Minutes_City Council Proceedings 11.21.22City 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
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on November 21, 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.
PLEDGE OF ALLEGIANCE
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 11/07/22; Library Board of
Trustees of 9/19/22, 9/20/22, 9/22/22; Zoning Board of Adjustment of 10/27/22. Upon motion
the documents were received and filed.
2. Notice of Claims and Suits: Ethan Bever for vehicle damage; Jenny Cribbs on behalf of
Barbara Callhan 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:
Ethan Bever for vehicle damage; Barbara Callhan 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. 357-22 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 Iowa Urban Renewal Annual Report: Upon motion the documents were
received and filed, and Resolution No. 358-22 Approving the Fiscal Year 2022 Urban Renewal
Report for the City of Dubuque was adopted.
6. Fiscal Year 2024 Annual Tax Increment Financing Report: Upon motion the documents
were received and filed.
7. 2023 State Legislative Priorities: Upon motion the documents were received, filed, and
approved.
8. Iowa Arts Council Creative Places Project Grant Application: Upon motion the documents
were received, filed, and approved.
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9. Letter of Support on Behalf of Dubuque Museum of Art to Institute of Museum and Library
Services Museums for America Grant Program: Upon motion the documents were received,
filed, and approved.
10. Temporary Agreement Between the City of Dubuque and ITC Midwest, LLC to Operate
an Electric Transmission System in the City of Dubuque: Upon motion the documents were
received and filed, and Resolution No. 359-22 Approving an agreement between the City of
Dubuque and ITC Midwest, LLC to operate an electric transmission system in the City of
Dubuque was adopted.
11. Approval for Organizational Culture Change Consulting Services Request for Proposal
(RFP): Upon motion the documents were received, filed, and approved.
12. Equity and Human Rights Department Restructuring: Upon motion the documents were
received, filed, and approved.
13. Certified List: Firefighter-Paramedic/Firefighter-EMT: Upon motion the documents were
received, filed, and made a matter of record.
14. Liquor License Renewals: Upon motion the documents were received and filed, and
Resolution No. 360-22 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 Roussell to receive and file the documents, adopt the resolutions, and set the public
hearing as indicated. Seconded by Jones. Motion carried 7-0.
1. Flora Pool Filter Tanks and Recirculation Pump Replacement — Initiate Bidding Process
and Set Public Hearing: Upon motion the documents were received and filed and Resolution
No. 361-22 Flora Pool Filter Tank and Recirculation Pump Replacement Project: 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 December 5, 2022, in the Historic
Federal Building.
BOARDS/COMMISSIONS
Appointments were made to the following boards/commissions.
i. Community Development Advisory Commission: One three-year term through February 15,
2023 (Vacant term of Hammel Jr.). Applicant: Gabriel Mozena, 196 Bluff St. Motion by Sprank
to appoint Mr. Mozena to the three-year term through February 15, 2023. Seconded by Resnick.
Motion carried 7-0.
ii. Park and Recreation Advisory Commission: One three-year term through June 30, 2023
(Vacant term of Hochberger) and one three-year term through June 30, 2025 (Vacant term of
Baca). Applicants: Ron Axtell, 1895 Norland Dr.; Josh Jorgenson, 3030 Judson Crt.; Shirley
Snow, 779 University Ave. Upon roll call vote, Mr. Axtel was appointed to the three-year term
through June 30, 2023. Mr. Jorgenson received one vote (Wethal) and Mr. Axtel received the
remaining six votes. Upon the following roll call vote, Mr. Jorgenson was appointed to the three-
year term through June 30, 2025. Ms. Snow received two votes (Jones and Resnick) and Mr.
Jorgenson received the remaining five votes.
iii. Resilient Community Advisory Commission: One Cross Representative whose term will
coincide with their term on the cross represented board or commission (Vacant Cross
Representative Member term of Reber). Applicants: Thea Dement, 375 Alpine St. - Current
member of Historic Preservation Commission — term expires 7/1/23; Steven Drahozal, 683 West
11 th St. - Current member of Catfish Creek Watershed Management Authority - term expires
7/16/24; and Lori 011endick, 1390 Oak Park PI. - Current member of Park and Recreation
Advisory Commission — term expires 7/1/25. Upon roll call vote, Mr. Drahozal was appointed to
the three-year term through July 16, 2024. Mr. Drahozal received all seven votes.
PUBLIC HEARINGS
1. Upper Bee Branch Creek Restoration Railroad Sanitary Interceptor Crossing Project (part
of Phase IV of the Bee Branch Watershed Flood Mitigation Project): Motion by Resnick to
receive and file the documents and adopt Resolution No. 362-22 Approval of plans,
specifications, form of contract, and estimated cost for the Upper Bee Branch Creek Railroad
Sanitary Interceptor Crossing Project. Seconded by Farber. Motion carried 7-0.
2. Public Hearing and Approval of Plaza Drive Urban Revitalization 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. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 39-22 Amending City
of Dubuque Code of Ordinances Title 3, Revenue and Taxation, Chapter 2 Revitalization Areas,
by adopting a new Section 9 Plaza Drive, establishing the Plaza Drive Urban Revitalization Area,
and establishing requirements for qualifying property owners. Seconded by Sprank. Motion
carried 7-0.
Wl ]Alea I'10111
Regarding Action Item No. 2, Duane Hagerty of Heritage Works, 489 W. 4' St.; Bill Doyle,
1591 White St.; Emily Sewell, 14247 N. Cascade Rd.; Adam Schwendinger, 570 W. 11t" St.;
David Klavitter, 1090 W. 3rd St.; R.R.S. Stewart, 460 Summit St.; and Terry Mozena, (provided
input virtually), 1036 W. 3rd St., spoke in opposition to the proposed ordinance. David Becker of
Cottingham & Butler, 800 Main St., Emma Stapleton, 263 Hill St.; Molly Grover of the Dubuque
Area Chamber of Commerce, 300 Main St.; and Rick Dickinson of Greater Dubuque
Development Corporation, 205 Hill St., spoke in support of the proposed ordinance. Susan Price
submitted virtual input for Action Item No. 2 via the GoToMeeting chat and confirmed that her
comments can be submitted to the City Clerk to be entered into the record. City Clerk Breitfelder
announced that written input was received for Action Item No. 2 from the following individuals:
Gary Stoppelman of the Dubuque Museum of Art; Andrew Butler, John Butler and David Becker
of Cottingham & Butler; Duane Hagerty of Heritage Works; Tom Peckosh, 2310 Simpson St.;
Zackary Kenz; Jeanne Quann; Molly Grover of the Dubuque Area Chamber of Commerce;
David Hartig; Rick Dickinson of Greater Dubuque Development Corporation; and Jeff Vaassen
and Danielle Jacobs of Dubuque Main St.
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ACTION ITEMS
1. Government Finance Officers Association (GFOA) Distinguished Budget Presentation
Award: Motion by Roussell to receive and file the documents. Seconded by Farber. City Council
congratulated Director of Finance and Budget Jenny Larson on the award. Responding to a
question from the City Council, Ms. Larson summarized the methods that residents can submit
input for the Fiscal Year 2024 budget process. Motion carried 7-0.
2. Approval of an Ordinance to Remove the Area Bounded by 7th Street, 8th Street, Bluff
Street, and Locust Street from the Conservation District: 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. City Council Members expressed support for the ordinance, stating that
there is a substantial need for childcare and that their scope for this request differs from the
Historic Preservation Commission's scope for the previously requested demolition permit for the
structure at 781 Locust St. City Council Members also stressed their commitment to continue
working together with various entities on these types of requests and that they are considered
on a case -by -case basis. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 40-22 Amending Title
16 of the City of Dubuque Code of Ordinances, Unified Development Code, by amending Article
10-8-A-8 pertaining to alteration of the Downtown Neighborhood Conservation District to remove
the city block bounded by 7th/Locust/8th/Bluff Streets. Seconded by Sprank. Motion carried 7-
0.
3. Resolution Approving the Fourth Amendment to Development Agreement by and among
the City of Dubuque, Roshek Property, LLC, Cottingham & Butler, Inc., and Heartland Financial
USA, Inc.: Motion by Farber to receive and file the documents and adopt Resolution No. 363-
22 Approving the Fourth Amendment to Development Agreement by and among the City of
Dubuque, Roshek Property, LLC, Cottingham & Butler, Inc. and Heartland Financial USA, Inc.
Seconded by Roussell. City Council Members expressed appreciation for the companies'
flexibility in amending the agreement. Motion carried 7-0.
4. Work Session Request - Five Flags: Motion by Roussell to receive and file the documents
and schedule the work session for Monday, December 5, 2022, at 5.30 p.m. Seconded by
Wethal. Request to amend the motion by Jones to start the work session at 5:00 p.m. to begin
with a walking tour of Five Flags. Motion amended by Roussell and seconded by Wethal. Motion
carried 7-0.
5. Dubuque County Watershed Partnership — 28E Agreement: Motion by Jones to receive
and file the documents and view the presentation. Seconded by Roussell. Civil Engineer II Deron
Muehring and Watershed Program Director Eric Schmechel made a presentation outlining some
of the successes of the Watershed Agreement partnership. Responding to questions from the
City Council, Mr. Muehring and Mr. Schmechel summarized the various regulatory agencies
involved with farm run-off and shared that conservation plans are available for farms. Mr.
Schmechel stated that the organization was not receiving American Rescue Plan Act (ARPA)
funding. Motion carried 7-0.
6. Bee Branch Creek Trail Phase 1 Project: Motion by Resnick to receive and file the
documents and adopt Resolution No. 364-22 Awarding Public Improvement Contract for the
El
Bee Branch Creek Trail Project— Phase 1 Project, Iowa DOT Project No. Tap-2100(697)-81-
31. Seconded by Sprank. Motion carried 7-0.
7. Amending Ordinance 38-22 for the Derby Grange Road Housing Urban Renewal Area:
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 Wethal. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 41-22 Amending
Ordinance No. 38-22 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 Wethal.
Motion carried 7-0.
8. Trash Cart Distribution Update: Motion by Resnick to receive and file the documents and
view the presentation. Seconded by Farber. Public Works Director John Klostermann, Assistant
Public Works Director Arielle Swift, and Resource Management Supervisor Jacob Jansen
provided an update on the city's trash cart distribution. Responding to questions from the City
Council, Mr. Klostermann and Ms. Swift stated that the department has considered hiring
contractors to deliver the trash carts but envisions that staff involvement would be beneficial and
that the updated work order system will assist with the distribution process. City Manager Van
Milligen summarized the public works staff incentive program, stating that all public works staff
complete their shift at the same time, and that staff are dispatched to assist with unfinished
routes until all routes are completed. Responding to a question from the City Council, Mr. Jansen
and Mr. Klostermann described their outreach efforts to residents, stating that residents can
contact the Public Works Department with any questions or can visit the department to view the
trash carts. Motion carried 7-0.
9. Work Session Request - Central Avenue Corridor Streetscape Master Plan Draft: Motion
by Jones to receive and file the documents and schedule the work session for Monday,
December 19, 2022, at 5.30 p.m. Seconded by Sprank. No schedule conflicts were expressed.
Motion carried 7-0.
10. Request to Reschedule July 3, 2023, City Council meeting to July 5, 2023: Motion by
Farber to receive and file the documents and reschedule the meeting as recommended.
Seconded by Roussell. Responding to a question from the City Council, City Attorney Brumwell
stated that city code provides the ability to reschedule meetings based on holidays and other
circumstances. Council Member Resnick stated that he is unable to attend. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Roussell and Mayor Cavanagh reported on attending the National League
of Cities City Summit.
Council Member Sprank reported on volunteering at multiple food giveaways.
CLOSED SESSION
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Motion by Jones to convene in closed session at 9:16 p.m. to discuss Purchase or Sale of
Real Estate — Chapter 21.5(1)(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 9:25 p.m. stating that staff had been given
proper direction.
There being no further business, Mayor Cavanagh declared the meeting adjourned at
9:25p.m.
/s/Adrienne N. Breitfelder
City Clerk
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