1 4 21 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in a special session at 5:30 p.m. on January 4, 2021.
Due to the COVID-19 pandemic and mandates for social distancing, this meeting was
conducted virtually via GoToMeeting and aired live on CityChannel Dubuque (Mediacom
cable channels 8 and 117.2), streamed live on the City's website at
www.cityofdubuque.org/media, and streamed live on the City's Facebook page at
www.facebook.com/cityofdubuque.
Present: Mayor Buol; Council Members Cavanagh, Jones, Lynch, Resnick, Roussell,
Sprank; City Manager Van Milligen, City Attorney Brumwell.
Mayor Buol read the call and stated this is a special session of the City Council called
for the purpose of conducting a work session on the COVID-19 Pandemic Monthly
Update.
WORK SESSION
COVID-19 PANDEMIC MONTHLY UPDATE
City staff and network partners provided updates on the internal and community -facing
responses to the COVID-19 pandemic.
• Community COVID-19 Update & Response: Mary Rose Corrigan, Public Health
Specialist, and Alexis Steger, Housing & Community Development Director
• Community Foundation of Greater Dubuque Update: Jenna Manders, Director of
Strategic Relations
• Greater Dubuque Development Corporation: Rick Dickinson, President/CEO
The presenters responded to questions from the City Council following their
presentations.
There being no further business, Mayor Buol declared the meeting adjourned at 6:18
p.m.
/s/Adrienne N. Breitfelder, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in a regular session at 6:30 p.m. on January 4, 2021.
Due to the COVID-19 pandemic and mandates for social distancing, this meeting was
conducted virtually via GoToMeeting and aired live on CityChannel Dubuque (Mediacom
cable channels 8 and 117.2), streamed live on the City's website at
www.cityofdubuque.org/media, and streamed live on the City's Facebook page at
www.facebook.com/cityofdubuque.
Present: Mayor Buol; Council Members Cavanagh, Jones, Lynch, Resnick, Roussell,
Sprank; City Manager Van Milligen, City Attorney Brumwell.
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
1. Human Slavery and Human Trafficking Prevention Month (January 2021) was
accepted by Sr. Mary Lechtenberg, OSF and Sr. Marilou Irons, PVBM, of the Tri-State
Coalition against Human Trafficking.
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Jones. Staff stated that no public input was
received regarding the Consent Items. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council Proceedings of 12/17, 12/21;
Community Development Advisory Commission of 12/16; Library Board of Trustees of
12/17. Upon motion, the documents were received and filed.
2. Notice of Claims and Suits: Shelley Atchison for personal injury; John Davis for
vehicle damage; Keith Dolan Jr. for vehicle damage; Jeffrey Last for personal injury;
Kevin and Sue Leute for property damage. Upon motion, the documents were received,
filed, and referred to the City Attorney.
3. Disposition of Claims: City Attorney advising that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities
Assurance Pool: Shelley Atchison for personal injury; John Davis for vehicle damage;
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Keith Dolan Jr. for vehicle damage; Jeffrey Last for personal injury; Kevin and Sue Leute
for property damage. Upon motion, the documents were received, filed, and concurred.
4. Approval of City Expenditures: City Manager recommended City Council approval
for payment of City expenditures. Upon motion, the documents were received and filed,
and Resolution No. 1- 21 Authorizing the Director of Finance and Budget/City Treasurer
to make certain payments of bills that must be paid and approved for payment in
accordance with City procedures was adopted.
RESOLUTION NO. 1-21
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
attached hereto, and by this reference made a part hereof, to be drawn to pay for goods
and services provided for City purposes; and
Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142-
18 adopted May 7, 2018, authorized the Finance Director -City Treasurer to issue checks
in payment of certain expenditures known as Exception Expenditures prior to City Council
approval and such list is attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Finance Director -City Treasurer is hereby authorized to issue payment
for goods and services provided for City purposes in response to the purchase orders
and contracts issued in compliance with state and municipal code requirements as
requested by designated requisitioning authorities in accordance with approved budget
appropriations.
Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance
Director are hereby authorized and directed to provide the statement of receipts and
disbursements to the City Council, and to publish a summary thereof.
Passed, approved, and adopted this 4th day of January, 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
5. Second Amendment to Grant Agreement between the City of Dubuque and
Montana House, LLC to redevelop the property at 245 West 1 st Street: City Manager
recommended approval of a Second Amendment to Grant Agreement between the City
of Dubuque and Montana House, LLC for the rehabilitation of 245 West 1 st Street to
provide an additional $5,000 in grant funding. Upon motion, the documents were
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received and filed, and Resolution No. 2-21 Approving the Second Amendment to Grant
Agreement between the City of Dubuque, Iowa, and Montana House, LLC was adopted.
RESOLUTION NO. 2-21
APPROVING THE SECOND 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)
previously entered into a Grant Agreement dated April 20, 2020 for the redevelopment of
245 W 1 st Street in the City of Dubuque, Iowa (the Project); and
WHEREAS, City and Grant Recipient agreed to and the City Council approved a First
Amendment to the Grant Agreement by Resolution 292A-20 dated September 21, 2020;
and
WHEREAS, City and Grant Recipient desire to further amend the Grant Agreement as
set forth in the attached Second Amendment to Grant Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Second Amendment to Grant Agreement between the City of
Dubuque, Iowa and Montana House, LLC, a copy of which is attached hereto, is hereby
approved.
Section 2. That the Mayor is hereby authorized and directed to execute the First
Amendment 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. That the City Manager is authorized to take such actions as are necessary
to comply with the terms of the Second Amendment to Grant Agreement as herein
approved.
Passed, approved and adopted this 4t" day of January, 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
6. Acceptance of Subdivision Improvements in Sky Blue Estates #2 Subdivision: City
Manager recommended acceptance of the public improvements that the developer,
E.K.M. LLC, has recently completed in Sky Blue Estates #2 Subdivision, except for
stormwater detention facilities. Upon motion, the documents were received and filed,
and Resolution No. 3-21 Accepting public improvements in Sky Blue Estates #2
Subdivision, in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 3-21
ACCEPTING PUBLIC IMPROVEMENTS IN SKY BLUE ESTATES #2 SUBDIVISION,
IN THE CITY OF DUBUQUE, IOWA
Whereas, pursuant to Resolution 61-18, certain public improvements including street
paving with curb, sanitary sewer main, water main, storm sewers and catch basins, street
lighting, fiber optic conduit, and storm water detention facilities were installed by the
developer of Sky Blue Estates #2 Subdivision in the City of Dubuque, Iowa; and
Whereas, the improvements, except for storm water detention facilities, have been
completed and the City Manager has examined the work and has filed a certificate stating
that the same has been completed in accordance with the plans approved by the City
Council and in conformance with City specifications, and has recommended that the
improvements be accepted by the City Council.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the City Manager be approved and that said
public improvements in Sky Blue Estates #2 Subdivision, except for storm water detention
facilities, be and the same is hereby accepted.
Section 2. That a maintenance guarantee covering said public improvements shall be
provided by the owners, E.K.M. LLC, for a period of two (2) years from the date of this
resolution.
Passed, approved and adopted this 41" day of January, 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
7. Approval of Plat of Survey of Lot 5A in Dubuque Industrial Center South First
Addition, in the City of Dubuque, Iowa for Vacating Petition (Simmons Pet Food Inc.
Development Agreement): City Manager recommended approval of the Plat of Survey
of Lot 5A of Dubuque Industrial Center South First Addition, in the City of Dubuque,
Iowa. Upon motion the documents were received and filed, and Resolution No. 4-21
Resolution approving Plat of proposed vacated portion of Flexsteel Way, in the City of
Dubuque, Iowa, to be known as Lot 5A of Dubuque Industrial Center South First
Addition, in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 4-21
RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF
FLEXSTEEL WAY, IN THE CITY OF DUBUQUE, IOWA, TO BE KNOWN AS LOT 5A
OF DUBUQUE INDUSTRIAL CENTER SOUTH FIRST ADDITION, IN THE CITY OF
DUBUQUE, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa,
a plat dated December 22, 2020 prepared by the City of Dubuque Engineering
Department, showing the proposed vacated area of Flexsteel Way between Lots 4 and 5
of Dubuque Industrial Center South First Addition, in the City of Dubuque, Iowa and
assigned a lot number thereto, to be known as Lot 5A of Dubuque Industrial Center South
First Addition, in the City of Dubuque, Iowa; and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated December 22, 2020 prepared by the City of Dubuque
Engineering Department, relative to the real estate hereinabove described be and the
same is hereby approved, and the Mayor and City Clerk be and they are hereby
authorized and directed to execute said plat for and on behalf of the City of Dubuque,
Iowa.
Section 2. The City of Dubuque reserves a public utility easement, a pedestrian
bike/hike trail access easement, and an ingress/egress easement for emergency vehicles
and city maintenance vehicles over the entirety of said Lot 5A.
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Section 3. That the City Clerk be and is hereby authorized and directed to file said plat
and certified copy of this resolution in the office of the Recorder in and for Dubuque
County, Iowa.
Passed, approved and adopted this 4t" day of January, 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
8. Signed Contract(s): Iowa Economic Development Authority AmeriCorps Partners in
Learning CARES Recovery Fund Grant Agreement. Upon motion the documents were
received and filed.
9. National League of Cities Leadership in Community Resilience Grant Application:
City Manager recommended approval of a $10,000 grant application and funding request
to the National League of Cities Leadership in Community Resilience grant program.
Upon motion, the documents were received, filed, and approved.
10. Letter of Support for Phase 1-B Vaccination of Iowa Drinking Water and
Wastewater Utility Workers: City Manager provided a copy of a letter of support on behalf
of the City of Dubuque to Kelly Garcia, Iowa Department of Public Health Interim Director,
regarding the City's support of recommendations classifying drinking water and
wastewater utility workers as "essential workers". Upon motion, the documents were
received and filed.
11. Iowa Arts and Culture Emergency Relief Fund Award for Five Flags Civic Center
Theater: City Manager transmitted information that the Five Flags Civic Center Theater
was awarded a $58,000 Iowa Arts and Culture Emergency Relief Fund Award for PPE
and COVID-related expenses. Upon motion, the documents were received and filed.
12. January 2021 Utility Bill Insert on COVID-19 Assistance: City Manager provided a
copy of the January 2021 utility bill public information insert on COVID-19 Assistance.
Upon motion, the documents were received and filed.
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Motion by Cavanagh to receive and file the documents, adopt the resolutions, set the
public hearings as indicated, and direct the City Clerk to publish the notice as prescribed
by law. Seconded by Sprank. Motion carried 7-0.
1. Petition to Vacate a Portion of Flexsteel Way between Lots 4 and 5 in Dubuque
Industrial Center South First Addition, in the City of Dubuque, Iowa For Vacating
Petition (Simmons Pet Food Inc. Development Agreement): City Manager
recommended that a public hearing be set for January 19, 2021, for the vacation of right
of way property described as Lot 5A of Dubuque Industrial Center South First Addition,
in the City of Dubuque, Iowa. Upon motion the documents were received and filed and
Resolution No. 5-21 Resolution of intent to vacate a portion of Flexsteel Way, in the City
of Dubuque, Iowa, to be known as Lot 5A of Dubuque Industrial Center South First
Addition, in the City of Dubuque, Iowa was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on January 19, 2021
[Due to the ongoing COVID-19 pandemic, the City Council will meet virtually through
GoToMeeting. The official agenda will be posted on Friday prior to the meeting and will
contain listening, viewing, and public input options. The City Council agenda can be
accessed at nttps://citvofduhijni,P novusagenda.com/AgendaPublir or by contacting the
City Clerk's Office at 563-589-4100, ctyclerk(o)_cityofdubug ue.org.]
RESOLUTION NO. 5-21
RESOLUTION OF INTENT TO VACATE A PORTION OF FLEXSTEEL WAY, IN THE
CITY OF DUBUQUE, IOWA, TO BE KNOWN AS LOT 5A OF DUBUQUE INDUSTRIAL
CENTER SOUTH FIRST ADDITION, IN THE CITY OF DUBUQUE, IOWA
Whereas, per Resolution No. 359-20 the City of Dubuque has entered into a
development agreement with Simmons Pet Food, Inc. for the sale of City Owned property
including a portion of the Flexsteel Way right of way between Lots 4 and 5 of Dubuque
Industrial Center South First Addition; and
Whereas, the City of Dubuque has requested the vacation of a portion of Flexsteel
Way, originally platted as Lot C of Dubuque Industrial Center South First Addition, in the
City of Dubuque, Iowa, in order to convey the property to Simmons per said development
agreement; and
Whereas, the City of Dubuque Engineering Department has prepared and submitted
to the City Council a plat showing the proposed vacated area of Flexsteel Way between
Lots 4 and 5 of Dubuque Industrial Center South First Addition, in the City of Dubuque,
Iowa and assigned a lot number thereto, which hereinafter shall be known and described
as Lot 5A of Dubuque Industrial Center South First Addition, in the City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to vacate Lot 5A of Dubuque Industrial
Center South First Addition in the City of Dubuque, Iowa.
Section 2. That a public hearing, and/or by virtual means, on the intent to vacate Lot
5A of Dubuque Industrial Center South First Addition in the City of Dubuque, Iowa is
hereby set for the 19t" day of December, 2021, at the Historic Federal Building, 350 W.
6t" Street, Dubuque, Iowa, beginning at 6:30 p.m., and the City Clerk be and is hereby
authorized and directed to cause a notice of public hearing on the intent to vacate said
real estate to be published in the manner as prescribed by law.
Passed, approved and adopted this 41" day of January, 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
BOARDS/COMMISSIONS
Appointment was made to the following commissions.
1. Human Rights Commission: One, 3-Year term through January 1, 2024 (Expiring
term of McCarthy). Applicant: Kathy McCarthy, 3491 Waller St. This commission is
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subject to the State of Iowa Gender Balance Law. 9 Commissioners total; currently 4
males/2 females/3 openings. Motion by Jones to appoint Kathy McCarthy to the 3-year
term. Seconded by Roussell. Motion carried 7-0.
PUBLIC HEARINGS
1. Asbury Road Fiber Optic Collaboration - Phase 2 Project: Proof of publication on
notice of public hearing on approval of the plans, specifications, form of contract, and the
estimated cost of $291,210 for the Asbury Road Fiber Optic Collaboration —Phase 2
Project, and City Manager recommended approval. Motion by Jones to receive and file
the documents and adopt Resolution No. 6-21 Approval of plans, specifications, form of
contract, and estimated cost for the Asbury Road Fiber Optic Collaboration — Phase 2
Project. Seconded by Resnick. Staff stated that no online public input had been received
for this item. Motion carried 7-0.
RESOLUTION NO. 6-21
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST FOR THE ASBURY ROAD FIBER OPTIC COLLABORATION —
PHASE 2 PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the
Asbury Road Fiber Optic Collaboration — Phase 2 Project, in the estimated amount
$291,210.00, are hereby approved.
Passed, adopted and approved this 4t" day of January 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, 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. Mayor and City Council Appointments to Various Boards and Commissions: City
Clerk recommended that the City Council review their appointments to various boards
and commissions for any changes in membership for the 2021 Calendar Year terms.
Council Member Resnick stated that he is no longer part of the Hawkeye Area
Community Action Program (HACAP) Board and that he transferred to the Greater
Dubuque Development Corporation (GDDC) Board of Directors when previous Council
Member Shaw resigned. The City Clerk stated that HACAP is no longer a Council
appointment due to the 28E Agreement concluding when Operation New View (ONV)
merged with HACAP. The City Clerk stated that the Boards and Commissions list would
be updated to reflect this change. Motion by Resnick to receive and file the information,
including the updates stated by Council Member Resnick and the City Clerk. Seconded
by Cavanagh. Motion carried 7-0.
2. 2021 State Legislative Priorities: City Manager recommended approval of the City
of Dubuque 2021 State Legislative Priorities to be presented to legislators. Council
expressed interest in considering how the City balances taxation and which groups are
directly affected by that process. Council also mentioned that this topic will come up
when Council discusses the Equitable Poverty Prevention Plan and the City's budget.
Motion by Cavanagh to receive and file the documents and approve the priorities.
Seconded by Resnick. Motion carried 7-0.
3. Request for Work Sessions - Sustainable Dubuque: City Manager requested that
the City Council schedule quarterly Sustainable Dubuque work sessions for the
following dates:
1. Monday, February 1, 2021, at 5:30 p.m.
2. Monday, May 17, 2021, at 5:30 p.m.
3. Monday, August 16, 2021, at 5:30 p.m.
4. Monday, November 1, 2021, at 5:30 p.m.
Motion by Resnick to receive and file the documents and set the work sessions as
recommended. Seconded by Roussell. No schedule conflicts were expressed. Motion
carried 7-0.
COUNCILMEMBER REPORTS
Council Member Jones reported on the recent passing of former City Council
Member Dave Simon.
CLOSED SESSION
Motion by Jones to convene in closed session at 7:05 p.m. to discuss pending
litigation pursuant to Chapter 21.5(1)(c) Code of Iowa. Seconded by Resnick. Mayor
Buol stated for the record that the attorney who will consult with City Council on the
issues to be discussed in the closed session is City Attorney Crenna Brumwell. Motion
carried 7-0.
Upon motion, the City Council reconvened in open session at 7.16 p.m. stating that
staff had been given proper direction.
There being no further business, Mayor Buol declared the meeting adjourned at 7:17
p.m.
/s/Adrienne N. Breitfelder, City Clerk
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