Proof_City Council Proceedings 06.20.22Copyrighted
July 18, 2022
City of Dubuque Consent Items # 01.
City Council Meeting
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: City Council proceedings of 07/05/22; Arts and Cultural Affairs
Commission of 4/26/22 and 5/24/22; Equity and Human Rights
Commission of 5/9/22; Historic Preservation Commission of 6/16/22;
Zoning Advisory Commission of 7/6/22; Zoning Board of Adjustment of
6/23/22; Proof of publication for City Council proceedings of 6/20/22 and
6/27/22.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
/_1if_Td:I�,I=1kihI'S
Description Type
City Council Proceedings of 07/05/22 Supporting Documentation
Arts and Cultural Affairs Commission Minutes of Supporting Documentation
4/26/22
Arts and Cultural Affairs Commission Minutes of
Supporting Documentation
5/24/22
Equity and Human Rights Commission Minutes of
Supporting Documentation
5/9/22
Historic Preservation Commission Minutes of 6/16/22
Supporting Documentation
Zoning Advisory Commission Minutes of 7/6/22
Supporting Documentation
Zoning Board of Adjustment Minutes of 6/23/22
Supporting Documentation
Proof of publication for City Council proceedings of
Supporting Documentation
6/20/22
Proof of publication for City Council proceedings of
Supporting Documentation
6/27/22
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
06/29/2022
and for which the charge is 356.48
CL
Subs ribed to before me, a Notary Public in and for
Dubuque County, Iowa,
this 29th day of June, 2022
Notary Publ U
and for Dubuque Count , Iowa.
�"`• JANET K.P. APE
•_= Cam anisslan Number 199559
M1y Camm. Esp. DEC 11, 2022
Ad text : CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 6:00 p.m.
on June 20, 2022, in the second -floor Council Chambers of the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Cavanagh; Council Members Farber, Jones,
Resnick, Roussell, Sprank, Wethal (attended via phone); City
Manager Van Milligen (attended via phone), City Attorney
Bmmwell.
Mayor Cavanagh read the call and stated this is a special
session of the City Council called for the purpose of
conducting a work session to receive an Inclusive Dubuque
Quarterly Update.
WORK SESSION
INCLUSIVE DUBUQUE QUARTERLY UPDATE
Clara Lopez Otriz, Equity Coordinator, and Alex Baum,
Director of Initiatives, of the Community Foundation of
Greater Dubuque presented the Inclusive Dubuque Quarterly
Report. The presenters responded to questions from the City
Council following their presentation.
There being no further business, Mayor Cavanagh declared the
meeting adjourned at 6:29 p.m.
/s/Adrienne N. Breitfelder
City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m.
on June 20, 2022, in the second -floor Council Chambers of the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Cavanagh; Council Members Farber, Jones,
Resnick, Roussell, Sprank, Wethal (attended via phone); City
Manager Van Milligen (attended via phone), City Attorney
Bmmwell.
Mayor Cavanagh 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. Summer Learning Week (July 10 - 16, 2022) was accepted by
Beth McGorry, Director of Donor Relations, on behalf of St.
Mark's Youth Enrichment.
2. Pollinator Week Proclamation (June 19-25, 2022) was
accepted by Sustainability Coordinator Gina Bell on behalf of
the City of Dubuque Sustainability Office.
3. Juneteenth Celebration Day (June 20, 2022) was accepted
by Alex Dixon, Alex Lee, Wesley Raymond, and Alex Dixon Jr. on
behalf of the Black Mens Coalition.
CONSENT ITEMS
Council Member Wethal requested Item No. 15 be held for
separate discussion. Motion by Resnick to receive and file the
documents, adopt the resolutions, and dispose of as indicated
except for Item No. 15. Seconded by Roussell. Motion carried
7-0. After discussion began on Item No. 15, it was confirmed
that Council Member Wethal had intended to hold Item No. 14
for separate discussion. Council Member Resnick amended his
motion to receive and file the documents, adopt the
resolutions, and dispose of as indicated except for Item No.
14. Roussell seconded the amendment.
1. Minutes and Reports Submitted: Library Board of Trustees
Update of 5/26/22; Equity and Human Rights Commission Minutes
of 3/14/22 and 5/9/22; Zoning Advisory Commission Minutes of
6/l/22; Zoning Board of Adjustment Minutes of 5/26/22; Proof
of publication for City Council proceedings of 5/16/22. Upon
motion the documents were received and filed.
2. Notice of Claims and Suits: Toni Caselucio for property
damage, Calvin Gatch Jr. for property damage, and Jenna
Walleser for property damage and personal injury. 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: Toni Castelucio for Property Damage, Calvin Gatch Jr.
for Property Damage, Jenna Walleser for Personal Injury and
Property Damage. Upon motion the documents were received,
filed, and referred to the City Attorney.
4. Approval of City Expenditures: Upon motion the documents
were received and filed, and Resolution No. 223-22 Authorizing
the Director of Finance and Budget/City Treasurer to make
certain payments of bills that must be paid and approved for
payment in accordance with City procedures was adopted.
5. Summer 2022 City Focus Magazine: Upon motion the
documents were received and filed.
6. Dubuque Golf & Country Club Fireworks Permit: City
Manager recommended approval to issue a permit to the Dubuque
Golf and Country Club for a fireworks display on July 4, 2022.
Upon motion the documents were received, filed, and approved.
7. Jaycees Fireworks Permit Request: City Manager
recommended approval to issue a permit to the Dubuque Jaycees
for a fireworks display on July 3, 2022. Upon motion the
documents were received, filed, and approved.
8. Childcare Collaborative Efforts Update: Upon motion the
documents were received and filed.
9. Proposed Amendment to Existing Master Agreement and
Project Statement with Unite Private Networks (UPN.): Upon
motion the documents were received, filed, and approved.
10. Dubuque Area Labor Management Council - Contracted
Service Agreement: Upon motion the documents were received,
filed, and approved.
11. Dubuque Dream Center - Contracted Service Agreement:
Upon motion the documents were received, filed, and approved.
12. Dubuque Main Street - Contracted Service Agreement: Upon
motion the documents were received, filed, and approved.
13. Fountain of Youth - Contracted Service Agreement: Upon
motion the documents were received, filed, and approved.
14. Greater Dubuque Development Corp - Contracted Service
Agreement: Council Member Wethal announced that she was
abstaining from voting on this item due to her family
relationship with Greater Dubuque Development Corporation
President and CEO Rick Dickinson. Motion by Resnick and
receive and file the documents and approve the agreement.
Seconded by Jones. Motion carried 6-0 with abstention from
Wethal.
15. Inclusive Dubuque - Contracted Service Agreement: Upon
motion the documents were received, filed, and approved.
16. Project H.O.P.E. - Contracted Service Agreement: Upon
motion the documents were received, filed, and approved.
17. Travel Dubuque - Contracted Service Agreement: Upon
motion the documents were received, filed, and approved.
18. FY23 Purchase of Service Grant Recommendations: Upon
motion the documents were received and filed, and Resolution
No. 224-22 Authorizing Execution of FY23 Purchase of Services
Grant Agreements was adopted.
19. Dubuque Regional Humane Society Contract Renewal: Upon
motion the documents were received, filed, and approved.
20. Improvement Contracts / Performance, Payment, and
Maintenance Bonds: Keller North America, Inc. for the Mystique
Ice Center Settlement Remediation Project. Upon motion the
documents were received, filed, and approved.
21. Signed Contracts: 2022 American Cruise Lines Inc.
Executed Docking Agreements, 2022 American Celebration Bell
Executed Docking Agreements. Upon motion the documents were
received and filed.
22. ITC Midwest - Temporary Agreement: Upon motion the
documents were received and filed, and Resolution No. 225-22
Approving an Agreement Between the City of Dubuque and ITC
Midwest, LLC to Operate an Electric Transmission System in the
City of Dubuque was adopted.
23. Request to Convert One Maintenance Worker Position to an
Assistant Horticulturalist Position for The Park Division:
Upon motion the documents were received, filed, and approved.
24. Request to Change One Clerical Position Within Emergency
Communications Department from Part-time to Full Time: Upon
motion the documents were received, filed, and approved.
25. Pre -Annexation Agreement - Briarwood Homeowners
Association: Upon motion the documents were received and
filed, and Resolution No. 226-22 Approving a Pre -Annexation
Agreement between the City of Dubuque, Iowa and Briarwood
Homeowners Association of Dubuque County, Iowa was adopted.
26. Delinquent Garbage and Junk Collection Account: Upon
motion the documents were received and filed, and Resolution
No. 227-22 Adopting the Schedule of Assessments for 2022 and
Directing the City Clerk to Certify the Schedule of
Assessments to the County Treasurer and to Publish Notice
Thereof was adopted.
27. Final Plat of Survey - Country View Estates Plat 3: Upon
motion the documents were received and filed, and Resolution
No. 228-22 Approving the Final Plat of Survey of: Country View
Estates Plat 3, Dubuque County, Iowa was adopted.
28. First Amendment to CDBG Subrecipient Agreement between
the City of Dubuque and Dubuque Community School District:
Upon motion the documents were received and filed, and
Resolution No. 229-22 Authorizing the First Amendment to the
CDBG Subrecipient Agreement Between the city of Dubuque and
Dubuque Community School District was adopted.
29. Grant of Easement for Public Utilities over M&D Real
Estate 1, LLC: Upon motion the documents were received and
filed, and Resolution No. 230-22 Accepting a Grant of Easement
for Public Utilities Through, Over and Across Part of Lot
1-1-2-1-2-2-2-2-2 of the Ne 1/4 of the NE 1/4 of Section 28,
Township 89 North, Range 2 East of the 5th P.M., in the City
of Dubuque, Iowa was adopted.
30. Water Main Utility over Kennedy Mall Ltd. Property Grant
of Easement: Upon motion the documents were received and
filed, and Resolution No. 231-22 Accepting a Grant of Easement
for Water Main Utility Over and Across Part of Lot 1-1-1- 1-1
Of Hawkeye Stock Farm in Sections 27 and 28, Dubuque Township,
in the City of Dubuque, Dubuque County, Iowa was adopted.
31. Acceptance 2022 Stump Sidewalks Project Three: Upon
motion the documents were received and filed, and Resolution
No. 232-22 Accepting the 2022 Stumps / Sidewalks Project Three
and Authorizing the Payment to the Contractor was adopted.
32. Alcohol and Tobacco License Applications: Upon motion
the documents were received and filed, and Resolution No.
233-22 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;
and Resolution No. 234-22 Approving applications for retail
cigarette/tobacco sales/nicotine/vapor permits, as required by
Iowa Code Chapter 453A.47A were adopted.
ITEMS SET FOR PUBLIC HEARING
Motion by Roussell to receive and file the documents, adopt
the resolutions, and set the public hearings as indicated.
Seconded by Farber. Motion carried 7-0.
1. West 32nd St/NW Arterial Switch Homes Mozena Farms
Rezoning from AG to R-1 with Conditions: Upon motion the
documents were received and filed and Resolution No. 235-22
Setting a Public Hearing on Amending Title 16 of the city of
Dubuque Code of Ordinances, Unified Development Code, by
Reclassifying Hereinafter Described Property Located Between
32nd Street and Northwest Arterial (Parcel 1015276004) as
Shown on Rezoning Exhibit A from AG Agriculture District to
R-1 Single -Family Residential with Conditions was adopted
setting a public hearing for a meeting to commence at 6:30
p.m. on July 5, 2022 in the Historic Federal Building.
BOARDS/COMMISSIONS
Applications were reviewed for the following Boards and
Commissions. Applicants were invited to address the City
Council regarding their desire to serve on the following
Boards/Commissions.
Zoning Advisory Commission: One, 3-Year term through July 1,
2025 (Expiring term of Mulligan). Applicant: Matthew Mulligan,
1167 Hunters Rdg. This commission is subject to the State of
Iowa gender Balance Law. 7 Commissioners total; Currently 1
male / 3 females / 3 openings.
Appointments were made to the following boards/commissions.
Arts and Cultural Affairs Advisory Commission: Four, 3-Year
terms through June 30, 2025 (Expiring terms of Levasseur,
Decker, Riedel, and Halder). Applicants: Shirley Davis-Orwoll,
2635 West 32nd St.; Doug Donald, 2920 Arbor Oaks Ct.; Ali
Levasseur, 1318 Jackson St.; Nick Halder, 876 S. Grandview
Ave.; Aaliyah Herrion, 2761 Broadway St.; Susan Riedel, 282
Kellys Bluff; Brianna Thompson, 1691 Main St.; Miles Turner,
1129 Center Pl.
Upon roll call vote, Ms. Davis-Orwoll, Mr. Donald, Mr.
Halder, and Ms. Riedel were appointed to the three-year terms
through June 30, 2025. Ms. Davis-Orwoll received five votes
(Jones, Resnick, Farber, Roussell, Sprank); Mr. Donald
received four votes (Cavanagh, Jones, Farber, Sprank); Ms.
Levasseur received two votes (Cavanagh, Wethal); Mr. Halder
received five votes (Cavanagh, Wethal, Resnick, Farber,
Roussell, Sprank); Ms. Herron received two votes (Cavanagh,
Resnick); Ms. Riedel received five votes (Jones, Wethal,
Resnick, Farber, Roussell); Ms. Thompson received three votes
(Jones, Wethal, Sprank); and Mr. Turner received two votes
(Roussell, Sprank).
Library Board of Trustees: Two, 4-Year terms through July 1,
2026 (Expiring terms of Kramer and Poggemiller). Applicants:
Andrew Bland, 1227 Timber Hyrst Court; A. Alanda Gregory, 653
White St.; Nicole Klar, 2437 Matthew John Dr. - Application
pulled per applicant request. This commission is subject to
the State of Iowa gender Balance Law. 7 Commissioners total;
Currently 3 males / 2 females / 2 openings.
Upon City Council concurrence, Mayor Cavanagh appointed Mr.
Bland and Ms. Gregory to the four-year terms through July 1,
2026.
Civic Center Advisory Commission: Three, 3-Year terms
through June 29, 2025 (Expiring terms of Blau, Christner, and
Bakke). Applicants: Rob Bakke, 3030 Karen St.; Brenda
Christner, 655 Florence St.; Peter Gaul, 2021 Ellen St.;
McKenzie Blau, 1548 Pego Ct. Upon roll call vote, Mr. Bakke,
Ms. Christner, and Ms. Blau were appointed to the three-year
terms through June 29, 2025. All three applicants received
seven votes from City Council, respectively.
Equity and Human Rights Commission: One, 3-Year term through
January 1, 2023 (Vacant term of Gardiner); Two, 3-Year terms
through January 1, 2024 (Vacant terms of Merfeld and
McCarthy); One, 3-Year term through January 1, 2025 (Vacant
tern of Grant). Applicants: Carla Anderson, 1131 Main St;
Pamela Birch, 1550 Butterfields Dr.; Janelle Branch, 325 *
West 1st St.; Yindra Dixon, 251 Hidden Oaks Ct.; Aaliyah
Herrion, 2761 Broadway St.; Kristen Leffler, 159 Julien
Dubuque Dr.; Lauren Link, 535 West 5th St.; Candace Raymond,
1155 Tressa St.; Nina Streauslin, 3904 Cora Dr.; Nichole
Weber, 535 South Grandview Ave. This commission is subject to
the State of Iowa gender Balance Law. 9 Commissioners total;
Currently 3 males / 2 females / 4 openings.
Upon roll call vote, Ms. Dixon was appointed to the
three-year term through January 1, 2023. Ms. Link received one
vote (Cavanagh) and Ms. Dixon received the remaining six
votes.
Upon roll call vote, Ms. Branch and Ms. Herrion were
appointed to the three-year terms through January 1, 2024. Ms.
Anderson received two votes (Wethal, Resnick); Ms. Branch
received six votes (Cavanagh, Jones, Wethal, Farber, Roussell,
Sprank); Ms. Herrion received five votes (Jones, Resnick,
Farber, Roussell, Sprank); and Ms. Link received one vote
(Cavanagh).
Upon roll call vote, Ms. Anderson was appointed to the
three-year term through January 1, 2025. Ms. Anderson received
four votes (Jones, Wethal, Resnick, Roussell) and Ms. Link
received three votes (Cavanagh, Farber, Sprank).
Historic Preservation Commission: Two, 3-Year terms through
July 1, 2025 (Expiring terms of Stuter; West I Ith District and
Esser; Jackson Park District). Applicants: Janice Esser, 1072
Locust St. (Qualifies as Jackson Park District
Representative); Rick Stuter, 1296 Prairie St. (Qualifies as
West 1 lth District Representative). This commission is subject
to the State of Iowa gender Balance Law. 9 Commissioners
total; Currently 4 males / 3 females / 2 openings
Motion by Jones to appoint Ms. Esser and Mr. Storer to the
three-year terms through July 1, 2025. Seconded by Roussell.
Motion carried 7-0.
Investment Oversight Advisory Commission: One, 3-Year term
through July 1, 2025 (Expiring term of Merritt). Applicant:
Joshua Merritt, 2454 Pennsylvania Ave.
Motion by Roussell to appoint Mr. Merritt to the three-year
term through July 1, 2025. Seconded by Sprank. Motion carried
7-0.
Park and Recreation Advisory Commission: Three, 3-Year terms
through June 30, 2025 (Expiring terms of Werner, McCoy, and
Wood). Applicants: Gilbert Baca, 830 Southern Ave.; Josh
Jorgenson, 3030 Judson Crt. (Additional Applicant); Lori
011endick, 1390 Oak Park Pl.; Hobie Wood, 65 Cambridge Ct.
Upon roll call vote, Mr. Baca, Ms. 011endick, and Mr. Wood
were appointed to the three-year terms through June 30, 2025.
Mr. Baca received six votes (Jones, Wethal, Resnick, Farber,
Roussell, Sprank); Mr. Jorgenson received three votes
(Cavanagh, Roussell, Sprank); Ms. 011endick received five
votes (Cavanagh, Jones, Wethal, Resnick, Farber); and Mr. Wood
received all seven votes.
Resilient Community Advisory Commission: One, 3-Year term
through July 1, 2025 (Expiring term of Kohlhaas). Applicant:
Sandra Evans, 1276 South Grandview Ave.
Motion by Jones to appoint Ms. Evans to the three-year term
through July 1, 2025. Seconded by Resnick. Motion carried 7-0.
PUBLIC HEARINGS
1. State Revolving Fund (SRF) Environmental Review
Applications for Old Mill Road Lift Station and Force Main
project, Granger Creek Sanitary Sewer System, and Water System
Improvements: Motion by Resnick to receive and file the
documents and adopt Resolution No. 236-22 Approval of
Environmental Review as Provided by State Revolving Fund (SRF)
Loan - Environmental Review Old Mill Road Lift Station and
Force Main Project, Granger Creek Sanitary Sewer System
Improvements, and Water System Improvements 2022. Seconded by
Farber. Motion carried 7-0.
PUBLIC INPUT
Molly Grover, President and CEO of the Dubuque Area Chamber
of Commerce; and Rick Dickinson, President and CEO of Greater
Dubuque Development Corporation; respectively provided input
related to Action Item No. 1, stating the importance of
community growth and having adequate housing options.
City Clerk Breitfelder stated that input was received by
Ryan Sempf of the Dubuque Area Chamber of Commerce related to
Action Item No. 1. All other input received was related to
Item Set for Public Hearing No. 1, and therefore will be
submitted for the public hearing.
ACTION ITEMS
1. Request to Rezone West 32nd SVNW Arterial Switch Homes
Mozena Farms Rezoning from AG to R-4: 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 Sprank. City Council Members
expressed their support for the zoning change. Motion carried
7-0.
Motion by Jones for final consideration and passage of
Ordinance No. 22-22 Amending Title 16 of the city of Dubuque
Code of Ordinances, Unified Development Code, by Reclassifying
Hereinafter Described Property Located Between 32nd Street and
Northwest Arterial (Parcel 1015276004) from AG Agriculture
District to R-4 Multi- Family Residential District as Shown on
Rezoning Exhibit A. Seconded by Sprank. Motion carried 7-0.
2. Five Flags Civic Center Performance Update Presentation:
Motion by Roussell to receive and file the documents and view
the presentation. Seconded by Sprank. Five Flags General
Manager HR Cook made a presentation and responded to questions
from the City Council on regional competition and the
facilities needs. Motion carried 7-0.
3. National Disaster Resiliency Competition (NDRC) Bee
Branch Healthy Homes Resiliency Project Close -Out and
Accomplishments: Motion by Resnick to receive and file the
documents and view the presentation. Seconded by Sprank.
Housing & Community Development Director Alexis Steger made a
presentation. City Council Members commended city staff for
their efforts and the successful outcomes of the project.
Motion carried 7-0.
4. 2022 Emerald Ash Borer Community Forestry Grant Award:
Motion by Resnick to receive and file the documents and
approve the grant award. Seconded by Jones. Council Member
Roussell announced that she would abstain from voting due to
her role in the Dubuque Trees Forever organization, which
completed the grant application. Motion carried 6-0 with
abstention from Roussell.
5. "Delivering Dubuque' Video Series: Episodes One and Two:
Motion by Farber to receive and file the information and view
the videos. Seconded by Roussell. Media Services showed
episodes one and two of the 'Delivering Dubuque" video series.
Link to Episode One: https://youtu.be/AlGholwblug; Link to
Episode Two: https://youtu.be/ 1vByG-sF1PE. Motion carried
7-0.
6. Congratulations Class of 2022 Video: Motion by Resnick to
receive and file the information and view the video. Seconded
by Sprank. Media Services showed a video congratulating the
Class of 2022 graduates. Link to video:
https://youtu.beNDm43Jw-fpY. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Sprank reported on attending the Juneteenth
celebration held over the weekend and on the Pride picnic
occurring this upcoming Saturday.
Council Member Jones commended Dubuque County Sheriff Joe
Kennedy and the Dubuque County Board of Supervisors for
looking into hiring a social worker for the Dubuque County
Jail.
Council Member Resnick reported on the recent passing of
Council Member Jones mother.
CLOSED SESSION
Motion by Jones to convene in closed session at 8:39 p.m. to
discuss Purchase or Sale of Real Estate Chapter 21.5(1)0)
Code of Iowa. Seconded by Resnick. Mayor Cavanagh 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 Brumwell. Motion carried 7-0.
The City Council reconvened in open session at 9:33 p.m.
stating that staff had been given proper direction.
There being no further business, Mayor Cavanagh declared the
meeting adjourned at 9:34 p.m.
/s/Adrienne N. Breitfelder
City Clerk
It 6/29