot 2 in Derby Grange No. 2 and Lot B Derby Grange
No. 3. Upon motion the documents were received and filed, and Resolution No. 290-20
Approving a Pre-Annexation Agreement between the City of Dubuque, lowa and Ronald
J. and Mary E. Breitbach was adopted.
8. Acceptance of the University Avenue and Grandview Avenue Intersection
Improvement Project: City Manager recommending acceptance of the improvements for
the University Avenue and North Grandview Avenue Roundabout Intersection
Improvement Project, as completed by Eastern lowa Excavating and Concrete, LLC.
Upon motion the documents were received and filed, and Resolution No. 291-20
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Accepting the University Avenue and North Grandview Avenue Roundabout intersection
Improvement Project and authorizing the payment to the contractor was adopted.
9. Montana House, LLC - First Amendment to Grant Agreement for 245 W. 1 st Street:
City Manager recommending approval of a First Amendment to Grant Agreement
between the City of Dubuque and Montana House, LLC to redevelop property at 245 W.
1 st Street. Upon motion the documents were received and filed, and Resolution No.
292A-20 Approving the First Amendment to Grant Agreement between the City of
Dubuque, lowa and Montana House, LLC was adopted.
10. 2021 Dubuque County Law Enforcement Task Force Grant, Subrecipient Funds:
City Manager recommending acceptance of the 2021 Dubuque County Law Enforcement
Task Force Grant, with the City of Dubuque as a subrecipient which will provide partial
funding for one Dubuque Drug Task Force narcotics investigator. Upon motion the
documents were received, filed and approved.
11. 2021 lowa Governor's Traffic Safety Bureau (GTSB) Grant Funds: City Manager
recommending acceptance of the 2021 lowa Department of Public Safety, Governor's
Traffic Safety Bureau Grant funds in the amount of $34,350 to be used to support traffic
related overtime enforcement, training related travel and equipment, to include three
preliminary breath test intoximeters. Upon motion the documents were received, filed and
approved.
12. Cottingham & Butler Insurance Services, Inc. - Close Out of Business Assistance
Contract 15-DF-034: City Manager submitting documents informing the City that the
terms of a Business Assistance Contract from the lowa Economic Development Authority
to Cottingham & Butler Insurance Services, Inc. have been satisfied, and the contract has
been closed out by the State. Upon motion the documents were received and filed.
13. Fiscal Year 2020 Street Finance Report: City Manager recommending approval of
the City of Dubuque's Fiscal Year 2020 City Street Financing Report and authorize filing
with the lowa Department of Transportation. Upon motion the documents were received
and filed, and Resolution No. 292-20 Approving the City of Dubuque Fiscal Year 2020
City Street Financing Report was adopted.
14. Authorizing Resolution Naming Acting Director as FTA and IDOT Active Delegate
of Transportation Services: City Manager recommending approval of resolutions
appointing Acting Director of Transportation Services Russell Stecklein as an active
delegate to make decisions with the FTA and IDOT on behalf of the City of Dubuque.
Upon motion the documents were received and filed, and Resolution No. 293-20
Authorizing the Director of Transportation Services file applications with the Federal
Transit Administration, an Operating Administration of the United States Department of
Transportation, for Federal Transportation Assistance authorized by 49 U.S.C. Chapter
53 Title 23 United States Code and other Federal statutes administered by the Federal
Transit Administration; and Resolution No. 294-20 Authorizing the Director of
Transportation Services file applications with the lowa Department of Transportation —
Office of Public Transit were adopted.
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15. Awarding Snow Removal and Ice Control Requests for Bids for 2020 and 2022:
City Manager recommending approval to award the winning bids for snow removal for the
City's sidewalks, ramps and surFace lots that are managed by the Parking Division to
Skyline Construction, TriState Paving Services, and Dan Arensdorf Construction, Inc.
Upon motion the documents were received, filed and approved.
16. Proposed License Agreement between City of Dubuque and ImOn
Communications, LLC: City Manager recommending approval of a License Agreement
with ImOn Communications to co-locate critical City technology infrastructure at the ImOn
Communication Network Operations Center. Upon motion the documents were received,
filed and approved.
17. Proposed Amendments to Master Co-location and Shared Services Agreement
Between the City of Dubuque and Unite Private Network: City Manager recommending
approval of four amendments to an existing Master Co-Location and Shared Services
Agreement with Unite Private Network. Upon motion the documents were received, filed
and approved.
18. GARE Innovation and Implementation Fund Arts and Culture Grant Application:
City Manager recommending acceptance of a grant application submitted on July 19,
2020, to the Government Alliance on Race & Equity (GARE) Innovation and
Implementation Fund Arts and Culture Grant program to support planning and outreach
related to the Dubuque Renaissance Project. Upon motion the documents were received,
filed and approved.
19. Letter of Recommendation for 2020 Coronavirus Relief Fund Future Ready lowa
Employer Innovation Fund Grant for Four Mounds: City Manager submitting a Letter of
Recommendation in support of Four Mounds as a potential recipient of the 2020
Coronavirus Relief Fund Future Ready lowa Employer Innovation Fund Grant. Upon
motion the documents were received, filed and approved.
20. Citizen Petition — UnmaskDBQ: Citizen Petition from UnmaskDBQ requesting
immediate termination of the mask mandate [Face Covering Ordinance]. Motion by
Resnick to receive and file the documents. Seconded by Jones. Nicole Weber, 535 S.
Grandview Avenue, and representing UnmaskDBQ, read from a prepared statement in
opposition to the City's COVID-19 Face Covering Ordinance claiming it to be unlawful
and unenforceable. Motion carried 7-0.
21. Signed Contract: 2020 Usage Agreement Revision with Clarke University for
Veterans Memorial Park. Upon motion the documents were received and filed.
22. Improvement Contracts / Performance, Payment and Maintenance Bonds:
Sealmaster Foam, LLC, d/b/a S&S Builders for the 2020 Asphalt Overlay Ramp Project
3B. Upon motion the documents were received, filed and approved.
23. Alcohol and Tobacco License Applications: City Manager recommending approval
of annual liquor, beer, wine and tobacco license applications as submitted. Upon motion
the documents were received and filed, and Resolution No. 295-20 Approving
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applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code
of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article
B Liquor, Beer and Wine Licenses and Permits; and Resolution No. 296-20 Approving
applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by lowa
Code Chapter 453A.47A were adopted.
ITEMS SET FOR PUBLIC HEARING
Motion by Lynch 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. Gardens of Dubuque, LLC Development Agreement: City Manager recommending
that the City Council schedule a public hearing for September 28, 2020 regarding a
Development Agreement with Gardens of Dubuque, LLC for development of property
located at 1895 Radford Road. Upon motion the documents were received and filed and
Resolution No. 297-20 Fixing the date for a public hearing of the City Council of the City
of Dubuque, lowa on a Development Agreement by and between the City of Dubuque,
lowa and Gardens of Dubuque, LLC including the proposed issuance of Urban Renewal
Tax Increment Revenue Obligations relating thereto and providing for the publication of
notice thereof was adopted setting a public hearing for a meeting to commence at 6:30
p.m. on September 28, 2020 in the Historic Federal Building.
2. Intent to Dispose of Property at 2320 Jackson Street: City Manager recommending
that the City Council set a public hearing for October 5, 2020, for the purpose of disposing
of City-owned real property located at 2320 Jackson Street to Michael R. Taylor. Upon
motion the documents were received and filed and Resolution No. 298-20 Intent to
dispose of an interest in City of Dubuque real estate to Michael R. Taylor, setting a time
and place for hearing, and providing for the publication of notice thereof was adopted
setting a public hearing for a meeting to commence at 6:30 p.m. on October 5, 2020 in
the Historic Federal Building.
3. Dubuque Water Supply Well Repair and Rehabilitation Project 2020: City Manager
recommending initiation of the bidding procedure for the Dubuque Water Supply Well
Repair and Rehabilitation Project, and further recommends that a public hearing be set
for October 5, 2020. Upon motion the documents were received and filed and Resolution
No. 299-20 Preliminary Approval of plans, specifications, form of contract, and estimated
cost; setting date of public hearing on plans, specifications, form of contract, and
estimated cost; and ordering the advertisement for bids was adopted setting a public
hearing for a meeting to commence at 6:30 p.m. on October 5, 2020 in the Historic
Federal Building.
[Due to the ongoing COVID-19 pandemic, the City Council will meet virtually through
GoToMeeting. The official agenda will be posted on Friday prior to the meeting and will
contain listening, viewing, and public input options. The City Council agenda can be
accessed at _or by contacting the
City Clerk's Office at 563-589-4100, raUpUG .]
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BOARDS/COMMISSIONS
Boards and Commission Applicant Review: The applicant was invited to address the
City Council regarding her desire to serve on the following Boards/Commissions.
1. Airport Commission: One, 4-Year term through September 14, 2024 (Expired term
of Clemenson). Applicant: Sue Clemenson, 2469 Hacienda Dr.
Boards and Commission Appointments: Appointments were made to the following
commissions.
2. Cable Television Commission: One, 3-Year term through July 1, 2023 (Vacant term
of Tigges). Applicant: Ronald Tigges, 4927 Wild Flower Dr. Motion by Cavanagh to
appoint Ron Tigges to the 3-year term. Seconded by Roussell. Motion carried 7-0.
3. Resilient Community Advisory Commission: One, 3-Year term through July 1, 2025
(Vacant term of Specht). Applicants: Nicole Breitbach, 275 Fremont Ave.; Jade Romagna,
998 June Dr.; Whitney Sanger, 2250 Clydesdale Ct. Upon roll-call vote, Whitney Sanger
was appointed to the 3-year term. Breitbach = 1 (Roussell); Romagna = -0-; Sanger =
Sprank, Cavanagh, Lynch, Buol, Resnick, and Jones.
PUBLIC HEARINGS
1. Grant of Easement to BVM-PHS Senior Housing, Inc.: Proof of publication on notice
of public hearing to consider granting a private sanitary sewer easement across City-
owned property along Julien Dubuque Drive to BVM-PHS Senior Housing, Inc. as part of
the Mt. Carmel Campus improvements project, and the City Manager recommending
approval. Motion by Lynch to receive and file the documents and adopt Resolution No.
300-20 Granting Easement for sanitary sewer utility to BVM PHS Senior Housing, Inc.
across part of Lot 1-2-1 of the NW Fractional Quarter of the NE Quarter and part of Lot
2-1 of the NE Fractional Quarter of the NW Quarter, Section 6, T88N, R3E lying north of
Julien Dubuque Drive, Dubuque County, lowa; and Resolution No. 301-20 Disposing of
City interest by Grant of Easement for Sanitary Sewer Utility to BVM-PHS Senior Housing,
Inc. across part of Lot 1-2-1 of the NW Fractional Quarter of the NE quarter and part of
Lot 2-1 of the NE Fractional Quarter of the NW Quarter, Section 6, T88N, R3E, lying north
of Julien Dubuque Drive, Dubuque County, lowa. Seconded by Sprank. Staff stated that
no public input was received regarding this public hearing. Motion carried 7-0.
2. Cancer Survivor Park Lease with Finley Hospital: Proof of publication on notice of
public hearing to consider disposal of City-owned real property by Lease Agreement with
The Finley Hospital for Cancer Survivor Park at W. 3rd Street and College Street, and the
City Manager recommending approval. Motion by Cavanagh to receive and file the
documents and adopt Resolution No. 302-20 Disposing of an interest in real property by
Lease Agreement with the Finley Hospital. Seconded by Resnick. Staff stated that no
public input was received regarding this public hearing. Motion carried 7-0.
3. Fiscal Year 2021 First Budget Amendment: Proof of publication on notice of public
hearing to consider approval the first Fiscal Year 2021 Budget Amendment, and the City
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Manager recommending approval. Motion by Jones to receive and file the documents
and adopt Resolution No. 303-20 Amending the current budget for the Fiscal Year ending
June 3, 2021. Seconded by Roussell. Staff stated that no public input had been received
regarding this public hearing. Motion carried 7-0.
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. Staff stated that no online
public input was received.
ACTION ITEMS
1. Code of Ordinances Amendments - Title 14 Emergency Escape and Rescue
Openings - Third Reading: City Manager recommending approval of amendments to the
City of Dubuque Code of Ordinances - Building Code for emergency escape and rescue
openings. Housing and Community Development Director showed and narrated a brief
video illustrating firefighters and residents escaping through several styles of window
openings. Motion by Jones to receive and file the documents and adopt Ordinance No.
33-20 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; Ordinance No. 34-20 Amending
City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1
Building Codes, Article B Residential Code, Sections 14-1 B-1 International Residential
Code Adopted and 14-1 B-2 International Residential Code Amendments; Ordinance No.
35-20 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; and Ordinance No. 36-20
Amending City of Dubuque Code of Ordinances Title 14 Building and Development,
Chapter 1, Building Code. Seconded by Cavanagh. Ms. Steger referenced the additional
clarifying text added to each ordinance. City Manager Van Milligen reiterated the
information from his memo and referenced correspondence received from Tom Smith,
2490 Clarke Crest Dr.; and Jerry Maro, 10366 Timothy St., and Ms. Steger's response to
both gentlemen. Motion carried 7-0.
2. Proposed Amendment to City Ordinance for Emergency Escape & Rescue
Openings - Fire Code Update: City Manager recommending that City Council pass the
proposed ordinance for the Fire Code on the first reading and waive the second and third
reading to match the publication date of all other Building Code updates. Motion by
Cavanagh to receive and file the documents and that the requirement that a proposed
ordinance be considered and voted on for passage at two Council meetings prior to the
meeting at which it is to be passed be suspended. Seconded by Jones. Motion carried 7-
0.
Motion by Cavanagh for final consideration and passage of Ordinance No. 37-20
Amending City of Dubuque Code of Ordinances Title 14 Building and Development,
Chapter 1 Building Codes, Article E Fire Code and Regulations, Section 14-1 E-1
International Fire Code Adopted and 14-1 E-2 International Fire Code Amendments.
Seconded by Jones. Motion carried 7-0.
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3. Five Flags Parking Ramp Proposed Temporary Monthly Fee Adjustment: City
Manager recommending approval of a temporary adjustment for the monthly fees
charged at the Five Flags Parking Ramp. Motion by Roussell to receive and file the
documents and adopt Resolution No. 304-20 Authorizing the City Manager to adjust the
fees and charges for the parking of motor vehicles in Municipal Parking Ramps.
Seconded by Resnick. Responding to questions from the City Council, City Manager Van
Milligen stated that a change in future plans for downtown parking are reliant on current
development agreements and the impact of the COVID-19 pandemic on businesses.
Motion carried 7-0.
4. Request for Work Session - Monthly COVID-19 Update: City Manager requesting
that the City Council schedule the monthly COVID-19 Response and Recovery work
session for 5:00 p.m. on Monday, October 5, 2020. Motion by Lynch to receive and file
the documents and set the work session as recommended. Seconded by Resnick. No
schedule conflicts were expressed. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Roussell reported on the success of the lowa League of Cities' annual
conference conducted virtually, and on attending the Presentation Lantern Center's
webinar related to helping immigrants throughout the County.
Council Member Cavanagh echoed Ms. Roussell's comments and added that ILC
conference presenter from Storm Lake, lowa, had excellent ideas from their community.
Mayor Buol reminded the community to social distance, wear masks, wash hands, and
stay healthy.
There being no further business, Mayor Buol declared the meeting adjourned at 8:41
p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
1 t 9/30
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