Proof_City Council Proceedings 11.21.22City of Dubuque
City Council Meeting
Consent Items # 01.
Copyrighted
December 19, 2022
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: Building Code Advisory and Appeals Board of 9/15/22; Civil Service
Commission of 12/5/22; City Council Proceedings of 11/30/22 and
12/5/22; Five Flags Civic Center Advisory Commission of 11/28/22;
Housing Commission of 10/25/22; Zoning Advisory Commission of
12/7/22; Proof of Publication for City Council Proceedings of 11/21/22.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description
Type
Building Code Advisory and Appeals Board Minutes of Supporting Documentation
9/15/22
Civil Service Commission Minutes of 12/5/22
Supporting Documentation
City Council Proceedings of 11/30/22
Supporting Documentation
City Council Proceedings of 12/5/22
Supporting Documentation
Five Flags Civic Center Advisory Commission Minutes
Supporting Documentation
of 11 /28/22
Housing Commission Minutes of 10/25/22
Supporting Documentation
Zoning Advisory Commission Minutes of 12/7/22
Supporting Documentation
Proof of Publication for City Council Proceedings of
Supporting Documentation
11/21/22
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:
11/30/2022
and for which the charge is 264.44
Subs ribed to before me, a No ry Public in and for
Dubuque County, Iowa,
this 30th day of November, 2022
<L
Notary Public i td for Dubuque County, Iowa.
JANET K. PAPE
M1` 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 November 21, 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 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
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.
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
1 Ith St. - Current member of Catfish Creek Watershed
Management Authority - term expires 7/16/24; and Lori
011endick, 1390 Oak Park Pl. - 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.
PUBLIC INPUT
Regarding Action Item No. 2, Duane Hagerty of Heritage
Works, 489 W. 4th St.; Bill Doyle, 1591 White St.; Emily
Sewell, 14247 N. Cascade Rd.; Adam Schwendinger, 570 W. I Ith
St.; David Mavitter, 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.
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 Commissions
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 I Project: Motion by Resnick
to receive and file the documents and adopt Resolution No.
364-22 Awarding Public Improvement Contract for the Bee Branch
Creek Trail Project Phase 1 Project, Iowa DOT Project No.
Tap-2100(697)-8I-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 Bramwell 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
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)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 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
It 11/30