Minutes_City Council Proceedings 10.16.23City of Dubuque
City Council Meeting
ITEM TITLE
SUMMARY:
SUGGESTED
DISPOSITION:
ATTACHMENTS:
Description
Copyrighted
November 6, 2023
Consent Items # 01.
Minutes and Reports Submitted
Arts and Cultural Affairs Commission of 9/26/23; City Council
Proceedings of 10/16/23; Library Board of Trustees Update of 9/28/23;
Zoning Board of Adjustment of 9/28/23.
Suggested Disposition: Receive and File
Arts and Cultural Affairs Commission of 9/26/23
City Council Proceedings of 10/16/23
Library Board of Trustees Update of 9/28/23
Zoning Board of Adjustment of 9/28/23
Type
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 5:45 p.m. on October 16, 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 a quarterly Sustainable Dubuque
update.
1. Sustainable Dubuque Work Session: Director of Sustainability Gina Bell prepared an in-
depth look at the Climate Action Plan as it relates to values City Council holds and actions the
City Council can take. Council participated in an interactive presentation to indicate their
priorities within the sustainability department.
There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:25
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 October 16, 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
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1. Keeping the Lights on After School (October 20, 2023) was accepted by Beth McGorry,
Director of Donor Relations, on behalf of St. Mark Youth Enrichment
2. Domestic Violence Awareness Month (October 2023) was accepted by Angela Heister
and Jenny Sheehan, Domestic Violence Victim Advocates, on behalf of Waypoint.
3. Arts and Humanities Month Proclamation (October 2023) was accepted by Arts and
Cultural Affairs Coordinator Bonnie Spurling and Nicholas Harder, Arts and Cultural Affairs
Advisory Commission Chair.
4. Extra Mile Day (November 1, 2023) was accepted by AmeriCorps Director Heather
Satterly of Leisure Services, on behalf of Extra Mile America.
CONSENT
Citizens requested Nos. 5, 8 and 22 be held for separate discussion. Motion by Resnick to
receive and file the documents, adopt the resolutions, and dispose of as indicated except for
item numbers 5, 8, and 22. Seconded by Farber. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council Proceedings of 10/2/23; Zoning Advisory
Commission Minutes of 10/4/23; Proof of Publication of City Council Proceedings of 9/5/23,
9/11/23, 9/12/23, 9/18/23. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Jill Boge for vehicle damage; Mary Burke for vehicle
damage; Linda Irish for vehicle damage; J P Gasway Co Inc for vehicle damage; Lori Meyer
for property damage; Mercy One Medical Center for property damage; Erica Nelson 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 Iowa, the agent for the Iowa Communities
Assurance Pool: City Jill Boge for vehicle damage; Mary Burke for vehicle damage; Linda
Irish for vehicle damage; Lori Meyer for property damage; Erica Nelson for vehicle damage; J
P Gasway Co Inc for vehicle damage. Upon motion the documents were received, filed, and
concurred.
4. Notice of Appeal of Claim: Jim Hauber for property damage; Clayton and Nicole
Ketchum for property damage Upon motion the documents were received and filed.
5. Appeal of Claim by Clayton and Nicole Ketchum: City Attorney recommending denial of
an appeal of a claim against the City filed by Clayton and Nicole Ketchum for property
damage. Motion by Resnick to receive and file and concur. Seconded by Jones. Nicole
Ketchum spoke and requested City Council approve the appeal of claim. Motion carried 7-0.
6. Approval of City Expenditures: Upon motion the documents were received and filed, and
Resolution No. 333-23 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 approved.
7. City News Newsletter - November/December 2023: Upon motion the documents were
received and filed.
8. Dubuque Audubon Society Correspondence and Petition: Motion by Jones to receive
and file the documents. Seconded by Roussell. Ken Kiss from the Dubuque Audubon Society
spoke in favor of retaining grasslands and presented the Evaluation and management of
grasslands at the Dubuque Technology Park for grassland bird diversity Final Report to
Council Motion carried 7-0.
9. Black Heritage Survey Update Work Session originally scheduled for October 16, 2023,
will be rescheduled on a date to be determined. Upon motion the documents were received
and filed.
10. Participation in National League of Cities "City Inclusive Entrepreneurship" Program:
Upon motion the documents were received and filed.
11. Request for Proposals - Consulting Services for an Aerial Photography Project for
aerial orthophotography and LiDAR data collection in the amount of $160,000. Upon motion
the documents were received, filed, and approved.
12. Proposed Amendment to Master Co -location and Shared Services Agreement between
the City of Dubuque and ImOn Communications LLC Data Center: Upon motion the
documents were received, filed, and approved.
13. Request to add a full-time payroll systems analyst and administrator and a fully remote
part-time finance project manager, as well as eliminate a vacant full-time budget financial
analyst and a vacant limited term full-time accountant. Upon motion the documents were
received, filed, and approved.
14. Request to eliminate the 0.25 full-time employee, Lease Management Intern Position
and add a non-exempt (hourly), full-time Confidential Account Clerk position. Upon motion
the documents were received, filed, and approved.
15. Flood Control System Repairs Agreement with the Corps of Engineers to complete
flood control system repairs and authorize the Mayor to affix his signature to the agreement.
Upon motion the documents were received, filed, and approved.
16. First Amendment to Community Development Block Grant (CDBG) Subrecipient
Agreement with Mt. Pleasant Home and authorize the Mayor to execute the amendment on
behalf of the City. Upon motion the documents were received and filed, and Resolution No.
334-23 Authorizing the First Amendment to the CDBG Subrecipient Agreement Between the
City of Dubuque and Mount Pleasant Home was approved.
17. Approving the Fourth Amendment to Development Agreement between the City of
Dubuque, Iowa and 210 Jones, LLC: Upon motion the documents were received and filed,
and Resolution No. 335-23 Approving the Fourth Amendment to Development Agreement
Between the City of Dubuque, Iowa and 210 Jones, LLC was approved.
18. Application Authorization for an Iowa Clean Air Attainment Program (ICAAP) grant for
Smart Traffic Routing with Efficient Traffic Signals (STREETS) Phase II: Upon motion the
documents were received and filed, and Resolution No. 336-23 Authorizing the filing of an
Iowa Clean Air Attainment Program Application with the Iowa Department of Transportation
(Iowa DOT) in partnership with Dubuque Metropolitan Area Transportation Study (DMATS) to
assist with the funding of Smart Traffic Routing with Efficient and Effective Traffic Signals
(STREETS) Improvements Phase II was approved.
19. Financial Assistance Award agreement with the U. S. Economic Development
Administration (EDA) and authorizing the City Manager to act as the City's authorized
representative to secure $7,700,000 in grant funding for the Bee Branch Stormwater
Pumping Station Project (Phase V of the Bee Branch Watershed Flood Mitigation Project).
Upon motion the documents were received and filed, and Resolution No. 337-23 Approving a
US Department of Commerce Economic Development Administration Disaster Relief
Opportunity Grant for the Construction of a New Stormwater Pumping Station at the 16th
Street Detention Basin was approved.
20. Acceptance of Grant of Easement for Access and Sidewalk over and across Part of Lot
1 of Lot 9, Block 15, in Scenic View Heights No. 2, in the City of Dubuque, Iowa, from
property owner Chad Ellis (for C Ellis Properties, LLC or CEP) for the extension of the
existing sidewalk on the east side of Miracle League Drive to the Veterans Memorial Park
property and the granting of the appropriate easements along Miracle League Drive. Upon
motion the documents were received and filed, and Resolution No. 338-23 Accepting a Grant
of Easement for access and sidewalk over and across part of Lot 1 of Lot 9, Block 15, in
Scenic View Heights No. 2, in the City of Dubuque, Iowa was approved.
21. Althauser St. Retaining Wall Repair Project awarded to Tschiggfrie Excavating Co. in
the low bid amount of $144,004.50. Upon motion the documents were received and filed, and
Resolution No. 339-23 Awarding Public Improvement Construction Contract for the Althauser
St. Retaining Wall Repair Project was approved.
22. Platting of City Property at 1860 Hawthorne Street, formerly the Bowling and Beyond
Site in the Kerper Boulevard Industrial Park (Union at the Marina, LP Development
Agreement): Mayor Cavanagh stated that the residents wanting to speak on this item really
want to speak at the first Public Hearing on this agenda. Motion by Jones to receive and file
and adopt Resolution No. 334-23 Approving Plat of Survey of Lot 1-2 And 2-2 of Block 2 in
River Front Subdivision No. 3, in the City of Dubuque, Iowa. Seconded by Wethal. Motion
carried 7-0.
23. Approval of Retail Alcohol Licenses: Upon motion the documents were received and
filed, and Resolution No. 335-23 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
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. Second Amendment to Grant Agreement with Virtual Velocity, LLC for the
Rehabilitation of 1199 Central Avenue: Upon motion the documents were received and filed
and Resolution No. 342-23 Fixing the date for a Public Hearing of the City Council of the City
of Dubuque, Iowa on a Second Amendment to Grant Agreement by and between the City of
Dubuque, Iowa and Virtual Velocity, 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 November 6, 2023 in the Historic Federal Building.
2. Purchase Agreement Approval for Partial Sale of Hendricks Site Property to Dubuque
County and City Purchase of Dubuque County Owned Parking Lot: Upon motion the
documents were received and filed and Resolution No. 343-23 Of Intent to Dispose of an
Interest in Real Property by Deed to Dubuque County, Iowa and Approving the Acquisition
Real Property Owned by Dubuque County, Iowa by the City of Dubuque was adopted setting
a public hearing for a meeting to commence at 6:30 p.m. on November 6, 2023 in the Historic
Federal Building.
3. Resolution of Necessity for the Proposed Urban Renewal Plan for the Emri Urban
Renewal District: Upon motion the documents were received and filed and Resolution No.
344-23 Authorizing and Directing the City Manager to Prepare an Urban Renewal Plan for the
Emri Urban Renewal District and Setting the Date for a Public Hearing and Consultation on
the Proposed Urban Renewal Plan for Said District was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on November 20, 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. Investment Oversight Advisory Commission: One, 3-Year Term through July 1, 2026
(Vacant Term of Lassance) Applicant: Daniel Garza, 2110 Rhomberg Ave.
PUBLIC HEARINGS
1. Proof of publication on notice of public hearing to consider approval of a request from
Derek Hays, The Annex Group to rezone property located at 1860 Hawthorne Street from CR
Commercial Recreational to Planned Unit Development with PR - Planned Residential
designation, and Zoning Advisory Commission recommending approval. 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 Director Wally Wernimont provided a staff presentation. Citizens: Robin
Kennicker, Sandy Plumley, Monte Thorp, and Margaret Owens, all spoke in opposition to the
proposed rezoning request. Rick Dickinson, President and CEO of Greater Dubuque
Development Corp. and Darik Hase, Developer, each spoke in favor of the rezoning request.
Motion by Jones for final consideration and passage of Ordinance No. 45-23 Amending
Title 16 of the Unified Development Code of the City of Dubuque Code of Ordinances by
Reclassifying the Hereinafter Described Property Located Along Hawthorne Street and
Kerper Boulevard within the City of Dubuque from CR Commercial Recreation to Planned
Unit Development with PR -Planned Residential Designation. Seconded by Wethal. Motion
carried 7-0.
2. Proof of Publication on notice of public hearing to consider approving a Development
Agreement by and between the City of Dubuque, Iowa and Union at the Marina, LP providing
for the sale of city -owned real estate to Union at the Marina, LP, and the issuance of Urban
Renewal Tax Increment Revenue Grant Obligations pursuant to the Development Agreement
and City Manager recommending approval. Motion by Resnick to receive and file the
documents and adopt Resolution No. 345-23 Approving the Disposal of an Interest in Real
Property Owned by the City of Dubuque by Sale Pursuant to a Development Agreement with
Union at the Marina, LP. Seconded by Farber. Motion carried 7-0.
3. Proof of Publication on notice of public hearing to consider Fifth Amendment to
Development Agreement by and between the City of Dubuque, Iowa and Port of Dubuque
LLC and City Manager recommending approval. Motion by Roussell to receive and file the
documents and adopt Resolution No. 346-23 Approving the Fifth Amendment to
Development Agreement Between the City of Dubuque, Iowa, and Port of Dubuque LLC,
Including the Proposed Issuance of Urban Renewal Tax Increment Revenue Obligations
Relating Thereto, and Providing for the Publication of Notice Thereof. Economic
Development Director Jill Connors responded to questions from the Council. Seconded by
Sprank. Motion carried 7-0.
4. Proof of Publication on notice of public hearing to consider the First Amendment to
Grant Agreement with Nia Neighborhoods Opportunity Zone Fund, LLC and City Manager
recommending approval. Motion by Roussell to receive and file the documents and adopt
Resolution No. 347-23 Approving a First Amendment to Grant Agreement by and Between
the City of Dubuque, Iowa, and Nia Neighborhoods Opportunity Zone Fund, LLC Including
the Issuance of Urban Tax Increment Revenue Obligations. Seconded by Farber. Motion
carried 7-0.
5. Proof of Publication on notice of public hearing to consider Fiscal Year 2024 First
Budget Amendment and City Manager recommending approval. Motion by Jones to receive
and file the documents and adopt Resolution No. 348-23 Amending the Current Budget for
Fiscal Year Ending June 2024 (As Last Certified or Amended on 3-23-23). Seconded by
Sprank. Motion carried 7-0.
PUBLIC INPUT
Jenny Peterson Brant spoke regarding action item no. 4. Americans for the Arts' Arts &
Economic Prosperity VI Study Results Notification.
ACTION ITEMS
1. Public Health Director Mary Rose Corrigan presented information on current COVID-19
strains along with updates on other communicable diseases and public health issues of
interest for Fall, 2023. Motion by Resnick to receive and file the documents and listen to
presentation. Seconded by Jones. Motion carried 7-0.
2. U.S. Hwy 20 and Devon Dr. Frontage Road Project Awarded to Midwest Concrete, Inc.
for $17,879.44. Motion by Roussell to receive and file the documents and adopt Resolution
No. 349-23 Awarding Public Improvement Construction Contract for the U.S. Hwy 20 and
Devon Drive Frontage Road Project. Seconded by Sprank. Motion carried 7-0.
3. Sustainable Dubuque Community Grant Program Recommendation Round 28 at a total
funding amount of $9,950.00. Motion by Sprank to receive and file the documents and adopt
Resolution No. 350-23 Awarding Sustainable Dubuque Grant to Bryant Elementary and
Resolution No. 351-23 Awarding Sustainable Dubuque Grant to Danielle Stowell and
Resolution No. 352-23 Awarding Sustainable Dubuque Grant to Dubuque Community School
District and Resolution No. 353-23 Awarding Sustainable Dubuque Grant to Dubuque
Rescue Mission Garden. Seconded by Wethal. Motion carried 7-0.
4. Americans for the Arts' Arts & Economic Prosperity VI Study Results Notification: Motion
by Roussell to receive and file the documents. Seconded by Wethal. Motion carried 7-0.
5. Cori Burbach, Assistant City Manager of Dubuque IA, recently received the Credentialed
Manager designation from ICMA, the International City/County Management Association.
Motion by Roussell to receive and file the documents and congratulate. Seconded by Sprank.
Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Sprank attended the 3rd annual Black Business Expo, Fashion Show at
the Q Casino. Attended a Community Day at Chaplin Schmitt Island hosted by the Dubuque
Racing Association (DRA).
Council Member Jones was a customer who had to get a sewer line replaced and
complimented staff on their knowledge and professionalism. Additionally reported that former
Mayor Roy Buol was impressed with the Developing Dubuque video series created by
Multimedia Specialist Felicia Carner and starring current Mayor Brad Cavanagh.
Council Member Wethal attended Central Curb Staging Storefronts event.
Council Member Farber also attended the Central Curb Staging Storefronts event.
Council Member Resnick reminded everyone that this is the 65t' anniversary of the
Dubuque Symphony Orchestra.
Council Member Roussell attended the Developers Roundtable and thanked the League of
Women Voters for sponsoring a recent candidate forum.
Council Member Cavanagh attended the graduation of City Life Class in Spanish.
CLOSED SESSION
Motion by Jones to convene in closed session at 9:13 p.m. to discuss Pending Litigation
and Purchase or Sale of Real Estate — Chapter 21.5(1) (a), (c), 0) Code of Iowa. Seconded
by Resnick. Motion carried 7-0.
The Mayor 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.
There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:46
p.m.
/s/Trish Gleason, Assistant City Clerk