12 21 20 City Council Agenda - Special and RegularROLL CALL ORDER FOR MEETING OF
December 21, 2020
Cavanagh, Resnick, Jones, Roussel!, Lynch, Buol, Sprank
This meeting will be conducted as a virtual meeting.
Due to social distancing guidelines related to the COVID-19 pandemic, City Council members
and City staff will participate by webinar and will not meet in person. The virtual meeting will
be aired live on CityChannel Dubuque (Mediacom cable channels 8 and 117.2), streamed live
and archived on the city's website at www.cityofdubuque.org/media, and streamed live on the
City's Facebook page at www.facebook.com/cityofdubuque.
The public can provide audio and written input during sections of the agenda where public
input is accepted as well as before and after the meeting. Input options during the live meeting
include:
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phone lines will be unmuted during the Consent Agenda, Public Hearings, and Public
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Additionally, written public input can be accepted prior to or during the meeting by:
• Contacting the City Council directly from the City's webpage at
www.cityofdubuque.org/councilcontacts
• Through the City Clerk's Office email at ctyclerk@cityofdubuque.org
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
This meeting will be conducted virtually.
Please see the information above for viewing,
listening, and public input options.
December 21, 2020
Council meetings are video streamed live and archived at www.cityofdubuque.org/media and
on Dubuque's CityChannel on the Mediacom cable system at cable channel 8 and digital 117.2
WORK SESSION
1. 5:30 PM - Building Services Department Organization and Changes
Assistant City Manager/Acting Building Services Manager Cori Burbach and Housing &
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Community Development Director Alexis Steger will make a presentation describing service
enhancements coming to those departments to improve the customer experience and the
maintenance of City facilities.
REGULAR SESSION
6:30 PM
PLEDGE OF ALLEGIANCE
PRESENTATION(S)
1. COVID-19 Update
Mary Rose Corrigan, Public Health Specialist for the City of Dubuque, will provide an update
on the COVID-19 pandemic and response activities.
PROCLAMATION(S)
1. Dubuque Arboretum and Botanical Gardens 40th Anniversary Proclamation
On behalf of the Dubuque Arboretum and Botanical Gardens Board of Directors
2. Jack Frick and Wylie Bledsoe Day
On behalf of the Dubuque Arboretum and Botanical Gardens Board of Directors
CONSENT ITEMS
The consent agenda items are considered to be routine and non -controversial and all consent items
will be normally voted upon in a single motion without any separate discussion on a particular item. If
you would like to discuss one of the Consent Items, please go to the microphone and be recognized
by the Mayor and state the item you would like removed from the Consent Agenda for separate
discussion and consideration.
1. Minutes and Reports Submitted
City Council Proceedings of 12/7, 12/11; Civil Service Commission of 11/9 and 12/10; Historic
Preservation of 11/19; Proof of Publication for City Council Proceedings of 11/16, 11/23.
Suggested Disposition: Receive and File
2. Notice of Claims and Suits
Michael Dressler for property damage; Optum on behalf of its Client, Auto Owners Ins. Co./ Jo Witterholt
Weigel, for property damage; Amy Ressler for property damage.
Suggested Disposition: Receive and File; Refer to 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 Assurance Pool: Michael Dressler for property damage; Optum on
behalf of its Client, Auto Owners Ins Company / Jo Witterholt Weigel, for property damage; Amy Ressler
for property damage.
Suggested Disposition: Receive and File; Concur
4. Approval of City Expenditures
City Manager recommending City Council approval for payment of City expenditures.
RESOLUTION 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
Suggested Disposition: Receive and File; Adopt Resolution(s)
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5. Demolition of Historic Structure at 574 Loras Boulevard
City Manager recommending approval of the demolition of 574 Loras Boulevard as recommended by the
Housing & Community Development Department and the Historic Preservation Commission due to the
significant deterioration that no longer makes this a viable structure.
RESOLUTION Approving the demolition of historic and City owned property at 574 Loras Boulevard due
to deterioration beyond repair
Suggested Disposition: Receive and File; Adopt Resolution(s)
6. Resolution Approving the Second Amendment to Development Agreement by and among
the City of Dubuque, Roshek Property, LLC, Cottingham & Butler, Inc., and Heartland
Financial USA, Inc.
City Manager recommending approval of a Second Amendment to Development Agreement by and among
the City of Dubuque, Roshek Property, LLC, Cottingham & Butler, Inc., and Heartland Financial USA,
Inc.
RESOLUTION Approving the Second Amendment to Development Agreement by and among the City of
Dubuque, Roshek Property, LLC, Cottingham & Butler, Inc. and Heartland Financial USA, Inc.
Suggested Disposition: Receive and File; Adopt Resolution(s)
7. 39 Bluff Street: Downtown Rehabilitation Loan Disbursement
City Manager recommending adoption of a resolution approving a $300,000 Downtown Rehabilitation
Loan Agreement between the City of Dubuque and Franklin Investments, LLC for residential
improvements made at 39 Bluff Street.
RESOLUTION Approving a Downtown Rehabilitation Loan Agreement between the City of Dubuque,
Iowa and Franklin Investments, LLC for the redevelopment of 39 Bluff Street
Suggested Disposition: Receive and File; Adopt Resolution(s)
8. Mediacom Communications Corporation - Arts & Culture Grant Program Notice of
Conclusion
Correspondence from Lee Grassley, Senior Manager of Government Relations for Mediacom
Communications Corporation, informing the City of the dissolution of the Mediacom Charitable Foundation
Advisory Committee due to the conclusion of the 15-year commitment to fund the Dubuque Arts & Cultural
Foundation grants program.
Suggested Disposition: Receive and File
9. Termination of Grant Agreement between City of Dubuque and Tim Specht for the
rehabilitation of 1555 Central Avenue
City Manager recommending approval of a resolution authorizing a Termination Agreement between the
City of Dubuque, Iowa, and Tim Specht for the rehabilitation of 1555 Central Avenue.
RESOLUTION Approving the Termination Agreement and Release terminating the Grant Agreement by
and between the City of Dubuque, Iowa and Tim Specht
Suggested Disposition: Receive and File; Adopt Resolution(s)
10. Memo Recording Award of Asbury Road Fiber Optic Collaboration Project Phase I
City Manager recommending that the award for the Asbury Road Fiber Optic Collaboration Project Phase
I be officially recorded in the minutes of the City Council.
Suggested Disposition: Receive and File; Make Matter of Record
11. Tree City USAApplication for Re -Certification
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City Manager recommending approval to submit an annual application for Dubuque to become recertified
as a Tree City USA.
Suggested Disposition: Receive and File; Approve
12. Eagle Point Park Environmental Restoration Project Phase 2 Bioretention Basin
Construction, Tree Removal, and Native Vegetation Establishment Project Acceptance
City Manager recommending acceptance of the Eagle Point Park Environmental Restoration Project
Phase 2 Bioretention Basin Construction, Tree Removal, and Native Vegetation Establishment Project, as
completed by Mainline Excavation Co., in the final contract amount of $272,076.75.
RESOLUTION Accepting the Eagle Point Park Environmental Restoration Project: Phase II Bioretention
Basin Construction, Tree Removal, and Native Vegetation Establishment Project and authorizing the
payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
13. Acceptance of Grant of Easement for Storm Sewer and Storm Water Drainage across
Walter Development, LLC Property off of Chavenelle Road in Dubuque
City Manager recommending acceptance of a Grant of Easement for storm sewer and storm water
drainage from Walter Development, LLC for recently constructed public drainage improvements across
Part of Lot 1 of McFadden Farm Place No. 6 in the City of Dubuque, Iowa.
RESOLUTION Accepting a Grant of Easement for storm sewer and storm water drainage through, under
and across part of Lot 1 Of McFadden Farm Place No. 6, in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
14. Civil Service Commission - Certified Lists
Civil Service Commission submitting the Certified List for the positions of Firefighter/Paramedic and
Police Lieutenant.
Suggested Disposition: Receive and File; Make Matter of Record
15. Sustainable Dubuque Community Grant Program Application Update
City Manager recommending approval of changes to the guidelines and application process for
Sustainable Dubuque Community Grants program, to be effective for the March 15, 2021 deadline.
Suggested Disposition: Receive and File; Approve
16. Iowa Department of Transportation Agreement for an Iowa's Clean Air Attainment
Program and Surface Transportation Block Grant Federal -Aid Swap Project
City Manager recommending approval for the Mayor to execute an Iowa Department of Transportation
Funding Agreement for Iowa's Clean Air Attainment Program (ICAAP) and Surface Transportation Block
Grant (STBG) Federal -aid Swap Project for Phase 1 of the Dubuque STREETS (Smart Traffic Routing
with Efficient and Effective Traffic System) project.
RESOLUTION Approving the Funding Agreement (Agreement No. 2020-ICAAP-03) with the Iowa
Department of Transportation for an Iowa's Clean Air Attainment Program (ICAAP) and Surface
Transportation Block Grant (STBG) Federal -aid Swap Project as part of Phase I of the Smart Traffic
Routing with Efficient and Effective Traffic Signals (STREETS)
Suggested Disposition: Receive and File; Adopt Resolution(s)
17. Iowa Department of Transportation Federal -Aid Agreement for an Accelerated Innovation
Deployment Demonstration Project
City Manager recommending approval of a resolution authorizing the Mayor to execute an Iowa
Department of Transportation Federal -Aid Agreement for an Accelerated Innovation Deployment
Demonstration Project for Phase 1 of the Dubuque STREETS (Smart Traffic Routing with Efficient and
Effective Traffic System) project.
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RESOLUTION Approving the Iowa Department of Transportation Federal -Aid Funding Agreement
(Agreement No. 2020-EDP-01) for an Accelerated Innovation Deployment (AID) Demonstration Project
as part of Phase I of the Smart Traffic Routing with Efficient and Effective Traffic Signals (STREETS)
Suggested Disposition: Receive and File; Adopt Resolution(s)
18. Amending Resolutions to add Transition of City Share of Property Taxes
City Manager recommending approval for amending Resolution Nos. 4-14, 132-17, 210-19 and 239-20
that approved pre -annexation agreements, to add transition of the City share of property taxes.
RESOLUTION Amending Resolution No. 4-14 Approving an application for Voluntary Annexation of
Territory to the City of Dubuque, Iowa by adding transition of City share of property taxes
RESOLUTION Amending Resolution No. 132-17 Approving an application for Voluntary Annexation of
Territory to the City of Dubuque, Iowa by adding transition of City share of property taxes
RESOLUTION Amending Resolution No. 210-19 Approving an application for Voluntary Annexation of
Territory to the City of Dubuque, Iowa by adding transition of City share of property taxes
RESOLUTION Amending Resolution No. 239-20 Approving an application for Voluntary Annexation of
Territory to the City of Dubuque, Iowa by adding transition of City share of property taxes
Suggested Disposition: Receive and File; Adopt Resolution(s)
19. National League of Cities Leadership in Community Resilience Grant Application Letter
of Support
City Manager recommending approval for Mayor Buol to sign a letter of support to the National League of
Cities Leadership in Community Resilience grant program.
Suggested Disposition: Receive and File; Approve
20. Volunteer Generation Fund Grant Application and Grant Agreement
City Manager recommending approval of the grant application for the Volunteer Generation Fund through
the Iowa Commission on Volunteer Service and approval of the grant agreement for the award of the
Volunteer Generation Fund grant to the City of Dubuque.
Suggested Disposition: Receive and File; Approve
21. Iowa Economic Development Authority Agreement to Spend Community Development
Block Grant COVID-19 (CDBG-CV) Funds
City Manager recommending approval of an agreement with the Iowa Economic Development Authority to
receive, administer and disburse to the community CDBG-CV funding in the amount of $521,469.
RESOLUTION Approving an agreement between the City of Dubuque and the Iowa Economic
Development Authority to receive, administer and disburse Community Development Block Grant COVID-
19 (CDBG-CV) funding
Suggested Disposition: Receive and File; Adopt Resolution(s)
22. Proposed amendments to Master Co -location and Shared Services Agreement between
the City of Dubuque and Unite Private Network
City Manager recommending approval of an amendment to an existing Master Agreement and Project
Statement in place between the City of Dubuque and Unite Private Network.
Suggested Disposition: Receive and File; Approve
23. Problem Property Assessment
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City Manager recommending adoption of a resolution authorizing the City to certify problem property
charges to the Dubuque County Treasurer in order to establish real property liens for collection of such
charges.
RESOLUTION Authorizing the City to collect delinquent problem property charges in accordance with
14-1J1 International Property Maintenance Code Section 106.5 and/or Section 109.5 Code of
Ordinances of the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
24. Liquor License Renewals
City Manager recommending approval of annual beer, liquor, and wine licenses as submitted.
RESOLUTION Approving applications for beer, liquor, and/or wine permits, as required by City of
Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article
B Liquor, Beer and Wine Licenses and Permits
Suggested Disposition: Receive and File; Adopt Resolution(s)
ITEMS SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date indicated.
1. Asbury Road Fiber Optic Collaboration — Phase 2 Project
City Manager recommending initiation of the public bidding procedure for the Asbury Road
Fiber Optic Collaboration — Phase 2 Project and further recommends that a public hearing be
set for January 4, 2021.
RESOLUTION Asbury Road Fiber Optic Collaboration — Phase 2 Project: 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
Suggested Disposition:
Receive and File; Adopt Resolution(s), Set Public Hearing for January 4, 2021
2. North Grandview Estates Housing TIF
City Manager recommending approval of a Resolution of Necessity that finds that an Urban
Renewal Plan for the North Grandview Estates Housing Urban Renewal Area is both necessary
and appropriate and sets a public hearing on the proposed plan for February 1, 2021.
RESOLUTION Resolution of Necessity finding that certain property in and near North
Grandview Estates Subdivision is an economic development area and that the development of
said area is necessary in the interest of the residents of the City of Dubuque, Iowa, and setting
a date for hearing on a proposed Urban Renewal Plan for said district
Suggested Disposition:
Receive and File; Adopt Resolution(s), Set Public Hearing for February 1, 2021
BOARDS/COMMISSIONS
I. Boards and Commission Applicant Review
Applicants are invited to address the City Council regarding their desire to serve on the
following Boards/Commissions.
Human Rights Commission
One, 3-Year term through January 1, 2024 (Expiring term of McCarthy)
Applicant:
Kathy McCarthy, 3491 Waller St.
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This commission is subject to the State of Iowa Gender Balance Law.
9 Commissioners total; currently 4 males/2 females/3 openings
2. Boards and Commission Appointments
Appointments to the following commissions to be made at this meeting.
Community Development Advisory Commission
One, 3-Year term through February 15, 2022 (Expired term of Lenhart)
Applicant:
Janice Craddieth, 2320 White St.
Historic Preservation Commission
One, 3-Year term through July 1, 2023 (Vacant Langworthy District term of Klavitter) One, 3-
Year term through July 1, 2021 (At -Large term of Cassill)
Applicants:
Melissa Daykin-Cassill, 1148 Langworthy St. (Qualifies for Langworthy District)
David Klavitter, 1090 West 3rd St. (Qualifies for At -Large) *
This commission is subject to the State of Iowa Gender Balance Law.
9 Commissioners total; currently 5 males/2 females/2 openings
*Application was held for 90 days while female applicants were sought in adherence with
Iowa Code 69.16A Gender Balance.
PUBLIC HEARINGS
Citizens are invited to address the City Council regarding the following agenda items. Please
come to the podium and state your name and address when the item you wish to speak to is
being considered.
1. Proposed Resolution of Issues with 40 Main, LLC, 44 Main, LLC and 210 Jones, LLC
Proof of publication on notice of public hearing to consider approval on the 40 Main, LLC
Subordination Agreement, included in the following recommendations regarding Development
Agreements with 40 Main, LLC, 44 Main, LLC and 210 Jones, LLC, and Senior Counsel
recommending approval:
1. Adoption of the resolution approving the Second Amendment to 210 Jones, LLC
Development Agreement.
2. Adoption of the resolution approving the Quit Claim Deed to 40 Main, LLC subject to receipt
of $157,583.00 for the Real Estate Contract.
3. Receive and file the Release and Waiver of all undisbursed grants and loans under the
Development Agreements for 40 Main, LLC and 44 Main, LLC.
4. Adoption of the resolution approving Subordination of Mortgage for 40 Main, LLC.
RESOLUTION Approving the Second Amendment to Development Agreement between the
City of Dubuque, Iowa and 210 Jones, LLC
RESOLUTION Approving the Quit Claim Deed from the City of Dubuque to 40 Main, LLC
RESOLUTION Approving a Subordination of Mortgage Subordinating a Second Mortgage
and Security Agreement, granted by City to 40 Main, LLC, to a Mortgage granted by 40 Main,
LLC to MidWestOne Bank
Suggested Disposition: Receive and File; Adopt Resolution(s)
PUBLIC INPUT
At this time, anyone in the Council Chambers may address the City Council on the Action Items on
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the agenda or on matters under the control of the City Council. Citizens are asked to approach the
podium and state their name and address before proceeding with their comments. Individual remarks
are limited to five minutes, and the overall Public Input period is limited to 30 minutes. Under the Iowa
Open Meetings Law, the City Council can take no formal action on comments given during Public
Input which do not relate to Action Items on the Agenda.
ACTION ITEMS
These are items where discussion is held by the City Council - public comments are not
allowed except as authorized by the Mayor.
1. Submission of Electrification + Renewable Energy Feasibility Study, Request for Policy
Change and Recommendation for Budgetary Action
City Manager transmitting the City of Dubuque Fleet Electrification Feasibility Study and
recommending the following City Council actions:
• That the City's Vehicle Procurement Process be updated to incorporate the value of carbon
emission reductions in the TCO (Total Cost of Ownership) calculations.
• Consider further the implementation of a "cost of carbon" more generally within the operations
of the City, in order to achieve the priority of a 50% reduction of the City's carbon footprint by
2030.
Suggested Disposition: Receive and File; Approve
2. Stormwater Illicit Discharge Ordinance Amendments
City Manager recommending approval to modify Section 13-5 of the Code of Ordinances, the
City's Illicit Discharge Ordinance, in order to comply with the City's National Pollution
Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4)
Permit.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 13 Public Utilities,
Chapter 5 Illicit Connections and Discharges to Storm Sewer System, Sections 13-5-1
Definitions and 13-5-6 Discharge Prohibitions
Suggested Disposition: Receive and File; Motion B; Motion A
3. Memorandum of Understanding for Recreational Programming between City of Dubuque
Leisure Services & City of Asbury
City Manager recommending approval of a Memorandum of Understanding for summer
recreational programming to be provided by the City of Dubuque Leisure Services Department
to the City of Asbury.
Suggested Disposition: Receive and File; Approve
4. Submission of Fire Department Community Risk Assessment and Standards of Cover
Document
City Manager submitting the Community Risk Assessment and Standards of Cover Document
for the Fire Department.
Suggested Disposition: Receive and File
5. Video Highlighting New Gillig Buses
Media Services Division will show a video highlighting four new Gillig Heavy Duty fixed route
buses purchased by Transportation Services using Federal Grant and local match funds.
Video: https://youtu.be/sjgvR8ygxJU
Suggested Disposition:
Receive and File; Video Presentation
6. Request for Work Session - Equitable Poverty Prevention Plan
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City Manager requesting that the City Council schedule a Work Session for January 11, 2021
at 6:30 p.m. on the Equitable Poverty Prevention Plan Presentation.
Suggested Disposition: Receive and File; Council
7. Request for Work Sessions - COVID-19 Update
City Manager requesting that the City Council schedule work sessions for February 15,
2021 at 5:00 p.m. and April 5, 2021 at 5:30 p.m. to receive updates on COVID-19
response.
Suggested Disposition: Receive and File; Council
COUNCIL MEMBER REPORTS
CLOSED SESSION
Purchase or Sale of Real Estate - Chapter 21.5(1)(j) Code of Iowa
ADJOURNMENT
The agenda with supporting documents may be accessed at wwwcityofdubuque.org or at the City
Clerk's Office, 50 W. 13th Street, during regular business hours.
This notice is given pursuant to Chapter 21, Code of Iowa, and applicable local regulations of the City
of Dubuque, Iowa and/or governmental body holding the meeting.
Written comments regarding the above items may be submitted to the City Clerk's Office, 50 W. 13th
St., Dubuque, IA 52001, before or at said time of meeting.
Individuals with limited English proficiency, vision, hearing or speech impairments or requiring special
assistance should contact the City Clerk's Office at (563) 589-4100, TDD/TTY (563) 690-6678,
ctyclerk@cityofdubuque.org as soon as feasible. Deaf or hard -of -hearing individuals can use Relay
Iowa by dialing 711 or (800) 735-2942.
/s/Adrienne N. Breitfelder
City Clerk
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