Proof_City Council Proceedings 09.06.22City of Dubuque Consent Items # 01.
City Council Meeting
ITEM TITLE: Minutes and Reports Submitted
SUMMARY:
SUGGESTED
DISPOSITION:
ATTACHMENTS:
Description
Copyrighted
October 17, 2022
City Council Proceedings of 10/03/22; Library Board of Trustees Update
of 9/22/22; Zoning Advisory Commission of 10/5/22; Zoning Board of
Adjustment of 09/22/22; Proofs of Publication for City Council
Proceedings of 09/06/22, 09/19/22, and Precinct Boundary Changes.
Suggested Disposition: Receive and File
City Council Proceedings of 10/03/22
Library Board of Trustees Update of 9/22/22
Zoning Advisory Commission Minutes of 10/5/22
Zoning Board of Adjustment Minutes of 9/22/22
Proof of Publication for City Council Proceedings of
09/06/22
Proof of Publication for City Council Proceedings of
09/ 19/22
Type
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Proof of Publication for Precinct Boundary Changes Supporting Documentation
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
1, 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:
09/16/2022
and for which the charge is 336.52
Su scribed to before e, a Notary Pub ' and for
Dubuque County, Iowa,
this 20th day of September, 2022
Notary Pu d
in and for Dubuque Coi ty, Iowa.
JANET K. PARE
e�= Commission Number 199559
My Comm. Exp. DEC 11, 2022
Ad text : CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m.
on September 6, 2022, in the second -floor Council Chambers of
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Cavanagh; Council Members Farber, Jones,
Resnick (attended virtually), Roussell, Sprank, Wethal; City
Manager Van Milligen, 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
SWEARING IN
1. Mayor Pro Tem Swearing -In: Mayor Cavanagh swore -in Mayor
Pro Tem Laura J. Roussell.
PRESENTATION(S)
1. COVID-19 Update: Public Health Director Mary Rose
Corrigan provided an update on the COVID-19 pandemic and
response activities.
2. Crescent Community Health Center: Dancing with the Stars
Recognition: Gary Collins, Chief Executive Officer for
Crescent Community Health Center, presented Community
Engagement Coordinator Temwa Phiri with an award for helping
to educate and create awareness for Crescent Community Health
Center through the Dubuque Area Chamber of Commerce's Dancing
with the Stars event.
PROCLAMATION(S)
1. Direct Support Professional Recognition Week (September
11-17, 2022) was accepted by Community Services Director Kara
Huss, Chief Operating Officer Brooke Gomez, and CEO Jack
Mescher on behalf of Hills & Dales.
CONSENTITEMS
Motion by Jones 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 8/15/22, 8/22/22, 8/23/22, and 8/24/22; Civil Service
Commission of 5/31/22, 8/15/22, and 8/19/22; Equity and Human
Rights Commission of 7/11/22; Historic Preservation Commission
of 8/18/22; Housing Appeals and Mediation Board of 4/19/22 and
6/21/22; Housing Commission of 7/26/22; Proof of publication
for City Council proceedings of 7/25/22, 8/1/22, 8/8/22, and
8/15/22. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Alex Ready for property
damage; Pamela Straka for personal injury; Nathan and Amanda
Salzmann 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: Alex Ready for property damage; Nathan and Amanda
Salzmann for property damage; Pamela Straka for personal
injury. 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. 282-22 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. 4800 ASBURY ROAD DUBUQUE IA LLC and HY-VEE INC. vs. City
of Dubuque Board of Review Stipulation of Settlement: Upon
motion the documents were received and filed.
6. Butler Children Garden Foundation: City Attorney
recommended City Council approval of an agreement with the
Butler Childrens Garden Foundation that provides access and
parking in the Citys Marshall Park to facilitate construction
of a public childrens garden on land currently owned by the
Dubuque YMCA and access and parking following completion. Upon
motion the documents were received, filed, and approved.
7. Letter of Support Grayfield Tax Credit for 249 West Ist
Street: Upon motion the documents were received, filed, and
approved.
8. Letter of Support Grayfield Tax Credit for 799 Main
Street: Upon motion the documents were received, filed, and
approved.
9. Letter of Support Grayfield Tax Credit for 346-348 West
Locust Street: Upon motion the documents were received, filed,
and approved.
10. Housing Commission Appointment of Liaison to Housing
Trust Fund Advisory Committee: Housing Commission requested
City Council approval to appoint Commissioner Rick Baumhover
as the Housing Commission Liaison to the Housing Trust Fund
Advisory Committee. Upon motion the documents were received,
filed, and approved.
11. Housing Commission Appointment of Liaison to Community
Development Advisory Commission: Housing Commission requested
City Council approval to appoint Commissioner Renee Kehoe as
the Housing Commission Liaison to the Community Development
Advisory Commission. Upon motion the documents were received,
filed, and approved.
12. Grass and Weed Cutting and Garbage Collection
Assessments: Upon motion the documents were received and
filed, and Resolution No. 283-22 Authorizing the City to
collect delinquent grass and weed cutting and garbage
collection charges in accordance with Title 6-4-3A and Title
6-8-2 of the Code of Ordinances of the City of Dubuque, Iowa
was adopted.
13. 2022 Justice Assistance Grant (JAG): Notice of
Application: Upon motion the documents were received, filed,
and approved.
14. Final Plat of Silver Oaks Estates No. 3: Upon motion the
documents were received and filed, and Resolution No. 284-22
Authorizing approval of the Final Plat of Silver Oaks Estates
No. 3 in the City of Dubuque, Iowa was adopted.
15. Signed Contract(s): Task Order 1 with MSA Professional
Services, Inc., for the Briarwood Subdivision Water
Connection; First Amendment to Lease Agreement with Hendricks
Feed & Seed Co., INC.; HDR Engineering, INC., for the City of
Dubuque Waste Diversion Project; James Orr Coating Inspection,
LLC for multiple water tank inspections; Origin Design Co. for
the Ice Harbor Flood Gate Fender Replacement; Amendment No. I
with Strand Associates for the Water Treatment Plan and Water
Distribution System Supervisory Control and Data Acquisition
System Upgrade. Upon motion the documents were received and
filed.
16. Improvement Contracts / Performance, Payment and
Maintenance Bonds: D&D Concrete, Inc. for the 2022 Asphalt
Overlay Ramp Project Four; Portzen Construction, Inc. for the
Comiskey Park - Phase 1 Redevelopment Project. Upon motion the
documents were received, filed, and approved.
17. Public Works Department Staffing Change Request: City
Manager recommended City Council approval of a full-time
Public Works Administrative Assistant (GE-25) which would
increase the Public Works personnel complement by 1.00
full-time equivalent. Upon motion the documents were received,
filed, and approved.
18. Acceptance of Grant of Easement for Sanitary Sewer
Utility from IADU Table Mound MHP, LLC, in Dubuque County, as
Part of the Sanitary Sewer Improvements - Table Mound System
Project: Upon motion the documents were received and filed,
and Resolution No. 285-22 Accepting a Grant of Easement for
Sanitary Sewer Utility across parts of Lot 2 of the North Half
of the Northeast Quarter, and Lot 43 and Lot 44 of Kerrigan
Road Heights, all in Section 12, T88N, R2E, of the 5th PM,
Dubuque County Iowa was adopted.
19. Acceptance of Grant of Easement for Sanitary Sewer
Utility from Table Mound Expansion, LLC, in Dubuque County, as
Part of the Sanitary Sewer Improvements -Table Mound System
Project: Upon motion the documents were received and filed,
and Resolution No. 286-22 Accepting Grant of Easement for
Sanitary Sewer Utility Across parts of Lot 1 of Table Mound
Acres, Dubuque County, Iowa was adopted.
20. City Life Brochure: Upon motion the documents were
received and filed.
21. Proposed License Agreement between the City of Dubuque
and ImOn Communications LLC: Upon motion the documents were
received, filed, and approved.
22. Radio Dubuque Fireworks Request 2023: Correspondence
from Perry Mason, General Manager for Radio Dubuque,
requesting approval for Radio Dubuque and the Dubuque Jaycees
to conduct a fireworks display on Monday, July 3rd, 2023 from
9:00 p.m. to 10:30 p.m. on Volunteer Road between Hawthorne
and Lime in conjunction with the closure of indicated streets
and A.Y. McDonald Park as part of a special event request. The
rain date is July 4th. Upon motion the documents were
received, filed, and approved.
23. Alcohol and Tobacco License Applications: Upon motion
the documents were received and filed, and Resolution No.
287-22 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. 288-22 Approving applications for retail
cigarette/tobacco sales/nicotine/ vapor permits, as required
by Iowa Code Chapter 453A.47A were adopted.
BOARDS/COMMISSIONS
Appointments were made to the following boards/commissions.
Airport Commission: Two, 4-Year terms through September 14,
2026 (Expiring terms of Blocker and Philips). Applicants:
Robert Blocker, 880 Kane St. Michael Phillips, 955 Washington
St. This commission is subject to the State of Iowa Gender
Balance Law. 5 Commissioners total; Currently I male / 2
females / 2 openings. Motion by Jones to appoint Mr. Blocker
and Mr. Phillips to the two respective four-year terms through
September 14, 2026, Seconded by Roussell. Motion carried 7-0.
Zoning Advisory Commission: One, 3-Year term through July 1,
2024 (Vacant term of Sweet). Applicant: Ryan Sempf, 7819
Commerce Park. This commission is subject to the State of Iowa
Gender Balance Law. 7 Commissioners total; Currently 3 males /
3 females / 1 opening. Motion by Roussell to appoint Mr. Sempf
to the three-year term through July 1, 2024. Seconded by
Sprank. Motion carried 7-0.
PUBLIC HEARINGS
1. Resolution of Adoption for the Amendment of the Dubuque
Industrial Center Economic Development District Urban Renewal
Plan, Version 2022.2: Motion by Jones to receive and file the
documents and adopt Resolution No. 289-22 Approving the
Amended and Restated Urban Renewal Plan, Version 2022.2, for
the Dubuque Industrial Center Economic Development District.
Seconded by Farber. Motion carried 7-0.
2. Resolution of Adoption for the Amendment of the Dubuque
Industrial Center Economic Development District Urban Renewal
Plan, Version 2022.3: Motion by Roussell to receive and file
the documents and adopt Resolution No. 290-22 Approving the
Amended and Restated Urban Renewal Plan, Version 2022.3, for
the Dubuque Industrial Center Economic Development District.
Seconded by Sprank. Motion carried 7-0.
3. Carnegie -Stout Library Roofs I & 2 Restoration Project
Public Hearing: Motion by Jones to receive and file the
documents and adopt Resolution No. 291-22 Approval of plans,
specifications, form of contract, and estimated cost for the
Carnegie -Stout Roofs 1 & 2 Restoration Project. Seconded by
Farber. Motion carried 7-0.
PUBLIC INPUT
Lynn Sutton, 859 Air Hill; Jeff Lenhart, 1085 Main St.; Rick
Mihm, 398 Main St., Nino Erba, 180 W. 15th St.; and Tom
LoGuidice, 786 Stone Ridge Place, spoke in opposition to
Action Item No. 6, respectively, and requested that City
Council table the item.
City Clerk Breitfelder reported that written input was
received from Gail Weitz, 1630 Lori Ct.; Luis Del Toro, 901
Gilliam St.; Heather LuGrain, I I I I Bluff St.; and Erica
Haugen, 1655 S. Grandview, in opposition to Action Item No. 6.
ACTION ITEMS
1. Greater Dubuque Development Corporation - Quarterly
Update: Motion by Jones to receive and file the documents and
listen to the presentation. Seconded by Roussell. President
and CEO Rick Dickinson presented the quarterly update on the
activities of the Greater Dubuque Development Corporation and
responded to questions from the City Council. Motion carried
7-0.
2. Housing Creation Incentives Staff Recommendations: Motion
by Jones to receive and file the documents and adopt
Resolution No. 292-22 Authorizing the City Manager to offer
and amend Housing Development Incentives. Seconded by Farber.
Housing and Community Development Director Alexis Steger made
a presentation. Ms. Steger and City Manager Van Milligen
responded to questions from the City Council regarding
additional incentive opportunities and communications with
city partners. Motion carried 6-0 with Council Member Resnick
unable to vote due to technical difficulties.
3. Amending Tax Increment Ordinance 21-22 for the Dubuque
Industrial Center Economic Development District, as amended by
Version 2022.2 of the Amended and Restated Plan: 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.
Council Member Resnick continued to experience audio issues
and requested to vote via GoToMeeting chat, then Assistant
City Manager Cori Burbach would announce his vote. City
Attorney Brumwell confirmed that process was acceptable.
Motion carried 7-0.
Motion by Jones for final consideration and passage of
Ordinance No. 27-22 Amending Ordinance No. 21-22, previously
amended, providing that General Property Taxes levied and
collected each year on all property located within the Amended
and Restated Dubuque Industrial Center Economic Development
District Urban Renewal Area of the City of Dubuque, County of
Dubuque, State of Iowa, by and for the benefit of the State of
Iowa, City of Dubuque, County of Dubuque, Dubuque Community
School District, and other taxing districts, be paid to a
special fund for payment of principal and interest on loans,
monies advanced to and indebtedness, including bonds issued or
to be issued, incurred by said City in connection with the
Amended and Restated Dubuque Industrial Center Economic
Development District Urban Renewal Redevelopment Project by
removing a portion of Subarea C from the division of revenues.
Seconded by Sprank. Motion carried 7-0.
4. Amending Tax Increment Ordinance for the Dubuque
Industrial Center Economic Development District, as amended by
Version 2022.3 of the Amended and Restated Plan: 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.
Motion carried 7-0.
Motion by Roussell for final consideration and passage of
Ordinance No. 28-22 Amending Ordinance No. -22, previously
amended, providing that General Property Taxes levied and
collected each year on all property located within the Amended
and Restated Dubuque Industrial Center Economic Development
District Urban Renewal Area of the City of Dubuque, County of
Dubuque, State of Iowa, by and for the benefit of the State of
Iowa, City of Dubuque, County of Dubuque, Dubuque Community
School District, and other taxing districts, be paid to a
special fund for payment of principal and interest on loans,
monies advanced to and indebtedness, including bonds issued or
to be issued, incurred by said City in connection with the
Amended and Restated Dubuque Industrial Center Economic
Development District Urban Renewal Redevelopment Project by
adding Subarea R to the division of revenues. Seconded by
Farber. Motion carried 7-0.
5. Fiscal Year 2023 Arts & Culture Operating Support Grant
Funding Recommendation: Motion by Jones to receive and file
the documents and approve the recommendation. Seconded by
Sprank. Motion carried 7-0.
6. Recommended Updates in Enforcement Regarding Unhoused
Residents: 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 Farber. Assistant City Manager Burbach and Housing
and Community Development Director Steger made a presentation.
Responding to questions from the City Council, City Manager
Van Milligen stated that the Dubuque County Police Departments
social worker is solely responsible for brain health calls.
City Manager Van Milligen further stated that additional staff
may be provided to network partners for the proposed second
responder model, rather than additional city staff. Ms. Steger
stated that a homeless coalition consisting of the city and
network partners meets to discuss topics on homelessness, and
that coalition would provide input on the current homeless
situation and enforcement mechanisms. Assistant City Manager
Burbach stated that city departments viewed these proposed
code updates as an internal conversation to clean up code
language, but that staff can improve communications with
network partners on these types of changes going forward. City
Attorney Brumwell stated that the inoperable vehicle ordinance
addresses situations beyond homelessness, and that updating
that ordinance will give police officers more effective
enforcement tools. Assistant Police Chief Joe Messerich
summarized the process for police engagement with the homeless
population, stating that police officers will first try to
connect individuals with resources and that issuing citations
is a last resort. City Council Members requested an update in
three months on enforcement of the ordinances. Motion carried
6-1 with Council Member Wethal voting opposed.
Motion by Jones for final consideration and passage of
Ordinance No. 29-22 Amending City of Dubuque Code of
Ordinances Title 10 Public Ways and Property, Chapter 1
Streets, Sidewalks and Other Public Places and Ordinance No.
30-22 Amending City of Dubuque Code of Ordinances Title 7
Police, Fire and Public Safety, Chapter 5 Offenses, Article A
General Offenses. Seconded by Farber. Motion carried 6-1 with
Council Member Wethal voting opposed.
7. U.S. Department of Transportation Notice of Award:
Rebuilding Americas Infrastructure with Sustainability and
Equity (RAISE) Infrastructure Planning Grant: Motion by Farber
to receive and file the documents. Seconded by Roussell.
Motion carried 7-0.
S. Work Session Request: Project HOPE Quarterly Update:
Motion by Jones to receive and file the documents and schedule
the work session for Monday, September 19, 2022, at 5:30 p.m.
for a quarterly update on Project HOPE. Seconded by Sprank. No
schedule conflicts were expressed. Motion carried 7-0.
9. Work Session Request: Inclusive Dubuque Quarterly Update:
Motion by Roussell to receive and file the documents and
schedule the work session for Monday, September 19, 2022, at
6:00 p.m. for a quarterly update on Inclusive Dubuque.
Seconded by Farber. No schedule conflicts were expressed.
Motion carried 7-0.
10. Field of Miracles Game at Miracle League of Dubuque -
Fox Sports Video: Motion by Jones to receive and file the
documents and view the video. Seconded by Sprank. Program
Supervisor Janna Beau made a presentation summarizing the
second annual Field of Miracles baseball game at the Miracle
League of Dubuque Complex on August 11, 2022. Media Services
displayed a Fox Sports video of the event. The video can be
viewed at: https://youtu.be/4E5rKdfOLYI. Motion carried 7-0.
11. Delivering Dubuque: Office of Shared Prosperity and
Neighborhood Support Video: Motion by Sprank to receive and
file the documents and view the video. Seconded by Roussell.
Media Services displayed the Delivering Dubuque episode
featuring the Office of Shared Prosperity and Neighborhood
Support. The video can be viewed at:
https://youtu.be/7wZJWcolvm4. Motion carried 7-0.
12, Welcome, Dubuque College Students Video: Motion by
Roussell to receive and file the documents and view the video.
Seconded by Jones. Media Services displayed a video featuring
City staff welcoming new and returning college students to
Dubuque for the Fall 2022 semester.
The video can be viewed at: https://youtu.be/n9Sm3ZaXxyg.
Motion carried 7-0.
COUNCIL MEMBER REPORTS
Mayor Cavanagh and Council Members Farber, Jones, Roussell,
and Wethal all reported on the Viking cruise ship and American
Melody vessel docking at the Port of Dubuque for the first
time.
Mayor Cavanagh also reported on attending Project Rooteds
Rooted Table event.
CLOSED SESSION
Motion by Jones to convene in closed session at 9:20 p.m. to
discuss Purchase or Sale of Real Estate Chapter 21.5(1)0)
Code of Iowa. Seconded by Sprank. 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 9:40 p.m.
stating that staff had been given proper direction.
There being no further business, Mayor Cavanagh declared the
meeting adjourned at 9:40 p.m.
/s/Adrienne N. Breitfelder
City Clerk
It 9/16