Minutes_City Council Proceedings 09.05.23 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
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on September 5, 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; 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. Nathaniel and Charlotte Morgan Peace Week (September 4-8): was accepted by
Ernestine Moss, Chris Happ-Olson, and Brian Hallstoos, on behalf of Nathaniel Morgan
Memorial Committee (NMMC)
2. Days of Peace and Nonviolence (September 6 to October 1): was accepted by
R.R.S. Stewart on behalf of Dubuque International Day of Peace Coordinating
Committee
3. Childhood Cancer Awareness Month (September): was accepted by Mitchell
Schmitt, board member of Childrens Cancer Connection and childhood cancer survivor
and on behalf of Childrens Cancer Connection
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 8/1/23, 8/21/23,
8/22/23, 8/24/23; Proof of Publication of City Council Proceedings of 7/31/23, 8/7/23
Upon motion the documents were received and filed.
2. Expenses submitted for City Council Approval: Upon motion the documents were
received and filed, and Resolution No. 283-23 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.
Items 3 and 4. City Manager providing a copy of the September/October 2023 Issue
of City News Newsletter and the 2023 City Services Guide brochure. Upon motion the
documents were received and filed.
5. National Endowment for the Arts (NEA) Local Arts Agency (LAA) American
Rescue Plan Act (ARPA) Creative Empowerment Subgrant Funding Recommendation
for Round 2. Upon motion the documents were received, filed, and concurred.
Items 6 to 13 - City Manager providing a copy of the City of Dubuque Employment
brochure; Employment and Empowerment Expo Flyer; Updated Local Housing
Creation, Access, & Affordability Programs & Incentives Brochure; Creating Housing
Opportunities: New Housing Units Approved and/or Under Review — 2,029 Lots/Units;
Carnegie-Stout Public Library Fall Program Guide Brochure; Fall 2023 "Let's Go!"
Activities Flyer; Multicultural Family Center section of Let's Go Activities Guide Fall 2023
brochure; The Creation of a Neighborhood Association Toolkit. Upon motion the
documents were received and filed.
14. lowa Grocer's Association Fireworks Permit Request from J&M Displays, Inc for a
fireworks display on September 12, 2023, on the Riverwalk between the Star Brewery
and the Grand River Center. Upon motion the documents were received, filed, and
approved.
15. 2024 Boating Infrastructure Tier 1 Grant Application Authorization to Submit
Grant Application to Assist with Funding to PerForm Maintenance Dredging at Dubuque
Marina: Upon motion the documents were received and filed, and Resolution No. 284-
23 Authorizing the filing of a Grant Application with the U.S. Fish And Wildlife Service
and lowa Department Of Natural Recourses for the 2024 Boating Infrastructure Tier 1
Grant to assist with funding to perform maintenance dredging at Dubuque Marina was
adopted.
16. Fiscal Year 2024 Purchase of Services Grant Amendment and Reallocated
Agreement with St. Mark Youth Enrichment and St. John's Almost Home and authorize
the Mayor to execute the agreements on behalf of the City. Upon motion the documents
were received, filed, and approved.
17. CDBG-CV Subrecipient Agreement for Credit Repair Program with Catholic
Charities and authorize the Mayor to execute the contract on behalf of the City. Upon
motion the documents were received and filed, and Resolution No. 285-23 Authorizing
Execution of CDBG-CV Subrecipient Agreement with Catholic Charities was adopted.
18. FY 24 Cooperative Agreement Proposal with the lowa Civil Rights Commission
(ICRC) to assist local agencies in resolving discrimination complaints and to reduce
case backlogs without compromising quality or the integrity of the system. Upon motion
the documents were received, filed, and approved.
19. Accepting the Foothill Court Drain Tile Project 2023 and the authorizing the
payment of the final contract amount of $63,325.52 to Temperley Excavating Company,
Inc. of East Dubuque, IL. Upon motion the documents were received and filed, and
Resolution No. 286-23 Accepting the Foothill Court Drain Tile Project 2023 and
Authorizing the Payment to the Contractor was adopted.
20. Funding Agreement Between City and American Marine 2023 Maintenance
Dredging Project and hereby authorize the City Manager to execute said agreement.
Upon motion the documents were received and filed, and Resolution No. 287-23
Approving the Funding Agreement between the City of Dubuque and American Marine
for the 2023 Maintenance Dredging Project was adopted.
21. Project Based Voucher Contract Renewal with The Rose of Dubuque: Upon
motion the documents were received and filed, and Resolution No. 288-23 Authorizing
the Director of Housing and Community Development to execute a Renewal Contract
Agreement between the City of Dubuque and The Rose of Dubuque L.P. for the Project
Based Voucher Program and authorizing the Director of Housing and Community
Development and the City Manager to approve the contract renewal was adopted.
22. Acceptance Green Alley Retaining Wall Project for 2406, 2408, 2410 Queen
Street between Queen Street and Windsor Avenue CIP 5524000003 and authorize the
payment of the final contract amount of $70,379.25 to MDE, LLC DBA McDermott
Excavating of Dubuque, IA. Upon motion the documents were received and filed, and
Resolution No. 289-23 Accepting the Green Alley Retaining Wall — 2406, 2408, 2410
Queen Street Between Queen Street and Windsor Avenue project and Authorizing the
Payment to the Contractor was adopted.
23. Civil Service Certified List for Police Officer; Upon motion the documents were
received, filed, and made a Matter of Record.
24. Tobacco Compliance Civil Penalties for Tobacco License Holders — Dubuque
Tobacco & Grocery, 1248 lowa St. and Pink Cloud Smoke Shop, 3301 Pennsylvania
Ave. Upon motion the documents were received, filed, and approved.
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. Providing for the Issuance of Urban Renewal Tax Increment Revenue Grant
Obligations, Pursuant to the Development Agreement for Property located at 2901
Central Ave. formally the Holy Ghost School, to Create 18 New Market-rate Rental Units
by and between the City of Dubuque, lowa, and HG APT LLC: Upon motion the
documents were received and filed and Resolution No. 290-23 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 HG APT 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 18, 2023 in the Historic
Federal Building.
2. Maus Lake Pumping Station Culvert Repair Project #5586500032 preliminarily
approving the proposed plans, specifications, form of contract, and construction
estimate of $741,300. Upon motion the documents were received and filed and
Resolution No. 291-23 The Maus Park Lake Pump Station Culvert Repair Project -
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; and Ordering the Advertisement for Bids was adopted setting a public
hearing for a meeting to commence at 6:30 p.m. on September 18, 2023 in the Historic
Federal Building.
3. Proceedings for Public Hearing on the Issuance of Not to Exceed $1,000,000,
Sewer Revenue Capital Loan Notes (Interim Financing) State Revolving Funds,
Planning and Design Loan Applications to fund the planning and design of the
improvements to various elements of the existing Cedar Street Lift Station, Terminal
Street Lift Station, and the associated FMs between the two and to the City's public
wastewater treatment facility. Upon motion the documents were received and filed and
Resolution No. 292-23 To fix a date for a Public Hearing on Proposal to enter into a
Sewer Revenue Loan and Disbursement Agreement and to Borrow Money Thereunder
in a Principal Amount Not to Exceed $1,000,000 (Lift Stations) was adopted setting a
public hearing for a meeting to commence at 6:30 p.m. on September 18, 2023 in the
Historic Federal Building.
4. Proceedings for Public Hearing on the Issuance of Not to Exceed $430,000, Sewer
Revenue Capital Loan Notes (Interim Financing) State Revolving Funds, Planning and
Design Loan Applications to fund the planning and design of the improvements on
Laurel Street, on Grove Terrace, on Center Grove, and the inspection and condition
assessment of other aging sewer infrastructure. Upon motion the documents were
received and filed and Resolution No. 293-23 To fix a date for a Public Hearing on
Proposal to enter into a Sewer Revenue Loan and Disbursement Agreement and to
Borrow Money Thereunder in a Principal Amount Not to Exceed $430,000 (Grove) was
adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September
18, 2023 in the Historic Federal Building.
BOARDS/COMMISSIONS
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: One, 3-Year Term through January 1,
2024 (Vacant term of Herrion) and One, 3-Year Term through January 1, 2025 (Vacant
term of Williams) Applicants: Michaela Freiburger, 1718 Diane Crt.; David Heiar, 805
Carriage Hill Dr. This commission is subject to the State of lowa Gender Balance Law,
§69.16A. 9 Commissioners total; currently 4 males /3 females /2 openings. Mr. Heiar
spoke in support of his application and provided a brief biography.
PUBLIC HEARINGS
1. Proposed Development Agreement by and between the City of Dubuque, lowa,
and Farley & Loetscher, LLC Providing for the Issuance of Urban Renewal Tax
Increment Revenue Grant Obligations Pursuant to the Development Agreement: Wendy
Hopp, 2193 Southway Dr., Gail Weitz, 1630 Lori Crt., Nino Erba, 180 West 15th St.,
Jaime Izaguirre 1394 Locust St, All spoke regarding the need for more low-income
housing in Dubuque. Rick Dickinson, 205 Hill St. spoke professionally and personally in
favor of this project. Matt Mulligan, 501 Bell St. — Developer — President of Conlan
Construction Spoke regarding his vision of the project and how this one project fits into
the overall housing need for the City Of Dubuque. Motion by Resnick to receive and file
the documents and adopt Resolution No. 294-23 Approving a Development Agreement
by and between the City of Dubuque, lowa and Farley & Loetscher, LLC, including the
issuance of Urban Tax Increment Revenue Obligations. Seconded by Jones. Motion
carried 7-0.
2. Development Agreement by and Between the City of Dubuque, lowa and
Chadwick Block, LLC providing for the issuance of Urban Renewal Tax Increment
Revenue Grant Obligations for a project at 249 W 1 st Street: Motion by Jones to receive
and file the documents and adopt Resolution No. 295-23 Approving a Development
Agreement by and between the City of Dubuque, lowa, and Chadwick Block, LLC
including the issuance of Urban Tax Increment Revenue Obligations. Seconded by
Sprank. Motion carried 7-0.
3. Chaplain Schmitt Island Trail Connection Project lowa DOT Project No. EDP-
2100(704)-- 7Y-31: Motion by Jones to receive and file the documents and adopt
Resolution No. 296-23 Approval of Plans, Specifications, Form of Contract, and
Estimated Cost for the Chaplain Schmitt Island Trail Connection Project, lowa DOT
Project No. EDP-2100(704)— 7Y-31. Seconded by Wethal. Motion carried 7-0.
PUBLIC INPUT
Katherine Sorsen, 2613 Jackson St. Comiskey Park is amazing and would like to see
phase 2 begin, The tree in back yard of 2600 Jackson needs trimmed as well as the
sidewalk. Ms. Sorsen also spoke in favor of more low-income housing, and that used
Car lots are not visually appealing in residential neighborhoods.
Related to Action Item #7, Julie Frommelt, Owner of Welu Printing Inc. located at
1685 Central Ave. — spoke in support of the green alley projected and thanks City
Manager Van Milligen for approving the repair to specific allies that are located in the
Central Avenue Corridor.
Paul Schultz, Mount Carel Bluffs Neighborhood spoke in favor of City Council
Municipal Curb Side Collection of Food Scrap program and Co-Composting at
DMASWA compost center.
ACTION ITEMS
1. Correspondence from Park and Recreation Advisory Commission requesting City
Council review and update the City of Dubuque Park and Recreation Facility Naming
Policy. Marie Wate Leiser services Director responded to questions from the City
Council. Motion by Roussell to receive and file the documents. Seconded by Farber.
Motion carried 7-0.
2. City of Dubuque COVID-19 After Action Report (AAR) Summary was presented by
Public Health Director Mary Rose Corrigan. Motion by Jones to receive and file the
documents and listen to the presentation. Seconded by Roussell. Motion carried 7-0.
3. Assistant City Manager Cori Burbach is submitting the City Council affirmed 15-
year vision statement and mission statement, identified eight five-year goals for the city,
and the also identified top and high priorities for the 2023-2025 policy agenda as well as
in-progress projects and capital projects for 2023-2025. Motion by Jones to receive and
file the documents. Seconded by Resnick. Motion carried 7-0.
4. 2023 Maintenance Dredging Project Award Public Improvement Construction
Contract Project Number: 5546000001-304-67990 Harbor Area Dredging to Newt
Marine Service, in the amount of $493,840.00. Motion by Sprank to receive and file the
documents and adopt Resolution No. 297-23 Awarding Public Improvement
Construction Contract for the 2023 Maintenance Dredging Project. Seconded by
Wethal. Motion carried 7-0.
5. Eagle Valley, Westbrook, and English Ridge Subdivision Park Design,
Development, and Construction Management Services RFP Update: Motion by
Roussell to receive and file the documents. Seconded by Sprank. Motion carried 7-0.
6. Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 2
Sewers and Sewage Disposal, Article D Industrial Pretreatment Program, Section 13-
2D-10 Fees and Charges: 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.
Motion by Jones for final consideration and passage of Ordinance No. 38-23
Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 2
Sewers and Sewage Disposal, Article D Industrial Pretreatment Program, Section 13-
2D-10 Fees and Charges. Seconded by Wethal. Motion carried 7-0.
7. Fiscal Year 24 Bee Branch Green Alley Projects based on the established
redevelopment of the Central Avenue Corridor as a priority, City Manager has approved
the following three alleys for improvement to Green Alley pavers over the next year; 1.
Alley between Central Avenue and White Street from 17th Street to 18th Street. 2. Alley
between Central Avenue and lowa Street from 15th Street to 16th Street. 3. Alley
between Central Avenue and lowa Street from 16th Street to 17th Street. Motion by
Farber to receive and file the documents. Seconded by Wethal. Motion carried 7-0.
8. Rebuilding America's Infrastructure with Sustainability and Equity (RAISE)
Infrastructure Planning Grant Consultant Selection of AECOM Technical Services, Inc.,
of Waterloo, lowa, to complete the Engineering Design and NEPA / Environmental
Study Phase for the project entitled "Building Bridges to Employment and Equity
(B2E2)". Motion by Jones to receive and file the documents and approve. Seconded by
Wethal. Motion carried 7-0.
9. Bee Branch Stormwater Pumping Station - Phase IV of the Bee Branch Watershed
Flood Mitigation Project: Civil Engineer Daron Muehring responded to questions by the
City Council. Motion by Roussell to receive and file the documents and adopt
Resolution No. 298-23 Pledging the Local Match in the Amount of $19,012,000 Using
$16,412,000 in General Obligation Bonds and $2,600,000 in SRF Loan Proceeds for
Construction of a New Stormwater Pumping Station at the 16th Street Detention Basin.
Seconded by Sprank. Motion carried 7-0.
10. Dubuque Awarded the lowa Thriving Communities Designation and clarifying the
benefits of the designation and encouraging developers to pursue housing projects in
the Central Avenue Corridor Area. Motion by Resnick to receive and file the documents.
Seconded by Farber. Motion carried 7-0.
11. U.S. Department of Housing and Urban Development Section 8 Compliance
Review and approve the city's response to the findings in the review. Motion by Jones
to receive and file the documents and approve. Seconded by Wethal. Motion carried 7-
0.
12. Sustainable Dubuque Quarterly Work Session Request: Motion by Roussell to
receive and file the documents and schedule the work session to begin at 5:15 p.m. on
October 16, 2023. Seconded by Resnick. No schedule conflicts were expressed. Motion
carried 7-0.
13. The City Council discussed moving videos to the next agenda due to technology
issues. Technology issues were rectified. Motion by Roussell seconded by Sprank to
have Media Services show the two Spanish Testimonial videos for City Life Fall 2023.
Motion carried 7-0.
Motion by Farber seconded by Resnick to have Media Services show the videos they
produced featuring This year's School Resources Officers.
14. Dubuque Police Department School Resource Officers - 2023-2024 Video Motion
by Farber seconded by Resnick to show the video that Media Services staff from the
Public Information Office worked with the Dubuque Police Department to produce a
video featuring this year's School Resources Officers. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Sprank reported attending the 2nd annual Rooted Table event held
on Washington Street in Dubuque.
Council Member Jones congratulated the city on a recently received grant.
Mayor Cavanagh reported that he attended the Black Business Expo along with
Council Member Wethal and City Manager Van Milligen.
CLOSED SESSION
Motion by Jones to convene in closed session at 10:03 p.m. to discuss Pending
Litigation and Purchase or Sale of Real Estate — Chapter 21.5(1)(c),(j) Code of lowa.
Seconded by Resnick. 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 Crenna Brumwell. Motion carried 7-0.
ADJOURNMENT
The City Council reconvened in open session at 10:23 p.m. stating that staff had
been given proper direction.
There being no further business, Mayor Cavanagh declared the meeting adjourned at
10:24 p.m.
/s/Trish L. Gleason, Assistant City Clerk
1 t: 9/20