Minutes_City Council Proceedings 02.20.23 Copyrighted
March 6, 2023
City of Dubuque Consent Items # 01.
City Council Meeting
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: City Council Proceedings of 2/20/23 and 2/21/23; Civil Service
Commission of 2/8/23 and 2/20/23; Resilient Community Advisory
Commission of 1/5/23 and 2/2/23; Proof of Publication for City Council
Proceedings of 2/6/23.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
City Council Proceedings of 2/20/23 Supporting Documentation
City Council Proceedings of 2/21/23 Supporting Documentation
Civil Service Commission of 2/8/23 Supporting Documentation
Civil Service Commission of 2/20/23 Supporting Documentation
Resilient Community Advisory Commission of 1/5/23 Supporting Documentation
Resilient Community Advisory Commission of 2/2/23 Supporting Documentation
Proof of Publication for City Council Proceedings of Supporting Documentation
2/6/23
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 6:00 p.m. on February 20, 2023, in the
second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Cavanagh; Council Members Farber (arrived at 6:07 p.m.), Jones, Resnick,
Roussell, Sprank, Wethal; City Manager Van Milligen, 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 Travel Dubuque
WORK SESSION
Travel Dubuque Annual Update
Travel Dubuque President and CEO Keith Rahe provided the organization's annual
presentation. Mr. Rahe responded to questions from the City Council following the presentation.
There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:27
p.m.
/s/Adrienne N. Breitfelder, CMC
City Clerk
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on February 20, 2023, 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
PROCLAMATION(S)
1. Birthday of Captain Robert L. Martin during Black History Month (February 2023) was
accepted by Anthony Allen and R.R.S. Stewart on behalf of the Captain Robert L. Martin
Commemoration Committee and the Dubuque Branch of the NAACP.
2. Dubuque's Read Across America Day (March 2, 2023) was accepted by Beth McGorry on
behalf of St. Mark Youth Enrichment.
CONSENTITEMS
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 1/30/23 and 2/6/23; Equity
and Human Rights Commission of 8/8/22, 9/12/22, 11/14/22, and 12/12/22; Historic
Preservation Commission of 1/19/23; Library Board of Trustees of 10/27/22, 11/16/22, and
12/15/22; Library Board of Trustees Update of 1/26/23; Zoning Advisory Commission of 2/1/23;
Zoning Board of Adjustment of 1/26/23; Proof of publication for City Council Proceedings of
1/17/23 and 1/30/23. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Steven Grutzmacher for mileage reimbursement; Michael
Lange for vehicle damage; John Lockwood for vehicle damage. Upon motion the documents
were received, filed, and referred to the City Attorney.
3. Approval of City Expenditures: Upon motion the documents were received and filed, and
Resolution No. 38-23 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.
4. Authorized Depository Institutions: Upon motion the documents were received and filed,
and Resolution No. 39-23 Naming Depositories was adopted.
5. 2022 Calendar year Certified Local Governments Annual Report and 2023 Historic
Preservation Commission Annual Workplan: Upon motion the documents were received, filed,
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and approved.
6. Fiscal Year 2023 Certified Local Government Grant Agreement for Voelker Highlands
Survey: Upon motion the documents were received and filed, and Resolution No. 40-23
Approving CLG Grant Agreement with the lowa Department of Cultural Affairs for the Voelker
Highlands Intensive Architectural Survey was adopted.
7. Fiscal Year 2023 Certified Local Government Grant Agreement for the Deereville Survey:
Upon motion the documents were received and filed, and Resolution No. 41-23 Approving CLG
Grant Agreement with the lowa Department of Cultural Affairs for the Deereville Intensive
Architectural Survey was adopted.
8. US Census Boundary and Annexation Survey: Upon motion the documents were received
and filed.
9. Solar@Scale Letter of Support: Upon motion the documents were received, filed, and
approved.
10. Signed Contract(s): Carrico Aquatic Resources, Inc. for the Sutton Pool Filter
Replacement; McDermott Excavating for the Briarwood Subdivision Water Connection. Upon
motion the documents were received and filed.
11. Improvement Contracts / Performance, Payment and Maintenance Bonds: Carrico
Aquatic Resources for the Flora Pool Filter Tank & Recirculation Pump Replacement Project.
Upon motion the documents were received, filed, and approved.
12. Chavenelle Road — NW Arterial to Radford Road Reconstruction Project: Upon motion
the documents were received and filed, and Resolution No. 42-23 Accepting the Chavenelle
Road — NW Arterial to Radford Road Reconstruction Project and authorizing the payment of the
contract amount to the contractor and Resolution No. 43-23 Adopting the Final Assessment
Schedule for the Chavenelle Road — NW Arterial to Radford Road Reconstruction Project were
adopted.
13. Bee Branch Creek Railroad Culverts Trail Project Acceptance: Upon motion the
documents were received and filed, and Resolution No. 44-23 Accepting the Bee Branch Creek
Railroad Culvert Trail Project and authorizing the payment of the contract amount to the
contractor was adopted.
14. Upper Bee Branch Creek Railroad Culverts Project Acceptance: Upon motion the
documents were received and filed, and Resolution No. 45-23 Accepting the Upper Bee Branch
Creek Railroad Culverts Project and authorizing the payment of the contract amount to the
contractor was adopted.
15. Approval of Plat of Survey (ROW Vacation) of Lot 2-2-1-2-1-2-2-2-2-2-B of the Northeast
Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of
Dubuque, lowa for Vacation Petition (to Hills and Dales Childhood Development Center) as part
of the Stoneman Road Reconstruction Project: Upon motion the documents were received and
filed, and Resolution No. 46-23 Approving Plat of Proposed Vacated Portion of Stoneman Road,
in the City of Dubuque, lowa, to be known as Lot 2-2-1-2-1-2-2-2-2-2-B of the Northeast Quarter
of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, lowa
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was adopted.
16. Calendar Year 2022 Urban Revitalization Program Applications: Upon motion the
documents were received and filed, and Resolution No. 47-23 Approving Property Tax
Abatement Applications Submitted by Property Owners in Urban Revitalization Areas and
Authorizing the transmittal of the approved applications to the City Tax Assessor was adopted.
17. First Amendment to Community Development Block Grant Subrecipient Agreement
between the City of Dubuque and Four Mounds Foundation: Upon motion the documents were
received and filed, and Resolution No. 48-23 Authorizing the First Amendment to the CDBG
Subrecipient Agreement between the City of Dubuque and Four Mounds Foundation was
adopted.
18. Approval of Retail Alcohol Licenses: Upon motion the documents were received and filed,
and Resolution No. 49-23 Approving applications for retail alcohol licenses, 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
hearings as indicated. Seconded by Wethal. Motion carried 7-0.
1. Set Public Hearing Petition to Vacate and Dispose of City Interest in a portion of the
Stoneman Road Right of Way, in the City of Dubuque, lowa for Vacation Petition (to Hills and
Dales Childhood Development Center) as part of the Stoneman Road Reconstruction Project:
Upon motion the documents were received and filed and Resolution No. 50-23 Intent to vacate
and dispose of city interest in a portion of Stoneman Road, in the City of Dubuque, lowa, to be
known as Lot 2-2-1-2-1-2-2-2-2-2-B of the Northeast Quarter of the Northeast Quarter of Section
28, T89N, R2E of the 5th P.M., in the City of Dubuque, lowa was adopted setting a public hearing
for a meeting to commence at 6:30 p.m. on March 6, 2023 in the Historic Federal Building.
2. Set Public Hearing for Disposition of City-Owned Property at 612 Lincoln Avenue: Upon
motion the documents were received and filed and Resolution No. 51-23 Intent to dispose of an
interest in City of Dubuque real estate to Affordable Housing Network, Inc, setting a time and
place for hearing, 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 March 6, 2023 in the Historic Federal
Building.
3. Resolution of Necessity for the Amendment of the Dubuque Industrial Center Economic
Development District Urban Renewal Plan, Version 2023.1 : Upon motion the documents were
received and filed and Resolution No. 52-23 Authorizing and directing the City Manager to
prepare an Amended and Restated Urban Renewal Plan Version 2023.1 for the Dubuque
Industrial Center Economic Development District, setting a date for the public hearing and
directing the consultation process on the proposed Amended and Restated Urban Renewal Plan
Version 2023.1 for said district was adopted setting a public hearing for a meeting to commence
at 6:30 p.m. on March 20, 2023 in the Historic Federal Building.
4. Resolution of Necessity for the Amendment of the Dubuque Industrial Center Economic
Development District Urban Renewal Plan, Version 2023.2: Upon motion the documents were
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received and filed and Resolution No. 53-23 Authorizing and directing the City Manager to
prepare an Amended and Restated Urban Renewal Plan Version 2023.2 for the Dubuque
Industrial Center Economic Development District, setting a date for the public hearing and
directing the consultation process on the proposed Amended and Restated Urban Renewal Plan
Version 2023.2 for said district was adopted setting a public hearing for a meeting to commence
at 6:30 p.m. on March 20, 2023 in the Historic Federal Building.
BOARDS/COMMISSIONS
Appointments were made to the following board.
Zoning Board of Adjustments: One, 5-Year term through March 25, 2027 (Vacant term of
Golombeski); One, 5-Year term through March 25, 2028 (Expiring term of Mauss). Applicants:
Matthew Mauss, 1540 N. Algona St. - Additional Applicant; Rena Stierman, 390 Moore Heights.
This commission is subject to the State of lowa Gender Balance Law, §69.16A. 5
Commissioners total; currently 2 males/1 female/ 2 opening. Motion by Jones to appoint Mr.
Mauss to the five-year term through March 25, 2028 and to appoint Ms. Stierman to the five-
year term through March 25, 2027. Seconded by Sprank. Motion carried 7-0.
PUBLIC HEARINGS
1. Public Hearing for Resolution Establishing Maximum Property Tax Dollars for Fiscal Year
2024: Motion by Roussell to receive and file the documents and adopt Resolution No. 54-23
Approval of the Fiscal Year 2024 Maximum Property Tax Dollars for the affected tax levy total.
Seconded by Farber. Josh and Emily Chamberland, 2145 Delaware St.; and Rich Miescke, 3199
Sheridan Rd., spoke in opposition to property tax increases. City Clerk Breitfelder stated that
written input was received from Steve [no last name provided], 2667 Marywood Dr. City Council
Members discussed the challenges of approving the maximum property tax dollars before the
budget public hearings, as required by law, and justifications for their preferred maximum
property tax dollars. Motion carried 5-2 with Cavanagh and Resnick voting nay.
2. Amending Zone B of the Dubuque Industrial Center West Planned Unit Development to
allow childcare centers, early learning centers, general office, data centers, and emergency call
centers: 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 staff report. Rick Dickinson, 205 Hill St., President and
CEO of Greater Dubuque Development Corporation; and Ryan Sempf, 7819 Commerce Park,
Unit 300, Vice President of Government and External Affairs of the Dubuque Area Chamber of
Commerce and Zoning Advisory Commission Member; spoke in support of the amendment. City
Clerk Breitfelder stated that Tom Rauen submitted written input to the Planning Services
Department. City Council Members expressed support for the amendment. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 6-23 Amending Title
16, Unified Development Code of the City of Dubuque Code of Ordinances, by rescinding
Ordinance No. 32-18 which established regulations for a PUD Planned Unit Development
District with a PI Planned Industrial Designation and adopting an Amended PUD Ordinance to
allow for Childcare Centers, Early Learning Centers, General Office, Data Centers, and
Emergency Call Centers within the Zone B of the PUD Planned Development District. Seconded
by Sprank. Motion carried 7-0.
3. Resolution Approving the Disposition of an Interest in City-Owned Real Estate Pursuant to
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the Development Agreement by and between the City of Dubuque and Seippel Warehouse,
LLC, Including the Issuance of Urban Renewal Tax Increment Revenue Grant Obligations:
Motion by Jones to receive and file the documents and adopt Resolution No. 55-23 Approving
the disposal of an interest in City of Dubuque owned real estate by sale to Seippel Warehouse,
LLC, pursuant to a Development Agreement by and between the City of Dubuque and Seippel
Warehouse, LLC, including the issuance of Urban Tax Increment Revenue Obligations to
Seippel Warehouse, LLC. Seconded by Farber. Randy Schmitt, 3085 Castle Woods Ln., Chief
Financial Officer of Gronen; and Shawn Hilborn, 17509 Alan Jackson Dr., Chief Operating
Officer of Gronen, summarized the project and displayed a layout of the proposed updates. Rick
Dickinson, 205 Hill St., President and CEO of Greater Dubuque Development Corporation,
spoke in support of the development agreement. City Council Members thanked Gronen and
Simmons Pet Food for their work. Motion carried 7-0.
PUBLIC INPUT
Regarding Action Item No. 3, Clark Scholz, 2925 Burlington St.; James Stewart, 1425
University Ave.; and Jamie Carr, 945 Clark Dr., spoke in opposition to the proposed ordinance.
Ryan Sempf, 7819 Commerce Park, Unit 300; spoke on behalf of the Dubuque Area Chamber
of Commerce regarding Action Item No. 3, stating that the chamber has yet to determine their
position on the item but advised City Council Members refer to the survey results of chamber
members regarding the topic. City Clerk Breitfelder stated that written input was received
regarding Action Item No. 3 from the following residents: Ed Dissell, 2208 Suzanne Dr.; Molly
Grover, President and CEO of the Dubuque Area Chamber of Commerce; Lance Kirby, 440
Burch St.; Art and Karen Rokusek, 14248 Augusta Ct.; and James Ploessl, 825 Harlan St.
ACTION ITEMS
1. Resolution Approving First Amendment to Amended and Restated Development
Agreement Between the City of Dubuque and Simmons Pet Food, Inc.: Motion by Jones to
receive and file the documents and adopt Resolution No. 56-23 Approving the First Amendment
to the Amended and Restated Development Agreement by and between the City of Dubuque
and Simmons Pet Food, Inc. Seconded by Sprank. City Attorney Brumwell stated that there
must be a motion to amend Section 6.1 of the Development Agreement due to a late change to
the agreement to add language related to the additional jobs that will be created. The change in
language indicates an additional 10 full-time equivalents for a total of 281 full-time equivalents
may be divided between management and hourly production categories as dictated by
Simmons's business needs from time to time. A motion to amend with the change needs to be
done to include that language, and then City Council may approve the amended development
agreement by returning to the original motion of approving the development agreement, as
amended. Motion by Farber to amend the first amendment to the amended and restated
development agreement by and between the City of Dubuque and Simmons Pet Food, Inc. to
incorporate the updated language stated by Brumwell regarding Section 6.1 of the development
agreement. Seconded by Roussell. Motion carried 7-0.
Returning to the original motion to receive and file and adopt the resolution, as amended,
motion carried 7-0.
2. Naming Recognition Request — Multicultural Family Center: Motion by Resnick to receive
and file the documents and approve the naming recognition and naming signage request made
by the Multicultural Family Center (non-profit) regarding the Multicultural Family Center.
Seconded by Sprank. John Stewart, 2375 Coventry Park Unit A202, Multicultural Family Center
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Board Member, provided an overview of the proposal. City Council Members commended the
request. Motion carried 7-0.
3. First Reading Proposed Ordinance Automated Speed Enforcement: Motion by Jones to
move first reading of the following ordinance: Amending Title 9 Motor Vehicles and Traffic,
Chapter 7 Operation, Division 5 Speed Restrictions by enacting a new Section 9-7-321.286
Automated Speed Enforcement regarding automated speed enforcement and the process for
challenging an automated speed citation. Seconded by Sprank. Point of Order by Brumwell to
add receive and file to the motion. So moved by Jones and seconded by Sprank. Responding
to a question from the City Council, Police Chief Jeremy Jensen stated that the Engineering
Department does not have any concrete data on speeding and the suggestions for speed
camera placement were based on the high number of crashes at specific locations and the
number of resident complaints regarding speeding at specific locations. City Engineer Gus
Psihoyos stated that the department has devices that capture all vehicle speeds and advised
they be installed in May to avoid potential damage from winter weather. Mr. Psihoyos stated the
department currently owns 10 devices and may order more, making the total count up to 15.
Responding to questions, City Manager Van Milligen stated that there will be signs notifying
drivers of speed camera locations and that city staff intend to provide City Council will a quarterly
report on speed camera data. After City Council Members deliberated automated speed
enforcement at length, a suggestion was made to postpone the ordinance until baseline data is
available on the number of vehicles speeding in the city. Responding to a question on the
process to delay the ordinance, City Attorney Brumwell stated that postponement could be done
definitely to a particular date, or indefinitely. If postponed definitely, then the item would
automatically appear on the agenda on the date specified. City Manager Van Milligen suggested
June 5, 2023, as the definite postponement date.
City Council Members also discussed amending the first offense civil fine within the
ordinance. Motion by Farber to amend Section D, Item 2, of the proposed ordinance to have the
first offense civil fine be $0 for all first offenses, regardless of speeding range, thus deeming the
first offense a courtesy ticket without a fine. Seconded by Roussell. Responding to questions,
City Attorney Brumwell stated that all the fines listed in the first offense column of the Item 2
table will be shifted to the second and subsequent offenses column, and that the ordinance does
not contain a timeframe for issuing a second offense civil fine. Motion carried 6-1 with Resnick
voting nay.
Motion by Jones to postpone discussion on the ordinance until a meeting in June of 2023
when staff is ready to present data to the City Council. Seconded by Farber. Point of Order by
Brumwell that the motion should include to postpone the ordinance as amended. So moved by
Jones and seconded by Farber. Regarding a specific date in June to postpone until, Jones
stated that the June 5, 2023 meeting could be the date, or it could be the June 20, 2023 meeting,
depending on when staff will have the data ready. City Attorney Brumwell confirmed that the first
reading of the ordinance will remain the action that appears on the agenda if the item is
postponed. Responding to a question regarding funeral processions being excused from
offenses, City Attorney Brumwell stated that is consistent across ordinances and best practices
throughout the state and was included in the ordinance for consistency. Motion carried 7-0.
4. Automated Speed Enforcement Policy: Responding to a question from the City Council,
City Attorney Brumwell advised that based on the City Council's postponement of Action Item
No. 3 until June of 2023, that the motion for this item be to receive and file and place on the
June 5, 2023, agenda for further review. Motion by Roussell to receive and file the documents
and place the draft Automated Speed Enforcement Policy on the June 5, 2023, agenda for
further review. Seconded by Sprank. Motion carried 7-0.
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5. Secondary Responder Model: Motion by Jones to receive and file the documents, approve
the recommendations on utilizing the Internal Working Group as the backbone to a secondary
responder model, allow for the exploration of co-locating services in the Federal Building, identify
community partners to support the efforts of secondary responders, and continue to pursue
funding for co-responder position(s), and listen to the presentation. Seconded by Roussell.
Police Chief Jeremy Jensen made a presentation. City Council Members commended the
recommendations and stated that this is a community issue that will take the community's
support to address. Motion carried 7-0.
6. Fiscal Year 2024 Recommended Budget: Motion by Resnick to receive and file the
documents and listen to the presentation. Seconded by Roussell. City Manager Van Milligen
made a presentation on the Fiscal Year 2024 recommended budget. Motion carried 7-0.
7. Fiscal Year 2024 Budget Hearing Schedule: Motion by Jones to receive and file the
documents. Seconded by Roussell. Motion carried 7-0.
8. Sanitary Sewer Asset Management Plan Consulting Engineering Services: Motion by
Roussell to receive and file the documents, approve releasing a request for qualifications (RFQ)
to hire a consultant to assist with the development of the City's Sanitary Sewer Asset
Management Plan, and listen to the presentation. Seconded by Farber. Civil Engineer Max
O'Brien made a presentation. Responding to questions from the City Council, Mr. O'Brien stated
that the goal of the plan is to develop quantifiable and data driven processes to aid in capital
improvement planning and that social and economic impact is considered part of the critical
assets. City Council Members stated that the plan will provide good information to share with
the public. Motion carried 7-0.
9. Reschedule Sustainable Dubuque Quarterly Work Session: Motion by Roussell to receive
and file the documents and reschedule the July 17th Sustainable Dubuque work session to
Monday, August 7, 2023, at 5:30 p.m. Seconded by Jones. No schedule conflicts were
expressed. Motion carried 7-0.
CLOSED SESSION
Motion by Jones to convene in closed session at 10:22 p.m. to discuss Purchase or Sale of
Real Estate — Chapter 21.5(1)(j) Code of lowa. Seconded by Roussell. 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 10:37 p.m. stating that staff had been given
proper direction.
There being no further business, Mayor Cavanagh declared the meeting adjourned at 10:37
p.m.
/s/Adrienne N. BreitFelder, CMC
City Clerk
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