Proof_City Council Proceedings 07.18.22Copyrighted
August 15, 2022
City of Dubuque Consent Items # 01.
City Council Meeting
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: City Council proceedings of 8/1/22 and 8/8/22; Historic Preservation
Commission of 7/21/22; Long Range Planning Advisory Commission of
7/20/22; Zoning Advisory Commission of 8/3/22; Zoning Board of
Adjustment of 7/28/22; Proof of publication for City Council proceedings
of 7/5/22 and 7/18/22.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
City Council Proceedings of 8/1/22 Supporting Documentation
City Council Proceedings of 8/8/22 Supporting Documentation
Historic Preservation Commission Minutes of 7/21/22 Supporting Documentation
Long Range Planning Advisory Commission Minutes of Supporting Documentation
7/20/22
Zoning Advisory Commission Minutes of 8/3/22 Supporting Documentation
Zoning Board of Adjustment Minutes of 7/28/22 Supporting Documentation
Proof of Publication for City Council Proceedings of Supporting Documentation
7/5/22
Proof of Publication for City Council Proceedings of Supporting Documentation
7/18/22
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:
07/27/2022
and for which the charge is 290.25
Su cribed to before me, a otary Public in a for
Dubuque County, Iowa,
this 27th day of July, 2022
Notary b is in and for Dubuque C unty, Iowa.
JANET K. PAPE
_ F31t�= Com miesion Number 199859
- Nly Comm. Exp. DEC 11, 2022
Ad text : CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 5:30 p.m.
on July 18, 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; City Manager Van Milligen
(virtually joined two minutes after the session began), City
Attorney Bramwell.
Mayor Cavanagh read the call and stated this is a special
session of the City Council called for the purpose of
conducting work sessions to receive updates from Fountain of
Youth and the Four Founds Foundation.
WORK SESSIONS (2)
1. FOUNTAIN OF YOUTH
Fountain of Youth Executive Director Caprice Jones and
Operations Manager Sarah Coble made a presentation on updates
to the organizations programs. Mr. Jones responded to
questions from the City Council following the presentation.
This work session concluded at 5:59 p.m.
2. FOUR MOUNDS FOUNDATION
Four Mounds Foundation Program Manager Becky Bodish and
Executive Director Jill Courtney made a presentation on the
foundations past, current, and future work and initiatives.
Ms. Courtney responded to questions from the City Council
following the presentation.
There being no further business, Mayor Cavanagh declared the
meeting adjourned at 6:16 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 July 18, 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; City Manager Van Milligen
(virtually joined and experienced technical difficulties at
the beginning of the meeting), City Attorney Bramwell.
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. Dubuque County Fair Week (July 26 - 31, 2022) was
accepted by Dubuque County Fairgrounds General Manager Kevin
Kotz on behalf of the Dubuque County Fair Association.
CONSENTITEMS
Motion by Resnick to receive and file the documents, adopt
the resolutions, and dispose of as indicated. Seconded by
Farber. Motion carried 7-0.
1. Minutes and Reports Submitted: 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. Upon motion the documents were received and
filed.
2. Notice of Claims and Suits: Patricia Quade 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: Bridget Heer for property damage; Patricia Quade for
property damage. Upon motion the documents were received,
filed, and concurred.
4. Approval of City Expenditures: Upon motion the documents
were received and filed, and Resolution No. 246-22 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. Creation of Assistant Director of Finance and Budget
Position: Upon motion the documents were received, filed, and
approved.
6. Resolution Approving Fund Transfers for Capital Projects
and Other Expense Reimbursements in Fiscal Year 2022 Period
13: Upon motion the documents were received and filed, and
Resolution No. 247-22 Authorizing the Director of Finance and
Budget to make the appropriate interfund transfers of sums and
record the same in the appropriate manner for the FY 2022 for
the City of Dubuque, Iowa was adopted.
7. Pre -annexation Agreement Patrick and Marion Marshall:
Upon motion the documents were received and filed, and
Resolution No. 248-22 Approving a Pre -Annexation Agreement
between the City of Dubuque, Iowa and Patrick and Marion
Marshall was adopted.
8. Intent to apply for Cities & Counties for Fines and Fee
Justice - Second Cohort Application: Upon motion the documents
were received and filed, and Resolution No. 249-22 Authorizing
the application for the Cities & Counties for Fines and Fee
Justice - Second Cohort Application and authorizing the
Leisure Services Manager and the City Manager to approve the
application was adopted.
9. America in Bloom (AIB) Community Profile Submission: Upon
motion the documents were received and filed.
10. Approval of Bunker Hill Golf Course Cart Five Year Lease
Agreement: Upon motion the documents were received, filed, and
approved.
11. Approval of Fiscal Year 2023 Special Services Grant
Program Agreement with Hills & Dales Senior Center and
Community Development Block Grant Agreement with the Four
Mounds Foundation: Upon motion the documents were received,
filed, and approved.
12. Growing Sustainable Communities Conference Keynote
Speaker Contract: City Manager recommended City Council
approval of a contract with Ana Garcia Doyle of One Earth Film
Festival as the breakfast keynote speaker on October 18, 2022,
at the 2022 Growing Sustainable Communities Conference. Upon
motion the documents were received, filed, and approved.
13. Recommendation for Regranting of GAPE Arts & Culture
Innovation and Implementation Grant Award: Upon motion the
documents were received, filed, and approved.
14. Letter of Support for Talon Developments Workforce
Housing Tax Credit Application to Iowa Economic Development
Authority: Upon motion the documents were received, filed, and
approved.
15. Tiffany Court - Lead Mine Sinkhole Remediation Project:
Acceptance of Public Improvement Construction Contract: Upon
motion the documents were received and filed, and Resolution
No. 250-22 Accepting the Tiffany Court - Lead Mine Sinkhole
Remediation Project and authorizing the payment to the
contractor was adopted.
16. ETALYC Partnership Statewide Transportation Innovation
Council (STIC) Grant Application: Upon motion the documents
were received, filed, and approved.
17. Liquor License Renewals: Upon motion the documents were
received and filed, and Resolution No. 251-22 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 was
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 Sprank. Motion carried 7-0.
1. Comiskey Park Phase 1 Redevelopment Project Initiate
Public Improvement Bidding Process and Set Public Hearing:
Upon motion the documents were received and filed and
Resolution No. 252-22 Comiskey Park Phase 1 Redevelopment
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 was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on August 1, 2022, in the
Historic Federal Building.
2. Resolution of Necessity for the Amendment of the Dubuque
Industrial Center Economic Development District Urban Renewal
Plan, Version 2022.2: Upon motion the documents were received
and filed and Resolution No. 253-22 Authorizing and directing
the City Manager to prepare an Amended and Restated Urban
Renewal Plan for the Dubuque Industrial Center Economic
Development District and setting dates for the public hearing
and consultation process on the proposed Amended and Restated
Urban Renewal Plan for said district was adopted setting a
public hearing for a meeting to commence at 6:30 p.m. on
September 6, 2022, in the Historic Federal Building.
3. Resolution of Necessity for the Amendment of the Dubuque
Industrial Center Economic Development District Urban Renewal
Plan, Version 2022.3: Upon motion the documents were received
and filed and Resolution No. 254-22 Authorizing and directing
the City Manager to prepare an Amended and Restated Urban
Renewal Plan for the Dubuque Industrial Center Economic
Development District, setting a date for the public hearing
and directing the consultation process on the proposed Amended
and Restated Urban Renewal Plan for said district was adopted
setting a public hearing for a meeting to commence at 6:30
p.m. on September 6, 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.
1. Housing Commission: One, 3-Year term through August 17,
2024 (Vacant term of Dalton) and two, 3-Year terms through
August 17, 2025 (Expiring terms of Baumhover and White).
Applicants: Rick Baumhover, 601 Garfield Ave.; Rick Merfeld,
2718 Andrew Ct.; and Margie White, 3197 Highland Park Dr. Mr.
Baumhover spoke in support of his application and provided a
brief biography.
Appointments were made to the following boards/commissions.
1. Investment Oversight Advisory Commission: One 3-Year term
through July 1, 2025 (Expired Term of Ruden) Applicant: Gary
Roden, P.O. Box 835 - Address verified to be within corp. city
limits. Motion by Jones to appoint Mr. Ruden to the three-year
term through July 1, 2025. Seconded by Sprank. Motion carried
7-0.
2. Resilient Community Advisory Commission: Two, 3-Year
terms through July 1, 2025 (Vacant term of Sanger and Expired
term of Chamberland). Applicants: Joshua Chamberland, 2145
Delaware St. (Additional Applicant); Jacob Kohlhaas, 1125
Richards Rd. Motion by Roussell to appoint Mr. Chamberland and
Mr. Kohlhaas to the two three-year terms through July 1, 2025.
Seconded by Farber. Motion carried 7-0.
PUBLIC HEARINGS
1. Request to Rezone 620 South Grandview & 333 Bryant
Street: 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. Planning Services Manager Wally Wernimont made a
presentation. City Council Members expressed support for the
proposed development of the property. Motion carried 7-0.
Motion by Jones for final consideration and passage of
Ordinance No. 24-22 Amending Title 16 of the Unified
Development Code of the City of Dubuque Code of Ordinances by
reclassifying hereinafter described property located at 620 S.
Grandview Avenue and 333 Bryant Street from C-1 Neighborhood
Commercial and R-3 Moderate Density Multiple -Family
Residential to PUD Planned Unit Development District with a PC
Planned Commercial Designation and adopting a Conceptual
Development Plan. Seconded by Resnick. Motion carried 7-0.
2. Amendment to Westmark Planned Unit Development for 1515
Delhi Street, Suite 100: Motion by Roussell 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 Farber. Planning Services
Manager Wally Wernimont provided a staff report and responded
to questions regarding signage size limits and shut-off time
requirements for illuminated signs. Motion carried 7-0.
Motion by Roussell for final consideration and passage of
Ordinance No. 25-22 Amending Title 16 of the Unified
Development Code of the City of Dubuque Code of Ordinances by
rescinding Ordinance 34-21 which provides regulations for a
PUD Planned Unit Development District with a PC Planned
Commercial Designation for the Westmark Corporate Center and
adopting amended PUD Ordinance to allow internally illuminated
secondary signs. Seconded by Farber. Motion carried 7-0.
3. Resolution Approving a Proposed Development Agreement by
and among the City of Dubuque, Iowa, Green Industrial
Properties, L.L.C., Innovation Properties, L.L.C., and Green
Industrial Supply, Inc. for the Issuance of Urban Renewal Tax
Increment Revenue Grant Obligations Pursuant to the
Development Agreement: Motion by Resnick to receive and file
the documents and adopt Resolution No. 255-22 Approving a
Development Agreement by and among the City of Dubuque, Green
Industrial Properties, L.L.C., Innovation Properties, L.L.C.,
and Green Industrial Supply, Inc., including the issuance of
Urban Tax Increment Revenue Obligations to Green Industrial
Supply, Inc. Seconded by Jones. City Clerk Breitfelder stated
that Susan Price submitted written input. Motion carried 7-0.
4. Sale of City -owned property at 917 Garfield Avenue:
Motion by Sprank to receive and file the documents and adopt
Resolution No. 256-22 Disposing of city interest in real
estate located at 917 Garfield Avenue, in the City of Dubuque,
Iowa. Seconded by Jones. Motion carried 7-0.
PUBLIC INPUT
Regarding Action Item No. I, Kristen and Steve Vaassen, 2319
Manson Rd.; Jim Kieffer, 8056 Southern Hill Cir.; and Jan
Bell, 2333 Manson Rd., spoke in support of approving the plat.
Peter Arling, 1744 Creekwood Dr., also serving as legal
counsel on behalf of Matthew Horsfield; Bob Hartig, 1804
Creekwood Dr.; Larry Vogt, 1750 Creek -wood Dr.; David Curtis,
legal counsel on behalf of Greg and Christie McCoy, 1834
Creekwood Dr.; and Nathan Duccini, 1605 Manson Rd., spoke in
opposition to the proposed plat.
Regarding Action Item No. 2, Rick Dickinson, President and
CEO of Greater Dubuque Development Corporation, spoke in
support of the citys proposed funding allocation to the Dream
Center.
ACTION ITEMS
1. Plat of Survey of Annabel Lee Barn Lot: Motion by Resnick
to receive and file the documents and adopt Resolution No.
257-22 Approving the Plat of Survey of: Annabel Lee Barn Lot,
in the City of Dubuque, Dubuque County, Iowa. Seconded by
Farber. Planning Services Manager Wally Wetnimont made a
presentation and responded to questions regarding the
definition of residential units, regulations on short-term
rentals, the citys noise ordinance, the plat review process,
and the different aspects of the various plat requests of this
property. City Council Members discussed their limitations on
regulating short-term rentals based on state code, the options
residents have for reporting noise complaints, and the
differences between this plat request and previous plat
requests for the property. Motion carried 7-0.
2. City Support for Dream Center Acquisition of Fulton
School and Support for State of Iowa Future Ready Iowa Grant
Application: City Manager recommended City Council approval of
an allocation of $300,000 to the Dream Center to include
toward their bid to acquire Fulton School from the Dubuque
Community School District. Motion by Roussell to receive and
file the documents and approve the recommendation. Seconded by
Sprank. City Council Members expressed their support for the
Dream Centers proposed expansion and encouraged the Dubuque
Community School District to sell Fulton School to the Dream
Center for one dollar. Motion carried 7-0.
3. East-West Corridor Moratorium Extension: 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 Roussell. Motion
carried 7-0.
Motion by Jones for final consideration and passage of
Ordinance No. 26-22 Amending City of Dubuque Code of
Ordinances Title 14 Building and Development, Chapter 2
Building Construction, Demolition and Moving, Section 14-2-4
Moratorium for Construction or other work on certain Streets,
Areas, or Facilities. Seconded by Roussell. Motion carried
7-0.
4. Work Session Request: Environmental Protection Agency
Reuse Study City -Owned 5th Street Site in the Port of Dubuque:
Motion by Roussell to receive and file the documents and
schedule the work session for Monday, July 25, 2022, at 7:00
p.m. Seconded by Resnick. Council Members Farber and Jones
stated that they will not be able to attend due to scheduling
conflicts. Motion carried 7-0.
5. Work Session Request: Police Taser Implementation: Motion
by Jones to receive and file the documents and schedule the
work session Monday, October 3, 2022, at 5:30 p.m. Seconded by
Sprank. No schedule conflicts were expressed. Motion carried
7-0.
6. Delivering Dubuque Video: Northwest Arterial State of
Good Repair Project: Motion by Farber to receive and file the
documents and view the video. Seconded by Resnick. Media
services displayed a video of the Northwest Arterial State of
Good Repair Project as part of the "Delivering Dubuque" video
series. Link to video: https://youtu.be/x4zxfn5isFY. Motion
carried 7-0.
CLOSED SESSION
Motion by Jones to convene in closed session at 8:59 p.m. to
discuss Purchase or Sale of Real Estate Chapter 21.5(1)()
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 9:20 p.m.
stating that staff had been given proper direction.
There being no further business, Mayor Cavanagh declared the
meeting adjourned at 9:20 p.m.
/s/Adrienne N. Breitfelder
City Clerk
It 7/27