Proof_City Council Proceedings 07.05.22Copyrighted
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:
07/13/2022
and for which the charge is 266.88
Subscribed to before me, a Lary Public i for
Dubuque County, Iowa,
this 13th day of July, 2022
P
Notary v
lic in and for Dubuque C mty, Iowa.
JANET K. PAPE
z Commieslon Number 199659
,My Comm. Ezp, 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 5, 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
(participated virtually), City Attorney Brumwell.
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 on Sustainable Dubuque.
WORK SESSION
SUSTAINABLE DUBUQUE QUARTERLY UPDATE
Sustainability Coordinator Gina Bell made a presentation and
led the City Council in an activity. Julia Stierman and Grace
Kann, Interns for the Sustainability Office, also presented.
Ms. Bell responded to questions from the City Council
following the presentation.
There being no further business, Mayor Cavanagh declared the
meeting adjourned at 6:19 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 5, 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
(participated virtually), City Attorney Brumwell.
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
PRESENTATION(S)
1. COVID-19 Update: Public Health Specialist Mary Rose
Corrigan provided an update on the COVID-19 pandemic and
response activities.
2. American Heart Association's 2022 Mission: Lifeline EMS
Gold Plus Award Recognition: Fire Chief Amy Scheller and EMS
Supervisor Sam Janecke recognized the Fire Department for
receiving the American Heart Association's 2022 Mission:
Lifeline EMS Gold Plus Award.
3. Young Southeast Asian Leaders Initiative Professional
Fellows Program (YSEALI PFP): Assistant City Manager Cori
Burbach introduced the city's two fellows hosted through the
Young Southeast Asian Leaders Initiative Professional Fellows
Program (YSELI PFP): Hieu Nguyen and Siti Hajar Mohammad. Ms.
Mohammad and Mr. Nguyen provided brief biographies to the City
Council.
4. Employee SPIRIT Awards Recognition: City Manager Van
Milligen and Assistant City Manager Burbach made a
presentation on the City of Dubuque SPIRIT Awards.
Service: The Consider It Done Award: Sam Janecke (Fire
Department)
People: The Highest of High Fives. Award: Bill Gansen, Jim
Herbst, Dan Mayne, and Lenisha West (Dubuque Metropolitan Area
Solid Waste Agency)
Integrity: The Constant Contributor Award: Kelly Larson
(Human Resources Department)
Responsibility: The Macgyver Award: John Liphart
(Engineering Department)
Innovation: The Big Bang Award: Arielle Swift (Public Works
Department)
Teamwork: The Cloud 9 Collaborator Award: Temwa Phiri
(Office of Shared Prosperity & Neighborhood Support)
Circle of Excellence Award Winners:
Todd Dalsing and the entire Dubuque Airport Team
Kristen Dietz (Leisure Services Department)
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 6/06/22, 06/20/22, and 06/27/22; Five Flags Civic Center
Advisory Commission of 6/27/22; Proof of publication for City
Council proceedings of 6/6/22. Upon motion the documents were
received and filed.
2. Notice of Claims and Suits: Bridget Heer for property
damage. Upon motion the documents were received, filed, and
referred to the City Attorney.
3. Approval of City Expenditures: Upon motion the documents
were received and filed, and Resolution No. 237-22 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.
4. Pre -Annexation Agreement - Mines of Spain: Upon motion
the documents were received and filed, and Resolution No.
238-22 Approving a Pre -Annexation Agreement between the City
of Dubuque, Iowa and State of Iowa (Mines of Spain) was
adopted.
5. Civil Service Commission - Certified List: Civil Service
Commission submitted the certified list for the position of
Assistant Chief of Police. Upon motion the documents were
received, filed, and made a Matter of Record.
6. Second Amendment to Grant Agreement Between the City of
Dubuque and Real Property Investments, LLC for the
Rehabilitation of 1540 Central Avenue: Upon motion the
documents were received and filed, and Resolution No, 239-22
Approving the Second Amendment to Grant Agreement between the
City of Dubuque, Iowa and Real Property Investments, LLC was
adopted.
7. Approving a Second Amendment to a Development Agreement
between the City of Dubuque and Kretschmer, LLC to Redevelop
Property at 220 E 9th Street: Upon motion the documents were
received and filed, and Resolution No. 240-22 Approving the
Second Amendment to Development Agreement by and between the
City of Dubuque, Iowa and Kretschmer, LLC was adopted.
8. 2022 Asphalt Overlay Access Ramp Project 1: Upon motion
the documents were received and filed, and Resolution No.
241-22 Accepting the 2022 Asphalt Overlay Access Ramp Project
1 and authorizing the payment to the contractor was adopted.
9. Improvement Contracts / Performance, Payment and
Maintenance Bonds: Gansen Excavating, Inc. for the Mystique
Ice Arena: Arena Rink Excavation and Demolition Project;
McDermott Excavating for the Park Department Waterline Project
- 6'DIP Watermain. Upon motion the documents were received,
filed, and approved.
10. Signed Contract(s): Vendor Service Agreement with
Compass Minerals America Inc. for Public Works Ice Control
Road Salt:: Project 22-23-00; Lease Agreement with Dubuque
Water Sports Club; Vendor Service Agreement with Toter LLC for
Toter Carts; Vendor Service Agreement with Wenzel Towing for
the Towing Service Contract. Upon motion the documents were
received and filed.
11. Lease and proposed Amendment to I -NET agreement between
the City of Dubuque and MCC Iowa LLC (Mediacom): Upon motion
the documents were received, filed, and approved.
12. Ratification of the July 1, 2022, Teamsters Local Union
No. 120 and Teamsters Local Union No. 120 (Bus Operators)
Collective Bargaining Agreements: Upon motion the documents
were received, filed, and approved.
13. Liquor License Renewals: Upon motion the documents were
received and filed, and Resolution No. 242-22 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 Resnick to receive and file the documents, adopt
the resolutions, and set the public hearings as indicated.
Seconded by Roussell. Motion carried 7-0.
1. Resolution Setting a Public Hearing on 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. Upon motion the
documents were received and filed and Resolution No. 243-22
Fixing the date for a public hearing of the City Council of
the City of Dubuque, Iowa on the proposed 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 proposed issuance of
Urban Renewal Tax Increment Revenue Grant Obligations to Green
Industrial Supply, Inc., and providing for the publication of
notice thereof was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on July 18, 2022, in the
Historic Federal Building.
2. Sale of City -owned property at 917 Garfield Avenue: Upon
motion the documents were received and filed and Resolution
No. 244-22 Intent to dispose of an interest in City of Dubuque
real estate to Kellhoff Properties LLC., setting a time and
place for hearing, and providing for the publication of notice
thereof was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on July 18, 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. 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.
2. Resilient Community Advisory Commission: One, 3-Year term
through July 1, 2025 (Vacant term of Sanger). Applicant: Jacob
Kohlhaas, 1125 Richards Rd.
Appointments were made to the following boards/commissions.
1. Zoning Advisory Commission: Two, 3-Year terms through
July 1, 2025 (Expiring terms of Norton and Mulligan).
Applicants: Patrick Norton, 920 Valentine Dr. (Additional
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.
Motion by Jones to appoint Mr. Norton and Mr. Mulligan to
the three-year terms through July 1, 2025. Seconded by Sprank.
Motion carried 7-0.
PUBLIC HEARINGS
1. West 32nd St/NW Arterial Switch Homes Mozena Farms
Rezoning from AG to R-1 with Conditions: 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. Planning Services
Manager Wally Wernimont made a presentation. Paul Baker, 2945
Brneck Rd.; Eric Lucy, 2736 Tiffany Ct.; Jennifer Steins,
2733 Tiffany Ct.; and Janelle Cox, 2742 Tiffany Ct., spoke in
opposition to the rezoning, respectively. Rick Dickinson of
Greater Dubuque Development Corporation, Project Developer
Matthew Mulligan, 1167 Hunters Rdg.; and Molly Grover, of the
Dubuque Area Chamber of Commerce, all spoke in support of the
ordinance, respectively. City Clerk Breitfelder announced that
written input was received from the following individuals:
Dennis Welu, 2693 Tiffany Ct.; James Gantz, 12241 Forest
Meadow Dr.; Sandy and Ray Herzog, 2717 Tiffany Ct.; Ryan Sempf
of the Dubuque Area Chamber of Commerce; Molly Grover of the
Dubuque Area Chamber of Commerce; Eric Lucy, 2736 Tiffany Ct.;
and Andrew Carroll. Mr. Wenimont responded to questions from
the City Council regarding subdivision renamings and the
availability of the traffic study once completed. Mr.
Wernimont stated that the completed traffic study would be a
public document. City Council Members spoke in support of the
ordinance and discussed the traffic study and rezoning
process. Motion carried 7-0.
Motion by Jones for final consideration and passage of
Ordinance No. 23-22 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) as shown on Rezoning
Exhibit A from AG Agriculture District to R-1 Single -Family
Residential with conditions. Seconded by Roussell. Motion
carried 7-0.
2. Fiscal Year 2023 Community Development Block Grant Annual
Action Plan: Motion by Roussell to receive and file the
documents and adopt Resolution No. 245-22 Adopting the Fiscal
Year 2023 (Program Year 2022) Community Development Block
Grant (CDBG) Annual Action Plan for inclusion in the city
budget. Seconded by Farber. Mayor Cavanagh announced a recess
at 8:41 p.m. and reconvened the meeting for the vote at 8:43
p.m. Motion carried 7-0.
PUBLIC INPUT
Beverly Johnson, 902 Althauser Ave., spoke about a
deteriorating wall located behind her property and provided
photographs of its condition. Ms. Johnson stated that she has
been in contact with the citys Engineering Department
regarding the walls repair.
ACTION ITEMS
1. Fiscal Year 2023 Arts & Culture Special Projects Funding
Recommendation: Motion by Roussell to receive and file the
documents and approve the recommendation. Seconded by Jones.
Motion carried 7-0.
2. Smart Parking & Mobility Management Plan Development and
Implementation Project: Consultant Selection Recommendation:
Motion by Sprank to receive and file the documents and approve
the recommendation. Seconded by Jones. Transportation Services
Director Ryan Knuckey responded to a question from the City
Council regarding technology options for the project. Motion
carried 7-0.
3. Request to Reschedule Five Flags Work Session: Motion by
Jones to receive and file the documents and reschedule the
work session from July 11, 2022, to Monday, October 24, 2022,
at 6:00 p.m. Seconded by Resnick. No schedule conflicts were
expressed. Leisure Services Manager Marie Ware and City
Manager Van Milligen responded to questions from the City
Council regarding the options that will be considered in the
consultants review. City Attorney Brumwell responded to a
question regarding the referendum process and stated that she
would provide additional detail to the City Council on state
code requirements for a referendum. Motion carried 7-0.
4. Work Session Request: Fountain of Youth: Motion by
Roussell to receive and file the documents and schedule the
work session for Monday, July 18, 2022, at 5:30 p.m. Seconded
by Farber. No schedule conflicts were expressed. Motion
carried 7-0.
5. Work Session Request: South Port Redevelopment Concept:
Motion by Resnick to receive and file the documents and
schedule the work session for Monday, July 25, 2022, at 6:00
p.m. Seconded by Sprank. Council Members Farber and Jones both
stated they will be unavailable to attend due to scheduling
conflicts. Motion carried 7-0.
6. Work Session Request: Federal and State Grant Update:
Motion by Jones to receive and file the documents and schedule
the work session for Monday, August 15, 2022, at 5:30 p.m.
Seconded by Sprank. No schedule conflicts were expressed.
Motion carried 7-0.
7. Jackson Park Beautification Video: Motion by Sprank to
receive and file the information and view the video. Seconded
by Jones. Media Services showed a video on recent efforts of
neighbors and community members beautifying Jackson Park. Link
to video: https://www.youtube.conVwatch?v=suZoXG-GW L8. Motion
carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Sprank reported on attending the Pride Family
Picnic and thanked the Multicultural Family Center for hosting
the event.
Council Member Farber thanked Police Chief Jeremy Jensen and
the Dubuque County Sheriff for their participation at a recent
virtual simulation training.
Council Member Resnick and Mayor Cavanagh both reported on
the recent opening of the Bee Branch Creek pedestrian tunnels.
Council Member Wethal thanked Carla Anderson for assisting
her in scheduling her first town hall meeting on June 29th.
CLOSED SESSION
Motion by Jones to convene in closed session at 9:10 p.m. to
discuss Purchase or Sale of Real Estate Chapter 21.5(1)0)
Code of Iowa. Seconded by Resnick. Point of information by
City Attorney Brumwell that the motion should include Pending
Litigation Chapter 21.5(1)(c) Code of Iowa, as that section
is also listed on the agenda. Motion amended by Jones. 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 Bramwell. Motion carried 7-0.
The City Council reconvened in open session at 9:44 p.m.
stating that staff had been given proper direction.
There being no further business, Mayor Cavanagh declared the
meeting adjourned at 9:44 p.m.
/s/Adrienne N. Breitfelder
City Clerk
It 7/13