Minutes_City Council Proceedings 11.06.23Copyrighted
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
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 5:15 p.m. on November 6, 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 to receive an update on the Developer's
Roundtable.
WORK SESSION
Developer's Roundtable Update
Developer's Roundtable Facilitator Dave Lyons of Greater Dubuque Development
Corporation and Planning Services Director Wally Wernimont provided an update on the
Developer's Roundtable. The presenters responded to questions from the City Council
regarding software options for process improvements and the future format of the roundtables.
Mr. Lyons stated that future roundtables will be open to the public and Mr. Wernimont stated
that the city will be part of the broader roundtable discussions going forward. Responding to a
question, City Attorney Brumwell defined rolling meetings as people having back-to-back
meetings with individual Council Members, a practice that is prohibited. City Council Members
stressed that residents could share their feedback with the City Council and reflected on the
roundtables being a productive and ongoing process. City Council Members also mentioned
some of the factors they perceived as necessary for growth, including community safety and
childcare availability. Consent Item No. 7 on the agenda was referenced toward addressing
childcare needs.
There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:31
p.m.
/s/Adrienne N. Breitfelder, CMC, City Clerk
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on November 6, 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
PROCLAMATION(S)
1. Hospice and Palliative Care Month (November 2023) was accepted by Carole Carroll on
behalf of Hospice of Dubuque.
2. National Apprenticeship Week (November 13-19, 2023) was accepted by Tom Townsend
on behalf of the Dubuque Building and Construction Trades Council.
3. Pancreatic Cancer Awareness Day (November 16, 2023) was accepted by Diane Oglesby
on behalf of the Michael W. Oglesby Foundation.
CONSENT ITEMS
Mayor Cavanagh requested Item No. 11 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 No. 11. Seconded by Farber. Motion carried 7-0.
1. 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. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Arius Burns and Hayle Johnson for property damage;
Laufenberg and Larson Properties LLC for property damage; Smokestack - Susan Price for
property damage. Upon motion the documents were received, filed, and referred to the City
Attorney.
3. Disposition of Claims: City Attorney advised that the following claims have been referred
to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool:
Laufenberg and Larsen Properties for property damage; Mercy One Medical Center for property
damage; Smokestack Susan Price for property damage. Upon motion the documents were
received, filed, and concurred.
4. Appeal of Claim by James Hauber: Senior Counsel recommended denial of an appeal of
a claim against the City filed by James Hauber for property damage. Upon motion the
documents were received, filed, and concurred.
5. Approval of City Expenditures: Upon motion the documents were received and filed, and
Resolution No. 354-23 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.
6. IEDA Contract 18-TC-038 Assignment, Medline Industries, Inc. Corporate Reorganization:
Upon motion the documents were received and filed, and Resolution No. 355-23 Approving the
Third Amendment to the Economic Development Financial Assistance Contract by and among
Medline Industries, Inc., MIRE DIA, LLC, the City of Dubuque, Iowa, and the Iowa Economic
Development Authority was adopted.
7. 2023 — Q4 Update on Childcare Challenges and Collaborations: City Manager shared a
quarterly update on the status of collaboration efforts among partners in Dubuque to address a
need for sufficient quality, affordable childcare options in the community. Upon motion the
documents were received and filed.
8. Approving a Sixth Amendment to Development Agreement Between the City of Dubuque
and Port of Dubuque LLC: Upon motion the documents were received and filed, and Resolution
No. 356-23 Approving the Sixth Amendment to Development Agreement between the City of
Dubuque, Iowa and Port of Dubuque LLC was adopted.
9. Development Agreement between the City of Dubuque and Merge, LLC: Resolution
Approving the Reservation of Easements by the City of Dubuque, Iowa: Upon motion the
documents were received and filed, and Resolution No. 357-23 Approving the Reservation of
Easements by the City of Dubuque, Iowa in connection with a Development Agreement
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between the City of Dubuque and Merge, LLC was adopted.
10. First Amendment to Purchase Agreement and Development Agreement between the City
of Dubuque and Union at the Marina, LP: Upon motion the documents were received and filed,
and Resolution No. 358-23 Approving the First Amendment to Purchase Agreement and
Development Agreement between the City of Dubuque and Union at the Marina, LP was
adopted.
11. Contracted Services Agreement - Crescent Community Health Center: Mayor Cavanagh
announced that he would abstain from the vote due to his wife's employment with Crescent
Community Health Center. Mayor Pro Tern Wethal requested the vote on the item be called,
with the vote passing 6-0 with abstention from Cavanagh. City Attorney Brumwell clarified that
a motion and second were needed before the formal vote. Motion by Jones to receive and file
the documents and approve the Contracted Services Agreement with Crescent Community
Health Center for Fiscal Year 2024. Seconded by Farber. Motion carried 6-0 with abstention
from Cavanagh.
12. Purchase Agreement Approval for Purchase of Dubuque County Owned Parcel,
1119358006: Upon motion the documents were received and filed, and Resolution No. 359-23
Approving an offer to buy real estate and acceptance for the purchase by the City of Dubuque,
Iowa of real property owned by Dubuque County, Iowa was adopted.
13. Kwik Trip, Inc. Property Right of Way Plat and Dedication —Roundabout Improvements
Project at the Intersection of Kerper Boulevard and Kerper Court: Upon motion the documents
were received and filed, and Resolution No. 360-23 Approving the Acquisition Plat of Lot 2A of
Kerper Industrial Park No. 2, in the City of Dubuque, Iowa was adopted.
14. Acceptance of Grants of Easement for Sanitary Sewer Utility over Jon D. Luckstead
Property in Tamarack Business Park, Dubuque, Iowa Tamarack Sanitary Sewer Extension
Project: Upon motion the documents were received and filed, and Resolution No. 361-23
Accepting Grants of Easement for Sanitary Sewer Utility through, over and across parts of
Tamarack Subdivision and parts of the Southeast Quarter of Section 14, Township 88 North,
Range 2 East of the 5th p.m., in Dubuque County, Iowa was adopted.
15. Force Main Stabilization Project, Amendment No. 1 to Agreement with the U.S.
Department of the Army/U.S. Army Corps of Engineers: Upon motion the documents were
received and filed, and Resolution No. 362-23 Authorizing the execution of Amendment No. 1
to Agreement with the Department of the Army to collaborate on stabilization and protection of
the force main along the Mississippi River was adopted.
16. Signed Contract(s): Professional Services Agreement with WHKS & Co. for the Eagle
Valley, Westbrook, & English Ridge Subdivision Park Design, Development, and Construction
Management Services. Upon motion the documents were received and filed.
17. Improvement Contracts / Performance, Payment and Maintenance Bonds: Midwest
Concrete, Inc. for the US HWY 20 & Devon Dr. Frontage Road Closure; Tschiggfrie Excavating
Co. for the Althauser St. Retaining Wall Repair Project; Tschiggfrie Excavating Co. for the Maus
Park Lake Pump Station Culvert Repair. Upon motion the documents were received, filed, and
approved.
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18. Community Development Block Grant (CDBG) Subrecipient Agreement — Four Mounds
Foundation Build Dubuque Vocational Training: Upon motion the documents were received and
filed, and Resolution No. 363-23 Authorizing execution of CDBG Subrecipient Agreement with
Four Mounds Foundation was adopted.
19. Pre -annexation Agreement — Andrew & Samantha Schumacher: Upon motion the
documents were received and filed, and Resolution No. 364-23 Approving a Pre -Annexation
Agreement between the City of Dubuque, Iowa and Andrew L. and Samantha L. Schumacher
was adopted.
20. Shared Administrative Support Between Information Technology, Office of Equity and
Humans Rights, and Office of Shared Prosperity and Neighborhood Support: City Manager
recommended City Council approval of an increase in the full-time equivalents of .34 at the
additional cost of $41,814 to make an existing part-time administrative position (.66FTE, GE-
25) into a full- time position (1.00FTE, GE-25) for administrative support to be shared between
these three departments: Information Technology, Office of Equity and Human Rights, and
Office of Shared Prosperity and Neighborhood Support. Upon motion the documents were
received, filed, and approved.
21. Hiring of a Full Time Transportation Services Laborer Position: City Manager
recommended City Council approval of creation of a full-time Transportation Services Laborer
and elimination of a current part-time Intermodal Laborer (.28 FTE) and a part-time Ramp
Custodian (.27 FTE). Upon motion the documents were received, filed, and approved.
22. Yahoo Finance Article Naming Dubuque the Second -Most Affordable Iowa City for
Seniors: Upon motion the documents were received and filed.
23. Adoption of Supplement Number 2023 S-12 to the City of Dubuque Code of Ordinances:
Upon motion the documents were received and filed, and Resolution No. 365-23 Adopting
Supplement No. 2023 S-12 to the Code of Ordinances of 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 hearings as indicated. Seconded by Sprank. Motion carried 7-0.
1. Resolution Setting a Public Hearing on a Proposed First Amendment to Development
Agreement by and between the City of Dubuque, Iowa and 799 Main, 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. 366-23 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa
on a First Amendment to Development Agreement by and between the City of Dubuque, Iowa
and 799 Main, 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 20, 2023 in the
Historic Federal Building.
2. Resolution Setting a Public Hearing on a Proposed Development Agreement between the
City of Dubuque, Iowa and Vanguard Enterprises, Inc. for the Issuance of Urban Renewal Tax
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Increment Revenue Grant Obligations Pursuant to the Development Agreement: Upon motion
the documents were received and filed and Resolution No. 367-23 Fixing the date for a public
hearing of the City Council of the City of Dubuque, Iowa on the proposed Development
Agreement between the City of Dubuque and Vanguard Enterprises, Inc., including the
proposed issuance of urban renewal tax increment revenue grant obligations to Vanguard
Enterprises, Inc., 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 20, 2023 in the Historic Federal
Building.
3. Resolution Setting a Public Hearing on a Proposed Lease Agreement by and Between the
City of Dubuque, Iowa and the Dubuque Arboretum Association, Inc.: Upon motion the
documents were received and filed and Resolution No. 368-23 Fixing the date for a public
hearing of the City Council of the City of Dubuque, Iowa on a Lease Agreement by and between
the City of Dubuque, Iowa, and Dubuque Arboretum Association, Inc. 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 20, 2023 in the Historic Federal Building.
4. SOO Green HVDC Link ProjectCo, LLC Franchise Agreement: Upon motion the
documents were received and filed and Resolution No. 369-23 Setting a public hearing on an
ordinance granting to Soo Green HVDC Link Projectco, LLC, its successors and assigns, the
right and nonexclusive franchise to maintain and operate an electric franchise (transmission
system) in the City of Dubuque, Iowa, for a period of 25 years 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.
5. Resolution Setting a Public Hearing on a Proposed Development Agreement by and
among the City of Dubuque, Iowa, 400 Ice Harbor, LLC, and Hodge Company Providing for the
Sale of City -owned Real Estate to 400 Ice Harbor, LLC and 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. 370-23 (1) Approving the
minimum requirements, competitive criteria, and offering procedures for the development and
the sale of certain real property and improvements in the Greater Downtown Urban Renewal
District; (2) determining that the offer to purchase submitted by 400 Ice Harbor, LLC satisfies
the offering requirements with respect to the real property and improvements and declaring the
intent of the City Council to approve the sale to 400 Ice Harbor, LLC in the event that no
competing proposals are submitted; and (3) soliciting competing proposals was adopted setting
a public hearing for a meeting to commence at 6:30 p.m. on December 18, 2023 in the Historic
Federal Building.
BOARDS/COMMISSIONS
Appointments were made to the following boards/commissions.
Investment Oversight Advisory Commission: One, 3-Year Term through July 1, 2026 (Vacant
Term of Lassance), and one, 3 Year term through July 1, 2024 (Vacant Term of Major).
Applicants: Daniel Garza, 2110 Rhomberg Ave., and Phillip Heim, 911 Tressa St. (Additional
Applicant). Motion by Jones to appoint Mr. Garza to the three-year term through July 1, 2026.
Seconded by Wethal. Motion carried 7-0. Motion by Jones to appoint Mr. Heim to the three-year
term through July 1, 2024. Seconded by Wethal. Motion carried 7-0.
n
PUBLIC HEARINGS
1. Request to Rezone 1860 Hawthorne Street: 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 Resnick. Planning Services Director Wally Wernimont provided a staff report,
stating that the public hearing must be replicated due to a publication error in the notice of the
initial public hearing. Responding to a question from the City Council regarding how they should
address the information they received from the previous public hearing, City Attorney Brumwell
stated that all previously received input is included with the agenda item. Ms. Brumwell stated
that the public hearing is conducted in good faith and that since City Council meetings are
recorded, the previous meetings and materials can always be referenced to demonstrate good
faith. City Clerk Breitfelder announced that written input was received from Mary Giesler, 2310
High Cloud Dr. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 46-23 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 Resnick. Motion carried 7-0.
2. Second Amendment to Grant Agreement with Virtual Velocity, LLC for the Rehabilitation
of 1199 Central Avenue: Motion by Sprank to receive and file the documents and adopt
Resolution No. 371-23 Approving 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. Seconded by Jones. Motion carried 7-0.
3. Public Hearing - Purchase Agreement Approval for Partial Sale of Hendricks Site Property
to Dubuque County and City Purchase of Dubuque County Owned Parking Lot: Motion by
Roussell to receive and file the documents and adopt Resolution No. 372-23 Disposing of City
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. Seconded by Farber.
Dubuque County Auditor and Commissioner of Elections Kevin Dragotto thanked city staff for
their work on the agreement and offered his availability for questions. City Council Members
commended the project. Motion carried 7-0.
ACTION ITEMS
1. Private and Publicly Owned Distribution System Water Main Pipe Materials: Motion by
Resnick to receive and file the documents and approve the continued use of poly -vinyl chloride
(PVC) and ductile iron pipe (DIP) for public drinking water mains privately or publicly owned -
and -operated in the City of Dubuque, or as extended, with the intent to be connected to the City
of Dubuque's water distribution system; and that the City of Dubuque continue to use the
SUDAS Specification and Design Manual for water mains, adopted by City Council resolution
211-23 on July 5, 2023, as a uniform standard for design and installation; and suspend use of
the Division 5 of the City of Dubuque SUDAS Supplemental standards as it pertains to Water
Main materials specifically until such time as a formal review is conducted. Seconded by
Roussell. Responding to a question from the City Council regarding a potential discrepancy,
City Manager Van Milligen stated that the city's code of ordinances may contain conflicting
language and that amendments to the code may be required. Motion carried 7-0.
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2. Locations of Utilities within the Right of Way: Motion by Jones to receive and file the
documents relating to engineering design standards for the placement of utilities within the
public right-of-way (ROW) as outlined in the Iowa State Urban Design and Specifications
(SUDAS) program. Seconded by Sprank. Responding to a question from the City Council, City
Manager Van Milligen stated that this resulted from the developers roundtables and offers
developers the option to install water mains under pavement. Motion carried 7-0.
3. Funding Affordable Connectivity Program (ACP) Website: Motion by Farber to receive and
file the documents and approve the funding to support the Affordable Connectivity Program
(ACP) website and hosting services, including analytics through December of 2024 in the
amount of $145,544.26. Seconded by Wethal. City Council Members summarized the previous
outcomes of the ACP. Responding to a question from the City Council, City Manager Van
Milligen stated that general fund savings from Fiscal Year 2023's budget will fund the program.
Mr. Van Milligen summarized how general fund savings are carried over into the next fiscal
year. Motion carried 7-0.
4. City Focus Magazine - Fall 2023 Issue: Motion by Sprank to receive and file the
documents. Seconded by Wethal. City Council Members commended the publication. Motion
carried 7-0.
5. Contacting City Council and City Staff Handouts: Motion by Wethal to receive and file the
documents. Seconded by Jones. Motion carried 7-0.
6. Updated "New Housing Units Approved and/or Under Review" Handout: Motion by Sprank
to receive and file the documents. Seconded by Wethal. City Council Members stated the
importance of communicating the benefits of these incentives to state legislators. Motion carried
7-0.
7. 2023-2025 City Council Goals & Priorities Brochure: Motion by Resnick to receive and file
the documents. Seconded by Farber. Motion carried 7-0.
8. Work Session Request: Waste Minimization Annual Report Presentation: Motion by Jones
to receive and file the documents and schedule the work session for December 18, 2023, at
5:30 p.m. Seconded by Resnick. Motion carried 7-0.
9. Work Session Request: Carnegie -Stout Public Library Space Needs Assessment: Motion
by Jones to receive and file the documents and schedule the work session for January 16,
2024, at 5:30 p.m. Seconded by Sprank. Motion carried 7-0.
10. Dubuque County Economic Development Update Video: Motion by Jones to receive and
file the documents and view the video. Seconded by Resnick. Media Services showed a video
update on the variety of economic development projects currently underway in Dubuque
County. The video can be viewed at: https://youtu.be/NUsRtV8O1BA?si=hq-uJWCuwkBeiNSN.
Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Roussell reported on attending the Indian Association of Dubuque's Diwali
Festival of Lights; the NAACP Freedom Fund Banquet; a Cities Forward call with the city's
partner city of Hermosillo, Mexico; Dubuque Main Street's awards banquet; the Grand River
Center's 20t" anniversary celebration' and Dubuque Trees Forever's Lower Bee Branch tree
planting event.
Council Member Sprank reported that the Pride Family Picnic received Dubuque Main
Street's award for best annual event.
Council Member Jones reported that election day is occurring on November 7t". Mr. Jones
also reported on his recent visit to the Boys & Girls Club of Greater Dubuque.
Council Member Resnick reported on the recent retirement of Public Works Director John
Klostermann.
Council Member Wethal reported on serving as Mayor Pro Tern at Q Casino's
groundbreaking event and the Grand River Center's 20t" anniversary celebration. Ms. Wethal
also reported on attending the NAACP Freedom Fund Banquet and the Indian Association of
Dubuque's Diwali Festival of Lights.
Mayor Cavanagh reported on attending Bloomberg City Lab in Washington, D.C., where the
topic of Al was extensively discussed.
CLOSED SESSION
Motion by Jones to convene in closed session at 8:04 p.m. to discuss Pending Litigation and
Purchase or Sale of Real Estate — Chapter 21.5(1)(c),(j) Code of Iowa. 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 10:09 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/Adrienne N. Breitfelder, CIVIC
City Clerk
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