Proof_City Council Proceedings 04.17.23Copyrighted
May 15, 2023
City of Dubuque Consent Items # 01.
City Council Meeting
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: City Council Proceedings of 5/1/23; Civil Service Commission of 5/3/23;
Library Board of Trustees Update of 4/27/23; Long Range Planning
Advisory Commission of 4/19/23; Proof of Publication for City Council
Proceedings of 4/17/23.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
City Council Proceedings of 5/1/23 Supporting Documentation
Civil Service Commission of 5/3/23 Supporting Documentation
Library Board of Trustees Update of 4/27/23 Supporting Documentation
Long Range Planning Advisory Commission of 4/19/23 Supporting Documentation
Proof of Publication for City Council Proceedings of Supporting Documentation
4/17/23
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
k ka1hy Goetzingpr, 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:
04/26/2023
and for which the charge is 337.28
Sub ribed to before me, a Notary Public in and for
Dubuque County, Iowa,
this 26th day of April, 2023
Notary P 'c in and for Dubuque tounty, Iowa.
AV
JANET K. PAPE
z Commission Number 199659
My Commission Expires
�owA 12(11/2025
Ad text : CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
City m.
The Dubuque Ci Council met in regular session at 6:3Q p.
onApril 17, 2023, in the second -floor Council Chambers of the
Historic Federal Building, 350 W. 601 Street.
Present: Mayor Cav
anagh; Council Members Farber, Jones,
Resnick, Roussell, Sprank, Wethal; City Manager Van M111igen
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
PRESENTATION(S)
1. Presentation of the Iowa Park. and Recreation Association
Claude Ahrens Community Service Award. to Park and Recreation
Commission member Jennifer Tigges: Leisure Services Manager
Marie- Ware recognized Park and Recreation Commission member
Jennifer Tigges for receiving the Iowa Park and Recreation
Association Claude Ahrens Community Service Award.
2. COVID-19 Update: Public Health Director Mary RoseY�`
Corrigan and Public Information Officer Randy Gehl provided an
after -action report on the COVID-19 p.andemic and response
activities, 'First, report given on March 16, 2020, last report .
given on this day, April 17, 2023, City Council Members
thanked city staff for .their efforts throughout the pandemic.
PROCLAMATION(S)
1. Arbor. Day .(April 28, 2023) was accepted by Tom Kramer on
behalf of Dubuque Trees Forever.
.2
No Mow May (May 2023) was accepted by Jennifer Agee and
Jane Agee o ' b:, half of No Mow May D
n. Q _.ubuque,
3..Build ling Safety Month (May 2023) was accepted by Tom
Townsend on behalf of the Housing and Community Development
Department and the Building Code Advisory and Appeals Board.
CONSENT ITEMS
City Manager Van MilliRen requested Item No. 3 be removed
from the meeting. Responding to a question, City Attorney
Brumwell -stated that the item could be removed by City Council
consensus. Motion by Resnick to. receive- and file -the
documents, ad* the resolutions, and dispose of as indicated
except for Item No, 3. Seconded by Farber, Motion carried 7-0.
1, Minutes and Reports Submitted: Building Code Advisory and
Appeals Board of 31/2/23; 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; Zon 'Ing Advisory Commission of 04/05/23; Proof of
Publication -for City Council Proceedings of 3/2Q/23, 3/21/23,
3/22/23 , and* 3/23/23. Upon motion the documents were received
and filed.
2, - Approval of City Expenditures: Upon motion the documents
were received and filed, and Resolution No. 98-23 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,
3. Sustainable Dubuque Grant Recommendations: This item was
removed from the meeting,
4, Recommendation to Reallocate National Endowment of the
I
Arts American Rescue Plan Act Funds from Underutilized
Budgeted Line Items to Supplement the Creative Empowerment
Subgrant Program: Upon motion the documents were received,
filed, and approved.
5. National League of Cities City Inclusive Entrepreneurship
$15,000 Implementation Grant Award Update: Upon motion the
documents were received and filed.
6. 20-21 Traffic Deaths Article: Upon motion the. documents-,
were received and filed.
7. Approval of Preconstruction Agreement for South Grandview
US 61-151 Bridge Replacement: Upon motion the documents were
received and,:f�led., and Resolution No. 106-23 Approving a
Preconstruetion Agreement (No. 2023-12-047) with the Iowa
Department of Transportation for the South Grandview Bridge
Over US Highway 61--151 Bridge Replacement Project was adopted.
8. Acceptance of North Cascade Road Reconstruction Project:
Upon motion the documents were received and filed, and
Resolution No. 107-23 Accepting the North Cascade Road
Reconstruction Project, Phase 1 from the bridge over Catfish
Creek to Edval Lane, Iowa DOT Project No. STBG-SWAP-2100
(669)--SG-31 and authorizing the final payment to the
contractor was adopted.
9. Approval of Plat of Survey Lot 1 & Lot 2 of Boys and
Girls Club Place, 1299 Locust Street and 1257 Locust Street:
Upon-imotion the documents were received and filed, and
Resolution No. 1-08-23 Approving the Plat of Survey of: -Lot 1 & _.
Lot 2 of Boys and Girls Club Place in the City of Dubuque,
Iowa -was adopted.
10. Approval,, of Final Plat of Valentine Place No. 4: Upon
motion the documents were received and filed, and Resolution
.No. 109-23 Approving the Final Plat of Valentine Place No. 4,
in the City of Dubuque and in Dubuque County, Iowa was
adopted.
11. Pre -Annexation Agreement - 10400 Timothy Street, Dubuque
ounty with Gary F: and Ann M. Kluesner Upon motion the
documents were received and filed, and Resolution No. 110-23
Approving a Pre -Annexation Agreement between the City of
Dubuque, Iowa and Gary F. and Ann M. Kluesner was adopted.
12. Signed Contracts for 812 Garfield and 514 Angella
Project: Upon motion the documents were received, filed, and a
approved..
13. Signed Contracts): Upon motion the documents were
received and filed.
14. First Amendment to Development Agreement by and between
the City of Dubuque, Iowa and Switch Development, LLC.: Upon
motion the documents were received and filed, and Resolution
No. 111-23 Approving the First Amendment to Development
Agreement"by and between the City of Dubuque, Iowa and Switch ,
Development, LLC was adopted. -
15. Approval of Retail Alcohol Licenses: Upon motion the
documents were received and filed, and Resolution No. 112-23 -
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.
16. Resolution Approving the Consent to Assignment and
Assumption Agreement Between the Hotel Dubuque L. L. C , , and
Novelty Iron Landlord, LLC and Approving the Eight Amendment
to Development Agreement Between and among the City of
Dubuque, Iowa, The Hotel Dubuque L. L. C . , and Novelty Iron
Landlord, LLC: Upon motion the documents were received and
filed, and Resolution No. 113-23 Approving the Consent to
Assignment and Assumption Agreement between the Hotel Dubuque
L.L.-C, , and Novelty Iron Landlord LLC and approving the Eighth
Amendment to Development Agreement between and among the City
of Dubuque, Iowa, the Hotel Dubuque L. L. C . , and.. Novelty Iron
Landlord LLC ,was adopted.
.47.-`,F nal Plat of Asbury Plaza No. 22: Upon motion the,
documents were received and filed, and. Resolution No. 114-23
Authorizing approval of the Final Plat of Asbury Plaza No, 22,
in the City of Dubuque, Iowa 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 Wethal. Motion carried 7-0.
1. Resolution" Setting a Public Hearing on the Proposed First
Amendment to Development Agreement by and between the City of
Dubuque and Seippel Warehouse, LLC providing for the Issuance
of Urban Renewal Tax Increment Revenue Grant Obligations
Pursuant to the .Development Agreement: Upon motion the
documents were received and filed and Resolution No. 115-23
Sett g ;a -public hearing on the First Amendment to Development
Agreement between the City of Dubuque, Iowa and Seippel
Warehouse, LLC 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,
BOARDS/COMMISSIONS:
Appointments were made to 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;
Michaela Freiburger, 1718 Diane Crt. (Additional Applicant);
Jake Kurczek-, `1110 Victoria Pl. ; Kristen Leffler, 159 Julien
Dubuque Dr.; Lauren Link, 535 West 5th St.; Candace Raymond,
1155 Tressa St.; Enoc Sanchez, 2130 Morningview Rd.; Theresa
Sampson Brown, 2285 Clydesdale Crt,; Nina Streauslin, 3904
Cora Dr�.; Matt Zanger, 261 Southgate Dr. (Additional
Applicant). 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. The City
Council conducted a roll call vote for each of the terms. -Upon
roll call Vote, Mr. Kurczek was appointed to the first
three-year term; through January 1, 2026. Ms. Birch received .1
vote (Sprank),, 'and Mr. Kurczek received the remaining 6 Votes.
Upon roll call vote, Mr, Sanchez Was appointed to the second
three-year term through January 1, 2026. Ms. Link received 1
vote (Sprank), and Mr. Sanchez received the remaining 6 votes.
Uponroll call vote, Mr. Zanger was appointed to the third
three-year term through January 1, 2026. Ms. Sampson Brown
recTd 1 vote (Jones), Ms. Link received 1 vote (Wethal) and
Mr. Zanger received the remaining 5 votes. Upon roll call
vote, Ms. Link was appointed to the three-year term through
January 1, 2024. Ms. Freiburger received 2 votes (Jones and
R.oussell), Ms. Leffler received one vote (Resnick), and Ms.
Link. received the remaining 4 votes.
2. Park and. Recreation Advisory Commission: One, 3-Year term
through June 30, 2025 (Vacant term of Wood). Applicants: Jason
Henkel, 1888 Saint Joseph St.; Ericson Hilbun, 1430 Oeth Crt.
(Additional', ppl cant); Shirley Snow, 779 University Ave. Upon
roll call vote, Mr.. Henkel was appointed to the three-year .z
term through June 30, 2025. Mr. Hilburn received 1 vote
(Farber), and Mr. Henkel received the remaining 6 votes.
PUBLIC HEARINGS
1. Voluntary Annexation Request - John and Diane Brehm
(property owners) and Seippel Warehouse LLC (applicant and
future property owner) : Motion by Resnick to receive and file
the documents and adopt Resolution No. 116-23 Approving an
Application for Voluntary Annexation of Territory to the City
of Dubuque, Iowa. Seconded by Sprank. Motion carried 7-0.-`
2. Request to Rezone Brehm Acres: 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. Planning Service -
Manager Wally Wernimont provided a staff report. Motion
carried 7-0.
Motion by Rolls' sell for final consideration and passage of
Ordinance No. 16-23 Amending Title 16 of the City of Dubuque
Code of -Ordinances Unified Development Code by rescinding
Ordinance No. 2-13 which established regulations for a PUD
.Planned Unit Development with a PI Planned Industrial
.Designation. and adopting an amended PUD Ordinance that expands
_the district by incorporating an additional parcel of land.
Seconded by Farber. Motion carried 7-0.
3. Request to Rezone 1061 Cedar Cross Road: Motion by Jones
to -receive -and file- the do-ocuments 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
Service Manager Wally Wernimont provided a staff report.
Jcnni 'er Clemens -Conlon of Clemens, Walters, Conlon, Runde;. &'il.
Hiatt, L.L.-P., 2080 Southpark Ct. , introduced herself: on
behalf of applicant Tim Ertl and stated that she and Mr. Ertl
were available to answer any questions.. Responding to a
question from the City Council, Mr. Wernimont summarized the
citys process for reviewing properties storm.water management. ,
Motion carried 7-0.
Motion by Jones for final consideration and passage of
Ordinance No. 17-23 Amending Title 16 of the City of Dubuque
Code of Ordinances, Unified Development Code, by reclassifying
hereinafter described property located at 1061 Cedar Cross
Road_ from CS Commercial Service and Wholesale District to C-3 -
General Commercial District. Seconded by Sprank. Motion
carried 7-0 a
4. Request to Rezone 900 Alta Vista Street: Motion b
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 Jones.
Planning Service Manager Wally Wernimont provided a staff
M
report. City Council members expressed enthusiasm for the
project. Motion carried 7-0 .
Motion by Roussell for final consideration and passage of
Ordinance No. 18-23 Amending Title 16 of the City of Dubuque
Code of Ordinances, Unified Development Code, by reclassifying
hereinafter described property located at 900 Alta Vista
Street from ID Institutional District to OR Office Residential
District. Seconded by Jones. Motion carried 7-0.
, ��quest to Rezone 13Q1 Central Avenue: 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 Service
Manager Wally Wernimont provided a staff report. Scott r
Kwiencinsk, of Horizon Development Group, 5201 East Terrace
Dr., Madison, WI, stated that the company will submit anA�
application to the Iowa Finance Authority (IFA) and
tentatively plan to close and begin construction by early next
year, Responding to a question from the City Council on
parking, Mr., Wernimont stated that C-4 zoning districts do not
require parking lots and that parking ramps are located near
theproperty. Responding to questions from the City Council,
Mr. Kwiencinski stated that state and federal historic credits
are being pursued for the project and . confirmed the building
will remain in compliance with all historic requirements. Mr. 4:
KWiencinski also stated that While the companys current site
plar,14i,cludes an onsite playground, they are considering an iy
indoor playroom. City Council members spoke about the need ..for,
housing at all income levels and this projects proximity to
key amenities. Motion carried 7-0.
Motion by Jones for final consideration and passage of
Ordinance No. 19-23 Amending Title 16 of the City of Dubuque �
Code of Ordinances, Unified Development Code, by reclassifying
hereinafter described parcel of land located along Central-
Avenue, Loras Boulevard, West 13th Street, and Iowa Street
within the City of Dubuque from C-4 Downtown Commercial
District to OR Office Residential District. Seconded by
Roussell.Motion carried 7-0.
6. Proceedings' for the Public Hearing on the Issuance of Not
to Exceed $6,250,000 Taxable General Obligation Bonds, Series
2023 A -Motion. by Roussell to receive and. file the documents. .
and adopt Resolution No. 117-23 Taking additional action on
proposals to enter into Loan Agreements and combining Loan
,Agreements'. Seconded by Farber. Motion carried 7-0.
'' blic Hearing for Sale of City -Owned Property at 2407
Queen Street; - Motion by Sprank to receive and file the
documents and adopt Resolution No. 118-23 Disposing of city
interest in real 'property at 2407 Queen Street, in the City of
Dubuque, Iowa. Seconded by Resnick. Motion carried 7-0.
ACTION ITEMS rs
1. Resolution of Support for Proposed Low Income Housing
Project Horizon Development: Motion by Farber to receive. and
file the documents and adopt Resolution No. 119-23 Providing a
Letter of Support for a Low -Income Housing Tax Credit:, Proj ect
proposed by Horizon Development. Seconded by Wethal. Motion
carried 7-0.
2. Resolution of Support for Proposed Low Income Housing
Project Gronen Development: Motion by Resnick to receive and
file the documents and adopt Resolution No, 120-23 Providing a
Letter of Support for a Low -Income Housing Tax Credit Project
proposed by Gronen Development. Seconded by Sprank. City
Council members stated their support for the development.
Motion carried 7-0.
3. 2022 Most Dynamic Metros Publication: Motion by Jones to
receive and file. the documents. Seconded by Roussell. City
Manager Van Milligen stated that the City of Dubuque
experienced the 5th best improvement in their overall ranking,
moving from 294 on last years list to 154 on this years list.
Motion carried 7-0.
4. Leisure Services Temporary Employee Recruitment & Hiring
Update: Motion by Farber to receive and file the documents.
Seconded by Sprank. Responding to a question from the City
Council, Recreation Division Manager _Dan Kroger stated that
summer pool passes will be available starting April 28th.
Motion carried 7-0.
5. Work Session Request: Achievelt and Imagine Dubuque:
Motion by Re,;pick to receive and file the documents and
schedule the work session for Monday,. June 5th, 2023, at 5:30
p.m.;,$econded by Wethal. Motion carried 7-0.
6. Delivering Dubuque: Trash Tipper Carts Video: Motion by
Resnick to receive and file the documents and view the video.
Seconded by. Farber. Media Services. showed the Delivering
Dubuque episode featuring trash tipper carts. This video can
be viewed at: https://youtu.be/kg3HOhTomoo. Responding to
questions from the City Council, City Manager Van Milligen
stated that the city will require residents begin using tipper
carts on July 1st, 2023, and that city staff can provide an
update on implementation after that date. City Manager Van
Milligen also stated that the city is working with the public
to address their comments on the tipper carts and that he will
confirm if grocery stores have been notified about the tipper
carts to help communicate their upcoming requirement to
residents. Motion carried 7i-0.
COUNCIL MEMBER. REPORTS
Council Merr�ber Roussell reported on attending the
International Rural Churches Association conference. Ms.
Rousp11 was given a shawl from the Bishop of India and stated
her .intention to donate the shawl to the Multicultural Family
Center (MFC) .
Council Member .Jones thanked the Telegraph Herald for
eon+inuously, reporting on Leisure Services sumirter ;staffing
needs.
Mayor Cavanagh reported on attending a Dubuque Kiwanis Club
luncheon.
CLOSED SESSION
Motion by Jones to convene in closed session at 8,41 p.m. to
discuss Purchase or Sale of Real Estate Chapter 21.5(1)0)
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 -10.; 46 p i -
stating that staff had been given proper direction.
...,:.,There. being no further business, Mayor Cavanagh declared the
meeting adjourned at 10 : 46 p.m.
/s/Adrienne N. Breitfelder, CMC
City Clerk
1 t 4/26