Proof_City Council Proceedings 10.17.22Copyrighted
November 7, 2022
City of Dubuque Consent Items # 01.
City Council Meeting
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: Civil Service Commission of 10/21/22; City Council Proceedings of
10/17/22; Five Flags Civic Center Advisory Commission of 8/29/22;
Historic Preservation Commission of 10/20/22; Library Board of
Trustees of 4/28/22, 5/26/22, 6/23/22, 7/28/22, 8/24/22, and 8/25/22;
Library Board of Trustees Update of 10/27/22; Long Range Planning
Advisory Commission of 10/19/22; Zoning Advisory Commission of
11/2/22; Proof of Publication for City Council Proceedings of 10/3/22
and 10/17/22.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
City Council Proceedings of 10/17/22 Supporting Documentation
Civil Service Commission Minutes of 10/21/22 Supporting Documentation
Five Flags Civic Center Commission Minutes of Supporting Documentation
8/29/22
Historic Preservation Commission Minutes of 10/20/22 Supporting Documentation
Library Board of Trustees Minutes of 4/28/22 Supporting Documentation
Library Board of Trustees Minutes of 5/26/22
Library Board of Trustees Minutes of 6/23/22
Library Board of Trustees Minutes of 7/28/22
Library Board of Trustees Minutes of 8/24/22
Library Board of Trustees Minutes of 8/25/22
Library Board of Trustees Update of 10/27/22
Long Range Planning Advisory Commission Minutes of
10/ 19/22
Zoning Advisory Commission Minutes of 11/2/22
Proof of Publication for City Council Proceedings of
10/03/22
Proof of Publication for City Council Proceedings of
10/17/22
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
0S TATE 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:
10/26/2022
and for which the charge is 282.95
Subscribed to before me, Notary Public in and for
Dubuque County, Iowa,
this 26th day of October, 2022
goi� -t:� i 20��
Notary P t9
in and for Dubuque tounty, Iowa.
Ja`
JANE:T K. PAPE
L3 CPmmiulon NumbEr 199659
�=�`•+ Wg 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 October 17, 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,
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.
City Clerk Breitfelder announced that Items Set for Public
Hearing No. 3: Resolution of Necessity for the Amendment of
the Derby Grange Road Housing Urban Renewal Plan, Version
2022. 1; Items Set for Public Hearing No. 4: Resolution of
Necessity for the Proposed Urban Renewal Plan for the John F.
Kennedy (JFK) Road Urban Renewal Area; and Action Item No. 5:
Request to Reschedule Five Flags Civic Center Work Session
were removed from the meeting.
PLEDGE OF ALLEGIANCE
PRESENTATION(S)
1. America In Bloom (AIB) Awards Presentation: Leisure
Services Manager Marie Ware made a presentation recognizing
the City of Dubuque and Council Member Susan R. Farber's
nominations and awards for the 2022 AM Symposium and Awards
Celebration.
PROCLAMATION(S)
1. Brain Health Awareness Month (October 2022) was accepted
by Debi Butler on behalf of Brain Health Now.
2. Gentleman Day (October 19, 2022) was accepted by
BobbieSue Lopez and Angela Heister on behalf of Waypoint.
3. Lights On Afterschool Day (October 20, 2022) was accepted
by Beth McGorry on behalf of St. Mark Youth Enrichment.
4. Extra Mile Day (November 1, 2022) was accepted by
AmeriCorps Director Heather Satterly on behalf of the
AmeriCorps Program and Extra Mile America.
CONSENT ITEMS
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 Cotme_l 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. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Black Hills Energy for
property damage; Michael Blaser for vehicle damage; Derrick
Johnson for vehicle damage; Lucas Spencer for vehicle 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: Beidler Towing for vehicle damage; Black Hills Energy
for property damage; Michael Blaser for vehicle damage;
Juanita Gates for vehicle damage; Debra Heim for property
damage; Derrick Johnson for vehicle damage; Lucas Spencer for
vehicle 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. 322-22 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. Iowa Communities Assurance Pool (ICAP) Tree Planting:
Senior Counsel transmitted information regarding ICAP
presenting the city with a tree to celebrate ICAP's
thirty-fifth anniversary and to acknowledge the city's
long-standing participation in ICAP. The tree was planted in
Flora Park on October 5, 2022. Upon motion the documents were
received and filed.
6. Adoption of Supplement Number 2022 S-8 to the City of
Dubuque Code of Ordinances: Upon motion the documents were
received and filed, and Resolution No. 323-22 Adopting
Supplement No. 2022 S-8 to the Code of Ordinances of the City
of Dubuque, Iowa was adopted.
7. Grand River Center Operations Management Services Request
for Proposal: Upon motion the documents were received and
filed.
8. Iowa Department of Public Health for Inspection of Pools,
Spas and Tattoo Parlor Facilities in Dubuque County
Interagency Agreement: Upon motion the documents were
received, filed, and approved.
9. Community Development Block Grant CARES Act (CDBG-CV)
Subrecipient Agreement with Almost Home at St. John's: Upon
motion the documents were received and filed, and Resolution
No. 324-22 Authorizing execution of CDBG-CV Subrecipient
Agreement with Almost Home at St. John's was adopted.
10. Proposed Downtown Rehabilitation Grant Award for 1199
Central Avenue: Upon motion the documents were received and
filed, and Resolution No. 325-22 Approving a Grant Agreement
by and between the City of Dubuque, Iowa and Virtual Velocity,
LLC for the redevelopment of 1199 Central Avenue was adopted.
11. Sustainable Dubuque Community Grant Award
Recommendation: Upon motion the documents were received and
filed, and Resolution No. 326-22 Awarding Sustainable Dubuque
Grant to the Dubuque Colleges Sustainability Coalition; No.
327-22 Awarding Sustainable Dubuque Grant to Dubuque Rescue
Mission Garden; No. 328-22 Awarding Sustainable Dubuque Grant
to the First Presbyterian Church; No. 329-22 Awarding
Sustainable Dubuque Grant to the No Mow May Dubuque; and No.
330-22 Awarding Sustainable Dubuque Grant to the Washington
Neighborhood Community Garden were adopted.
12. Kennedy Road Water Main Extension Project 2021 Project
Acceptance and Resolution: Upon motion the documents were
received and filed, and Resolution No. 331-22 Accepting Public
Improvement Contract for the Kennedy Rd Water Main Extension
Project 2021 was adopted.
13. Four Mounds Parking & Accessibility Improvements: Upon
motion the documents were received and filed, and Resolution
No. 332-22 Accepting the Four Mounds Parking & Accessibility
Improvements and authorizing the payment to the contractor was
adopted.
14. Signed Contract(s): Eighth Amendment to Facility
Management Agreement with Platinum Hospitality Group, LLC;
Independent Contractor Agreement with Denise Blakeley Ihrig of
Blakeley Water Management. Upon motion the documents were
received and filed.
15. Improvement Contracts / Performance, Payment and
Maintenance Bonds Sheets Design Build, LLC for the Old Engine
House Office Renovation. Upon motion the documents were
received, filed, and approved.
16. Liquor License Renewals: Upon motion the documents were
received and filed, and Resolution No. 333-22 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.
17. Request to Rename "Mystique Community Ice Center" to
"Dubuque Ice Arena": Upon motion the documents were received
and filed, and Resolution No. 333-A-22 Renaming the Mystique
Community Ice Center to Dubuque Ice Arena 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. Geisler Brothers Realty, LLC, and Dubuque Steel Products,
Inc. - Issuance of Urban Renewal Tax Increment Revenue Grant
Obligations Pursuant to Development Agreement: Upon motion the
documents were received and filed and Resolution No. 334-22
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, Geisler Brothers
Realty, LLC, and Dubuque Steel Products, Inc., including the
proposed issuance of Urban Renewal Tax Increment Revenue Grant
Obligations to Dubuque Steel Products, 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 November 7, 2022, in the Historic Federal Building.
2. Bee Branch Creek Trail Phase 1 Project: Upon motion the
documents were received and filed and Resolution No. 335-22
Bee Branch Creek Trail Project Phase 1 Project Iowa DOT
Project No. Tap- 2100(697)8I-31: 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 November 7,
2022, ir, the Historic Federal Building.
3. Intent to Create Plaza Drive Urban Revitalization Area
and Setting a Public Hearing: Upon motion the documents were
received and filed and Resolution No. 338-22 Intent to create
an Urban Revitalization Area, finding an area referred to as
Plaza Drive Urban Revitalization Area, hereinafter described,
appropriate for public improvements related to housing and
residential development and construction of residential
development, including single or multifamily housing necessary
in the interest of public health, safety, or welfare of the
residents of the city and setting a public hearing on creation
of the Plaza Drive Urban Revitalization Area was adopted
setting a public hearing for a meeting to commence at 6:30
p.m. on November 21, 2022, in the Historic Federal Building.
PUBLIC HEARINGS
1. Request to Rezone Pennsylvania Avenue Parcels from AG
Agriculture to OR Office Residential: 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 Werhimont provided a staff report. Applicant
Tara Duggan, 11082 English Mill Rd., spoke in support of the
rezoning and provided a brief overview of the proposed
development. Motion carried 7-0.
Motion by Jones for final consideration and passage of
Ordinance No. 33-22 Amending Title 16 of the City of Dubuque
Code of Ordinances, Unified Development Code, by reclassifying
hereinafter described parcels of land located along
Pennsylvania Avenue within the City of Dubuque from AG
Agriculture District to OR Office Residential District.
Seconded by Roussell. Motion carried 7-0.
2. Planned Unit Development (PUD) Amendment - Plaza Drive to
include PR Planned Residential: 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 Sprank. Planning Services
_Manager Wally Wernimont provided a staff report. Applicant
Robert Smith, 1305 Benson Rd., Sioux Falls, spoke in support
of the rezoning and provided a brief overview of the proposed
development. Chuck Isenhart, 1665 Kaufmann Ave.; Dave Shealer,
19008 Riverside Rd.; and Tony Moline, 1756 Wood St., provided
public input about unique bird species identified at the
parcel, such as bobolink, dickcissel, and eastern meadowlark,
and recommended the City Council consider strategies to
mitigate habitat impacts on wildlife. City Council members
expressed support for the PUD amendment, stating that
additional workforce housing will be a great addition.
Responding to a question from the City Council, Mr. Smith
stated that he did not yet have the breakdown of the number of
apartment unit options but stated that there will be a higher
number of two -bedroom options. City Council Members discussed
the need to embrace sustainability and consider partnerships
to allow the bird species to flourish, including potential
partnerships with the University of Dubuques Wolter Woods and
Prairies, Dubuque County, and the State of Iowa. Point of
clarification by City Manager Van Milligen that the developer
would not be part of any discussions on habitat solutions for
current wildlife species. Motion carried 7-0.
Motion by Roussell for final consideration and passage of
Ordinance No. 34-22 Amending Title 16 of the Unified
Development Code of the City of Dubuque Code of Ordinances by
rescinding Ordinance 25-05 and Ordinance 44-06 which provides
regulations for a PUD Planned Unit Development District with a
PC Planned Commercial Designation for the Asbury Plaza
Business Park and adopting Amended PUD Ordinance with PC
Planned Commercial and PR Planned Residential Designations.
Seconded by Sprank. Motion carried 7-0.
3. Disposal of City Interest in Previously Vacated Street
and Alley Right of Way Areas, in the City of Dubuque, Iowa:
Motion by Jones to receive and file the documents and adopt
Resolution No. 339-22 Disposing of city interest in Lot AA and
Lot BB of Grand View Place, in the City of Dubuque, Iowa.
Seconded by Resnick. Council Member Farber announced her
abstention from the vote due to owning property in question.
Motion carried 6-0 with abstention from Farber.
4. Public Hearing for Sale of City -Owned Property at 2414
Windsor: Motion by Resnick to receive and file the documents
and adopt Resolution No. 340-22 Disposing of city interest in
real property at 2414 Windsor, in the City of Dubuque, Iowa.
Seconded by Farber. Responding to a question from the City
Council, Housing and Community Development Director Alexis
Steger stated that the property was a vacant building
purchased for True North and converted into a single-family
home. Motion carried 7-0.
5, Fiscal Year 2023 First Budget Amendment: Motion by Jones
to receive and file the documents and adopt Resolution No.
341-22 Amending the current budget for Fiscal Year Ending June
2023. Seconded by Resnick. Responding to a question from the
City Council, City Manager Van Milligen stated that this
budget amendment coincides with the budget selections approved
by the City Council during the Fiscal Year 2023 Budget
Hearings unless council approved any changes since then.
Motion carried 7-0.
PUBLIC INPUT
Maddy Nasuti, 2410 Broadway, provided input regarding the
recent ordinance enacted by City Council related to pad: ng
violations.
ACTION ITEMS
1. Leisure Services Recruitment Plan Presentation: Motion by
Resnick to receive and file the documents and view the
presentation. Seconded by Farber. Dan Kroger, Recreation
Division Manager, made a presentation on the Leisure Services
recruitment plan. City Council Members suggested offering
college credit for lifeguard certifications, offering
additional bonuses for retention and referrals, partnering
with non-profit organizations to offer job opportunities
during the school year, and recruiting through the Dubuque
Area Swimmin Hurricanes (DASH). Responding to a question from
the City Council, Mr. Kroger stated that Bunker Hill Golf
Course was successfully staffed with retirees and that
recruitment efforts will include toward the retiree
population. Motion carded 7-0.
The order of Action Item Nos. 2 and 3 were switched at the
request of the City Manager.
2. Government Finance Officers Association (GFOA)
Certificate of Achievement for Excellence in Financial
Reporting: Motion by Roussell to receive and file the
documents. Seconded by Sprank. City Council Members
congratulated the Finance and Budget Department for the
achievement. Motion carried 7-0.
3. Update on Odor Reduction Efforts: Motion by Jones to
receive and file the documents and receive the report.
Seconded by Resnick. Water and Resource Recovery Manager
Willie OBrien provided an update on odor reduction efforts at
the Water & Resource Recovery Center. City Council Members
stated they have received multiple resident feedback about the
odors and that mitigating the odors is an investment for the
city. Responding to questions from the City Council, Mr.
OBrien stated that certain meteorological conditions have an
impact on the odors and discussed the potential impacts of
using iron salts for odor mitigation. Motion carried 7-0.
4. Work Session Request: Central Avenue Corridor Streetscape
Master Plan Draft: Motion by Sprank to receive and file the
documents and schedule the work session for Monday, November
21, 2022, at 5:00 p.m. Seconded by Roussell. No schedule
conflicts were expressed. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Resnick reported on participating in a
22-mile bicycle ride as part of the City's complete streets
policy.
Council Member Farber reported on attending Bluff Strokes
Plein Air art show and Heritage Works rebranding event.
Council Member Wethal reported on attending a safety and
lighting tour on Central Avenue.
Council Member Jones expressed appreciation for Dubuque.
Firefighter Tom Ludescher sharing his story about his
colleagues saving his life when Mr. Ludescher recently
suffered cardiac arrest.
Mayor Cavanagh reported on the new exhibit at the National
Mississippi River Museum and Aquarium that highlights the
Marshall Islands and Marshallese community.
CLOSED SESSION
Motion by Jones to convene in closed session at 9:26 p.m. to
discuss Pending Litigation and Purchase or Sale of Real Estate
Chapter 21.5(1)(c),O) Code of Iowa. Seconded by Resnick.
Mayor Cavanagh stated for the recard 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 10:00 p.m.
stating that staff had been given proper direction.
There being no further business, Mayor Cavanagh declared the
meeting adjourned at 10:01 p.m.
/&/Adrienne N. Breitfelder
City Clerk
It 10/26