Proof_City Council Proceedings 03.20.23City 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
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
-f i..c 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:
03/31/2023
and for which the charge is 355.73
Subscribed to before me, a Notary Public in an for
Dubuque County, Iowa,
this 31st day of March, 2023
Notary b c in and for Dubuqu County, , Iowa,
p'AL a� JANET K. PAPE
Commission Number 199859
My Commission Expires
rows 12/11/2025
Ad text : CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 6:00 p.m.
on March 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
(arrived at 6:02 p.m.), 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 Dubuque Regional Bicycle &
Pedestrian Plan.
WORK SESSION
DUBUQUE REGIONAL BICYCLE & PEDESTRIAN PLAN UPDATE
Planning Services Manager Wally Wernimont introduced Laura
Carstens and Dan Fox of the East Central Intergovernmental
Association (ECIA). Ms. Carstens and Mr. Fox made a
presentation on the status of the Dubuque Regional Bicycle and
Pedestrian Plan. Due to limited time remaining in the work
session, Mayor Cavanagh requested that the City Council
contact the presenters with any questions.
There being no further business, Mayor Cavanagh declared the
meeting adjourned at 6:29 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 March 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.
M —r 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
PRESENTATION(S)
1. COVID-19 Update: Public Health Director Mary Rose
Corrigan provided an update on the COVID-19 pandemic and
response activities. City Council Members suggested that the
COVID-19 update change to a public health report that occurs
every other month during flu season based on the forthcoming
elimination of COVID-19 mandatory reporting and termination of
the COVID-19 public health declaration.
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: Building Code Advisory and
Appeals Board of 1/5/23; City Council Proceedings of 2/27/23,
3/06/23, 03/07/23, 03/08/23 and 03/09/23; Resilient Community
Advisory Commission of 3/2/23; Zoning Advisory Commission of
3/l/23; Zoning Board of Adjustment of 2/23/23. Upon motion the
documents were received and filed.
2. Notice of Claims and Suits: Nicolas Hayes for vehicle
damage; Jeff Lehman 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: Nicole Hayes for vehicle damage; Jeff Lehman 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. 67-23 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. U.S. Environmental Protection Agency Solid Waste
Recycling Grant: Upon motion the documents were received,
filed, and approved.
6. Letter of Opposition to Iowa Senate File 479: City
Manager provided a copy of a letter to Iowa Representative
Chuck Isenhart in opposition to Iowa Senate File 479, a bill
for an act repealing energy conservation requirements for new
construction. Upon motion the documents were received and
filed.
7. Civil Service Commission - Certified Lists: Civil Service
Commission submitted the certified lists for the positions of
Police Officer and Fire Promotional ranks of Assistant Fire
Chief, Assistant Fire Marshal, Fire Captain, EMS Supervisor,
Fire Equipment Operator and Fire Lieutenant. Upon motion the
documents were received, filed, and made a matter of record.
8. Exclusive 3-Year Soft Drink Provider Agreement for
Leisure Services: City Manager recommended City Council
approval of the 3-year Pepsi agreement with Lime Rock Springs
as the exclusive soft drink provider for the Bunker Hill Golf
Course, McAleece Concession, Flora and Sutton Pools
concession, Veterans Memorial Park and the Port of Dubuque
Marina. Upon motion the documents were received, filed, and
approved.
9. Pre -Annexation Agreement Terrence L. and Barbara Bahl:
Upon motion the documents were received and filed, and
Resolution No. 68-23 Approving a Pre -Annexation Agreement
between the City of Dubuque, Iowa and Terrence L. and Barbara
Bahl was adopted.
10. Signed Contract(s): Experience Roofing for the Central
Storage Rubber Roof Repair; Sustainable Strategies DC for
professional strategic funding services. Upon motion the
documents were received and filed.
11. Menard Inc. Property Tax Appeal Stipulation of
Settlement Approval: Senior Counsel recommended approval of
the stipulation of settlement for a property tax appeal filed
by Menard Inc. for their property located at 5300 Westside
Drive. Upon motion the documents were received, filed, and
approved. `
12. Canadian Pacific Railway Acquisition of Kansas City
Southern Railroad & Pending Merger Update: Upon motion the
documents were received and filed.
13. Purchase Agreement for Temporary Detour Easement Across
Lot 1 in Riverview Plaza No. 4 as Part of the Kerper Boulevard
and Kerper Court Intersection Improvements Project with HWY
151 & 61 Development, LLC: Upon motion the documents were
received and filed, and Resolution No. 69-23 Approving a
Purchase Agreement Between the city of Dubuque, Iowa and HWY
151 & 61 Development, LLC for a Temporary Detour Easement
Across Lot 1 in Riverview Plaza No. 4 in the city of Dubuque
Iowa as Part of the Kerper Boulevard and Kerper Court
Intersection Improvements Project was adopted.
14. Amendment to Master Agreement and Project Statement -
ImOn Communications LLC: Upon motion the documents were
received, filed, and approved.
15. Master Agreement and Project Statement Amendment - Unite
Private Network (UPN): Upon motion the documents were
received, filed, and approved.
16. Tobacco Permit Application: Upon motion the documents
were received and filed, and Resolution No. 70-23 Approving
applications for retail cigarette/tobacco sales/nicotine/vapor
permits, as required by Iowa Code Chapter 453A.47A 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 Sprank. Motion carried 7-0.
1. Set Public Hearing - Disposition of City -Owned Property
at 612 Lincoln Avenue: Upon motion the documents were received
and filed and Resolution No. 71-23 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 April 3, 2023 in the Historic Federal Building.
2. Set for Public Hearing - Brehm Acres Voluntary Annexation
Request: Upon motion the documents were received and filed and
Resolution No. 72-23 Setting a Public Hearing on an
Application for Voluntary Annexation of Territory to the City
of Dubuque, Iowa 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.
PUBLIC HEARINGS
1. Request to Amend Planned Unit Development 2600 Dodge
Street, Plaza 20: 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 Roussell. Planning Services Manager Wally
Wernimont provided a staff report. City Council members
requested an update on resolving the current traffic pattern
and barricades in Plaza 20 resulting from Starbucks to confirm
those situations will be resolved before any additional
development in Plaza 20 is approved. City Engineer Gus
Psihoyos stated that the citys agreement with Starbucks
resulted in the current traffic patterns. The Engineering
Department is preparing to issue bids this spring to modify
the traffic patterns. Motion carried 7-0.
Motion by Jones for final consideration and passage of
Ordinance No. 7-23 Amending Title 16, The Unified Development
Code of the City of Dubuque Code of Ordinances by rescinding
Ordinance 51-16 which established regulations for the Plaza 20
PUD Planned Unit Development District with a Planned
Commercial Designation and now being amended to allow for
modification of the On -Premise Sign Regulations applied to
Plaza 20. Seconded by Roussell. Motion carried 7-0.
2. Request to rezone the property of approximately 2.4-acre
irregularly shaped site with frontage along Carter Road PIN
1015453009 property to a Planned Unit Development with
PR -Planned Residential designation: 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 Farber. Planning Services
Manager Wally Wernimont provided a staff report. Mike
Jozefowicz, 2735 Hickory Hill; Dan Williams, 2710 Hickory
Hill; Paula Lange, 3077 Westmore Dr.; and Paige Thomas, 3023
Westmore Dr.; spoke in opposition to the rezoning. Applicant
Kevin Oberbroeckling of CK Construction spoke in support of,
the rezoning. Responding to questions from the City Council,
Mr. Wernimont summarized the process for reviewing stormwater
management plans and referenced studies that indicated the
citys future housing needs. Mr. Wernimont also spoke about the
process which determined that a traffic study was not required
and how flooding complaints regarding private properties would
be addressed. Responding to questions from the City Council,
Zoning Advisory Commission Member Richard Russell stated that
the Zoning Advisory Commission had three excused absences from
the commission meeting in which this public hearing occurred,
and that another commission member recused himself from the
vote due to a conflict of interest. Mr. Russell stated that
the commission expressed concerns on density during the
hearing and discussed the other multi -family developments in
the vicinity. City Manager Van Milligen stated that liability
for stormwater property damage could not be determined without
additional review. City Attorney Brumwell stated that the
citys role in stormwater damage is limited to enforcement,
with the city referring residents to private attorneys for
legal guidance. City Council members discussed the need for
additional housing and that traffic patterns at certain
schools could potentially be reviewed in the future. Motion
carried 7-0.
Motion by Jones for final consideration and passage of
Ordinance No. 8-23 Amending Title 16 of The Unified
Development Code of the City of Dubuque Code of Ordinances by
Rescinding Ordinance 10-96 and Ordinance 45-93 and Adopting a
PUD Planned Unit Development with a PR Planned Residential
District Designation and Conceptual Development Plan for one
16-Unit and one 24-Unit Multi -Family Residential Building with
a Detached Garage. Seconded by Farber. Motion carried 7-0.
3. Amendment of the Dubuque Industrial Center Economic
Development District Urban Renewal Plan, Version 2023.1:
Motion by Roussell to receive and file the documents and adopt
Resolution No. 73-23 Approving the Amended and Restated Urban
Renewal Plan, Version 2023.1, for the Dubuque Industrial
Center Economic Development District. Seconded by Sprank.
Motion carried 7-0.
4. Amendment of the Dubuque Industrial Center Economic
Development District Urban Renewal Plan, Version 2023.2:
Motion by Farber to receive and file the documents and adopt
Resolution No. 74-23 Approving the Amended and Restated Urban
Renewal Plan, Version 2023.2, for the Dubuque Industrial
Center Economic Development District. Seconded by Resnick:
Motion carried 7-0.
5. Request to Vacate a Portion of Certain Sanitary Sewer
Easements across a Part of Lot 1 of Dubuque Industrial Center
14th Addition: Motion by Sprank to receive and file the
documents and adopt Resolution No. 75-23 Disposing of Property
by Vacating City Interest in a Portion of Easements for
Sanitary Sewer Utilities Over and Across a Part of Lot I of
Dubuque Industrial Center 14th Addition, in the City of
Dubuque, Iowa. Seconded by Resnick. Motion carried 6-0 with
Jones momentarily away from the dais at the time of the vote.
PUBLIC INPUT
Regarding Action Item No. 3, Mark Amber, 315 River Ridge
St.. spoke in opposition to the recommended management firm.
ACTION ITEMS
1. Solid Waste Automated Curbside Collection System
Implementation Council Update: Motion by Resnick to receive
and file the documents and listen to the presentation.
Seconded by Farber. Public Works Director John Klosterman
introduced Assistant Public Works Director Arielle Swift, who
made a presentation on the implementation plan for the
automated solid waste conveyance system and the distribution
of solid waste carts to support that system. Responding to a
question from the City Council, Resource Management Supervisor
Jacob Jansen and Mr. Klosterman stated that the department is
developing a procedure to assist specific residents who need
assistance with collecting their solid waste carts. Motion
carried 7-0.
2. Emergency Preparedness Railway Incidents Presentation:
Motion by Roussell to receive and file the documents and
listen to the presentation. Seconded by Sprank. Thomas Berger,
Dubuque County Emergency Management Coordinator, made a
presentation on emergency preparedness for railway incidents.
Responding to a question from the City Council, Mr. Berger
stated that he receives weekly reports from the railroad
companies summarizing the types of chemicals they transported
in the past week. Mr. Berger also stated that railroad
companies are governed at the federal level, therefore
railroad companies would communicate any suggested
improvements to the appropriate federal agency. City Council
members expressed their desire to have open communication with
the railroad companies. Motion carried 7-0.
3. Grand River Center Management Agreement with Global
Spectrum, L.P. d/b/a OVG360 Approval: Motion by Farber to
receive and file the documents, approve the Grand River Center
Management Agreement between the City of Dubuque and Global
Spectrum, L.P. d/h/a OVG360, and listen to the presentation.
Seconded by Jones. Leisure Services Manager Marie Ware made a
presentation and introduced Shura Garnett, Senior Vice
Pre-Qident of Convention Centers for OVG360. Responding to
questions from the City Council, Ms. Garnett stated that the
company will create a list of revenue enhancing priorities for
the capital fund and that they intend to retain as many
current Grand River Center employees as possible. City Manager
Van Milligen stated that partnering with a national firm will
help the Grand River Center host more events, therefore
benefiting Dubuque hotels and amenities. Motion carried 7-0.
4. Amending Tax Increment Ordinance 28-22A for the Dubuque
Industrial Center Economic Development District, as amended by
Version 2023.1 of the Amended and Restated Plan: Motion by
Roussell 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 Farber.
Motion carried 7-0.
Motion by Roussell for final consideration and passage of
Ordinance No. 9-23 Correcting and amending Ordinance No.
28-22A, previously amended, providing that general property
taxes levied and collected each year on all property located
within the Amended and Restated Dubuque Industrial Center
Economic Development District Urban Renewal Area of 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 the Amended and Restated Dubuque Industrial
Center Economic Development District Urban Renewal
Redevelopment Project by removing certain property from
Subarea E from the division of revenues. Seconded by Farber.
Motion carried 7-0.
5. Amending Tax Increment Ordinance for the Dubuque
Industrial Center Economic Development District, as amended by
Version 2023.2 of the Amended and Restated 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 Roussell.
Motion carried 7-0.
Motion by Jones for final consideration and passage of
Ordinance No. 10-23 Correcting and amending Ordinance No.
9-23, previously amended, providing that general property
taxes levied and collected each year on all property located
within the Amended and Restated Dubuque Industrial Center
Economic Development District Urban Renewal Area of 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 the Amended and Restated Dubuque Industrial
Center Economic Development District Urban Renewal
Redevelopment Project by adding Subarea S to the division of
revenues. Seconded by Roussell. Motion carried 7-0.
6. Discounted City Utilities Program and Affordable
Connectivity Program Promotional Brochure: Motion by Sprank to
receive and file the brochure on two programs designed to
assist income qualified residents with monthly utility
payments and internet access and view the video. Seconded by
Wethal. Media Services showed a video promoting the Discounted
City Utilities Program. The video was produced by the Public
Information Office and can be viewed at:
https://youtu.be/7x9MaBVzEBg. Motion carried 7-0.
7. Work Session Request - Demonstration of Police Use of the
Public Safety Cameras: City Council Members confirmed with
City Manager Van Milligen that the work session should begin
at 5:15 p.m. so City Council and city staff have adequate
travel time for the regular session. Motion by Jones to
receive and file the documents and schedule the work session
for Monday, May 1, 2023, at 5:15 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. Seconded
by Resnick. No schedule conflicts were expressed. Motion
carried 7-0.
COUNCIL MEMBER REPORTS
Council Members Farber and Roussell respectively reported on
their recent volunteer experiences with AmeriCorps.
CLOSED SESSION
Motion by Jones to convene in closed session at 9:47 p.m. to
discuss Pending Litigation and Purchase or Sale of Real Estate
Chapter 21.5(1)(c),O) Code of Iowa. Seconded by Wethal. 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 Bramwell. Motion carried
7-0.
The City Council reconvened in open session at 10:34 p.m.
stating that staff had been given proper direction.
There being no further business, Mayor Cavanagh declared the
meeting adjourned at 10:34 p.m.
/s/ drienne N. Breitfelder, CMC
City Clerk
It 3/31