Proof_City Council Proceedings 11.07.22City of Dubuque Consent Items # 01.
City Council Meeting
ITEM TITLE: Minutes and Reports Submitted
SUMMARY:
SUGGESTED
DISPOSITION:
ATTACHMENTS:
Description
Copyrighted
December 5, 2022
Airport Commission of 10/25/22 and 11/15/22; City Council Proceedings
of 11/21/22; Five Flags Civic Center Advisory Commission of 10/31/22
and 11/21/22; Library Board of Trustees Update of 11/16/22; Long
Range Planning Advisory Commission of 11/16/22; Zoning Board of
Adjustment of 11 /17/22; Proof of Publication for City Council
Proceedings of 11/7/22.
Suggested Disposition: Receive and File
Airport Commission Minutes of 10/25/22
Airport Commission Minutes of 11/15/22
City Council Proceedings of 11/21/2022
Five Flags Civic Center Advisory Commission Minutes
of 10/31 /22
Five Flags Civic Center Advisory Commission Minutes
of 11 /21 /22
Library Board of Trustees Update of 11/16/22
Long Range Planning Advisory Commission Minutes of
11/16/22
Zoning Board of Adjustment Minutes of 11/17/22
Proof of Publication for City Council Proceedings of
11/7/22
Type
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
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:
11/16/2022
ciLd for which the charge is 380.83
-�" �)�✓ Ui �( .lam / G"'l, l /�
Subscribed to before me, a Notary Pu* in and for
Dubuque County, Iowa,
this 16th day of November, 2022
5;�� _K/ PQI:�19
Notary U
lic in and for Dubugt e County, Iowa.
z t,. JANET K. PAPE
= Comalesion Number 199859
'- Mly 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 November 7, 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
(arrived at 5:34 p.m.), 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 the housing choice voucher
program.
WORK SESSION
UPDATE ON HOUSING CHOICE VOUCHER PROGRAM
Housing and Community Development Director Alexis Steger
presented on the Housing Choice Voucher Program, updates on
acceptance rates, decrease in utilization, and other programs
offered under the Rental Assistance Division of the Housing
and Community Development Department. Ms. Steger responded to
questions from the City Council regarding voucher holders who
move outside city limits, reasons landlords may not accept
vouchers, and the lottery process for awarding vouchers. Ms.
Steger and City Attorney Brumwell responded to a question
regarding voucher and marketing options for senior residents.
There being no further business, Mayor Cavanagh declared the
meeting adjourned at 6:26 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 November 7, 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.
PLEDGE OF ALLEGIANCE
City Attorney Brumwell announced that Action Item No. Is
suggested disposition was amended to receive and file as
neither state nor city code grants City Council the authority
to approve preliminary plats.
PRESENTATION(S)
1. 2022 Woman of the Year Award Recognition: Amy Gilligan,
Executive Editor of the Telegraph Herald, recognized Director
of Strategic Partnerships Teri Hawks Goodmann as the 2022
Woman of the Year as part of the Telegraph Herald,
BizTimes.biz, and Her Magazine's annual Salute to Women
Awards.
2. Mississippi River Cities and Towns Initiative Founders
Award Recognition: Colin Wellenkamp, Executive Director of the
Mississippi River Cities & Towns Initiative (MRCTI) virtually
recognized Director of Strategic Partnerships Teri Hawks
Goodmann for receiving MRCTI's Founders Award.
PROCLAMATION(S)
1. Hospice Month (November 2022) was accepted by Lavonne
Noel on behalf of Hospice of Dubuque.
2. Pancreatic Cancer Awareness Day (November 17, 2022) was
accepted by Diane Oglesby-Rambousek on behalf of the Michael
W. Oglesby Foundation.
3. Small Business Saturday (November 26, 2022) was accepted
by Ryan Sempf on behalf of the Dubuque Area Chamber of
Commerce.
CONSENTITEMS
Council Member Farber requested Item No. 21 be held for
separate discussion. Motion by Resnick to receive and file the
documents, adopt the resolutions, and dispose of as indicated,
except for Item No. 21. Seconded by Roussell. Motion carried
7-0.
1. Minutes and Reports Submitted: 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. Upon motion the documents
were received and filed.
2. Notice of Claims and Suits: Connie Gosche for vehicle
damage; Debra Heim 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: Connie Gosche for vehicle damage; Debra Heim 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. 342-22 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. Fiscal Year 2022 State of Iowa Annual Financial Report:
Upon motion the documents were received, filed, and approved.
6. Fiscal Year 2022 City Street Financing Report: Upon
motion the documents were received and filed, and Resolution
No. 343-22 Approving the City of Dubuque Fiscal Year 2022 City
Street Financing Report was adopted.
7. COVID-19 City Council Update: Upon motion the documents
were received and filed.
8. Pre -annexation Agreement John T. Jr. and Debra S. Kalb:
Upon motion the documents were received and filed, and
Resolution No. 344-22 Approving a Pre -Annexation Agreement
between the City of Dubuque, Iowa and John T. Jr. and Debra S.
Kalb was adopted.
9. Easement Agreement, Ace Construction -Dubuque, L.L.C: Upon
motion the documents were received and filed, and Resolution
No. 345-22 Approving an Agreement by and between the City of
Dubuque, Iowa and Ace Construction -Dubuque, L.L.0 and a Grant
of Easement to the City of Dubuque was adopted.
10. Corrected Legal Description by Resolution for Urban
Renewal Plan for the Dubuque Industrial Center Economic
Development District, Version 2022.3: Upon motion the
documents were received and filed, and Resolution No. 290-22-A
Nunc Pro Tune correcting and amending a scrivener's error in
certain legal descriptions included in the Urban Renewal Plan
for the Dubuque Industrial Center Economic Development
District was adopted.
11. Chaplain Schmitt Island Trail Connection Project - Iowa
DOT Funding Agreement: Upon motion the documents were received
and filed, and Resolution No. 346-22 Approving a Funding
Agreement (23-EDP-102) with the Iowa Department of
Transportation for Community Project Funding/Congressionally
Directed Spending for the Chaplain Schmitt Island Trail
Connection Project was adopted.
12, 2022 Asphalt Overlay Access Ramp Project 4: Upon motion
the documents were received and filed, and Resolution No.
347-22 Accepting the 2022 Asphalt Overlay Access Ramp Project
4 and authorizing the payment to the contractor was adopted.
13. Iowa Department of Transportation Title VI Compliance
Review: Upon motion the documents were received and filed, and
Resolution No. 348-22 Approving the Iowa Department of
Transportation Title VI / Non -Discrimination Assurances DOT
Order No. 1050.2A and Title VI Non -Discrimination Agreement
was adopted.
14. Community Development Block Grant Contract for Henry
Stout Apartment Complex: Upon motion the documents were
received and filed, and Resolution No. 349-22 Authorizing
execution of CDBG Subrecipient Agreement with Gronen was
adopted.
15. Experience Schmitt Island: Mississippi River Outdoor
Amphitheater and Island Trails Project Destination Iowa
Outdoor Recreation Fund Grant Resolution Adoption: Upon motion
the documents were received and filed, and Resolution No.
350-22 Authorizing the Mayor to submit a resolution to the
Iowa Economic Development Authority for the Experience Schmitt
Island: Mississippi River Outdoor Amphitheater and Island
Trails Grant Application to the Destination Iowa Outdoor
Recreation Fund was adopted.
16. Signed Contract(s): Schmitt Island Management Agreement.
Upon motion the documents were received and filed.
17. Improvement Contracts / Performance, Payment and
Maintenance Bonds: Black Hawk Roof Company for the
Camegie-Stout Library - Roofs 1 & 2 Restoration Project;
Midwest Concrete, Inc, for the Royalwood Subdivision Water
Main Loop North Cascade Road Crossing Project; Midwest
Concrete, Inc. for the Highway 20 - N. Cascade Road Truck Stop
Water Service Connection Project. Upon motion the documents
were received, filed, and approved.
18. Proposed Amendment to Master Co -location and Shared
Services Agreement Between the City of Dubuque and Dubuque
County: Upon motion the documents were received, filed, and
approved.
19. Mediacom Communications Corporation Correspondence on
Programming Changes and Rate Adjustments: Upon motion the
documents were received and filed.
20. Boards and Commissions Pilot with the Iowa Department of
Human Rights: Upon motion the documents were received and
filed.
21. Liquor License Renewals: Council Member Farber announced
her abstention from voting on this item due to owning Magoos
Pizza, one of the businesses included in the resolution.
Motion by Jones to receive and file the documents and adopt
Resolution No. No. 351-22 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. Seconded by Wethal. Motion carried 6-0
with abstention from Farber.
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. Upper Bee Branch Creek Restoration Railroad Sanitary
Interceptor Crossing Project (part of Phase IV of the Bee
Branch Watershed Flood Mitigation Project): Upon motion the
documents were received and filed and Resolution No. 352-22
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; and ordering the advertisement for bids for the Upper
Bee Branch Creek Restoration Railroad Sanitary Interceptor
Crossing Project 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.
2. Resolution of Necessity for the Proposed Urban Renewal
Plan for the John F. Kennedy (JFK) Road Urban Renewal Area:
Upon motion the documents were received and filed and
Resolution No. 353-22 Authorizing and directing the City
Manager to prepare an Urban Renewal Plan for the John F.
Kennedy (JFK) Road Urban Renewal Area, 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 December 5, 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. City Clerk Breitfelder stated that Rick
Baumhover withdrew his application from the Resilient
Community Advisory Commission,
Community Development Advisory Commission: One 3-Year term
through February 15, 2023 (Vacant term of Hammel Jr.).
Applicant: Gabriel Mozena, 196 Bluff St. City Council
confirmed receipt of written input from Mr. Mozena in support
of his application.
Park and Recreation Advisory Commission: One 3-Year term
through June 30, 2023 (Vacant term of Hochberger). Applicants:
Ron Axtell, 1895 Norland Dr.; Josh Jorgenson, 3030 Judson
Crt.; Shirley Snow, 779 University Ave. Mr. Axtell spoke in
support of his application. City Council confirmed receipt of
written input from Mr. Jorgenson in support of his
application.
Resilient Community Advisory Commission: One Cross
Representative whose term will coincide with their term on the
cross represented board or commission. Applicants: Thea
Dement, 375 Alpine St. - Current member of the Historic
Preservation Commission - Term Expires 7/1/23; Steven
Drahozal, 683 West 1 lth St. - Current member of the Catfish
Creek Watershed Management Authority - Term Expires 7/16/24;
Lori 011endick, 1390 Oak Park Pl. - Current member of the Park
and Recreation Advisory Commission - Term Expires 7/1/25. Mr.
Drahozal virtually spoke in support of his application.
Appointments were made to the following boards/commissions.
Civil Service Commission: One, 4-Year term through April 6,
2026 (Vacant term of Baskerville). Applicants: Scott Crabill,
2757 Balboa Dr. - Selected by Mayor Cavanagh for appointment
at the October 3, 2022, City Council Meeting; Michelle Hinke,
973 Patricia Ann Dr. This commission is subject to the State
of Iowa Gender Balance Law, *69.16A. 3 Commissioners total;
currently 1 male /1 female. Upon roll call vote, Mr. Crabill
was appointed to the 4-year term through April 6, 2026. Vote
carried 7-0.
PUBLIC HEARINGS
1. Rezoning Request - 1660 and 1670 Asbury Road: 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.
Planning Services Manager Wally Wernimont provided a report.
Applicant Bob Felderman, 241 Southgate Dr., spoke in support
of the application. Motion carried 7-0.
Motion by Jones for final consideration and passage of
Ordinance No. 35-22 Amending Title 16 of the City of Dubuque
Code of Ordinances, Unified Development Code, by reclassifying
hereinafter described parcels of land located at 1660 and 1670
Asbury Road within the City of Dubuque from C-2 Neighborhood
Shopping Center District to OC Office Commercial District.
Seconded by Sprank. Motion carried 7-0.
2. Public Hearing and Approval of Bies Drive Urban
Revitalization: Motion by Roussell to receive, file, and
approve 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. Point of order by
Cavanagh that there are no items to approve. Motion amended by
Roussel] to remove approve from the motion. Seconded by
Farber. Motion carried 7-0.
Motion by Roussell for final consideration and passage of
Ordinance No. 36-22 Amending City of Dubuque Code of
Ordinances Title 3, Revenue and Taxation, Chapter 2
Revitalization Areas, by adopting a new Section 8 Bies Drive,
establishing the Bies Drive Urban Revitalization Area, and
establishing requirements for qualifying property owners.
Seconded by Farber. Motion carried 7-0.
3. Resolution Approving a Proposed Development Agreement by
and among the City of Dubuque, Iowa, Geisler Brothers Realty,
LLC, and Dubuque Steel Products, 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. 354-22 Approving a
Development Agreement by and among the City of Dubuque,
Geisler Brothers Realty, LLC, and Dubuque Steel Products, Inc.
including the issuance of urban tax increment revenue
obligations to Dubuque Steel Products, Inc. Seconded by
Sprank. Motion carried 7-0.
4. Bee Branch Creek Trail Phase 1 Project: Motion by Sprank
to receive and file the documents and adopt Resolution No.
355-22 Approval of plans, specifications, form of contract,
and estimated cost for the Bee Branch Creek Trail Project
Phase 1 Project, Iowa DOT Project No. TAP-2100(697)8I- 31.
Seconded by Jones. Motion carried 7-0.
PUBLIC INPUT
City Attorney Brumwell reiterated that Action Item No. is
suggested disposition was amended to receive and file due to
City Council not being granted approval authority for
preliminary plats in state or city code.
Jennifer Nye, no permanent address, provided input regarding
her accessibility experiences and an injury that occurred on a
city bus.
Steve Dunn, 2250 Foye St., provided input regarding parking
limited to the west side of Foye St.
City Clerk Breitfelder stated that public input was received
by Kenneth Kiss of the Dubuque Audubon Society; Clark Schloz,
2925 Burlington St., and James Grantz of Lime Rock Springs Co.
10537 Route 3 respectively submitted input in opposition to
Action Item No. 1.
ACTION ITEMS
1. Preliminary Plat of Mozena Farms: Motion by Jones to
receive and file the documents. Seconded by Farber. Planning
Services Manager Wally Wernimont provided a report and
responded to questions from the City Council regarding how
traffic studies are initiated, vehicle trip estimates, and
cost responsibility for right -in, right -out. Motion carried
7-0.
2. 2022 John F. Kennedy Road Sidewalk Installation Project:
Motion by Jones to receive and file the documents and adopt
Resolution No. 356-22 Awarding Public Improvement Contract for
the 2022 John F. Kennedy Road Sidewalk Installation Project -
Iowa DOT Project TAP-U-2100-703-8I-31. Seconded by Roussell.
Responding to a question from the City Council, City Manager
Van Milligen stated that inflation and labor shortages
continue resulting in increased project costs. City Council
Members expressed appreciation for the citys efforts to make
this project affordable for assessed property owners. Motion
carried 7-0.
3. Ordinance Amendment for Civil Service Commission
Meetings: 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. 37-22 Amending City of Dubuque Code of
Ordinances Title 2 Boards and Commissions, Chapter 2 Civil
Service Commission, Section 2-2-10 Meetings. Seconded by
Roussell. Motion carried 7-0.
4. Application Guidelines for the Arts Operating Recovery
Subgranting Program funded by the National Endowment for the
Arts American Rescue Plan Act: Motion by Sprank to receive and
file the documents and adopt the resolution. Seconded by
Resnick. Point of Order by Cavanagh that there is no
resolution associated with the item. Motion amended by Sprank
to receive and file the documents and approve the program
materials establishing the application guidelines and
requirements for the National Endowment for the Arts American
Rescue Plan Act funded Arts Operating Recovery Subgranting
Program. Seconded by Resnick. Motion carried 7-0.
5. Amending Ordinance 14-17-A for the Derby Grange Road
Housing Urban Renewal Plan, Version 2022. 1: 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. 38-22 Amending Ordinance No. 14-17-A providing
that general property taxes levied and collected each year on
all property located within the Derby Grange Road Housing
Urban Renewal Area, in 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 said Derby
Grange Road Housing Urban Renewal Area by revising the
boundaries of the Derby Grange Road Housing Urban Renewal Area
as described herein. Seconded by Farber. Motion carried 7-0.
6. Corrected Legal Description for Ordinance 28-22 for the
Dubuque Industrial Center Economic Development District,
Version 2022.3: 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. 28-22-A Correcting and amending Ordinance No.
28-22, 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 Roussell. Motion carried 7-0.
7. Public Works Staff Videos: Motion by Farber to receive
and file the documents and view the videos. Seconded by
Roussell. Assistant Public Works Director Arielle Swift
introduced several videos that highlight the work of the
Public Works Department. Due to technical difficulties, the
videos were unable to be displayed until after Council Member
Reports.
COUNCIL MEMBER REPORTS
Council Member Sprank reported that Election Day is November
8th and reminded residents whose voting precinct is Comiskey
Park that voting is still occurring there regardless of
current construction at the park.
Council Member Farber congratulated the Dubuque Racing
Association (DRA), Leisure Services, and Engineering on the
recent re -opening of the Dubuque Ice Arena.
Council Member Wethal reported on attending the NAACPs
Freedom Fund Banquet and expressed enthusiasm for Avelo
Airlines plan to offer Dubuque flights.
Mayor Cavanagh also expressed enthusiasm for Avelo Airlines.
Council Member Resnick congratulated Director of Strategic
Partnerships Teri Hawks Goodmann on her accomplishments.
Council Member Jones provided statements regarding state
laws that restrict on -street parking.
ACTION ITEMS CONTINUED
7. Public Works Staff Videos: The videos highlighting the
work of the Public Works Department were displayed. Two of the
videos can be accessed via the following links:
https://youtu.be/FsITWb2aywQ; https://youtu.be/F687HCoh6O8.
Motion carried 7-0.
CLOSED SESSION
Motion by Jones to convene in closed session at 8:41 p.m. to
discuss Purchase or Sale of Real Estate Chapter 21.5(1)0)
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 Bramwell. Motion carried 7-0.
The City Council reconvened in open session at 10:12 p.m.
stating that staff had been given proper direction.
There being no further business, Mayor Cavanagh declared the
meeting adjourned at 10:12 p.m.
/s/Adrienne N. Breitfelder
City Clerk
It 11/16