Minutes_City Council Proceedings 04.03.23City of Dubuque
City Council Meeting
Consent Items # 01.
Copyrighted
April 17, 2023
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: Building Code Advisory and Appeals Board of 3/2/23; City Council
Proceedings of 4/3/23; Resilient Community Advisory Commission of
4/6/23; Parks and Recreation Commission of 3/21/23; Zoning Board of
Adjustment of 3/23/23; Zoning Advisory Commission of 04/05/23; Proof
of Publication for City Council Proceedings of 3/20/23, 3/21/23, 3/22/23,
and 3/23/23.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
Building Code Advisory and Appeals Board of 3/2/23 Supporting Documentation
City Council Proceedings of 4/3/23 Supporting Documentation
Parks and Recreation Commission of 3/21/23 Supporting Documentation
Resilient Community Advisory Commission of 4/6/23
Zoning Board of Adjustment of 3/23/23
Zoning Advisory Commission of 04-05-2023
Proof of Publication for City Council Proceedings of
3/20/23
Proof of Publication for City Council Proceedings of
3/21/23
Proof of Publication for City Council Proceedings of
3/22/23
Proof of Publication for City Council Proceedings of
3/23/23
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 6:00 p.m. on April 3, 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 special session of the City Council called
for the purpose of conducting a work session on the Carnegie -Stout Public Library Strategic
Plan.
WORK SESSION
CARNEGIE-STOUT PUBLIC LIBRARY STRATEGIC PLAN
Carnegie -Stout Public Library Director Nick Rossman presented on the Board of Trustees
approved Strategic Plan for the Carnegie -Stout Public Library. Mr. Rossman responded to
questions from the City Council regarding the availability of free parking options near the library,
how parking availability factors into the library's accreditation, and the previous time a strategic
plan was adopted. Responding to a question from the City Council regarding how smart parking
options can factor into the library's parking, City Manager Van Milligen stated that the city will
issue a Request for Proposals (RFP) to learn what smart parking options firms can provide.
There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:26
p.m.
/s/Adrienne N. Breitfelder, CMC
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 April 3, 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. Sexual Assault Awareness Month (April 2023) was accepted by Sarah McKenzie and
Sarah Fitzgerald on behalf of the Riverview Center.
2. Junior Achievement Day (April 6, 2023) was accepted by Scott Ellerbach on behalf of
Junior Achievement of the Heartland.
3. Community Development Week (April 10-14, 2023) was accepted by Theresa Caldwell,
Executive Director of the Dubuque Food Pantry, on behalf of the Housing and Community
Development Department.
4. Dubuque YP Days of Caring (April 28, 2023) was accepted by Carnegie -Stout Public
Library Director Nick Rossman on behalf of the Dubuque Area Chamber of Commerce's Young
Professionals.
5. Clarke University Women's Basketball Team 2023 NAIA National Champions was
accepted by Clarke University Women's Basketball Head Coach Courtney Boyd and basketball
team members Emma Kelchen and Athena Ubl on behalf of Clarke University.
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 3/20/23, 3/21/23, 3/22/23,
and 3/23/23; Historic Preservation Commission of 3/16/23; Library Board of Trustees Update of
2/23/23; Proof of Publication for City Council Proceedings of 2/20/23, 2/21/23, 2/27/23, 3/6/23,
3/7/23, 3/8/23, and 3/9/23. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Rebecca Ambrosy for vehicle damage; Connie Carroll for
property damage; Tony Cross for property damage; Susan Harris for vehicle damage; James
Hauber for property damage; Ruth McEnany for property damage; Alex Pfeiffer for vehicle
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:
Rebecca Ambrosy for vehicle damage; Connie Carroll for property damage; Tony Cross for
property damage; Susan Harris for vehicle damage; James Hauber for property damage; Ruth
McEnany for property damage; Alex Pfeiffer 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. 79-23 Authorizing the Chief Financial Officer/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 2024 Community Development Block Grant Annual Action Plan: Upon motion
the documents were received and filed, and Resolution No. 80-23 Adopting the Fiscal Year 2024
(Program Year 2023) Community Development Block Grant (CDBG) Annual Action Plan for
Approval was adopted.
6. Second Amendment to Community Development Block Grant (CDBG) Subrecipient
Agreement between the City of Dubuque and Dubuque Community School District: Upon motion
the documents were received and filed, and Resolution No. 81-23 Authorizing the Second
Amendment to the CDBG Subrecipient Agreement between the City of Dubuque and Dubuque
Community School District was adopted.
7. First Amendment to the Housing TIF Agreement with Affordable Housing Network Inc
(AHNI): Upon motion the documents were received and filed, and Resolution No. 82-23
Approving the First Amendment to an Agreement with Affordable Housing Network, Inc. for the
rehabilitation of residential property within the City of Dubuque for resale or rental to low and
moderate -income families was adopted.
8. Grass and Weed Cutting and Garbage Collection Assessments: Upon motion the
documents were received and filed, and Resolution No. 83-23 Authorizing the city to collect
delinquent grass and weed cutting and garbage collection charges in accordance with Title 6-
4-3A and Title 6-8-2 of the Code of Ordinances of the City of Dubuque, Iowa was adopted.
9. Problem Property Assessment: Upon motion the documents were received and filed, and
Resolution No. 84-23 Authorizing the city to collect delinquent problem property charges in
accordance with 14-1J1 International Property Maintenance Code Section 106.5 and/or Section
109.5 Code of Ordinances of the City of Dubuque, Iowa was adopted.
10. Resolution of Support for Proposed Low Income Housing Project in the Amended Radford
Road Urban Revitalization Area: Upon motion the documents were received and filed, and
Resolution No. 85-23 Providing a Letter of Support for a Low -Income Housing Tax Credit Project
proposed by Dubuque Housing Group was adopted.
11. Authorizing the Filing of an Application and Letter of Support to the Iowa Economic
Development Authority Community Catalyst Building Remediation Grant Program on behalf of
Nia Neighborhoods Opportunity Zone Fund, LLC: Upon motion the documents were received
and filed, and Resolution No. 86-23 Authorizing the filing of an application and letter of support
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with the Iowa Economic Development Authority for the application by the City of Dubuque on
behalf of Nia Neighborhoods Opportunity Zone Fund, LLC for a Community Catalyst Building
Remediation Grant was adopted.
12. Transmission of Application Guidelines for Fiscal Year 2024 Arts & Culture Special
Projects Grant Program: Upon motion the documents were received and filed.
13. Transmission of Application Guidelines for Fiscal Year 2024 Arts & Culture Operating
Support Grant Program: Upon motion the documents were received and filed.
14. Fiscal Year 2024 Planning Services Department - Increased Fees: Upon motion the
documents were received and filed, and Resolution No. 87-23 Rescinding Resolution No. 137-
21, Establishing a Schedule of Development Services Fees, and adopting in lieu thereof a New
Schedule of Development Services Fees as provided in Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code was adopted.
15. 2022 Pavement Marking Project: Acceptance of Public Improvement Construction
Contract: Upon motion the documents were received and filed, and Resolution No. 88-23
Accepting the 2022 Pavement Marking Project and authorizing the payment to the contractor
was adopted.
16. 2023 Asphalt Overlay Curb Ramp Project 3: Upon motion the documents were received,
filed, and made a matter of record.
17. English Lane Sanitary Replacement Project: Upon motion the documents were received,
filed, and made a matter of record.
18. Rebuilding Bridges to Equity & Employment (RAISE) Grant Publication: Upon motion the
documents were received and filed.
19. Signed Contract(s): Engineering & Construction Innovations, Inc. for the Upper Bee
Branch Creek Restoration Railroad Sanitary Interceptor Crossing Project; Yamaha Motor
Finance Corporation, U.S.A., for Amendment #2 to Equipment Schedule #116561. Upon motion
the documents were received and filed.
20. Improvement Contracts / Performance, Payment and Maintenance Bonds Midwest
Concrete, Inc. for the 2023 Asphalt Overlay Ramp Project Two. Upon motion the documents
were received, filed, and approved.
21. Adoption of the March 2023 Replacement Supplement to the City of Dubuque Code of
Ordinances: Upon motion the documents were received and filed, and Resolution No. 89-23
Adopting March 2023 Replacement Supplement to the Code of Ordinances of the City of
Dubuque, Iowa was adopted.
22. Amended 2022 City Council Official Proceedings: Upon motion the documents were
received, filed, and approved.
23. Approval of Retail Alcohol Licenses: Upon motion the documents were received and filed,
and Resolution No. 90-23 Approving applications for retail alcohol licenses, as required by City
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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. Proceedings to Set Public Hearing on the Issuance of Not to Exceed $5,800,000 General
Obligation Bonds, Series 2023: Upon motion the documents were received and filed, and
Resolution No. 91-23 Setting the date for public hearing and additional action on proposal to
enter into General Obligation Loan Agreements and to borrow money thereunder was adopted
setting a public hearing for a meeting to commence at 6:30 p.m. on April 17, 2023 in the Historic
Federal Building.
2. Set Public Hearing for Sale of City -Owned Property at 2407 Queen Street: Upon motion
the documents were received and filed and Resolution No. 92-23 Intent to dispose of an interest
in City of Dubuque Real Estate to Melissa Sarazin, 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 April 17, 2023 in the Historic Federal Building.
3. Resolution of Necessity for the Proposed Amended and Restated Urban Renewal Plan for
the Greater Downtown Urban Renewal District, Version 2023.2: Upon motion the documents
were received and filed and Resolution No. 93-23 Authorizing and directing the City Manager to
prepare an Amended and Restated Urban Renewal Plan, Version 2023.2 for the Greater
Downtown Urban Renewal District and setting the date for a public hearing and consultation 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 May 1, 2023 in the
Historic Federal Building.
167_1 N 1I+9LO16161►yi 1611.4If] ki 69
Boards and Commission Applicant Review: 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.
1. Equity and Human Rights Commission: Three, 3-Year terms through January 1, 2026
(Expired terms of Dixon, Durnin, and Kurczek); One, 3-Year term through January 1, 2024
(Vacant term of Branch). Applicants: Pamela Birch, 1550 Butterfields Dr.; Jake Kurczek, 1110
Victoria PI.; Kristen Leffler, 159 Julien Dubuque Dr.; Lauren Link, 535 West 5th St.; Candace
Raymond, 1155 Tressa St.; Enoc Sanchez, 2130 Morningview Rd.; Theresa Sampson Browm,
2285 Clydesdale Crt.; Nina Streauslin, 3904 Cora Dr. This commission is subject to the State of
Iowa Gender Balance Law, §69.16A. 9 Commissioners total; currently 1 male/3 females/ 5
openings. *Openings were advertised for 90 days while non -female identifying applicants were
sought in adherence with Iowa Code 69.16A Gender Balance. *One additional 3-Year term
through January 1, 2024 (Vacant term of Evans) will be presented for applicant review at the
May 1, 2023 City Council meeting. This term is being advertised for 90 days while non -female
identifying applicants are sought in adherence with Iowa Code 69.16A Gender Balance. City
Clerk Breitfelder announced that Equity and Human Rights Commission Chairperson Carla
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Anderson, 1131 Main St. Apt. 1, submitted written input in support of Mr. Sanchez's application.
2. Park and Recreation Advisory Commission: One, 3-Year term through June 30, 2025
(Vacant term of Wood). Applicants: Shirley Snow, 779 University Ave.; Jason Henkel, 1888
Saint Joseph St.
PUBLIC HEARINGS
1. Submission of Annual Public Housing Agency (PHA) Plan — Federal Fiscal Year 2023
(PHA Fiscal Year 2024) Annual Plan: Motion by Resnick to receive and file the documents and
adopt Resolution No. 94-23 Authorizing the Mayor to execute the Certification by State or Local
Office of Public Housing Agency (PHA) Plan's Consistency with the Consolidated Plan and
approval of the PHA Fiscal Year 2024 Annual Plan. Seconded by Roussell. Anthony Allen,
Dubuque NAACP President; and R.R.S. Stewart, 460 Summit St. and 741 W. 3rd St., Dubuque
NAACP Treasurer, spoke in opposition to the proposed plan, referencing the United States
Department of Housing and Urban Development's (HUD) past conclusion that the city's previous
policy on granting preference for housing choice vouchers (HCVs) to local residents was
discriminatory. Tom LoGuidice, 786 Stoneridge PI., expressed concerns that low-income
residents cannot find quality housing and provided information on subsidized housing under
Section 42. Responding to a question from the City Council, Housing and Community
Development Director Alexis Steger stated that the city added 110 affordable housing units last
year. Ms. Steger stated that the city has not yet implemented residency preference for HCVs
and that the department has ongoing conversations with HUD regarding the proposed residency
preference. City Manager Van Milligen stated that HUD authorizes the city for over 1100 HCVs
but only funds around 800, and that if the city does not use all of the allocated HCVs then the
city may receive less funding the following year. City Manager Van Milligen also stated that HUD
provided names of cities that currently have residency preference provisions. City Attorney
Brumwell referenced Code of Federal Regulations (CFR): 24 CFR 960.206, which states that
residency requirements are prohibited but residency preferences are permitted. City Attorney
Brumwell further stated that the plan is renewed on an annual basis and that the City Council
has more control over the day-to-day operations of the administrative plan. Ms. Steger stated
that the department will receive a Section 8 audit from HUD this June and will also receive eight
hours of technical assistance on any topic of their choice, both of which will provide the
department with key data and feedback for the plan. City Council members discussed the
perceptions of residency preference and whether the plan should include it. City Council
members also discussed the need for affordable housing and the importance of maintaining
their allocated federal funding for HCVs. Motion carried 5-2 with Resnick and Wethal voting nay.
2. Resolution of Approval for the Proposed Amended and Restated Urban Renewal Plan for
the Greater Downtown Urban Renewal District, Version 2023.1: Motion by Resnick to receive
and file the documents and adopt Resolution No. 95-23 Approving the Amended and Restated
Urban Renewal Plan for the Greater Downtown Urban Renewal District, Version 2023.1.
Seconded by Farber. Motion carried 7-0.
3. Public Hearing for Sale of City -Owned Property at 612 Lincoln Avenue: Motion by Sprank
to receive and file the documents and adopt Resolution No. 96-23 Disposing of city interest in
real property at 612 Lincoln, in the City of Dubuque, Iowa. Seconded by Jones. Motion carried
7-0.
n
PUBLIC INPUT
Jim Gantz, 12241 Forest Meadow Dr., spoke regarding his Union Park Place Town
Apartments and Townhomes Development Plan that he submitted to the city and the proposed
access to the property on the Northwest Arterial.
ACTION ITEMS
1. Subdivision Development Agreement for a Portion of Asbury Plaza Subdivision along
Plaza Drive to be known as Asbury Plaza No. 22: Motion by Roussell to receive and file the
documents and adopt Resolution No. 97-23 Approving a Subdivision Development Agreement
for a portion of Asbury Plaza by and among the City of Dubuque, Iowa, Talon Development,
LLC, Eagle Construction, Inc., and Fox Hills Apartments, LLC. Seconded by Wethal. Motion
carried 7-0.
2. Work Session Request: Flock Safety Automated License Plate Reader Presentation:
Motion by Jones to receive and file the documents and schedule the work session for 5:15 p.m.
on Monday, May 15, 2023. Seconded by Resnick. No schedule conflicts were expressed. Motion
carried 7-0.
3. Rightsize Your Trash Cart Video: Motion by Roussell to receive and file the documents
and view the video. Seconded by Farber. Media Services showed a video on rightsizing your
trash cart that was launched in advance of the citywide deployment of 35-gallon carts in early
April. The video was produced by Media Services staff in the Public Information Office and can
be viewed at: https://youtu.be/-8VuB3EjyGk. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Mayor Cavanagh and Council Members Farber, Jones, and Wethal reported on the City
Council's recent trip to Washington, D.C. to meet with federal legislators and agencies.
Mayor Cavanagh and Council Member Jones also reported on the recent severe weather.
Additionally, Council Member Jones reported on receiving a book on Ted Ellsworth from a group
of residents advocating that Pyatigorsk Park be renamed in honor of Ted Ellsworth. Council
Member Jones stated he was unable to accept the book due to the Gift Law provision of Iowa
Code but has provided it to Carnegie -Stout Public Library for public view.
CLOSED SESSION
Motion by Jones to convene in closed session at 8.20 p.m. to discuss Purchase or Sale of
Real Estate — Chapter 21.5(1)(j) Code of Iowa. Seconded by Roussell. Mayor Cavanagh stated
for the record that the attorney who will consult with the 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 9.14 p.m. stating that staff had been given
proper direction.
There being no further business, Mayor Cavanagh declared the meeting adjourned at 9.14
p.m.
/s/Adrienne N. Breitfelder
City Clerk
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