Proof_City Council Proceedings 10.16.23Copyrighted
November 20, 2023
City of Dubuque Consent Items # 01.
City Council Meeting
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: City Council Proceedings of November 6, 2023; Civil Service
Commission of November 8, 2023; Library Board of Trustees Update of
October 26, 2023; Zoning Advisory Commission of November 1, 2023;
Zoning Board of Adjustment of November 2, 2023; Proof of Publication
for City Council Proceedings of October 2 and October 16, 2023.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
City Council Proceedings of November 6, 2023 Supporting Documentation
Civil Service Commission of November 8, 2023 Supporting Documentation
Library Board of Trustees Update of October 26, 2023 Supporting Documentation
Zoning Advisory Commission Minutes of 11/1/23 Supporting Documentation
Zoning Board of Adjustment of November 2, 2023 Supporting Documentation
Proof of Publication for City Council Proceedings Supporting Documentation
10/2/23
Proof of Publication for City Council Proceedings Supporting Documentation
10/ 16/23
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, 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:
10/31/2023
and for which the charge is 353.28
Subscribed to before me a Notary Public ' and for
Dubuque County, Iowa,
this 31st day of October, 2023
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Ad text : 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, RousseIl, 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
PROCLAMATIONS
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 Citys 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. 340-23 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. 341-23
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 WethaI. 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 Carrier 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
65th 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(l) (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 Bramwell.
There being no further business, Mayor Cavanagh declared the
meeting adjourned at 9:46 p.m.
/s/ Trish Gleason,
Assistant City Clerk
It 10/31