Minutes_City Council Proceedings 08.21.23 Copyrighted
September 18, 2023
City of Dubuque Consent Items # 01.
City Council Meeting
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: City Council Proceedings of 8/18/23, 8/21/23, 8/22/23, 8/24/23, 9/5/23,
9/11/23, 9/12/23; Cable Television Commission of 12/8/21, 8/29/23;
Community Development Advisory Commission of 9/6/23; Historic
Preservation Commission Minutes of 8/17/23; Zoning Advisory
Commission Minutes of 8/24/23; Zoning Board of Adjustment Minutes of
9/6/23.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
08 18 23 City Council Minutes Supporting Documentation
08 21 23 City Council Minutes Supporting Documentation
08 22 22 Goal Setting Minutes Supporting Documentation
08 23 22 Goal Setting Minutes Supporting Documentation
08 24 23 Goal Setting Minuyes Supporting Documentation
9 5 23 City Council Minutes Supporting Documentation
9 11 23 City Council Minutes Supporting Documentation
9 12 23 City Council Minutes Supporting Documentation
Cable TV Commission Supporting Documentation
Cable TV Commission Staff Memo
Community Development Advisory Commission Minutes Supporting Documentation
Historic Preservation Commission Minutes 8-17-23 Supporting Documentation
Zoning Advisory Commission Minutes 9-6-23 Supporting Documentation
Zoning Board of Adjustment Minutes 8-24-23 Supporting Documentation
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 5:15 p.m. on August 21, 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 work sessions on State and Federal
Grant Updates and Travel Dubuque Updates
Assistant City Clerk Trish Gleason announced that work session #2 Travel
Dubuque Update will be rescheduled to a later date.
WORK SESSION
1. State and Federal Grant Updates: Director of Strategic Partnerships Teri
Goodmann presented information regarding the Federal and State Grants received
and not received by the City of Dubuque and on the status of the City of Dubuque's
efforts to secure federal grants working together with city staff, community partners,
and with grant writing services consultant Andy Seth of Sustainable Strategies DC.
Technical Grant Analyst/Assistant Justin Thiltgen presented further information to
the City Council and was present to answer questions.
Andy Seth of Sustainable Strategies DC participated by phone to answer
questions from City Council. Mr. Seth advised Council to "Step on the Gas" when
applying for grants as many of the current grant dollars at the State and Federal level
will be going away soon. Having projects closer to a "shovel ready" stage and having
a pathway to matching funds will increase the odds of obtaining more of the grands
that are being applied for.
Motion by Jones to convene in closed session at 9:06 p.m. to discuss Purchase or
Sale of Real Estate — Chapter 21.5(1)(c),(j) Code of lowa. Seconded by Wethal.
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 9:59 p.m. stating that staff had
been given proper direction.
There being no further business, Mayor Cavanagh declared the meeting
adjourned at 6:12 p.m.
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on August 21, 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
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 7/31/23 and 8/7/23;
Arts and Cultural Affairs Advisory Commission of 6/27/23; Zoning Advisory Commission
of 8/2/23; Zoning Board of Adjustment of 7/27/23; Proof of Publication of City Council
Proceedings 7/17/23. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Clayton and Nicole Ketchum for property damage;
McKenzie Kline for vehicle damage. Upon motion the documents were received, filed,
and referred to the City Attorney.
3. Disposition of Claims: City Attorney advising that the following claims have been
referred to Public Entity Risk Services of lowa, the agent for the lowa Communities
Assurance Pool: 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. 261-23 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. Authorized Depository Institutions that adds lowa Public Agency Investment Trust
as an authorized depository institution for the City of Dubuque, renames People's
National Bank to Capra Bank, and increases DuTrac and Dupaco Community Credit
Union's limit to $40 million. Upon motion the documents were received and filed, and
Resolution No. 262-23 Naming Depositories was adopted.
6. Letter of Support to the National Endowment for Arts "Our Town" Proposal and
Creative Placemaking Grant for The Dubuque Museum of Arts (DuMA): Upon motion
the documents were received, filed, and approved.
7. Letter of Support for Monarch Village for lowa Finance Authority Innovation Set-
aside Competition on behalf of Operation Empower and Pivotal Housing Partners: Upon
motion the documents were received, filed, and approved.
8. Employment Contracts for City Clerk Adrienne Breitfelder and City Attorney
Crenna Brumwell: Senior Counsel Barry Lindahl is recommending that City Council
approve the Employment Contracts for City Clerk Adrienne BreitFelder and City Attorney
Crenna Brumwell be approved. Upon motion the documents were received, filed, and
approved.
9. Proposed Downtown Rehabilitation Grant Award for 1047 Bluff Street with Forward
Investments Group, LLC in the amount of $55,000 - $35,000 for Fa�ade, etc. and
$20,000. Upon motion the documents were received and filed, and Resolution No. 263-
23 Approving a grant agreement between the City of Dubuque, lowa, and Forward
Investments Group LLC for the redevelopment of 1047 Bluff Street was adopted.
10. Modification and Vacation of Easement — 1064 and 1076 University Avenue:
Upon motion the documents were received and filed, and Resolution No. 264-23
Approving an Agreement regarding Modification and Vacation of Easements between
adjoining properties owned by Chad A. Streff & Kymberly A. Streff was adopted.
11. Accepting the 2023 Asphalt Overlay Ramp Project 3 and authorize the payment
of the final contract amount of $158,465.49 to Valentine Construction, Co. LLC. Upon
motion the documents were received and filed, and Resolution No. 265-23 Accepting
the 2023 Asphalt Overlay Curb Ramp Project 3 and Authorizing the Payment to the
Contractor was adopted.
12. Property Acquisition - 6505 Pennsylvania Avenue Owned by Steven E. and
Sandra Jean Bahl for the future widening of Pennsylvania Ave - Middle Road and
authorizing acceptance of the Warranty Deed and any other related steps necessary to
carry out the terms of the Offer. Upon motion the documents were received and filed,
and Resolution No. 266-23 Approving the Acquisition of Real Estate Owned by Steven
Eldon Bahl and Sandra Jean Bahl, in the City of Dubuque was adopted.
13. Plat of Survey Seippel Warehouse LLC Property at Seippel Road and Cottingham
Road and Acceptance of the Dedication of Said Lot A for Right of Way and Public Utility
Purposes and the 40' Wide Access and Trail Easement: Upon motion the documents
were received and filed, and Resolution No. 267-23 Approving the Plat of Survey of Lot
1 & Lot A of Dubuque Industrial Center South Fourth Addition in the City of Dubuque,
lowa was adopted.
14. Acceptance of Certain Subdivision Improvements in Rustic Point Estates #2:
Upon motion the documents were received and filed, and Resolution No. 268-23
Accepting Certain Public Improvements in Rustic Point Estates #2, in the City of
Dubuque, lowa was adopted.
15. Application Authorization for a Traffic Safety Improvement Grant to assist with
funding to construct a proposed new Northwest Arterial eastbound dedicated right turn
lane onto John F. Kennedy Road: Upon motion the documents were received and filed,
and Resolution No. 269-23 Authorizing the Filing of a Grant Application with the lowa
Department of Transportation for Traffic Safety Improvement Grant Funding to Assist
with Funding for Proposed Improvements to Construct a New Northwest Arterial
Eastbound Dedicated Right Turn Lane on to John F. Kennedy Road was adopted.
16. Ten Year with an Up Front, One-Time Payment of $55,461.60 Extension of Fiber
Optic Cable Facilities Agreement with Mediacom lowa LLC: Upon motion the
documents were received, filed, and approved.
17. Rescind Extension of Fiber Optic Cable Facilities Agreement with Mediacom lowa
LLC Public Hearing set for August 21, 2023. Upon motion the documents were received
and filed, and Resolution No. 270-23 Rescinding Resolution No. 252-23 was adopted.
18. Signed Contracts: Jeremy Biedermann, Andrea Biedermann, Allen Sawell, and
Farm Bureau Financial Services for Villa Wall Settlement. Upon motion the documents
were received and filed.
19. Approval of Retail Alcohol Licenses: Upon motion the documents were received
and filed, and Resolution No. 271-23 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 Sprank. Motion carried 7-0.
1. Upon motion the documents were received and filed, and Resolution No. 272-23
Fixing the date for a Public Hearing of the City Council of the City of Dubuque, lowa on
a Development Agreement by and Between the City of Dubuque, lowa and Chadwick
Block, LLC, Including the Proposed Issuance of Urban Renewal Tax Increment
Revenue Obligations Relating Thereto, 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 September 5, 2023 in the Historic Federal Building.
2. Upon motion the documents were received and filed, and Resolution No. 273-23
Fixing the Date for a Public Hearing of the City Council of the City of Dubuque, lowa on
a Development Agreement by and Between the City of Dubuque, lowa, and Farley &
Loetscher, LLC, Including the Proposed Issuance of Urban Renewal Tax Increment
Revenue Obligations Relating Thereto, 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 September 5, 2023 in the Historic Federal Building.
3. Upon motion the documents were received and filed, and Resolution No. 274-23
Chaplain Schmitt Island Trail Connection Project, lowa DOT Project No. EDP-
2100(704)-7Y-31 - Preliminary Approval of Plans, Specifications, Form of Contract,
and Estimated Cost; Setting Date of Public Hearing on Plans, Specifications, Form of
Contract, and Estimated Cost was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on September 5, 2023 in the Historic Federal Building.
PUBLIC HEARINGS
1. Petition to Vacate a portion of National Street, in the City of Dubuque, lowa
(Agreement between City of Dubuque and Dennis R. Walker): Motion by Jones to
receive and file the documents and adopt Resolution No. 275-23 Vacating a Portion of
National Street, in the City of Dubuque, lowa, to be known as Lot 86A in McDaniel's
Park Hill (Aka "Park Hill, City of Dubuque, lowa 1856), in the City of Dubuque, lowa and
Resolution No. 276-23 Disposing of City Interest in Lot 86A in McDaniel's Park Hill (Aka
"Park Hill, City of Dubuque, lowa 1856), in the City of Dubuque, lowa. Seconded by
Sprank. Motion carried 7-0.
2. Fourth Amendment to Development Agreement by and between the City of
Dubuque, lowa, and Port of Dubuque LLC: Motion by Jones to receive and file the
documents and adopt Resolution No. 277-23 Approving the Fourth Amendment to
Development Agreement Between the City of Dubuque, lowa and Port of Dubuque LLC
Which Provides for the Proposed Awarding of Housing Incentive Acquisition Grants.
Seconded by Wethal. Motion carried 7-0.
3. 2023 Maintenance Dredging Harbor Area Project: Motion by Roussell to receive
and file the documents and adopt Resolution No. 278-23 Approval of Plans,
Specifications, form of Contract, and Estimated Cost for the 2023 Maintenance
Dredging Project. Bob Schiesl, Assistant City Engineer was present to respond to
questions from the City Council. Seconded by Wethal. Motion carried 7-0.
4. Voluntary Annexation Request for Butler Children's Garden Foundation, Inc.,
known as The Wanderwood Gardens for approximately 18.7 acres of property: Motion
by Farber to receive and file the documents and adopt Resolution No. 279-23 Approving
an Application for Voluntary Annexation of Territory to the City of Dubuque, lowa.
Seconded by Resnick. Motion carried 7-0.
5. The Zoning Advisory Commission recommends approval of the Request to
Rezone 1064 and 1070 University Avenue by Chad Streff with restrictions: 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 Wethal. Motion carried
7-0. Planning Services Manager Wally Wernimont provided a staff report.
Motion by Jones for final consideration and passage of Ordinance No. 36-23
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, by Reclassifying Hereinafter Described Property Located at 1064 University
Avenue From C-2 Neighborhood Commercial Shopping Center District to C-3 General
Commercial District with Conditions as Established in the Attached Memorandum of
Agreement. Seconded by Wethal. Motion carried 7-0.
6. The Zoning Advisory Commission recommends approval of the Request to
Rezone - 190 North Crescent Ridge from Adam Kafer, SIMS Properties, LLC. as
submitted: 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. Motion carried 7-0. Planning Services Manager Wally Wernimont provided a
staff report.
Motion by Jones for final consideration and passage of Ordinance No. 37-23
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, by Reclassifying Hereinafter Described Property Located at 190 North Crescent
Ridge from CS Commercial Service and Wholesale District to C-3 General Commercial
District. Seconded by Farber. Motion carried 7-0.
PUBLIC INPUT
Dale Leslein, 17291 Asbury Rd., Durango, la. provided input in favor of City Council
establishing an ATV-UTV ordinance for the City of Dubuque
Paul Schultz, 1040 Mount Carmel Dr. provided input in favor of City Council
prioritizing the Food Scrap Composting program.
Julie Castella, 1040 Mount Carmel Dr. reiterated the statement made by Mr. Schultz
regarding the Food Scrap Composting program.
ACTION ITEMS
1. Telegraph Herald "My View" article by Chief Financial Officer Jennifer Larson,
Dubuque's credit rating increase can bring substantial taxpayer savings: Motion by
Roussell to receive and file the documents. Seconded by Sprank. Motion carried 7-0.
2. Dubuque Named One of 11 lowa Thriving Communities by lowa Finance Authority
(IFA) and lowa Economic Development Authority (IEDA): Motion by Wethal to receive
and file the documents. Seconded by Sprank. Motion carried 7-0.
3. Greater Dubuque Development Corporation Quarterly Report and presentation of
Annual Report: Motion by Resnick to receive and file the documents and listen to the
presentation. Seconded by Farber. Rick Dickinson, President, and CEO of The Greater
Dubuque Development Corporation presented the quarterly update on the activities of
the Greater Dubuque Development Corporation and provided City Council with copies
of the Greater Dubuque Development Corporation 2022-2023 Annual Report. Motion
carried 7-0.
4. Request for Work Session - Developer's Roundtable Report: Motion by Resnick to
receive and file the documents and schedule the work session for Monday, November
6, 2023, beginning at 5:15 p.m. Seconded by Jones. No schedule conflicts were
expressed. Motion carried 7-0.
5. Platting of City Property along East Fifth Street and Bell Street in the Port of
Dubuque for McCoy Group, Inc. Development Agreement: Motion by Roussell to
receive and file the documents and adopt Resolution No. 280-23 Approving Plat of
Survey of Lot 1-1 and 2-1 of Riverwalk Ninth Addition, in the City of Dubuque, Dubuque
County, lowa. Seconded by Farber. Motion carried 7-0.
6. Request to Rename "Dubuque Ice Arena" to "ImOn Arena": Motion by Sprank to
receive and file the documents and adopt Resolution No. 281-23 Renaming the
Dubuque Ice Arena to ImOn Arena. Seconded by Wethal. Marie Ware, Leisure Services
Manager responded to questions from City Council. Motion carried 7-0.
7. Proposed Downtown Urban Renewal District Housing Incentive which will offer the
choice between 10 years of abatement followed by 5 years of TIF or 15 years of TIF:
Motion by Jones to receive and file the documents and approve. Seconded by Wethal.
Motion carried 7-0.
8. Invitation to Participate as one of twelve U.S. cities to participate in the inaugural
Cities Forward Initiative: Motion by Roussell to receive and file the documents and
approve. Seconded by Jones. Motion carried 7-0.
9. Burlington Street Water Main Improvement Project 2023 Award to Tschiggfrie
Excavating in the amount of $312,252.00: Motion by Sprank to receive and file the
documents and adopt Resolution No. 282-23 Awarding Public Improvement Contract for
the Burlington Street Water Main Improvement Project 2023. Seconded by Jones.
Motion carried 7-0.
10. Notice of Award & Request to Execute Agreement for 23-24 City of Dubuque
AmeriCorps Program: Creating Opportunities Grant: Motion by Jones to receive and file
the documents and approve. Seconded by Wethal. Motion carried 7-0.
11. Merrill Crawford Feature for Leisure Services Summer Employment Promotion:
Motion by Jones to receive and file the documents and view the video. Seconded by
Farber. Public Information Office staff will show a video profiling Merrill Crawford, a
seasonal employee in the City's Recreation Division. The video can also be viewed at
https://voutu.be/RoLDLKCRmQO. Motion carried 7-0.
12. Police Department Community Resource Officer Profiles Video: Motion by Jones
to receive and file the documents and view the video. Seconded by Sprank. Public
Information Office staff will show two videos profiling Community Resource Officers Ava
Jorin and Dave Weis from the Police Department. The videos can also be seen on
YouTube at: Ava Jorin: https://youtu.be/j7wKT8DOWaQ Dave Weis:
https://youtu.be/iqZ66vap8pq. Motion carried 7-0.
13. Van Cleave Family & Miracle League of Dubuque Video: Motion by Roussell to
receive and file the documents and view the video. Seconded by Wethal. Public
Information Office staff will show a video featuring the Van Cleave family and their
involvement with the Miracle League of Dubuque. The video can also be viewed at
https://youtu.be/901 Cr2fKaa4. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Resnick Welcomed students back to Dubuque and complimented
the Public Information Office for their video production skills, encouraging the public to
watch their productions.
Council Member Sprank reported that Loras College had provided transportation to
all the incoming freshmen to attend the Saturday Farmers' Market. Mr. Sprank attended
an event sponsored by the Dubuque Esports League that help gamers be mindful when
navigating the internet and gaming sites.
Council Member Jones thanked Senator Grassley, Senator Ernst, and
Congresswoman Hinson for allowing their congressional staff members from
Washington D.C. to participate in a tour of Dubuque to see how Dubuque is putting the
staff inembers work into action and how the effects of what the Congress does or
doesn't do directly effects the residents of Dubuque.
Mayor Cavanagh reiterated the statement of Council Member Jones and how
appreciative council was that they all were able to attend.
Council Member Wethal reported having coffee with members of the Ecumenical
Towers and hearing their views on issues. Ms. Wethal attended the Mount Carmel
Bluffs open house in Mayor Cavanagh's absence.
Council Member Farber also attended Mount Carmel Bluffs open house.
CLOSED SESSION
Motion by Jones to convene in closed session at 9:06 p.m. to discuss Purchase or
Sale of Real Estate — Chapter 21.5(1)(c),(j) Code of lowa. Seconded by Wethal. 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 9:59 p.m. stating that staff had been
given proper direction.
ADJOURNMENT
There being no further business, Mayor Cavanagh declared the meeting adjourned at
10:00 p.m.
/s/Trish L. Gleason, Assistant City Clerk