12 21 20 City Council Proceedings Official_Special and Regular1
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:30 p.m. on December 21, 2020.
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 Building Services Department
organization and changes.
WORK SESSION
Building Services Department Organization and Changes
Assistant City Manager/Acting Building Services Manager Cori Burbach and Housing
& Community Development Director Alexis Steger presented service enhancements
coming to the Building Services and Housing & Community Development departments to
improve the customer experience and the maintenance of City facilities. Topics included:
• Current structure: building services
• Challenges and opportunities for improvement:
o Staff input
o Facilities management
• Recommendations
• Combined division: Inspection and construction services
• New organizational structure
• Improvements
• Who benefits from services
• Assistant Housing & Community Development Director position
• Current permitting process
• Combined permitting process
• Timeline
• Budget impact
• Facilities management
• Proposed staffing change
• Key responsibilities
• Department relationships
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• Budget impact
Ms. Burbach, Ms. Steger, and City Manager Van Milligen responded to questions from
City Council on the scope of the restructuring, other cities that have adopted this model,
benefits of these changes, and how this structuring will affect the workload of the Housing
Department.
There being no further business, Mayor Buol declared the work session adjourned at
6:17 p.m.
/s/Adrienne N. Breitfelder, City Clerk
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on December 21, 2020.
Due to the COVID-19 pandemic and mandates for social distancing, this meeting was
conducted virtually 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 com e 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. City
Manager Van Milligen stated that another Federal Coronavirus Aid, Relief, and Economic
Security (CARES) Act is expected to pass. Through this act, the Marshallese population
will become eligible for Medicaid. Additionally, airports, transit, and smal l businesses
should receive assistance. Ms. Corrigan responded to a question from City Council about
actions Council can take to encourage citizens to obtain the COVID-19 vaccine once it
becomes widely available. Ms. Corrigan stated that the City Council and other leaders will
be involved in vaccination campaigns at the appropriate time to encourage citizens to be
vaccinated.
PROCLAMATION(S)
1. Dubuque Arboretum and Botanical Gardens 40th Anniversary was accepted by Jack
Frick and Wylie Bledsoe of the Dubuque Arboretum and Botanical Gardens Board of
Directors.
2. Jack Frick and Wylie Bledsoe Day (December 21, 2020) was also accepted by Jack
Frick and Wylie Bledsoe.
CONSENT ITEMS
Request by Council Member Cavanagh to hold Consent Item #5, Demolition of Historic
Structure at 574 Loras Boulevard, and Consent Item #6, Resolution Approving the
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Second Amendment to Development Agreement by and among the City of Dubuque,
Roshek Property, LLC, Cottingham & Butler, Inc., and Heartland Financial USA, Inc., for
separate discussion.
Motion by Resnick to receive and file the documents, adopt the resolutions, and
dispose of as indicated except for Consent Items #5 and #6. Seconded by Jones. Motion
carried 7-0.
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. Upon motion the documents
were received and filed.
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. Upon motion the documents were received, filed, and
referred to the City Attorney.
3. Disposition of Claims: City Attorney advised 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. 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. 360-20 Authorizing the Director of Finance and Budget/City Treasurer
to make certain payments of bills that must be paid and approved for payment in
accordance with City procedures was adopted.
RESOLUTION NO. 360-20
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; an d
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
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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 Cit y 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 21st day of December, 2020.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
5. Demolition of Historic Structure at 574 Loras Boulevard: City Manager
recommended 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. Council Member Cavanagh stated that he received calls from community
members expressing concern over the demolition. Mr. Cavanagh stated that the Historic
Preservation Commission (HPC) voted to deny the demolition request at their November
19, 2020 meeting, then voted in favor of the demolition at their recent meeting. Mr.
Cavanagh requested clarification on the process and the reason that the HPC changed
their vote. Wally Wernimont, Planning Services Manager, provided information on the
process for a demolition application and the criteria used by the HPC when considering
a demolition application. At the HPC’s November 19th meeting, the commission identified
the property to be historically significant. John McAndrews, a member of the HPC,
submitted a request to buy the property. The HPC decided to give Mr. McAndrews an
opportunity to provide more detail. After the November 19th meeting, Mr. McAndrews
withdrew his request. Due to the withdrawal of Mr. McAndrews’ request and no other
viable options for the property, the HPC then approved the demolition based on political
subdivision of state. Alexis Steger, Housing & Community D evelopment Director, stated
that the property was abandoned and deemed a safety hazard. The Department
contacted 10 developers interested in Historic Preservation to see if any were interested
in purchasing the property. Six of the developers toured the property and all determined
the property was not worth purchasing. Responding to questions from City Council, Ms.
Steger stated that the property has an imminent risk of danger and that the Housing
Department has recently taken a proactive approach to try to monitor properties. Ms.
Steger stated that the department recently initiated drive-thru reviews of building exteriors
to identify potential issues, but the department is unable to conduct interior inspections of
privately owned buildings, thus limiting the proactive approaches the department may
take. Ms. Steger and Mr. Wernimont also responded to City Council questions regarding
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what will happen to the lot if the demolition occurs. Ms. Steger stated that the City will
need to look at stabilizing the lot to know what type of property could be built on it. Mr.
Wernimont stated that the HPC would review any designs of proposed new buildings on
the lot and would review for compatibility with the neighborhood. City Council expressed
concern on the challenges of identifying issues with historic properties before they
become unsalvageable and encouraged the community to come up with creative ways
for identifying potential issues with historic properties before the properties are deemed
unsalvageable.
Motion by Cavanagh to receive and file the documents and adopt Resolution No. 361-
20 Approving the demolition of historic and City owned property at 574 Loras Boulevard
due to deterioration beyond repair. Seconded by Resnick. Motion carried 7-0.
RESOLUTION NO. 361 - 20
APPROVING THE DEMOLITION OF HISTORIC AND CITY OWNED PROPERTY AT
574 LORAS BOULEVARD DUE TO DETERIORATION BEYOND REPAIR
WHEREAS, the City of Dubuque Historic Preservation Commission recognized by
majority vote that the property at 574 Loras Boulevard is Historically Significant; and,
WHEREAS, the City of Dubuque Historic Preservation Commission voted to
recommend demolition of the property due to deterioration by majority vote on December
17, 2020; and,
WHEREAS, the City of Dubuque Housing & Community Development Department
solicited ten developers to try to save the historic structure to no avail; and,
WHEREAS, for the safety of the public, the Housing & Community Development
Department is recommending demolition in a timely manner to prevent collapse.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
Section 1. The demolition of 574 Loras Boulevard is hereby approved.
Passed, approved and adopted this 21st day of December, 2020.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
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 recommended 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. Council Member Cavanagh stated that the amendment to
the Development Agreement does not require Cottingham & Buter and Heartland to
remain downtown. Mr. Cavanagh also questioned why the companies have a deadline
for the City to build a parking garage, per the Development Agreement, if the companies
are unsure of the number of employees who will return to the office. City Manager Van
Milligen stated that the City has additional Development Agreements with other
companies, such as Dupaco, that include parking requirements. Mr. Van Milligen stated
that both Cottingham & Butler and Heartland have significant growth plans, have invested
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millions of dollars in the Roshek building and other properties in downtown Dubuque, and
that the new parking garage may encourage other businesses to invest in vacant
downtown buildings. Mr. Van Milligen also stated that while Cottingham & Butler and
Heartland may have many employees who will alternate between remote and in-person
work, they are still committed to using the Roshek building. Mr. Van Milligen added that
the potential increase of alternating between remote and in-person work in the general
workforce may lead to changes in the language of Development Agreements. Rick
Dickinson, President and CEO of Greater Dubuque Development Corporation, stated that
the capital investment of both companies combined with the number of employees will
exceed the companies’ obligations in the Development Agreement. Mr. Dickinson also
mentioned that the Dubuque workforce consists of many people who work in Dubuque
but reside in the surrounding area. Mr. Van Milligen stated that Cottingham & Butler and
Heartland’s agreement to give the City an extra year to provide the parking garage will
result in the City issuing less debt. City Council thanked Mr. Van Milligen and Mr.
Dickinson for their responses, stating that it is helpful to have additional time to
understand how the COVID-19 pandemic will affect workplace practices and that this
discussion provided additional understanding for the public on the Development
Agreement.
Motion by Cavanagh to receive and file the documents and adopt Resolution No. 362 -
20 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.. Seconded by Resnick. Motion carried 7-0.
RESOLUTION NO. 362-20
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.
Whereas, the City of Dubuque, Iowa (City), Roshek Property, LLC, an Iowa limited
liability company (“Developer”), and Cottingham & Butler, Inc., an Iowa corporation (“C &
B Employer”) and Heartland Financial USA, Inc. a Delaware corporation (“Heartland
Employer”) (collectively referred to as “Employers”), entered into a Development
Agreement as amended, dated for reference purposes the 16 th of December, 2019; and
Whereas, the City, Developer and Employers now desire to amend the Agreement is
set forth in the attached Second Amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE,
IOWA AS FOLLOWS:
Section 1. The Second Amendment to Development Agreement attached hereto is
hereby approved.
Section 2. The City Manager is hereby authorized and directed to take such action as
may be necessary to carry out the terms of the Development Agreement, as amended .
Passed, approved and adopted this 21st day of December, 2020.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
7. 39 Bluff Street: Downtown Rehabilitation Loan Disbursement : City Manager
recommended adoption of a resolution approving a $300,000 Downtown Rehabilitation
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Loan Agreement between the City of Dubuque and Franklin Investments, LLC for
residential improvements made at 39 Bluff Street. Upon motion the documents were
received and filed, and Resolution No. 363-20 Approving a Downtown Rehabilitation Loan
Agreement between the City of Dubuque, Iowa and Franklin Investments, LLC for the
redevelopment of 39 Bluff Street was adopted.
RESOLUTION NO. 363-20
APPROVING A DOWNTOWN REHABILITATION LOAN AGREEMENT BETWEEN
THE CITY OF DUBUQUE, IOWA AND FRANKLIN INVESTMENTS, LLC FOR THE
REDEVELOPMENT OF 39 BLUFF STREET
Whereas, the City Council of the City of Dubuque, Iowa, created a Downtown
Rehabilitation Loan/Grant Program (the Program) for the purpose of st imulating
reinvestment in the Greater Downtown Urban Renewal District; and
Whereas, the loan application from Franklin Investments, LLC for the redevelopment
of 39 Bluff Street (the Property) meets the requirements of the Program; and
Whereas, the City Council authorized the execution of all necessary loan documents
and further authorized disbursement of said loan funds by Resolution 189 -11, adopted on
June 6, 2011; and
Whereas, the Loan Agreement, hereto attached and by this reference made a p art
hereof, sets forth the terms and conditions of Franklin Investments, LLC’s participation in
the Program; and
Whereas, it is the determination of the City Council that approval of the Loan
Agreement for redevelopment of the Property by Franklin Investments, LLC, according to
the terms and conditions set out in the Loan Agreement, is in the public interest of the
City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Loan Agreement between the City of Dubuque and Franklin
Investments, LLC, is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Loan
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 Loan Agreement as herein approved.
Passed, approved and adopted this 21st day of December, 2020.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
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. Upon motion the documents were received and filed.
9. Termination of Grant Agreement between City of Dubuque and Tim Specht for the
rehabilitation of 1555 Central Avenue: City Manager recommended approval of a
resolution authorizing a Termination Agreement between the City of Dubuque, Iowa, and
Tim Specht for the rehabilitation of 1555 Central Avenue. Upon motion the documents
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were received and filed, and Resolution No. 364-20 Approving the Termination
Agreement and Release terminating the Grant Agreement by and between the City of
Dubuque, Iowa and Tim Specht was adopted.
RESOLUTION NO. 364-20
APPROVING THE TERMINATION AGREEMENT AND RELEASE TERMINATING
THE GRANT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND
TIM SPECHT
WHEREAS, the City of Dubuque and Tim Specht entered into a Grant Agreement
dated for reference purposes the 6th day of April, 2020 (the Grant Agreement) for property
at 1555 Central Avenue, legally described as follows:
The Northerly 23.2 feet of the Middle 1/5 of Out Lot 451 in the City of Dubuque,
Iowa, according to the United States Commissioner’s Map of the Survey of the
Town of Dubuque, Iowa
; and
WHEREAS, City and Tim Specht now desire to terminate the Grant Agreement on the
terms and conditions set forth in the Termination Agreement and Release between the
City of Dubuque, Iowa and Tim Specht, attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Termination Agreement and Release Between the City of Dubuque,
Iowa and Tim Specht is hereby approved.
Section 2. The Mayor is hereby authorized and directed to sign the Termination
Agreement and Release on behalf of the City of Dubuque.
Section 3. The City Manager is authorized to take such actions as are necessary to
comply with the terms of the Termination Agreement and Release as herein approved.
Passed, approved and adopted this 21st day of December, 2020.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
10. Memo Recording Award of Asbury Road Fiber Optic Collaboration Project Phase:
I: City Manager recommended that the award for the Asbury Road Fiber Optic
Collaboration Project Phase I be officially recorded in the minutes of the City Council.
Upon motion the documents were received, filed and made a Matter of Record.
11. Tree City USA Application for Re-Certification: City Manager recommended
approval to submit an annual application for Dubuque to become recertified as a Tree
City USA. Upon motion the documents were received, filed and approved.
12. Eagle Point Park Environmental Restoration Project Phase 2 Bioretention Basin
Construction, Tree Removal, and Native Vegetation Establishment Project Acceptance:
City Manager recommended 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. Upon motion the documents were received and filed,
and Resolution No. 365-20 Accepting the Eagle Point Park Environmental Restoration
Project: Phase II Bioretention Basin Construction, Tree Removal, and Native Vegetation
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Establishment Project and authorizing the payment of the contract amount to the
contractor was adopted.
RESOLUTION NO. 365-20
ACCEPTING THE EAGLE POINT PARK ENVIRONMENTAL RESTORATION
PROJECT: PHASE 2 BIORETENTION BASIN CONSTRUCTION, TREE REMOVAL,
AND NATIVE VEGETATION ESTABLISHMENT PROJECT AND AUTHORIZING THE
PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the Eagle Point Park Environmental
Restoration Project: Phase 2 Bioretention Basin Construction, Tree Removal, and Native
Vegetation Establishment Project (the Project) has been completed by the contractor and
Emmons and Olivier Resources has examined the work and filed a certificate stating that
the Project has been completed according to the terms of the Public Improvement
Contract and that Emmons and Olivier Resources recommends that the Project be
accepted;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The recommendation of Emmons and Olivier Resources is approved, and
the Project is hereby accepted.
Section 2. The Director of Finance and Budget is hereby directed to pay to the
Contractor from the Eagle Point Park Environmental Restoration Project: Phase 2)
Bioretention Basin Construction, Tree Removal, and Native Vegetation Establishment
Project capital improvement appropriation for the contract amount of $272,076.75 less
any retained percentage provided for therein as provided in Iowa Code chapter 573, and
to pay such retainage only in accordance with the provisions of Iowa Code chapter 573.
Passed, adopted and approved this 21st day of December 2020.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
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 recommended 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. Upon motion the documents were received and filed, and Resolution No. 366-20
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
was adopted.
RESOLUTION NO. 366-20
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
Whereas, Walter Development, LLC has executed a Grant Easement for Storm Sew er
and Storm Water Drainage through, over and across Part of Lot 1 of McFadden Farm
Place No. 6, in the City of Dubuque, Iowa.
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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, Iowa, hereby approves of, accepts
and consents to the Grant of Easement for Storm Sewer and Storm Water Drainage
through, over and across Part of Lot 1 of McFadden Farm Place No. 6, in the City of
Dubuque, Iowa from Walter Development, LLC, a copy of which is attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Passed, approved and adopted this 21st of December 2020.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
14. Civil Service Commission - Certified Lists: Civil Service Commission submitted the
Certified List for the positions of Firefighter/Paramedic and Police Lieutenant. Upon
motion the documents were received, filed and made a Matter of Record.
November 9, 2020
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position
of Firefighter/Paramedic was administered on October 17, 2020. We hereby certify that
the individuals listed below have passed this written examination and the vacancy for
this position should be made from this list and that this list is good for twelve (12)
months from the above date.
FIREFIGHTER/PARAMEDIC
1. Jacob Fiedler, 2. Matthew Fetzer, 3. Zachary Kersten, 4. Andrew Lahey, 5. Austin
Kutz, 6. Justin Geyer, 7. Kory Foht, 8. Jeremy Shireman, 9. Nathaniel Mutzl, 10. John
Smth, 11. Christopher Tallman, 12. Hans White, 13. Collin Sawyer
Respectfully submitted,
/s/ Dan White, Chairperson
Civil Service Commission
December 9, 2020
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, a promotional examination for
the position of Police Lieutenant was administered on December 1, 2020. I hereby certify
that the individuals listed below have passed the examination process and any vacancy
for this position should be made from this list. This list is good for a period of two years
from the above date.
Police Lieutenant
1. Paul Avenarius, 2. Chad Crabill, 3. Ann Dauderman, 4. Billy Dieujuste, 5. Wilkens
Dieujuste, 6. Justin Dura, 7. Andrew Harden, 8. Isaiah Hoff, 9. Ryan Scherrman, 10.
Jordan Waddick
Respectfully Submitted,
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/s/Daniel White, Chairperson
Civil Service Commission
15. Sustainable Dubuque Community Grant Program Application Update : City
Manager recommended approval of changes to the guidelines and application process
for Sustainable Dubuque Community Grants program, to be effective for the March 15,
2021 deadline. Upon motion the documents were received, filed and approved.
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 recommended 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. Upon motion the documents were received and filed, and Resolution No. 367-20
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) was
adopted.
RESOLUTION NO. 367-20
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)
Whereas, the STREETS project is designed to improve traffic conditions throughout
the Dubuque metro area by distributing traffic more evenly on the region’s major corridors.
The STREETS project will modify the signal timings through a seamless interface
between a signal timing model and signals used in the field; and
Whereas, the City has determined that STREETS project will reduce congestion,
shorten travel times, improve air quality, and improve safety in the metro area. By
rerouting traffic on the roads with extra capacities dynamically, it is expected that the
proposed system will reduce traffic bottlenecks as recommended by the adopted East-
West Corridor Study; and
Whereas, the City in partnership with DMATS requested
Iowa’s Clean Air Attainment Program (ICAAP) Project funding in the amount of $818,250
and Surface Transportation Block Grant STBG Federal-aid Swap funds in the amount of
$800,000 to assist with a Phase I of the Dubuque STREETS program; and
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
SECTION 1. That said Funding Agreement (Agreement No. 2020-ICAAP-03) between
the City of Dubuque and the Iowa Department of Transportation is hereby approved.
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SECTION 2. That the Mayor is hereby authorized and directed to execute the Funding
Agreement (Agreement No. 2020-ICAAP -03) for Phase I of the Smart Traffic Routing
with Efficient and Effective Traffic Signals (STREETS) program.
Passed, approved and adopted this 21st day of December 2020.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
17. Iowa Department of Transportation Federal-Aid Agreement for an Accelerated
Innovation Deployment Demonstration Project: City Manager recommended 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 an d Effective
Traffic System) project. Upon motion the documents were received and filed, and
Resolution No. 368-20 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) was adopted.
RESOLUTION NO. 368-20
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)
Whereas, the STREETS project is designed to improve traffic conditions throughout
the Dubuque metro area by distributing traffic more evenly on the region’s major corridors.
The STREETS project will modify the signal timings through a seamless interface
between a signal timing model and signals used in the field; and
Whereas, the City has determined that STREETS project will reduce congestion,
shorten travel times, improve air quality, and improve safety in the metro area. By
rerouting traffic on the roads with extra capacities dynamically, it is expected that the
proposed system will reduce traffic bottlenecks as recommended by the adopted East-
West Corridor Study; and
Whereas, the City in partnership with DMATS requested
Accelerated Innovation Deployment (AID) Demonstration Project funding in the amount
of $998,000 to assist with a Phase I of the Dubuque STREETS program; and
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
SECTION 1. That said Federal-Aid Funding Agreement (Agreement No. 2020-EDP-
01) between the City of Dubuque and the Iowa Department of Transportation is hereby
approved.
SECTION 2. That the Mayor is hereby authorized and directed to execute the Federal
Aid Funding Agreement (Agreement No. 2020-EDP-01) for Phase I of the Smart Traffic
Routing with Efficient and Effective Traffic Signals (STREETS) program.
Passed, approved and adopted this 21st day of December 2020.
Roy D. Buol, Mayor
14
Attest: Adrienne N. Breitfelder, City Clerk
18. Amending Resolutions to add Transition of City Share of Property Taxes : City
Manager recommended 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. Upon motion the documents were received and filed, and Resolution
No. 369-20 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 No. 370-20 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 No. 371-20 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; and Resolution No.
372-20 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 were adopted.
RESOLUTION NO. 369-20
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
Whereas, on August 2nd, 2013, the property owner(s) (Truck Country of Iowa, Inc.,
Wausau Limited Partnership and McCoy Family Iowa Properties) signed a pre -annexation
agreement with the City of Dubuque, Iowa; and
Whereas, on September 3rd, 2013, the City Council of Dubuque approved the pre -
annexation agreement; and
Whereas, on March 5th, 2014, the pre-annexation agreement was recorded with
Instrument No. 2014-00002082; and
Whereas, on January 6th, 2014, the City Council of Dubuque passed Resolution No. 4-
14 approving an application for voluntary annexation of territory to the City of Dubuque,
Iowa; and
Whereas, the property owner is entitled to a partial exemption from taxation for City
taxes for a period of (10) years as defined in the approved pre -annexation agreement;
and
Whereas, Resolution No. 4-14 did not include the Transition of City Share of Property
Taxes as required by the approved pre-annexation agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Resolution No. 4-14 approving an application for voluntary annexation
of territory to the City of Dubuque, Iowa be amended to add:
Section 4: That the Real Estate shall be entitled to the following partial exemption from
taxation for City taxes for a period of then (10) years following the final order of the City
Development Board, if such annexation requires approval by the City Development
Board, after the exhaustion of any and all appeals from the action of the Board by any
person or the expiration of the time within which such appeals may be brought, approving
the voluntary annexation of the property:
1. For the first and second year, seventy-five percent (75%)
15
2. For the third and fourth year, sixty percent (60%)
3. For the fifth and sixth year, forty-five percent (45%)
4. For the seventh and eighth year, thirty percent (30%)
5. For the ninth and tenth year, fifteen percent (15%).
Passed, approved and adopted this 21st day of December, 2020.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
RESOLUTION NO. 370-20
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
Whereas, on November 4th, 2015, the property owner (Derby Grange, L.L.C) signed a
pre-annexation agreement with the City of Dubuque, Iowa; and
Whereas, on November 16th, 2015, the City Council of Dubuque passed Resolution
No. 398-15 approving the pre-annexation agreement; and
Whereas, on November 18th, 2015, the pre-annexation agreement was recorded with
Instrument No. 2015-00014756; and
Whereas, on April 3rd, 2017, the City Council of Dubuque passed Resolution No. 132-
17 approving an application for voluntary annexation of territory to the City of Dubuque,
Iowa; and
Whereas, the property owner is entitled to a partial exemption from taxation for City
taxes for a period of (10) years as defined in the approved pre-annexation agreement;
and
Whereas, Resolution No. 132-17 did not include the Transition of City Share of
Property Taxes as required by the approved pre-annexation agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Resolution No. 132-17 approving an application for voluntary
annexation of territory to the City of Dubuque, Iowa be amended to add:
Section 6: That the Real Estate owned by Derby Grange L.L.C shall be entitled to the
following partial exemption from taxation for City taxes for a period of then (10) years
following the final order of the City Development Board, if such annexation requires
approval by the City Development Board, after the exhaustion of any and all appeals from
the action of the Board by any person or the expiration of the time within which such
appeals may be brought, approving the voluntary annexation of the property:
6. For the first and second year, seventy-five percent (75%)
7. For the third and fourth year, sixty percent (60%)
8. For the fifth and sixth year, forty-five percent (45%)
9. For the seventh and eighth year, thirty percent (30%)
10. For the ninth and tenth year, fifteen percent (15%).
Passed, approved and adopted this 21st day of December, 2020.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
RESOLUTION NO. 371-20
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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
Whereas, on October 8th, 2015, the property owner (Spiegel Family Realty Company
Iowa, LLC) signed a pre-annexation agreement with the City of Dubuque, Iowa; and
Whereas, on October 19th, 2015, the City Council of Dubuque passed Resolution No.
364-15 approving the pre-annexation agreement; and
Whereas, on October 22nd, 2015, the pre-annexation agreement was recorded with
Instrument No. 2015-00013620; and
Whereas, on June 3rd, 2019, the City Council of Dubuque passed Resolution No. 210-
19 approving an application for voluntary annexation of territory to the City of Dubuque,
Iowa; and
Whereas, the property owner is entitled to a partial exemption from taxation for City
taxes for a period of (10) years as defined in the approved pre -annexation agreement;
and
Whereas, Resolution No. 210-19 did not include the Transition of City Share of
Property Taxes as required by the approved pre-annexation agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Resolution No. 210-19 approving an application for voluntary
annexation of territory to the City of Dubuque, Iowa be amended to add:
Section 6: That the Real Estate shall be entitled to the following partial exemption from
taxation for City taxes for a period of then (10) years following the final order of the City
Development Board, if such annexation requires approval by the City Development
Board, after the exhaustion of any and all appeals from the action of the Board by any
person or the expiration of the time within which such appeals may be brought, approving
the voluntary annexation of the property:
11. For the first and second year, seventy-five percent (75%)
12. For the third and fourth year, sixty percent (60%)
13. For the fifth and sixth year, forty-five percent (45%)
14. For the seventh and eighth year, thirty percent (30%)
15. For the ninth and tenth year, fifteen percent (15%).
Passed, approved and adopted this 21st day of December, 2020.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
RESOLUTION NO. 372-20
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
Whereas, on October 8th, 2015, the property owner (Spiegel Family Realty Company
Iowa, LLC) signed a pre-annexation agreement with the City of Dubuque, Iowa; and
Whereas, on October 19th, 2015, the City Council of Dubuque passed Resolution No.
364-15 approving the pre-annexation agreement; and
Whereas, on October 22nd, 2015, the pre-annexation agreement was recorded with
17
Instrument No. 2015-00013620; and
Whereas, on August 3rd, 2020, the City Council of Dubuque passed Resolution No.
239-20 approving an application for voluntary annexation of territory to the City of
Dubuque, Iowa; and
Whereas, the property owner is entitled to a partial exemption from taxation for City
taxes for a period of (10) years as defined in the approved pre -annexation agreement;
and
Whereas, Resolution No. 239-20 did not include the Transition of City Share of
Property Taxes as required by the approved pre-annexation agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Resolution No. 239-20 approving an application for voluntary
annexation of territory to the City of Dubuque, Iowa be amended to add:
Section 6: That the Real Estate shall be entitled to the following partial exemption from
taxation for City taxes for a period of then (10) years following the final order of the City
Development Board, if such annexation requires approval by the City Development
Board, after the exhaustion of any and all appeals from the action of the Board by any
person or the expiration of the time within which such appeals may be brought, approving
the voluntary annexation of the property:
16. For the first and second year, seventy-five percent (75%)
17. For the third and fourth year, sixty percent (60%)
18. For the fifth and sixth year, forty-five percent (45%)
19. For the seventh and eighth year, thirty percent (30%)
20. For the ninth and tenth year, fifteen percent (15%).
Passed, approved and adopted this 21st day of December, 2020.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
19. National League of Cities Leadership in Community Resilience Grant Application
Letter of Support: City Manager recommended approval for Mayor Buol to sign a letter of
support to the National League of Cities Leadership in Community Resilience grant
program. Upon motion the documents were received, filed and approved.
20. Volunteer Generation Fund Grant Application and Grant Agreement: City Manager
recommended 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. Upon motion
the documents were received, filed and approved.
21. Iowa Economic Development Authority Agreement to Spend Community
Development Block Grant COVID-19 (CDBG-CV) Funds: City Manager recommended
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.
Upon motion the documents were received and filed, and Resolution No. 373-20
Approving an agreement between the City of Dubuque and the Iowa Economic
18
Development Authority to receive, administer and disburse Community Development
Block Grant COVID- 19 (CDBG-CV) funding was adopted.
RESOLUTION NO. 373-20
APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE AND THE IOWA
ECONOMIC DEVELOPMENT AUTHORITY TO RECEIVE, ADMINISTER AND
DISBURSE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COVID-19
(CDBG-CV) FUNDING
WHEREAS, the Agreement allows the City of Dubuque to receive, administer, and
disburse CDBG-CV funds; and
WHEREAS, the City of Dubuque desires to disburse grant funds for eligible purposes
primarily benefiting low and moderate income persons, eliminating slums and blight, or
meeting community development needs having particular urgency; and
WHEREAS, the City of Dubuque submitted an Application for funding to the Iowa
Economic Development Authority and the Application has been approved; and
WHEREAS, the City of Dubuque desires to enter into an agreement with the Iowa
Economic Development Authority for necessary funding to help the community prepare
for, respond to and recover from COVID-19.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
Section 1. The Agreement is hereby approved.
Section 2. The Mayor is hereby authorized and directed to execute such Agreement
on behalf of the City of Dubuque, Iowa.
Section 3. The City Council grants the authority to the City Manager or the City
Manager’s designee to manage the agreement and act in accordance with the terms of
the agreement.
Passed, approved and adopted this 21st day of December, 2020.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
22. Proposed amendments to Master Co-location and Shared Services Agreement
between the City of Dubuque and Unite Private Network: City Manager recommended
approval of an amendment to an existing Master Agreement and Project Statement in
place between the City of Dubuque and Unite Private Network. Upon motion the
documents were received, filed and approved.
23. Problem Property Assessment: City Manager recommended 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. Upon
motion the documents were received and filed, and Resolution No. 374-20 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 was adopted.
RESOLUTION NO. 374-20
19
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
WHEREAS, residential properties in the City of Dubuque are considered hazardous or
unsanitary premises if problem properties are allowed to deteriorate according to 14-1J1;
and
WHEREAS, whenever in the judgment of the Code Official, a nuisance that is “palpably
and indisputably such” exists which requires immediate action to protect the public health,
safety or welfare of the public, the Code Official may order the emergency abatement of
such; and
WHEREAS, delinquent problem property charges shall be certified by the City Clerk to
the Dubuque County Treasurer for collection with, and in the same manner as general
property taxes;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the persons listed on the attached Problem Property Assessment
Schedule are delinquent in the payment of problem property charges.
Section 2. That the City Clerk be and is hereby ordered and directed to certify to the
County Treasurer of Dubuque County, Iowa, that the persons named on the attached
Problem Property Assessment Schedule are delinquent in the payment of problem
property charges in the amount set aside of the respective names, and that said amounts
shall be collected in the same manner as general property taxes against the respective
parcels of property set opposite the names of the owners.
Passed, approved and adopted this 21st day of December, 2020.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
SCHEDULE OF ASSESSMENTS
Vacant and Abandoned Building/Problem Properties
Location; Legal Description; Owner; Parcel #; Amount; Category
1701 Central Ave.; Kennedy Central Avenue Place & Lot A Kennedy Central Av enue
Place; River Walk Properties LLC, Pmb 311, 3500 Dodge St., Suite 205, Dubuque IA
52003; 1028128001; $517.60; Relocation of tenant from 1701 Central Ave.
2279 W 32nd St.; Lot 1 Herrig's 2nd Addition; Herrig, John W & Sally Jo, 13750 Surrey
Ln, Dubuque IA 52002; 1015201020; $97.80; Relocation of tenants from 2279 W 32 nd St.
1701 Central Ave.; Kennedy Central Avenue Place & Lot A Kennedy Central Avenue
Place; River Walk Properties LLC, Pmb 311, 3500 Dodge St., Suite 205, Dubuque IA
52003; 1028128001; $1095.16; Relocation of tenant from 1701 Central Ave.
1701 Central Ave.; Kennedy Central Avenue Place & Lot A Kennedy Central Avenue
Place; River Walk Properties LLC, Pmb 311, 3500 Dodge St., Suite 205, Dubuque IA
52003; 1028128001; $666.43; Relocation of tenant from 1701 Central Ave.
423 Loras Blvd.; Lot 2-3 Of City Lot 667; Mid-America Property Management LLC, PO
Box 1572, Dubuque IA 52004-1572; 1024338013; $226.60; Relocation of tenant from 423
Loras Blvd. #1
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1701 Central Ave.; Kennedy Central Aven ue Place & Lot A Kennedy Central Avenue
Place; River Walk Properties LLC, Pmb 311, 3500 Dodge St., Suite 205, Dubuque IA
52003; 1028128001; $2695.37; Relocation of tenant from 1701 Central Ave.
1701 Central Ave.; Kennedy Central Avenue Place & Lot A Kennedy Central Avenue
Place; River Walk Properties LLC, Pmb 311, 3500 Dodge St., Suite 205, Dubuque IA
52003; 1028128001; $513.32; Relocation of tenant from 1701 Central Ave.
1953 Pierce St.; Lots 2-1, 2-2, 2-3, 4, & 2-5 Connolly's Sub; Smith, Robert J Jr, 3230
Dodge St, Dubuque IA 52003, 1024158014, $278.90; Relocation of tenant from 1953
Pierce St.
24. Liquor License Renewals: City Manager recommended approval of annual beer,
liquor, and wine licenses as submitted. Upon motion the documents were received and
filed, and Resolution No. 375-20 Approving applications for beer, liquor, and/or wine
permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License
Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and
Permits was adopted.
RESOLUTION NO. 375-20
APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS
REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS
AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B
LIQUOR, BEER AND WINE LICENSES AND PERMITS
W hereas, applications for Beer, Liquor, and or W ine Permits have been submitted
and filed with the City Council for approval and the same have been examined and
approved; and
W hereas, the premises to be occupied by such applicants were inspected and found
to comply with the Ordinances of the City, and the applicants have filed the proper fees
and bonds and otherwise complied with the requirements of the Code of Ordinances.
NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOW A THAT:
Renewals
Beecher Liquor 1691 Asbury Rd. Class E Liquor, Class B Wine,
Class C Beer (Sunday)
Holiday Inn Five Flags 450 Main St. Class B Liquor (Sunday)
Hy-Vee C-Store #1 3270 Dodge St. Class C Beer, Class C Wine
(Sunday)
Kwik Stop Food Mart 2320 Gateway Dr. Class C Beer, Class C Native
Wine (Sunday)
Magoo's Pizza 1875 University Ave. Special Class C Liquor
(Outdoor) (Sunday)
Sam's Club #4973 4400 Asbury Rd. Class E Liquor, Class B Wine,
Class C Beer (Sunday)
Steve's Ace Home & Garden 3350 J.F. Kennedy Rd. Class B Native Wine (Sunday)
The Moracco 1413 Rockdale Rd. Class C Liquor (Sunday)
United Automobile Workers,
Local #94
3450 Central Ave. Class B Beer, Class B Native
Wine (Sunday)
21
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 December 2020.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Resnick to receive and file the documents, adopt the resolutions, set the
public hearings as indicated, and direct the City Cler k to publish notice as prescribed by
law. Seconded by Lynch. Motion carried 7-0.
1. Asbury Road Fiber Optic Collaboration – Phase 2 Project: City Manager
recommended 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. Upon motion the documents were received and filed, and Resolution
No. 376-20 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 was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on January 4, 2021 conducted virtually.
[Due to the ongoing COVID-19 pandemic, the City Council will meet virtually through
GoToMeeting. The official agenda will be posted on Thursday, December 31, 2020 and
will contain listening, viewing, and public input options. The City Council agenda can be
accessed at https://cityofdubuque.novusagenda.com/AgendaPublic/ or by contacting the
City Clerk’s Office at 563-589-4100, ctyclerk@cityofdubuque.org.]
RESOLUTION NO. 376-20
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
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the Asbury
Road Fiber Optic Collaboration – Phase 2 Project in the estimated amount of $291,210.00
are hereby preliminarily approved and ordered filed in the office of the City Clerk for public
inspection.
A public hearing will be held on the 4th day of January 2021, 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 attached notice of the time and
place of such hearing to be published in a newspaper having general circulation in the
22
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 contract, or
estimated cost of the Project.
Asbury Road Fiber Optic Collaboration – Phase 2 Project is hereby ordered to be
advertised for bids for construction.
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.
The City Engineer is hereby directed to advertise for bids for the construction o f the
improvements herein provided, by publishing the attached Notice to Bidders to be
published in the Master Builders of Iowa Plan Room, The Construction Update Network
and posted on the City of Dubuque website at www.cityofdubuque.org/bids and 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 7th day of January 2021. 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 6:00 p.m. on the 19th day of January 2021, 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 December 2020.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
2. North Grandview Estates Housing TIF: City Manager recommended 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. Upon motion the documents
were received and filed, and Resolution No. 377-20 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 was adopted setting a public hearing for a meeting
to commence at 6:30 p.m. on February 1, 2021.
[Due to the ongoing COVID-19 pandemic, the City Council will meet virtually through
GoToMeeting. The official agenda will be posted on Friday, January 29, 2021 and will
contain listening, viewing, and public input options. The City Council agenda can be
accessed at https://cityofdubuque.novusagenda.com/AgendaPublic/ or by contacting the
City Clerk’s Office at 563-589-4100, ctyclerk@cityofdubuque.org.]
RESOLUTION NO. 377-20
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
23
WHEREAS, the City Council of the City of Dubuque has determined that the creation
of the North Grandview Estates Housing Urban Renewal Area will stimulate, through
public involvement and commitment, private investment in new housing and residential
development as defined by Iowa Code 403.17(12), as described in the Urban Renewal
Plan; and
WHEREAS, the City Council has determined that the area described in Attachment A
to this Resolution meets the definition of an economic development area as defined in
Chapter 403 “Urban Renewal” of the Iowa Code; and
WHEREAS, a significant need for housing units exists in the community and local
resources are needed to advance the development; and
WHEREAS, Iowa Code Chapter 403 requires that before urban renewal authority may
be exercised, a City Council must adopt a resolution of necessity finding that the area in
question is a slum, blighted or economic development area, and that so designating such
area is necessary in the interest of the public health, safety or welfare of the residents of
the municipality.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the proposed North Grandview Estates Housing Urban Renewal Area,
generally described in Attachment A and Attachment B to this Resolution, is an economic
development area as defined by Chapter 403 of the Iowa Code, appropriate for public
improvements related to housing and residential development, and is appropriate for an
urban renewal project.
Section 2. That the development of the North Grandview Estates Housing Urban
Renewal Area is necessary and appropriate to facilitate the proper growth and
development of the community in accordance with sound planning and local commun ity
objectives.
Section 3. That the development of this area will provide new opportunities for quality
housing and job creation in the community.
Section 4. That the City Manager is authorized and directed to prepare an Urban
Renewal Plan for the North Grandview Estates Housing Urban Renewal Area, to forward
said Plan to the City's Long Range Planning Commission for review and comment, and
to begin the consultation process required by law with affected taxing entities.
Section 5. That the City Clerk is directed to publish notice of a public hearing on the
adoption of an Urban Renewal Plan for the North Grandview Estates Housing Urban
Renewal Area to be held on the 1st day of February, 2021, at 6:30 p.m. in the form
attached hereto. The notice of said hearing shall generally identify the areas covered by
the proposed Urban Renewal Plan and the general scope of the urban renewal activities
planned for such areas and said notice shall be published in a newspaper having general
circulation within the City not less than four days nor more than twenty days before the
24
date of said meeting. A copy of the notice of public hearing shall be sent by ordinary mail
to the affected taxing entities.
Section 6. That the City Clerk is further directed to send by ordinary mail a copy of the
proposed Amended and Restated Urban Renewal Plan, the notice of public hearing, a
notice of consultation, and, to the extent the Amended and Restated Urban Renewal Plan
includes the use of tax increment revenues for a public building, an analysis of alternative
development and funding options for such public buildings, to the Dubuque Community
School District Board of Education and Dubuque County Board of Supervisors, as the
affected taxing entities.
Passed, approved and adopted this 21st day of December, 2020.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
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. Human Rights Commission: One, 3-Year term through January 1, 2024 (Expiring
term of McCarthy). Applicant: Kathy McCarthy, 3491 Waller St. This commission is
subject to the State of Iowa Gender Balance Law. 9 Commissioners total; currently 4
males/2 females/3 openings
Boards and Commission Appointments: Appointments were made to the following
commissions.
2. Community Development Advisory Commission: One, 3-Year term through
February 15, 2022 (Expired term of Lenhart). Applicant: Janice Craddieth, 2320 White St.
Motion by Lynch to appoint Janice Craddieth to the 3-year term. Seconded by Roussell.
Motion carried 7-0.
3. Historic Preservation Commission: One, 3-Year term through July 1, 2023 (Vacant
Langworthy District term of Klavitter) and 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. Motion by
Jones to appoint Melissa Daykin-Cassill to the 3-year term for the Langworthy District and
David Klavitter to the 3-year term for the At-Large District. Seconded by Sprank. Motion
carried 7-0.
PUBLIC HEARINGS
1. Proposed Resolution of Issues with 40 Main, LLC, 44 Main, LLC and 2 10 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
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Development Agreements with 40 Main, LLC, 44 Main, LLC and 210 Jones, LLC, and
Senior Counsel recommended 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 l oans 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.
Responding to a question from City Council, City Attorney Brumwell stated that the
proposed resolutions will result in all three addresses, 40 Main, LLC, 44 Main, LLC, and
210 Jones, LLC combining under one ownership. Motion by Resnick to receive and file
the documents and adopt Resolution No. 378 -20 Approving the Second Amendment to
Development Agreement between the City of Dubuque, Iowa and 210 Jones, LLC;
Resolution No. 379-20 Approving the Quit Claim Deed from the City of Dubuque to 40
Main, LLC; and Resolution 380-20 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. Seconded by Jones. Motion
Carried 7-0.
RESOLUTION 378-20
APPROVING THE SECOND AMENDMENT TO DEVELOPMENT AGREEEMENT
BETWEEN THE CITY OF DUBUQUE, IOWA AND 210 JONES, LLC
WHEREAS, City and (Developer) entered into a Development Agreement dated June
19, 2017 (the Agreement), as amended; and
WHEREAS, the Agreement provides the construction of parking lot improvements; and
WHEREAS, City and Developer desire to further amend the Agreement as set forth in
the attached Second Amendment to Development Agreement; and
WHEREAS, the City Council finds that it is in the best interests of the City of Dubuque
to approve the Second Amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Second Amendment to Development Agreement is hereby approved.
Section 2. The Mayor is authorized and directed to sign the Second Amendment on
behalf of the City of Dubuque.
Passed, approved and adopted this 21st day of December, 2020.
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 pag e. Staff stated that no online
public input was received.
ACTION ITEMS
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1. Submission of Electrification + Renewable Energy Feasibility Study, Request for
Policy Change and Recommendation for Budgetary Action: City Manager transmitted 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 Owne rship) 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.
Gina Bell, Sustainability Coordinator, introduced Dave Lyons, Sustainable Innovation
Consultant with Greater Dubuque Development Corporation, who provided a
presentation. As part of the presentation, Mr. Lyons introduced Rob Wozny, Senior
Product Manager for Electrification for Alliant Energy, who briefly summarized the benefits
of the study. Highlights of the presentation included:
• Findings
• Transit path
• Value proposition
• Energy source
• Non-transit fleet path
• Recommendations
• Immediate opportunity
• Next Steps
Mr. Lyons responded to questions from City Council regarding the local impact of these
actions and potential costs. Motion by Cavanagh to receive and file the documents and
approve the recommendations. Seconded by Jones. Motion carried 7-0.
2. Stormwater Illicit Discharge Ordinance Amendments: City Manager recommended
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. Motion by
Jones 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 Resnick.
Motion by Jones for final consideration and passage of Ordinance No. 52-20 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. Seconded by Resnick. Motion carried 7-0.
OFFICIAL
PUBLICATION
ORDINANCE NO. 52-20
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
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 13-5-1 of the City of Dubuque Code of Ordinances is amended to
read as follows:
13-5-1: DEFINITIONS:
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
ILLEGAL DISCHARGE: Any direct or indirect nonstormwater discharge to the
municipal separate storm sewer system, or waters of the state except as exempted in
subsection 13-5-6B of this chapter.
Section 2. Section 13-5-6 of the City of Dubuque Code of Ordinances is amended to
read as follows:
13-5-6: DISCHARGE PROHIBITIONS:
A. Prohibition Of Illegal Discharges: No person shall discharge or cause to be
discharged into the MS4 or watercourses any of the following:
1. Materials, including, but not limited to, pollutants, waters containing pollutants,
nonstormwater discharge, or those that cause or contribute to a violation of applicable
water quality standards.
2. Geothermal pump and dump system discharges without the express written consent
of the city manager. The city manager may allow such discharge if it does not present or
will not present an imminent and substantial danger to the operation of the MS4, public
property, private property, the environment, or to the health or welfare of persons, or
waters of the state.
Section 3. This Ordinance takes effect on publication.
Passed, approved, and adopted the 21st day of December, 2020.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on the 25th day of December 2020.
/s/Adrienne N. Breitfelder, City Clerk
3. Memorandum of Understanding for Recreational Programming between City of
Dubuque Leisure Services & City of Asbury: City Manager recommended 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. Leisure Services
Manager Marie Ware responded to question s from City Council regarding the wages of
temporary employees and the involvement of City staff. Motion by Roussell to receive to
receive and file the documents and approve the Memorandum of Understanding.
Seconded by Lynch. Motion carried 7-0.
4. Submission of Fire Department Community Risk Assessment and Standards of
Cover Document: City Manager submitted the Community Risk Assessment and
Standards of Cover Document for the Fire Department. Fire Chief Rick Steines provided
a presentation on the Community Risk Assessment and Standards of Cover (CRA-SOC)
Document. Highlights included:
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• The purpose of conducting the CRA-SOC
• What the CRA-SOC is
• What the CRA-SOC is not
• Using the CRA-SOC
City Council commended the CRA-SOC document and thanked the Fire Department
for their professionalism and expertise in responding to situations. Motion by Resnick to
receive and file the information. Seconded by Jones. Motion carried 7 -0.
5. Video Highlighting New Gillig Buses: Media Services Division showed a video
highlighting four new Gillig Heavy Duty fixed route buses purchased by Transportation
Services using Federal Grant and local match funds. Russ Stecklein, Acting
Transportation Services Director, responded to questions from City Council regarding
ridership reaction to the new buses and the protocols implemented on City buses due to
COVID-19. Motion by Resnick to receive and file the information and view the video
presentation. Seconded by Cavanagh. Motion carried 7-0.
6. Request for Work Session - Equitable Poverty Prevention Plan: City Manager
requested that the City Council schedule a Work Session for January 11, 2021 at 6:30
p.m. on the Equitable Poverty Prevention Plan Presentation. Motion by Lynch to receive
and file the information and schedule the work session as recommend. Seconded by
Resnick. No schedule conflicts were expressed. Motion carried 7-0.
7. Request for Work Sessions - COVID-19 Update: City Manager requested 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. Motion by Resnick
to receive and file the information and schedule the work sessions as recommend.
Seconded by Cavanagh. No schedule conflicts were expressed. Motion carried 7-0.
CLOSED SESSION
Motion by Cavanagh to convene in closed session at 9:19 p.m. to discuss purchase or
sale of real estate pursuant to Chapter 21.5(1)(j) Code of Iowa. Seconded by Jones.
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 10:18 p.m. stating that
staff had been given proper direction.
There being no further business, Mayor Buol declared the meeting adjourned at 10:19
p.m.
/s/Adrienne N. Breitfelder, City Clerk