Minutes_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
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. 6t" 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 Al B 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 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
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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
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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)-81-31: 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, in the Historic Federal Building.
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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 Wernimont 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 Dubuque's 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
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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 parking 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 carried 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
O'Brien 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
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and that mitigating the odors is an investment for the city. Responding to questions from the City
Council, Mr. O'Brien 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),(j) 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 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.
/s/Adrienne N. Breitfelder
City Clerk
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