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9 21 20 City Council Proceedings Official_RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL 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 (Me- diacom 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 Man- agement 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 Iowa; Localities red zones and yel- low 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 com- munication. 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 Trans- portation Services Director Russ Stecklein. 2. Fire Prevention Week (October 4-20, 2020) was accepted by Fire Chief Rick Stei- nes. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Jones. Nicole Weber , 535 S. Grandview Avenue, 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 Preserva- tion Commission of 8/20; Zoning Advisory Commission of 9/2; Zoning Board of Adjust- ment 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 Iowa, the agent for the Iowa Communities As- surance Pool: Lisa Kramer for vehicle damage, and Steven Mai for personal injury / prop- erty 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 accord- ance with City procedures was adopted. 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 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 heretofo re, by Resolution 142- 18 adopted May 7, 2018, authorized the Finance Director-City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Finance Director-City Treasurer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and contracts issued in compliance with state and municipal code requirements as re- quested by designated requisitioning authorities in accordance with approved budget ap- propriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance Director are hereby authorized and directed to provide the statement of receipts and dis- bursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 21st day of September 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. Final Plat of Cedar Ridge Farm Place No. 17: Zoning Advisory Commission recom- mending 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 re- ceived and filed, and Resolution No. 288-20 Approving the Final Plat of Cedar Ridge Farm Place No. 17, City of Dubuque, Dubuque County, Iowa was adopted. RESOLUTION NO. 288-20 APPROVING THE FINAL PLAT OF CEDAR RIDGE FARM PLACE NO. 17, CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Cedar Ridge Farm Place No. 17, City of Dubuque, Dubuque County, Iowa; and Whereas, said Final Plat 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 Final Plat has been examined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said Final Plat has been examined by the City Council and they find that it conforms to the statues and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow 0 feet of frontage on a public street or an approved private street. Section 2. The Final Plat of Cedar Ridge Farm Place No. 17, City of Dubuque, Dubu- que County, Iowa is hereby approved, and the Mayor and City Clerk are hereby author- ized and directed to endorse the approval of the City of Dubuque, Iowa upon said Final Plat. Passed, approved, and adopted this 21st day of September 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 6. Final Plat of Derby Grange Subdivision No. 5: Zoning Advisory Commission recom- mending 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, Iowa was adopted. RESOLUTION NO. 289-20 APPROVING THE FINAL PLAT OF SURVEY DERBY GRANGE SUBDIVISION NO. 5, DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Survey: Derby Grange Subdivision No. 5, Dubuque County, Iowa that is within the City’s 2-mile extra-territorial jurisdiction; 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 statues and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Plat of Survey: Derby Grange Subdivision No. 5, 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 Final Plat of Survey. Passed, approved, and adopted this 21st day of September 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 7. Pre-Annexation Agreement - Derby Grange Subdivision, Ronald J & Mary E Breit- bach: 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 Derb y Grange No. 3. Upon motion the documents were received and filed, and Resolution No. 290-20 Approv- ing a Pre-Annexation Agreement between the City of Dubuque, Iowa and Ronald J. and Mary E. Breitbach was adopted. RESOLUTION NO. 290-20 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU- QUE, IOWA AND RONALD J. AND MARY E. BREITBACH Whereas, Ronald J. and Mary E. Breitbach, the owner of the following described prop- erty in Dubuque County, Iowa (the Property) have submitted to the City Council of the city of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: LOT 2 IN DERBY GRANGE NO. 2, AND LOT B IN DERBY GRANGE NO. 3, ALL IN DUBUQUE COUNTY, IOWA; and Whereas, Ronald J. and Mary E. Breitbach has entered into a Pre-annexation Agree- ment with the City of Dubuque, a copy of which is attached hereto governing the future annexation of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future orderly growth and development of the City of Dubuque, and will promote efficient and cost-effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre-annexation Agreement by and between Ronald J. and Mary E. Breitbach and the City of Dubuque is hereby approved. Passed, approved, and adopted this 21st day of September 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 8. Acceptance of the University Avenue and Grandview Avenue Intersection Improve- ment Project: City Manager recommending acceptance of the improvements for the Uni- versity Avenue and North Grandview Avenue Roundabout Intersection Improvement Pro- ject, as completed by Eastern Iowa Excavating and Concrete, LLC. Upon motion the doc- uments were received and filed, and Resolution No. 291-20 Accepting the University Av- enue and North Grandview Avenue Roundabout intersection Improvement Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 291-20 ACCEPTING THE UNIVERSITY AVENUE AND NORTH GRANDVIEW AVENUE ROUNDABOUT INTERSECTION IMPROVEMENT PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the University Avenue and North Grandview Avenue Roundabout Intersection Improvement Project (the Project) has been completed by the contractor, Eastern Iowa Excavating & Concrete, LLC (Contractor), and the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $1,342,408.35; and Whereas, the Contractor has previously been paid $1,319,045.95, leaving a balance of $23,362.40; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved, and the Project is hereby accepted. Section 2. The Director of Finance and Budget is hereby directed to pay the balance of the retainage of $23,362.40 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa chapter 26.13. Passed, approved, and adopted this 21st day of September 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE UNIVERSITY AVENUE AND NORTH GRANDVIEW AVENUE ROUNDABOUT INTERSECTION IM- PROVEMENT PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the University Avenue and North Grandview Avenue Roundabout Intersec- tion Improvement Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $1,496,930.06. Dated this 15th day of September 2020. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 15th day of September 2020. /s/Kevin S. Firnstahl, City Clerk 9. Montana House, LLC - First Amendment to Grant Agreement for 245 W. 1st Street: City Manager recommending approval of a First Amendment to Grant Agreement be- tween the City of Dubuque and Montana House, LLC to redevelop property at 245 W. 1st 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, Iowa and Montana House, LLC was adopted. RESOLUTION NO. 292A-20 APPROVING THE FIRST AMENDMENT TO GRANT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND MONTANA HOUSE, LLC Whereas, the City of Dubuque (City) and Montana House, LLC (Grant Recipient) pre- viously entered into a Grant Agreement dated April 20, 2020 for the redevelopment of 245 W 1st Street in the City of Dubuque, Iowa (the Project); and Whereas, City and Grant Recipient desire to amend the Grant Agreement as set forth in the attached First Amendment to Grant Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The First Amendment to Grant Agreement between the City of Dubu que, Iowa and Montana House, LLC, a copy of which is attached hereto, is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute the First Amend- ment to Grant Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. The City Manager is authorized to take such actions as are necessary to comply with the terms of the First Amendment to Grant Agreement as herein approved. Passed, approved, and adopted this 21st day of September 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 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 docu- ments were received, filed, and approved. 11. 2021 Iowa Governor's Traffic Safety Bureau (GTSB) Grant Funds: City Manager recommending acceptance of the 2021 Iowa 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 pre- liminary 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 Iowa 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 Iowa 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. RESOLUTION NO. 292-20 APPROVING THE CITY OF DUBUQUE FISCAL YEAR 2020 CITY STREET FINANC- ING REPORT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Street Finance Report for the period of July 1, 2019, to June 30, 2020, is hereby approved and that the Director of Finance and Budget is hereby author- ized and directed to file said report with the Iowa Department of Transportation. Passed, approved, and adopted this 21st day of September 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 14. Authorizing Resolution Naming Acting Director as FTA and IDOT Active Delegate of Transportation Services: City Manager recommending approval of resolutions appoint- ing 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 Di- rector of Transportation Services file applications with the Federal Transit Administration, an Operating Administration of the United States Department of Transportation, for Fed- eral 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 applica- tions with the Iowa Department of Transportation – Office of Public Transit were adopted. RESOLUTION NO. 293-20 AUTHORIZING THE DIRECTOR OF TRANSPORTATION SERVICES FILE APPLICA- TIONS WITH THE FEDERAL TRANSIT ADMINISTRATION, AN OPERATING ADMIN- ISTRATION 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 ADMINIS- TERED BY THE FEDERAL TRANSIT ADMINISTRATION Whereas, the Federal Transportation Administrator has been delegated authority to award Federal financial assistance for a transportation project; and Whereas, the grant or cooperative agreement for Federal Financial assistance will im- pose certain obligations upon the Applicant, and may require the Applicant to provide the local share of the project cost; and Whereas, the Applicant has or will provide all annual certifications and assurances to the Federal Transit Administration required for the project; and Whereas, the Mayor may authorize a designee to execute and file applications to the Federal Transit Administration on behalf of the City of Dubuque; and Whereas, Russell Stecklein has been appointed as the Acting Director of Transporta- tion Services, effective September 21, 2020. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA, AS FOLLOWS THAT: Section 1. The Mayor of the City of Dubuque has authorized Russell Stecklein the Acting Director of Transportation Services, to serve as designee to execute and file ap- plication for Federal assistance on behalf of the City of Dubuque d.b.a. The Jule Transit with the Federal Transit Administration for Federal Assistance authorized b y 49 U.S.C. Chapter 53, Title 23, United States Code, or other Federal statutes authorizing a project administered by the Federal Transit Administration. Section 2. The Mayor of the City of Dubuque or his/her designee (i.e. Director of Trans- portation Services) is authorized to execute and file with its application the annual certifi- cation and assurances and other documents the Federal Transportation Administration requires before awarding a Federal grant or cooperative agreement. Section 3. The Mayor of the City of Dubuque or his/her designee (i.e. Director of Trans- portation Services) is hereby authorized and directed to execute said grant and coopera- tive agreements with the Federal Transit Administration on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest his signature. Passed, approved, and adopted this 21st day of September 2020. Roy D Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 294-20 AUTHORIZING THE DIRECTOR OF TRANSPORTATION SERVICES FILE APPLICA- TIONS WITH THE IOWA DEPARTMENT OF TRANSPORTATION – OFFICE OF PUB- LIC TRANSIT Whereas, the City of Dubuque provides fixed-route and paratransit services for the citizens of Dubuque; and Whereas, the Iowa Department of Transportation (IDOT) is a pass t hrough funding entity for federal capital and operating funds; and Whereas, the City has historically applied through the IDOT for these funds; and Whereas, the City Council finds that the applying for the funds to be beneficial to the continued provision of transit service for the citizens of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. Russell Stecklein, Acting Director of Transportation Services, is authorized to on behalf of the City Council, to apply for financial assistance and to enter into related contract(s) with the Iowa Department of Transportation. Passed, adopted, and approved this 21st day of September 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 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 Communica- tions, LLC: City Manager recommending approval of a License Agreement with ImOn Communications to co-locate critical City technology infrastructure at the ImOn Commu- nication 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 & E quity (GARE) Innovation and Implemen- tation 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 Iowa 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 Corona- virus Relief Fund Future Ready Iowa Employer Innovation Fund Grant. Upon motion the documents were received, filed, and approved. 20. Citizen Petition – UnmaskDBQ: Citizen Petition from UnmaskDBQ requesting im- mediate 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 unenforce- able. Motion carried 7-0. 21. Signed Contract: 2020 Usage Agreement Revision with Clarke University for Vet- erans Memorial Park. Upon motion the documents were received and filed. 22. Improvement Contracts / Performance, Payment and Maintenance Bonds: Seal- master 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 applica- tions for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordi- nances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits; and Resolution No. 296-20 Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code Chapter 453A.47A were adopted. RESOLUTION NO. 295-20 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. Renewals Southend Tap 55 Locust St. Class C Liquor (Sunday) Driftless Catering, LLC 168 East 10th St. Class C Liquor (Sunday) Dubuque Home Designs, LLC 2490 Meinen Ct. Class B Native Wine EZ STOP II 700 Rhomberg Ave. Class E Liquor, Class B Wine, Class C Beer (Sunday) Phillips 66/Arby's 10 South Main St. Class C Beer (Sunday) 6 Months BustinAxe Throwing Range 576 Central Ave. Special Class C Liquor (Sun- day) New Hy-Vee C-Store #3 300 S. Locust St. Class E Liquor, Class B Wine, Class C Beer (Sunday) Fuel Express Food Mart 250 W 1st St. Class C Beer, Class B Wine Boaz BBQ 1689 Elm St. Special Class C Liquor (Out- door) Big 10 Mart #11 3300 Asbury Rd. Class E Liquor, Class B Wine, Class C Beer (Sunday) Big 10 Mart #12 405 Rhomberg Ave. Class E Liquor, Class B Wine, Class C Beer (Sunday) Gino's East Dubuque 333 E 10th St. Class C Liquor (Outdoor) (Sunday) 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: Passed, approved, and adopted this 21st day of September 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 296-20 APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICO- TINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Cigarette/Tobacco Sales have been submitted and filed with the City Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Business Name Business Address Fuel Express Food Mart, Inc. 250 West 1st Street Section 1. The City Clerk is hereby authorized and directed to cause to be issued the following named applicants and locations for cigarette/tobacco sales permit. Passed, approved, and adopted this 21st day of September 2020. Roy D Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 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 De- velopment Agreement with Gardens of Dubuque, LLC for development of property lo- cated 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, Iowa on a Development Agreement by and between the City of D ubuque, Iowa 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. RESOLUTION NO. 297-20 FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND GARDENS OF DUBUQUE, LLC, INCLUDING THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLI- GATIONS RELATING THERETO AND PROVIDING FOR THE PUBLICATION OF NO- TICE THEREOF Whereas, City and Gardens of Dubuque, LLC have entered into a Development Agree- ment, subject to the approval of the City Council, a copy of which is now on file at the Office of the City Clerk, City Hall, 50 W. 13th Street, Dubuque, Iowa for the development of property located at 1895 Radford Road; and Whereas, the City Council has tentatively determined that it would be in the best inter- ests of the City to approve the Development Agreement, with Gardens of Dubuque, LLC; and Whereas, it is deemed necessary and advisable that City should authorize Urban Re- newal Tax Increment Revenue obligations, as provided by Iowa Code Chapter 403 pur- suant to the Development Agreement; and Whereas, before said obligations may be approved, Iowa Code Chapter 403 requires that the City Clerk publish a notice of the proposal and of the time and place of the meet ing at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or property owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause a notice to be published as prescribed by Iowa Code Section 403.9 of a public hearing on the City's intent to authorize Urban Renewal Tax Increment Revenue obligations, to be held on the 28th day of September, 2020, at 6:30 o'clock p.m.. Due to the ongoing COVID-19 pan- demic, the City Council will meet virtually through GoToMeeting. The official agenda will be posted on Friday, September 25, 2020 a nd will contain listening, viewing, and public input options. The City Council agenda can be accessed at https://cityofdubuque.novu- sagenda.com/AgendaPublic/ or by contacting the City Clerk’s Office at 563 -589-4100, ctyclerk@cityofdubuque.org. Section 2. The City Council will meet at said time and place for the purpose of taking action on the matter of authorizing Urban Renewal Tax Increment Revenue obligations and the execution of the Development Agreement relating thereto with Gardens of Dubu- que, LLC, the proceeds of which obligations will be used to carry out certain of the special financing activities described in the Urban Renewal Plan for the Radford Road Urban Renewal District, consisting of the funding of economic developments grants to Gardens of Dubuque, LLC pursuant to the Development Agreement. It is expected that the aggre- gate amount of the Tax Increment Revenue obligations to be issued will be approximately $1,140,000. Section 3. The Clerk is hereby directed to cause at least one publication to b e made of a notice of said meeting, in a newspaper, printed wholly in the English language, pub- lished at least once weekly, and having general circulation in said City, said publication to be not less than four days nor more than twenty days before the dat e of said meeting on the issuance of said obligations. Section 4. That the notice of the proposed action to issue said obligations shall be in substantially the form attached hereto. Passed, approved and adopted this 21st day of September, 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 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 dis- pose 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 His- toric Federal Building. 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 PROVID- ING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) owns 2320 Jackson Street (the Property) legally described as: Lot 65 in L.H. Langworthy’s Addition in the City of Dubuque, Iowa, according to the recorded plat thereof; and Whereas, City acquired the Property from Dubuque’s True North Corporation as a va- cant property for the purpose of its restoration and re-sale for owner-occupied housing; and Whereas, City received an offer to purchase the property from Michael R. Taylor; and Whereas, by accepting the selected offer the City’s objectives of providing homeown- ership to an income qualified buyer and rehabilitation of a vacated home can be realized and is consistent with the City goal of creating opportunities for affordable home owner- ship. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City of Dubuque, Iowa, proposes to dispose of its interest in the above described real estate to Michael R. Taylor for the sum of $136,500.00. Section 2. The City Council shall conduct a public hearing on the proposed disposition of real on the 5th day of October 2020 beginning at 6:30 p.m. and conducted virtually. Section 3. The City Clerk be and is hereby authorized and directed to publish notice of the public hearing in the form attached hereto, according to law. Passed, approved, and adopted this 21st day of September 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 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 esti- mated 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 Bui ld- ing. RESOLUTION NO. 299-20 DUBUQUE WATER SUPPLY WELL REPAIR AND REHABILITATION PROJECT 2020 (WELLS 3, 6, AND 8) 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 Dubuque Water Supply Well Repair and Rehabilitation Project 2020 (Wells 3, 6, and 8) in the amount of $205,700, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Section 2. A public hearing will be held on the 5th day of October 2020, at 6:30 p.m. in the Historic Federal Building Council Chambers (and/or by virtual means), 350 W. 6th Street, Dubuque, 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 atta ched 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 con- tract, or estimated cost of the Project. Section 3. The Dubuque Water Supply Well Repair and Rehabilitation Project 2020 (Wells 3, 6, and 8) is hereby ordered to be advertised for bids for construction. Section 4. 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 5. The Water Department Manager is hereby directed to 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 circulation, 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 22 nd day of October 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 2nd day of November 2020, in the Historic Federal Building Council Chambers (and/or by virtual means), 350 West 6th Street, Dubuque, Iowa. Passed, adopted, and approved this 21st day of September 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk [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 ac- cessed at https://cityofdubuque.novusagenda.com/AgendaPublic/ or by contacting the City Clerk’s Office at 563-589-4100, ctyclerk@cityofdubuque.org.] 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 ap- point 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 ap- proval. 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, Iowa; 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, Iowa. Seconded by Sprank. Staff stated that no public input was received regarding this public hearing. Motion carried 7-0. 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 DUBU- QUE DRIVE, DUBUQUE COUNTY, IOWA Whereas, BVM-PHS Senior Housing, Inc. has requested a “Grant of Easement” for sanitary sewer utility 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, Iowa, for a private sanitary sewer main; and Whereas, IIW, PC has prepared and submitted to the City Council an exhibit showing the easement area for the proposed private sanitary sewer main across City owned prop- erty being described as 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, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that the por- tion of 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, Iowa can be utilized for the sanitary sewer utility, as shown on the Exhibit A, in the City of Dubuque, Dubuque County, Iowa, and should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Grant of Easement for Sanitary Sewer Utility to BVM-PHS Senior Hous- ing, Inc. be and the same is hereby approved. Passed, approved, and adopted this 21st day of September 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 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, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 11th day of September, 2020, the City Council of the City of Dubuque, Iowa met on this 21st day of September, 2020, at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, to consider the proposal for the granting of easement across City owned property described as: 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, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the proposed granting of easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Grant of Easement for Sanitary Sewer Utility to BVM-PHS Senior Hous- ing, 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, Iowa, be and the same is hereby ap- proved. Section 2. The Mayor be authorized and directed to execute the Grant of Easement for Sanitary Sewer Utility and the City Clerk be and is hereby authorized and directed to deliver said Grant of Easement to BVM-PHS Senior Housing, Inc. Section 3. The City Clerk be and is hereby authorized and directed to record a certified copy of this Grant of Easement for Sanitary Sewer Utility in the offices of the Dubuque County Recorder. Passed, approved, and adopted this 21st day of September 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 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 doc- uments 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 h earing. Motion carried 7-0. RESOLUTION NO. 302-20 DISPOSING OF AN INTEREST IN REAL PROPERTY BY LEASE AGREEMENT WITH THE FINLEY HOSPITAL Whereas, the City of Dubuque, Iowa (City) is the owner of the following described real estate (the Property): Lots 21 and 22 – Finley Home Addition. Locally knowns as the northwest corner of W. 3rd Street and College Street; and Whereas, The Finley Hospital, an Iowa Corporation desires to lease the Property for the construction and operation of a park as set forth in the Lease Agreement attached hereto; and Whereas, on September 11, 2020, the City Council pursuant to notice published as required by law held a public hearing on its intent to dispose of the foregoing interest in the Property and overruled all objections thereto; and Whereas, the City Council finds that it is in the best interest of the City to approve the disposition of such interest in the Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque approves the disposition of the City’s interest in the foregoing-described Property by lease to The Finley Hospital. Section 2. The Mayor is hereby authorized and directed to sign this Resolution and the Lease Agreement. Passed, approved, and adopted this 21st day of September 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 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 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. CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION - FY 2021 - AMENDMENT #1 To the Auditor of DUBUQUE County, Iowa: The City Council of Dubuque in said County/Counties met on 9/21/2020, at the place and hour set in the notice, a copy of which accompanies this certificate and is certified as to publication. Upon taking up the proposed amendment, it was considered, and taxpayers were heard for and against the amendment. The Council, after hearing all taxpayers wishing to be heard and considering the state- ments made by them, gave final consideration to the proposed amendment(s) to th e budget and modifications proposed at the hearing, if any. thereupon, the following reso- lution was introduced. RESOLUTION NO. 303 -20 AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 3, 2021 (AS AMENDED LAST ON N/A.) Be it Resolved by the Council of the City of Dubuque Section 1. Following notice published 9/9/2020 and the public hearing held, 9/21/2020 the current budget (as previously amended) is amended as set out herein and in the detail by fund type and activity that supports this resolution which was considered at that hear- ing: Total Budget as certified or last amended Current Amendment Total Budget after Current Amendment Revenues & Other Financing Sources 25,460, 125 0 25,460,12 5 Taxes Levied on Property 1 Less: Uncollected Property Taxes-Levy Year 2 0 0 0 Net Current Property Taxes 3 25,460,125 0 25,460,125 Delinquent Property Taxes 4 0 0 0 TIF Revenues 5 12,012,920 0 12,012,920 Other City Taxes 6 19,082,662 0 19,082,662 Licenses & Permits 7 2,050,744 114,701 2,165,445 Use of Money and Property 8 15,630,983 0 15,630,983 Intergovernmental 9 43,327,569 61,466,155 104,793,724 Charges for Services 10 46,303,119 -235,030 46,068,089 Special Assessments 11 360,000 0 360,000 Miscellaneous 12 8,670,253 3,345,862 12,016,115 Other Financing Sources 13 15,886,613 18,675,160 34,561,773 Transfers In 14 38,532,618 4,909,751 43,442,369 Total Revenues and Other Sources 15 227,317,606 88,276,599 315,594,205 Expenditures & Other Financing Uses 30,957,805 30,957,805 853,424 853,424 31,811,229 31,811,229 Public Safety 16 30,957,805 853,424 31,811,229 Public Works 17 13,839,242 1,256,739 15,095,981 Health and Social Services 18 1,020,271 154,914 1,175,185 Culture and Recreation 19 13,212,220 955,183 14,167,403 Community and Economic Development 20 14,568,903 356,858 14,925,761 General Government 21 10,593,735 479,806 11,073,541 Debt Service 22 10,984,416 500 10,984,916 Capital Projects 23 41,074,054 46,710,092 87,784,146 Total Government Activities Expenditures 24 136,250,646 50,767,516 187,018,162 Business Type / Enterprises 25 61,896,519 30,292,228 92,188,747 Total Gov Activities & Business Expenditures 26 198,147,165 81,059,744 279,206,909 Transfers Out 27 38,532,618 4,909,751 43,442,369 Total Expenditures/Transfers Out 28 236,679,783 85,969,495 322,649,278 Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out Fiscal Year 29 -9,362,177 2,307,104 -7,055,073 Beginning Fund Balance July 1 30 68,889,139 0 68,889,139 Ending Fund Balance June 30 31 59,526,962 2,307,104 61,834,066 Passed, approved, and adopted this 21st day of September 2020. Roy D. Buol, Mayor Attest: Kevin S. 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. Staff stated that no online public input was received. ACTION ITEMS 1. Code of Ordinances Amendments - Title 14 Emergency Escape and Rescue Open- ings - Third Reading: City Manager recommending approval of amendments to the City of Dubuque Code of Ordinances - Building Code for emergency escape and rescue open- ings. 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 Inter- national 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 -1B-1 International Residential Code Adopted and 14-1B-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 Inter- national 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 Sm ith, 2490 Clarke Crest Dr.; and Jerry Maro, 10366 Timothy St., and Ms. Steger’s response to both gentlemen. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 33-20 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE A BUILDING CODE AND REGULATIONS, SECTIONS 14-1A-1 INTERNATIONAL BUILDING CODE ADOPTED AND 14-1A-2 INTERNATIONAL BUILDING CODE AMENDMENTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1A-2 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-1A-2: INTERNATIONAL BUILDING CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the international building code, 2018 edition, adopted in section 14-1A-1 of this article to read as follows: . . . . Section 1030.2 Minimum size. Amended to read: Sec. 1030.2 Minimum size. Emergency escape and rescue openings shall have a minimum net clear opening of 5.7 square feet. Exception: The minimum net clear opening for grade -floor emergency escape and rescue openings shall be 5 square feet. Exception: Replacement windows installed in buildings meeting the scope of this code shall be exempt from the minimum size requirements of this section, pro- vided that the replacement window meets the following conditions: 1. The replacement window is the manufacturer’s largest standard size win- dow that will fit within the existing frame or existing rough opening. The replace- ment window shall be of a style that provides for the greatest net clear window opening area in the existing frame or existing rough opening, but will have a minimum net clear openable width of 20 inches, a minimum net clear openable height of 24 inches, and a minimum net clear op ening of 4.0 square feet. 2. The replacement window is not part of a change of occupancy or use. . . . . Section 1030.3. Maximum height from floor. Amended to read: Sec. 1030.3. Maximum height from floor. Emergency escape and rescue openings shall have the bottom of the clear opening not greater than 44 inches (1118 mm) measured from the floor. An existing finished sill height may exceed 44 inches (1118 mm) above the floor if the following conditions are met: a. A platform capable of supporting a live load of 300 pounds shall be perma- nently affixed at the interior of the structure. This platform shall be no lower than 20 inches (508 mm) above the floor and no higher than 36 inches (914 mm) above the floor. The distance from the platform to the finished si ll height shall not exceed 36 inches (914 mm). The platform shall extend outward from the wall a minimum of 24 inches (610 mm) and shall be at least as wide as the clear openable width of the window, or another approved method/platform. b. The emergency escape or rescue window shall comply with section 1030.2. . . . . Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 21st day of September 2020. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 25th day of September 2020. /s/Kevin S. Firnstahl, City Clerk OFFICIAL PUBLICATION 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 14-1B-1 INTERNATIONAL RESIDENTIAL CODE ADOPTED AND 14-1B-2 INTERNATIONAL RESIDENTIAL CODE AMENDMENTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1B-2 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-1B-2: INTERNATIONAL RESIDENTIAL CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the international residential code, 2018 edition, adopted in section 14-1B-1 of this article to read as follows: . . . . Section 310.1. Emergency escape and rescue opening required. Amended to Read: Sec. 310.1. Emergency escape and rescue opening required. Basements, habitable attics, and every sleeping room shall have at least one (1) operable emergency escape and rescue opening. Where basements contain one or more sleeping rooms, emergency egress and rescue openings shall be required in each sleeping room. Where emergency escape and rescue openings are provided, they shall have a sill height of not more than 44 inches (1118 mm) above the floor. The net clear opening dimensions required by this section shall be obtained by the normal operation of the emergency escape and rescue opening from the inside. Emergency escape and rescue openings with a finished sill height below the adjacent ground elevation shall be provided with a window well in ac- cordance with section R310.3.2. Emergency escape and rescue openings shall open di- rectly into a public way, or to a yard or court that opens to a public way. Exceptions: 1. Basements used only to house mechanical equipment and not exceeding total floor area of 200 square feet (18.58 m2). 2. Basements without bedrooms that provide a second stairway that terminates in a room separate from the first stairway. 3. An existing finished sill height may exceed 44 inches (1118 mm) above the floor if the following conditions are met: a. A platform capable of supporting a live load of 300 pounds shall be perma- nently affixed at the interior of the structure. This platform shall be no lower than 20 inches (508 mm) above the floor and no higher than 36 inches (914 mm) above the floor. The distance from the platform to the finished sill height shall not exceed 36 inches (914 mm). The platform shall extend outward from the wall a minimum of 24 inches (610 mm) and shall be at least as wide as the clear openable width of the window, or another approved method/platform. b. The escape or rescue window shall comply with section R310.2 . c. The building is equipped with smoke alarms installed in accordance with sec- tion R314. . . . . Section 310.2.5 Replacement Windows. Amended to read: Section R310.2.5 Replacement windows. Replacement windows installed in buildings meeting the scope of this code shall be exempt from the maximum sill height requirements of Section R310.2.2 and the requirements of Section R310.2.1, provided that the replace- ment window meets the following conditions: 1. The replacement window is the manufacturer’s largest standard size window that will fit within the existing frame or existing rough opening. The replacement window shall be of a style that provides for the greatest net clear window opening area in the existing frame or existing rough opening, but will have a minimum net clear openable width of 20 inches, a minimum net clear openable height of 24 inches, and a minimum net clear opening of 4.0 square feet. 2. The replacement window is not part of a change of occupancy or use. . . . . Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 21st day of September 2020. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 25 th day of September 2020. /s/Kevin S. Firnstahl, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 35-20 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE J PROPERTY MAINTE- NANCE CODE, SECTION 14-1J-2 INTERNATIONAL PROPERTY MAINTENANCE CODE AMENDMENTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1J-2 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-1J-2: INTERNATIONAL PROPERTY MAINTENANCE CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the international property maintenance code, 2018 edition, adopted in section 14-1J-1 of this article to read as follows: . . . . Section 702.4. Emergency escape openings. Amended to read: 702.4. Emergency escape openings. Required emergency escape and rescue open- ings shall be operational from the inside of the room without the use of keys, tools , or special knowledge. Bars, grilles, grates or similar devices shall be permitted to be placed over emergency escape and rescue openings provided that the minimum net clear open- able area is met and such devices shall be releasable or removable from the inside with- out the use of a key, tool, special knowledge, or force greater than that which is required for normal operation of the escape and rescue opening. Where required, existing emergency escape and rescue openings shall have a mini- mum net clear opening of 4.0 square feet. The minimum net clear opening height dimen- sion shall not be less than 24 inches. The minimum net clear opening width shall not be less than 20 inches. The net clear opening dimensions shall be the result of normal op- eration of the opening. Exception: Window replacements permitted between April 11, 2016 and the effective date of this ordinance that serve as the required emergency escape and rescue opening will be al- lowed to remain as long as they meet the following requirements: a. Window was permitted as required by the City of Dubuque b. Window was approved as code compliant as documented by the City of Dubuque. When windows are provided as the emergency escape and rescue opening, they shall have a finished sill height not more than 44 inches above the floor. An existing finished sill height may exceed 44 inches (1118 mm) above the floor if the following conditions are met: a. A platform capable of supporting a live load of 300 pounds shall be permanently affixed at the interior of the structure. This platform shall be no lower than 20 inches (508 mm) above the floor and no higher than 36 inches (914 mm) above the floor. The distance from the platform to the finished sill height shall not exceed 36 inches (914 mm). The platform shall extend outward from the wall a minimum of 24 inches (610 mm) and shall be at least as wide as the clear openable width of the window, or another approved method/platform. b. The emergency escape or rescue window shall comply with International Resi- dential Code Section R310.2. c. The building is equipped with smoke alarms installed in accordance with Interna- tional Residential Code Section R314. . . . . Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 21st day of September 2020. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 25 th day of September 2020. /s/Kevin S. Firnstahl, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 36-20 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1K-2 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-1K-2: INTERNATIONAL EXISTING BUILDING CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the international existing building code, 2018 edition, adopted in section 14 -1K-1 of this article to read as follows: . . . . Section 505.3 Replacement window emergency escape and rescue opening. Amended to read: Section 505.3 Replacement window emergency escape and rescue opening. Where windows are required to provide emergency escape and rescue openings in Group R-2 and R-3 occupancies and one- and two-family dwellings and townhouses regulated by the International Residential Code, replacement windows shall be exempt from the requirements of Sections 1030.2, 1030.3 and 1030.4 of the International Building Code and Sections R310.2.1, R310.2.2 and R310.2.3 of the International Res- idential Code, provided that the replacement window meets the following conditions: 1. The replacement window is the manufacturer’s largest standard size window that will fit within the existing frame or existing rough opening. The re placement window shall be of a style that provides for the greatest net clear window opening area in the existing frame or existing rough opening, but will have a minimum net clear openable width of 20 inches, a minimum net clear openable height of 24 inches, and a minimum net clear opening of 4.0 square feet. 2. The replacement of the window is not part of a change in occupancy or use. . . . . Section 505.4 Emergency escape and rescue openings. Amended to read: Section 505.4 Emergency escape and rescue openings. Emergency escape and rescue openings shall be operational from the inside of the room without the use of keys, tools, or special knowledge. Bars, grilles, grates or similar devices shall be permitted to be placed over emergency escape and rescue openings provided that the minimum net clear openable area is met and such devices shall be releasable or removable from the inside without the use of a key, tool, special knowledge, or force greater than that which is required for normal operation of the escape and rescue opening. Where required, existing emergency escape and rescue openings shall have a min- imum net clear opening of 4.0 square feet. The minimum net clear opening height di- mension shall not be less than 24 inches. The minimum net cle ar opening width shall not be less than 20 inches. The net clear opening dimensions shall be the result of normal operation of the opening. Exception: Window replacements permitted between April 11, 2016 and the effective date of this ordinance that serve as the required emergency escape and rescue opening will be allowed to remain as long as they meet the following requirements: a. Window was permitted as required by the City of Dubuque b. Window was approved as code compliant as documented by the City of Dubu- que. When windows are provided as the emergency escape and rescue opening, they shall have a finished sill height not more than 44 inches above the floor. An existing finished sill height may exceed 44 inches (1118 mm) above the floor if the following conditions are met: a. A platform capable of supporting a live load of 300 pounds shall be perma- nently affixed at the interior of the structure. This platform shall be no lower than 20 inches (508 mm) above the floor and no higher than 36 inches (914 mm) above the floor. The distance from the platform to the finished sill height shall not exceed 36 inches (914 mm). The platform shall extend outward from the wall a minimum of 24 inches (610 mm) and shall be at least as wide as the clear open- able width of the window, or another approved method/platform. b. The emergency escape or rescue window shall comply with International Residential Code Section R310.2. c. The building is equipped with smoke alarms installed in accordance with International Residential Code Section R314. Smoke alarms shall be installed in accordance with Section 907.2.10 of the In- ternational Building Code regardless of the valuation of the alteration . . . . Section 702.5 Replacement window emergency escape and rescue opening. Amended to read: Section 702.5 Replacement window emergency escape and rescue opening. Where windows are required to provide emergency escape and rescue openings in Group R-2 and R-3 occupancies and one- and two-family dwellings and town- houses regulated by the International Residential Code, replacement windows shall be exempt from the requirements of Sections 1030.2, 1030.3 and 1030.4 of the In- ternational Building Code and Sections R310.2.1, R310.2.2 and R310.2.3 of the International Residential Code, provided that the replacement window meets the following conditions: 1. The replacement window is the manufacturer’s largest standard size win- dow that will fit within the existing frame or existing rough opening. The replace- ment window shall be of a style that provides for the greatest net clear window opening area in the existing frame or existing rough opening, but will have a min- imum net clear openable width of 20 inches, a minimum net clear openable height of 24 inches, and a minimum net clear opening of 4.0 square feet. 2. The replacement of the window is not part of a change in occupancy or use. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 21st day of September 2020. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 25 th day of September 2020. /s/Kevin S. Firnstahl, City Clerk 2. Proposed Amendment to City Ordinance for Emergency Escape & Rescue Open- ings - Fire Code Update: City Manager recommending that City Council pass the pro- posed 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 14-1E-1 Interna- tional Fire Code Adopted and 14-1E-2 International Fire Code Amendments. Seconded by Jones. Motion carried 7-0. OFFICIAL PUBLICATION 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 REG- ULATIONS, SECTION 14-1E-1 INTERNATIONAL FIRE CODE ADOPTED AND 14-1E- 2 INTERNATIONAL FIRE CODE AMENDMENTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1E-2 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-1E-2: INTERNATIONAL FIRE CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the international fire code, 2018 edition, adopted in section 14-1E-1 of this article to read as follows: Section 1030.2 Minimum size. Amended to read: Sec. 1030.2 Minimum size. Emergency escape and rescue openings shall have a minimum net clear opening of 5.7 square feet. Exception: The minimum net clear opening for grade -floor emergency escape and rescue openings shall be 5 square feet. Exception: Replacement windows installed in buildings meeting the scope of this code shall be exempt from the minimum size requirements of this section, provided that the replacement window meets the following conditions: 1. The replacement window is the manufacturer’s largest standard size window that will fit within the existing frame or existing rough opening. The replacement window shall be of a style that provides for the greatest net clear window opening area in the existing frame or existing rough opening, but will have a minimum net clear openable width of 20 inches, a minimum net clear openable height of 24 inches, and a minimum net clear opening of 4.0 square feet. 2. Window replacements permitted between April 11, 2016 and the effective date of this ordinance that serve as the required emergency escape and rescue opening will be allowed to remain as long as they meet the following requirements: a. Window was permitted as required by the City of Dubuque b. Window was approved as code compliant as documented by the City of Dubu- que. 3. The replacement window is not part of a change of occupancy or use. . . . . Section 1030.3. Maximum height from floor. Amended to read: Sec. 1030.3. Maximum height from floor. Emergency escape and rescue openings shall have the bottom of the clear opening not greater than 44 inches (1118 mm) measured from the floor. An existing finished sill height may exceed 44 inches (1118 mm) above the floor if the following conditions are met: a. A platform capable of supporting a live load of 300 pounds shall be permanently affixed at the interior of the structure. This platform shall be no lower than 20 inches (508 mm) above the floor and no higher than 36 inches (914 mm) above the floor. The distance from the platform to the finished sill height shall not exceed 36 inches (914 mm). The platform shall extend outward from the wall a minimum of 24 inches (610 mm) and shall be at least as wide as the clear openable width of the window, or another approved method/platform. b. The emergency escape or rescue window shall comply with section 1030.2. . . . . Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 21st day of September 2020. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 25 th day of September 2020. /s/Kevin S. Firnstahl, City Clerk 3. Five Flags Parking Ramp Proposed Temporary Monthly Fee Adjustment: City Man- ager 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 agree- ments and the impact of the COVID-19 pandemic on businesses. Motion carried 7-0. RESOLUTION NO. 304-20 AUTHORIZING THE CITY MANAGER TO ADJUST THE FEES AND CHARGES FOR THE PARKING OF MOTOR VEHICLES IN MUNICIPAL PARKING RAMPS Whereas, the City Code of Ordinances Section 9-14-321.640 authorizes the city man- ager, with the approval of the city council, to fix and establish the fees and charges for the parking of motor vehicles in municipal parking ramps; and Whereas, the parking division and city manager are recommending an adjustment to the fees and charges for parking motor vehicles in the Five Flags Parking Ramp; and Whereas, the adjustment of fees and charges by the city manager requires city council approval; and Whereas, the parking division and city manager recommend the fees and charges for the Five Flags Parking Ramp be adjusted from $50.00 to $38.00 encourage downtown business employees to utilize this ramp. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Council hereby authorizes and directs the City Manager to adjust the fees and charges for parking in the Five Flags Parking Ramp to reduce the monthly parking fee from $50.00 to $38.00 through December 2022. Passed, approved, and adopted this 21st day of September 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 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 ses- sion 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 sched- ule conflicts were expressed. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Roussell reported on the success of the Iowa League of Cities’ annual conference conducted virtually, and on attending the Presentation Lantern Center’s webi- nar related to helping immigrants throughout the County. Council Member Cavanagh echoed Ms. Roussell’s comments and added that ILC con- ference presenter from Storm Lake, Iowa, 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