03 20 23 Agenda - Special and RegularR O LL C AL L O R D E R F O R ME E TIN G O F
Mar ch 20, 2023
Resnick, Far ber, Jones, R oussell, Spr ank, W ethal, C avanagh
Viewing and Participation O ptions
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vir tually. The meeting will be aired live on CityChannel Dubuque (Mediacom cable channels 8
and 117.2), str eamed live and archived on the City’s website
a t w ww.city ofdubuque .org/m e dia, and streamed live on the City’s Face book page
at w ww.face book.com/city ofdubuque .
The public can provide in-per son, audio, and written input during sections of the agenda
where public input is accepted. It is strongly recommended that all members of the public who
intend to provide in-person or virtual public input contact the City C lerk at least 24 hours
prior to the meeting to provide notice of intent to provide public input. This will help City staff
anticipate participation levels at the meeting. Contact the City Clerk
at ctyclerk@cityofdubuque.org or 563-589-4100.
For in-person input, please reference the instructions on speaking within the Consent Items,
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C ITY O F D U B U Q U E, IO W A
C IT Y C O U N C IL ME E T IN G
H istoric Federal Building: 350 W . 6th Street -
Second-Floor Council C hambers.
Vir tual par ticipation options are also available. Please
see the infor mation above for options.
Mar ch 20, 2023
Council meetings are video streamed live and archived at www.cityofdubuque.org/media and
on Dubuque's CityChannel on the Mediacom cable system at cable channel 8 and digital 117.2
W O R K SESSIO N
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1.6:00 P M - D ubuque Regional Bicycle & Pedestrian Plan U pdate
Laura C arstens and Dan Fox of the E ast Central I ntergovernmental A ssoc iation (E C I A) will
give a presentation on the status of the Dubuque Regional Bic yc le and Pedestrian Plan.
R E G U L AR S E S S IO N
6:30 P M
P LED G E O F ALL E G IAN C E
P R E S E N TAT IO N(S)
1.C O V ID -19 U pdate
Public Health D irec tor Mary Rose Corrigan will provide an update on the C OV I D -19 pandemic
and response activities.
C O N S E N T ITEMS
The c onsent agenda items are considered to be routine and non-c ontroversial and all consent items
will be normally voted upon in a single motion without any separate disc ussion on a partic ular item. I f
you would like to discuss one of the C onsent I tems, please go to the microphone and be recognized
by the May or and state the item y ou would like removed from the Consent Agenda for separate
disc ussion and consideration.
1.Minutes and Reports Submitted
Building C ode Advisory and Appeals Board of 1/5/23; City C ounc il P roc eedings of 2/27/23, 3/06/23,
03/07/23, 03/08/23 and 03/09/23; Resilient C ommunity A dvisory C ommission of 3/2/23; Zoning Advisory
C ommission of 3/1/23; Zoning B oard of A djustment of 2/23/23.
Suggested D isposition: R eceive and File
2.N otice of C laims and Suits
Nic olas Hay es for vehicle damage; J eff Lehman for vehicle damage.
Suggested D isposition: R eceive and File; R efer to City Attorney
3.D isposition of C laims
C ity Attorney advising that the following c laims have been referred to P ublic Entity Risk Servic es of I owa,
the agent for the I owa C ommunities A ssuranc e P ool: Nic ole Hay es for vehicle damage; J eff Lehman for
vehicle damage.
Suggested D isposition: R eceive and File; C oncur
4.Appr oval of C ity E xpenditures
C ity Manager rec ommending C ity Council approval for payment of City expenditures.
R E S O L U T IO N Authorizing the Chief Financ ial Officer/C ity Treasurer to make certain pay ments of bills
that must be paid and approved for pay ment in ac cordanc e with C ity procedures
Suggested D isposition: R eceive and File; Adopt R esolution(s)
5.U .S. Environmental P rotection Agency Solid W aste R ecycling Gr ant
C ity Manager rec ommending C ity Council approval of the submittal of a U.S. Environmental Protec tion
Agency Solid W aste Recy cling Grant applic ation.
Suggested D isposition: R eceive and File; Approve
6.Letter of O pposition to Iowa Senate File 479
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C ity Manager providing a c opy of a letter to I owa Representative Chuc k I senhart in opposition to I owa
Senate File 479, a bill for an act repealing energy conservation requirements for new construction.
Suggested D isposition: R eceive and File
7.C ivil S er vice Commission - C er tified Lists
C ivil Servic e Commission submitting the certified lists for the positions of P olice Officer and Fire
Promotional ranks of A ssistant Fire Chief, Assistant Fire Marshal, Fire Captain, E MS S upervisor, Fire
Equipment Operator and Fire Lieutenant.
Suggested D isposition: R eceive and File; Make Matter of R ecord
8.Exclusive 3-Year S oft Dr ink P rovider Agreement for Leisur e S er vices
C ity Manager rec ommending C ity Council approval of the 3-year P epsi agreement with Lime Rock
Springs as the exclusive soft drink provider for the B unker Hill Golf Course, Mc Aleece C oncession, Flora
and Sutton Pools c oncession, Veterans Memorial P ark and the Port of Dubuque Marina.
Suggested D isposition: R eceive and File; Approve
9.Pr e-Annexation Agreement – Ter rence L. and Barbara B ahl
C ity Manager rec ommending C ity Council adopt the resolution approving the Terrence L. and Barbara
Bahl pre-annexation agreement and authorize the Mayor to sign the agreement on behalf of the C ity of
D ubuque.
R E S O L U T IO N Approving a P re-Annexation A greement between the C ity of D ubuque, I owa and
Terrence L. and Barbara B ahl
Suggested D isposition: R eceive and File; Adopt R esolution(s)
10.Signed C ontract(s)
Experience Roofing for the C entral Storage Rubber Roof Repair; S ustainable S trategies D C for
professional strategic funding services.
Suggested D isposition: R eceive and File
11.Menar d Inc. Pr oper ty Tax Appeal S tipulation of S ettlement Appr oval
Senior C ounsel rec ommending approval of the stipulation of settlement for a property tax appeal filed by
Menard I nc . for their property located at 5300 W estside D rive.
Suggested D isposition: R eceive and File; Approve
12.C anadian P acific R ailway Acquisition of K ansas C ity S outher n R ailr oad & Pending
Merger Update
Project Manager S teve S ampson B rown is providing updated information related to the proposed merger
of the C anadian Pacific and K ansas City Southern Railroads.
Suggested D isposition: R eceive and File
13.Pur chase Agreement for Temporary D etour Easement Across Lot 1 in R iverview Plaza
N o. 4 as Part of the Kerper Boulevard and Kerper Cour t Inter section Impr ovements
Pr oject with H W Y 151 & 61 D evelopment, L LC
C ity Manager rec ommending C ity Council approval of a P urc hase Agreement with HW Y 151 & 61, L L C
for a temporary detour easement across Lot 1 in Riverview Plaza No. 4, in the City of Dubuque, I owa as
part of the K erper B oulevard and K erper Court I ntersec tion I mprovements P rojec t.
R E S O L U T IO N Approving a P urc hase Agreement B etween the c ity of D ubuque, I owa and HW Y 151 &
61 Development, LLC for a Temporary Detour Easement A cross Lot 1 in Riverview Plaza No. 4 in the c ity
of Dubuque I owa as P art of the K erper B oulevard and K erper Court I ntersec tion I mprovements P rojec t
Suggested D isposition: R eceive and File; Adopt R esolution(s)
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14.Amendment to Master Agr eement and P roject S tatement - ImO n C ommunications L LCCity Manager rec ommending C ity Council approval of the 13th A mendment to an existing Master
Agreement and P rojec t Statement in place between the C ity of D ubuque and I mOn C ommunic ations LLC
Suggested D isposition: R eceive and File; Approve
15.Master Agr eement and P roject S tatement Amendment - U nite P rivate N etwork (U P N)
C ity Manager rec ommending C ity Council approval of an amendment to an existing Master A greement
and Project S tatement between the City of Dubuque and Unite Private Network (UP N).
Suggested D isposition: R eceive and File; Approve
16.Tobacco P er mit Application
C ity Manager rec ommending C ity Council approval of annual liquor, beer, wine and tobac co license
applic ations as submitted.
R E S O L U T IO N Approving applications for retail cigarette/tobac co sales/nicotine/vapor permits, as
required by I owa Code C hapter 453A .47A
Suggested D isposition: R eceive and File; Adopt R esolution(s)
IT E MS S E T F O R P U B LIC H E AR IN G
These agenda items ar e being scheduled for a futur e public hearing on the date indicated.
1.Set Public H earing - D isposition of C ity-Owned P roperty at 612 Lincoln Avenue
C ity Manager rec ommending C ity Council set a Public Hearing for April 3, 2023, to approve the
disposition of City -owned real property located at 612 Lincoln Ave to Affordable Housing
Network I nc.
R E S O L U T IO N I ntent to dispose of an interest in C ity of D ubuque real estate to
Affordable Housing Network, I nc , setting a time and place for hearing, and providing for the
public ation of notic e thereof
Suggested D isposition:
R eceive and File; Adopt R esolution(s), Set Public H earing for April 3, 2023
2.Set for P ublic Hear ing - Br ehm Acres Voluntar y Annexation R equest
C ity Manager rec ommending C ity Council adopt a resolution to set a public hearing for April
17, 2023, on the voluntary annexation request filed by J ohn and D iane B rehm (property
owners) and S eippel W arehouse LLC (applicant and future owner) for approximately 2.804
acres of property.
R E S O L U T IO N S etting a P ublic Hearing on an Application for Voluntary Annexation of
Territory to the City of Dubuque, I owa
Suggested D isposition:
R eceive and File; Adopt R esolution(s), Set Public H earing for April 17, 2023
P U B L IC H E AR IN G S
Residents ar e invited to addr ess the City C ouncil regar ding the following agenda items.
P lease come to the podium and state your name and addr ess when the item you wish to
speak to is being consider ed.
1.R equest to Amend P lanned U nit D evelopment 2600 Dodge Str eet, P laz a 20
Proof of publication on notice of public hearing to consider approval of a request from Michael
Kahle, Plaza 20 to rezone property loc ated at 2600 D odge Street, Plaza 20 to amend the
Plaza 20 Planned Unit Development boundary and signage regulations, and Zoning
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Advisory Commission recommending approval.
O R D IN AN C E Amending Title 16, The Unified Development C ode of the City of Dubuque Code
of Ordinanc es by rescinding Ordinanc e 51-16 whic h established regulations for the P laza 20
P UD Planned Unit Development D istrict with a Planned Commerc ial D esignation and now
being amended to allow for modific ation of the On-P remise S ign Regulations applied to P laza
20.
Suggested D isposition: R eceive and File; Motion B; Motion A
2.R equest to r ez one the property of approximately 2.4-acr e irr egularly shaped site with
frontage along Carter Road P IN 1015453009 pr oper ty to a Planned Unit Development
with P R -P lanned R esidential designation.
Proof of publication on notice of public hearing to consider approval of a request from K evin
Oberbroec kling, C K C onstruc tion to rezone property of approximately 2.4-acre irregularly
shaped site with frontage along C arter Road P I N 1015453009 property to a Planned Unit
D evelopment with P R-Planned Residential designation and the Zoning A dvisory C ommission
recommending approval.
O R D IN AN C E Amending Title 16 of The Unified Development C ode of the City of Dubuque
C ode of Ordinances by Resc inding Ordinance 10-96 and Ordinanc e 45-93 and A dopting a
P UD Planned Unit Development with a P R Planned Residential D istrict Designation and
C onceptual D evelopment P lan for one 16-Unit and one 24-Unit Multi-Family Residential
Building with a Detac hed Garage.
Suggested D isposition: R eceive and File; Motion B; Motion A
3.Amendment of the Dubuque Industr ial Center Economic Development District U rban
R enewal Plan, Version 2023.1
Proof of publication on notice of public hearing to consider City Council adopt a resolution
for the Amended and Restated Urban Renewal Plan for Dubuque Industrial Center
Economic Development District Version 2023.1, and City Manager recommending
approval.
R E S O L U T IO N A pproving the Amended and Restated Urban Renewal P lan, Version 2023.1,
for the D ubuque I ndustrial C enter E conomic D evelopment Distric t
Suggested D isposition: R eceive and File; Adopt R esolution(s)
4.Amendment of the Dubuque Industr ial Center Economic Development District U rban
R enewal Plan, Version 2023.2
Proof of publication on notice of public hearing to consider City C ounc il adopt the resolution
for the A mended and Restated Urban Renewal Plan for Dubuque I ndustrial Center Ec onomic
D evelopment Distric t Version 2023.2, and City Manager recommending approval.
R E S O L U T IO N Approving the A mended and Restated Urban Renewal Plan, Version 2023.2,
for the D ubuque I ndustrial C enter E conomic D evelopment Distric t
Suggested D isposition: R eceive and File; Adopt R esolution(s)
5.R equest to Vacate a Por tion of C er tain S anitary Sewer E asements across a P ar t of Lot
1 of D ubuque Industrial C enter 14th Addition
Proof of P ublic ation on notic e of public hearing to c onsider vac ating a portion of the sanitary
sewer easements ac ross a part of Lot 1 of D ubuque I ndustrial C enter 14th Addition, in the City
of Dubuque, I owa and C ity Manager rec ommending approval.
R E S O L U T IO N Disposing of Property by Vacating C ity I nterest in a P ortion of Easements for
Sanitary S ewer Utilities Over and A cross a Part of Lot 1 of D ubuque I ndustrial C enter 14th
Addition, in the City of Dubuque, I owa
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Suggested D isposition: R eceive and File; Adopt R esolution(s)
P U B L IC IN P U T
A t this time, any one in the C ounc il Chambers may address the C ity Council on the A ction I tems on
the agenda or on matters under the c ontrol of the C ity Council. Residents are asked to approach the
podium and state their name and address before proceeding with their c omments. I ndividual remarks
are limited to five minutes, and the overall P ublic I nput period is limited to 30 minutes. Under the I owa
Open Meetings Law, the City C ounc il can take no formal ac tion on comments given during Public
I nput which do not relate to Ac tion I tems on the Agenda.
AC T IO N ITEMS
These are items where discussion is held by the City C ouncil - public comments are not
allowed except as author ized by the Mayor.
1.Solid W aste Automated C urbside Collection S ystem Implementation C ouncil Update
C ity Manager submitting information on the implementation plan for the automated solid waste
c onveyanc e system and the distribution of solid waste carts to support that sy stem.
Public W orks staff will make a presentation.
Suggested D isposition:
R eceive and File; Pr esentation
2.Emergency Pr eparedness Railway Incidents Pr esentation
(Engineer ing)
(Power P oint is only attachment)
Thomas B erger, E mergenc y Management C oordinator will make a presentation on
the E mergenc y P reparedness Railway I nc idents
Suggested D isposition:
R eceive and File: Pr esentation
3.Gr and River C enter Management Agreement with Global Spectr um, L.P. d/b/a O V G360
Appr oval
C ity Manager rec ommending approval of the Grand River C enter Management A greement
between the C ity of D ubuque and Global S pectrum, L.P. d/b/a OV G360.
Suggested D isposition: R eceive and File; Approve
4.Amending Tax Incr ement Or dinance 28-22A for the D ubuque Industrial C enter E conomic
D evelopment D istr ict, as amended by Version 2022.3 of the Amended and Restated P lan
C ity Manager rec ommending that the C ity Council approve the ordinance attac hed hereto for
the Dubuque I ndustrial Center Ec onomic Development D istrict.
O R D IN AN C E Correc ting and amending Ordinance No. 28-22A , previously amended,
providing that general property taxes levied and collec ted eac h year on all property loc ated
within the Amended and Restated D ubuque I ndustrial C enter E conomic D evelopment Distric t
Urban Renewal Area of the City of Dubuque, C ounty of Dubuque, State of I owa, by and for the
benefit of the State of I owa, City of Dubuque, C ounty of Dubuque, D ubuque C ommunity
Sc hool D istrict, and other taxing distric ts, be paid to a spec ial fund for pay ment of princ ipal and
interest on loans, monies advanced to and indebtedness, inc luding bonds issued or to be
issued, inc urred by said city in c onnection with the Amended and Restated D ubuque I ndustrial
C enter E conomic D evelopment Distric t Urban Renewal Redevelopment P rojec t by removing
c ertain property from S ubarea E from the division of revenues
Suggested D isposition: R eceive and File; Motion B; Motion A
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5.Amending Tax Incr ement Or dinance for the D ubuque Industrial C enter E conomic
D evelopment D istr ict, as amended by Version 2023.2 of the Amended and Restated P lan
C ity Manager rec ommending C ity Council approval of the ordinance attac hed hereto for the
D ubuque I ndustrial C enter E conomic D evelopment Distric t.
O R D IN AN C E Correc ting and amending Ordinance No. __-23, previously amended, providing
that general property taxes levied and c ollected each y ear on all property located within the
Amended and Restated D ubuque I ndustrial C enter E conomic D evelopment Distric t Urban
Renewal Area of the City of Dubuque, C ounty of Dubuque, State of I owa, by and for the
benefit of the State of I owa, City of Dubuque, C ounty of Dubuque, D ubuque C ommunity
Sc hool D istrict, and other taxing distric ts, be paid to a spec ial fund for pay ment of princ ipal and
interest on loans, monies advanced to and indebtedness, inc luding bonds issued or to be
issued, inc urred by said city in c onnection with the Amended and Restated D ubuque I ndustrial
C enter E conomic D evelopment Distric t Urban Renewal Redevelopment P rojec t by adding
Subarea S to the division of revenues
Suggested D isposition: R eceive and File; Motion B; Motion A
6.D iscounted City U tilities Pr ogram and Affordable Connectivity P rogr am P romotional
B rochure
Video featuring Mayor C avanagh promoting the Disc ounted City Utilities P rogram shared on
the City ’s social media c hannels and airing on City Channel Dubuque at
https://youtu.be/7x9MaB V zE B g and City Manager providing information on the two
programs designed to assist income qualified residents with monthly utility payments
and internet access.
Suggested D isposition:
R eceive and File; View Video
7.W ork Session R equest - D emonstration of Police Use of the P ublic S afety C ameras
C ity Manager requesting the City C ounc il schedule a working session on Monday, May 1,
2023, at 5:30 p.m. at the Dubuque City Hall, 3rd Floor, to demonstrate how the Police
Department uses the Public Safety Camera system as a public safety tool as a
preventative tool and as an investigative resource.
Suggested D isposition: R eceive and File; C ouncil
C O U N C IL MEMB E R R EPO R TS
C L O S E D S E S S IO N
Pending Litigation and P urchase or S ale of R eal Estate – C hapter 21.5(1)(c),(j) Code of
Iowa
AD J O U R N ME N T
The agenda with supporting doc uments may be ac cessed at www.city ofdubuque.org or at the City
Clerk's Office, 50 W . 13th S treet, during regular business hours.
This notice is given pursuant to Chapter 21, C ode of I owa, and applicable loc al regulations of the City
of D ubuque, I owa and/or governmental body holding the meeting.
W ritten comments regarding the above items may be submitted to the C ity C lerk's Offic e, 50 W . 13th
S t., D ubuque, I A 52001, before or at said time of meeting.
I ndividuals with limited English profic iency, vision, hearing or speech impairments or requiring spec ial
assistanc e should c ontac t the C ity Clerk's Offic e at (563) 589-4100, TD D/TTY (563) 690-6678,
Page 7
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City Clerk
/s/Adrienne N. Breitfelder, CMC
Iowa by dialing 711 or (800) 735-2942.
ctyclerk@cityofdubuque.org as soon as feasible. Deaf or hard-of-hearing individuals can use Relay