12 04 23 Agenda - Special and RegularR O LL C AL L O R D E R F O R ME E TIN G O F
December 4, 2023
Sprank, Farber, Resnick, Roussell, Jones, Cavanagh, Wethal
Viewing and Participation Options
The public has the option to view and participate in the meeting in City C ouncil Chambers or
virtually. The meeting will be aired live on CityChannel Dubuque (Mediacom cable channels 8
and 117.2), streamed live and archived on the City’s website at www.cityofdubuque.org/media,
and streamed live on the City’s Facebook page at www.facebook.com/cityofdubuque.
The public can provide in-per son, audio, and written input during sections of the agenda
where public input is accepted. It is strongly recommended that all members of the public who
intend to provide in-person or virtual public input contact the City C lerk at least 24 hours
prior to the meeting to provide notice of intent to provide public input. This will help City staff
anticipate participation levels at the meeting. Contact the City Clerk
at ctyclerk@cityofdubuque.org or 563-589-4100.
For in-person input, please reference the instructions on speaking within the Consent Items,
Public Hearing, and Public Input sections.
Virtual input options during the live meeting include:
Log into GoToMeeting using the login links, phone numbers and access code below.
This option includes audio input and written “chat” input. If you are participating via
computer, indicate which item you would like to speak to in the Chat function, or note
you would like to speak during the appropriate section. If you are participating via
phone, indicate which item you would like to speak to during the appropriate section. All
comments, whether audio or written, must be accompanied by a name and address.
Please join the meeting from your computer, tablet or smartphone.
www.CityOfDubuque.org/VirtualMeeting
You can also dial in using your phone.
United States (Toll Free): 1 877 568 4106
United States: +1 (571) 317-3129
Access Code: 337-661-181
Additionally, written public input can be accepted prior to or during the meeting by:
Contacting the City Council directly from the City’s webpage
at www.cityofdubuque.org/councilcontacts
Through the City Clerk’s Office email at ctyclerk@cityofdubuque.org
C ITY O F D U B U Q U E, IO W A
C IT Y C O U N C IL ME E T IN G
H istoric Federal Building: 350 W . 6th Street -
Second-Floor Council C hambers.
Virtual participation options are also available. Please
see the information above for options.
December 4, 2023
Council meetings are video streamed live and archived at www.cityofdubuque.org/media and
on Dubuque's CityChannel on the Mediacom cable system at cable channel 8 and digital 117.2
W O R K SESSIO N
1.5:30 P M - Railroad Quiet Zone Study
Engineering department staff and consultant Anderson-Bogert will give a presentation on the
Railroad Quiet Zone Study progress to date and next steps.
R E G U L AR S E S S IO N
6:30 P M
P LED G E O F ALL E G IAN C E
P R O C L AMATIO N(S)
1.Eradication of Generational Poverty Day (December 7, 2023)
On behalf of the Fountain of Youth Program.
C O N S E N T ITEMS
The consent agenda items are considered to be routine and non-controversial and all consent items
will be normally voted upon in a single motion without any separate discussion on a particular item. I f
you would like to discuss one of the Consent I tems, please go to the microphone and be recognized
by the Mayor and state the item you would like removed from the Consent Agenda for separate
discussion and consideration.
1.Minutes and reports submitted
City Council Proceedings of 11/20/23; Zoning Advisory Commission of 11/29/23; Zoning Board of
Adjustment of 11/16/23.
Suggested Disposition: Receive and File
2.Disposition of Claims
City Attorney advising that the following claims have been referred to Public Entity Risk Services of I owa,
the agent for the I owa Communities Assurance Pool: Mary LeGrand and David Smith for property
damage; Dennis Noel for vehicle damage; Donovan Tann for property damage.
Suggested Disposition: Receive and File; Concur
3.Approval of City Expenditures
City Manager recommending City Council approval for payment of City expenditures.
R E S O L U T IO N 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
Suggested Disposition: Receive and File; Adopt Resolution(s)
4.Fiscal Year 2025 Annual Tax Increment Financing Report
City Manager transmitting the Annual Tax I ncrement Financing Report that has been filed with Dubuque
County Auditor Kevin Dragotto.
Suggested Disposition: Receive and File
5.Fiscal Year 2023 Iowa Urban Renewal Annual Report
City Manager recommending approval of the Fiscal Year 2023 I owa Urban Renewal Report for the City of
Dubuque.
R E S O L U T IO N Approving the Fiscal Year 2023 Urban Renewal Report for the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution(s)
6.Fiscal Year 2023 City Street Financing Report
City Manager transmitting the annual City Street financing report that has been filed with the I owa
Department of Transportation.
Suggested Disposition: Receive and File
7.Nordstrom Inc. Property Tax Appeal Stipulation of Settlement Approval
Senior Counsel recommending approval of the Stipulation of Settlement for a 2023 property tax appeal
filed by Nordstrom I nc. for their property located at Parcel No. 1029300009.
Suggested Disposition: Receive and File; Approve
8.Kennedy Mall, IN C. 2023 Property Tax Appeal Stipulation of Settlement - Parcel No.
1028276002
Senior Counsel transmitting notice of a Stipulation of Settlement for a 2023 property tax appeal filed by
Kennedy Mall, I NC. for their property located at Parcel No. 1028276002.
Suggested Disposition: Receive and File
9.Kennedy Mall, IN C. 2023 Property Tax Appeal Stipulation of Settlement - Parcel
No. 1028276901
Senior Counsel transmitting notice of a Stipulation of Settlement for a 2023 property tax appeal filed by
Kennedy Mall, I NC. for their property located at Parcel No. 1028276901.
Suggested Disposition: Receive and File
10.Abstract of Votes - 2023 General Election
City Clerk transmitting the Abstract of Votes for the November 7, 2023 General Election as certified by the
County Board of Canvassers.
Suggested Disposition: Receive and File
11.Pre-annexation Agreement – Michael Hodge & Annette Hall
City Manager recommending City Council approval of a pre-annexation agreement with Michael Hodge &
Annette Hall, property owner, 17257 Chicory Street, in W ildflower Ridge Subdivision, in Dubuque
Township, Dubuque County, I owa, according to the recorded plat thereof and authorize the Mayor to sign
the agreement on behalf of the City of Dubuque.
R E S O L U T IO N Approving a Pre-Annexation Agreement between the City of Dubuque, I owa and Michael
Hodge and Annette Hall
Suggested Disposition: Receive and File; Adopt Resolution(s)
12.Wilbricht Lane Detention Basin Project - C IP# 7202722
City Manager recommending City Council adopt the attached resolution accepting the public
improvements and authorizing the final payment of the contract amount of $338,860.71, to Mc Dermott
Excavating for the W ilbricht Lane Detention Basin Project.
R E S O L U T IO N Accepting the W ilbricht Lane Detention Basin Project and authorizing the payment of the
contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
13.Lower Bee Branch Creek Trail Extension – Dubuque Metropolitan Area Transportation
Study Transportation Alternatives Program Multi-Use Trail Grant Application Approval
City Manager recommending City Council adopt the attached resolution and authorize city staff to submit
the Dubuque Metropolitan Area Transportation Study Transportation Alternatives Program Grant
Application for the Lower Bee Branch Creek Trail Extension Project.
R E S O L U T IO N Authorizing the filing of a grant application with the Dubuque Metropolitan Area
Transportation Study Transportation Alternatives Program Grant to assist with funding the Bee Branch
Multi-Use Trail Extension Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
14.Resolution Approving a Second Amendment to Development Agreement by and between
the City of Dubuque, Iowa and 799 Main, LL C
City Manager recommending City Council adopt the attached resolution approving a Second Amendment
to Development Agreement by and between the City of Dubuque, I owa and 799 Main, LLC (Developer).
R E S O L U T IO N Approving a Second Amendment to Development Agreement by and between the City of
Dubuque, I owa and 799 Main, LLC (Developer).
Suggested Disposition: Receive and File; Adopt Resolution(s)
15.Second Amendment to Purchase Agreement and Development Agreement between the
City of Dubuque, Iowa and Union at the Marina, LP
City Manager recommending City Council approval of the Second Amendment to the Purchase
Agreement and Development Agreement by and between the City of Dubuque, I owa and Union at the
Marina, LP.
R E S O L U T IO N Approving the Second Amendment to Purchase Agreement and Development Agreement
between the City of Dubuque, I owa and Union at the Marina, LP
Suggested Disposition: Receive and File; Adopt Resolution(s)
16.Grass and W eed Cutting and Garbage Collection Assessments
City Manager recommending City Council adopt the attached resolution authorizing the City to certify
grass and weed cutting and garbage collection charges to the Dubuque County Treasurer in order to
establish real property liens for collection of such charges.
R E S O L U T IO N Authorizing the city to collect delinquent grass and weed cutting and garbage collection
charges in accordance with Title 6-4-3a and Title 6-8-2 of the Code of Ordinances of the City of
Dubuque, I owa
Suggested Disposition: Receive and File; Adopt Resolution(s)
17.Fiscal Year 2023/Program Year 2022 End-of-Year Review for the Community
Development Block Grant Consolidated Annual Performance and Evaluation Report
(C AP E R)
City Manager sharing information on an End-of-Year Review the City of Dubuque received from the U.S.
Department of Housing and Urban Development (HUD) regarding the Community Development Block
Grant (C D B G) funds for FY23/P Y22.
Suggested Disposition: Receive and File
18.Award of C Y2023 H AP Set-Aside Funding from H U D
City Manager recommending City Council approval to accept the C Y2023 HA P Set-Aside Funding in the
amount of $122,748.
R E S O L U T IO N Authorizing the Director of Housing and Community Development to execute the
acceptance of the Notice of Award of the C Y2023 HA P Set-Aside Funds
Suggested Disposition: Receive and File; Adopt Resolution(s)
19.January/February Issue of City News Newsletter
City Manager providing a copy of the J anuary/February I ssue of the City News Newsletter.
Suggested Disposition: Receive and File
20.2023 Annual Legislative Dinner Meeting Documents
City Manager transmitting documents from the 2023 Annual Legislative Dinner.
Suggested Disposition: Receive and File
21.Signed Contract(s)
Tschiggfrie Excavating Change Order No. 2 for the Burlington Water Main I mprovements project.
Suggested Disposition: Receive and File
22.Approval of Retail Tobacco, Alternative Nicotine, and Vapor Product Permit Applications
City Manager recommending City Council approval of tobacco, alternative nicotine, and vapor product
permit as submitted.
R E S O L U T IO N Approving application for retail permit to sell Tobacco, Tobacco Products, Alternative
Nicotine Products, and Vapor Products, as required by I owa Code §453A.47A
Suggested Disposition: Receive and File; Adopt Resolution(s)
B O AR D S/C O MMIS S IO N S
1.Boards and Commission Appointments
Appointments to the following commissions to be made at this meeting.
Cable Television Commission
One, 3-Year Term through J uly 1, 2026 (Vacant Term of Heidenreich)
Applicant:
Georgina Guerrero, 245 Princeton Pl.
P U B L IC H E AR IN G S
Residents are invited to address the City Council regarding the following agenda items.
Please come to the podium and state your name and address when the item you wish to
speak to is being considered.
1.Rezoning 110 E. 30th Street, 114 E. 30th Street, and 2987 Jackson Street
Proof of publication on notice of public hearing to consider approval of a request from Chris
Staver to rezone property located at 110 E. 30th Street, 114 E. 30th Street, and 2987 J ackson
Street from C-1 Neighborhood Commercial and R-2A Alternate Two-Family Residential to C-2
Neighborhood Shopping Center District to allow for construction of a surface parking lot for his
restaurant and Zoning Advisory Commission recommending approval.
O R D IN AN C E Amending Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, by reclassifying hereinafter described property located at 110 E. 30th
Street, 114 E. 30th Street, and 2987 J ackson Street from R-2A Alternate Two-Family
Residential District and C-1 Neighborhood Commercial District to C-2 Neighborhood Shopping
Center District
Suggested Disposition: Receive and File; Motion B; Motion A
P U B L IC IN P U T
At this time, anyone in the Council Chambers may address the City Council on the Action I tems on
the agenda or on matters under the control of the City Council. Residents are asked to approach the
podium and state their name and address before proceeding with their comments. I ndividual remarks
are limited to five minutes, and the overall Public I nput period is limited to 30 minutes. Under the I owa
Open Meetings Law, the City Council can take no formal action on comments given during Public
I nput which do not relate to Action I tems on the Agenda.
AC T IO N ITEMS
These are items where discussion is held by the City Council - public comments are not
allowed except as authorized by the Mayor.
1.Update: 3000 Jackson Street, H&W Building
City Manager is providing an update on the H & W project at 3000 J ackson Street.
Suggested Disposition: Receive and File
2.Housing Commission Research and Recommendation
City Manager providing information regarding the Housing Commission responsibilities in
response to an audit finding from the US Department of Housing and Urban Development and
is recommending City Council adopt the updates to the Housing Commission Ordinance to
come into compliance with the Federal Regulations and to eliminate redundancies in the
ordinance.
O R D IN AN C E Amending City of Dubuque Code of Ordinances Title 2 Boards and
Commissions, Chapter 5 Housing Agency and Community Development Commissions, Article
B Housing Commission, Sections 2-5B-5 Membership and 2-5B-13 Powers
Suggested Disposition: Receive and File; Motion B; Motion A
3.Childcare Business Champion Pledge
City Manager recommending City Council approval to pledge $25,000 toward a childcare wage
enhancement effort.
Suggested Disposition: Receive and File; Approve
4.Central Avenue & W hite Street Corridor Traffic Study: Request to Distribute R F P and
Create an R F Q Review Committee - C IP 55-24000038
City Manager recommending City Council approval to distribute a Request for Proposals (RF P)
for professional consultant services to study the feasibility of Central Avenue and W hite Street
from its existing one-way pair to all alternatives for these corridors, including a two-way
conversion, from 4th Street to 22nd Street and that the City Manager be authorized to negotiate
and execute an agreement with the recommended consultant.
Suggested Disposition: Receive and File; Approve
5.Central Avenue / W hite Street Truck Route Amend Commercial Motor Vehicles
Ordinance
City Manager recommending Mayor and City Council adoption of the amended ordinance.
O R D IN AN C E will be provided at the City Council Meeting on December 4, 2023.
Suggested Disposition: Receive and File; Motion B; Motion A
6.Work Session Request: Officer Involved Shooting Procedures
City Manager recommending City Council schedule a work session on February 19, 2024, at
5:30 p.m. for a presentation from Assistant Police Chief J oe Messerich on the Dubuque Police
Department’s policy and procedures when a police officer is involved in an officer involved
shooting or use of force incident causing death.
Suggested Disposition: Receive and File; Council
C O U N C IL MEMB E R R EPO R TS
C L O S E D S E S S IO N
Pending Litigation and Purchase or Sale of Real Estate – Chapter 21.5(1)(c),(j) Code of
Iowa
AD J O U R N ME N T
The agenda with supporting doc uments may be ac cessed at www.city ofdubuque.org or at the City
Clerk's Office, 50 W. 13th Street, during regular business hours.
This notice is given pursuant to Chapter 21, C ode of I owa, and applicable loc al regulations of the City
of Dubuque, I owa and/or governmental body holding the meeting.
W ritten comments regarding the above items may be submitted to the C ity Clerk's Offic e, 50 W . 13th
St., Dubuque, I A 52001, before or at said time of meeting.
I ndividuals with limited English proficiency, vision, hearing or speech impairments or requiring special
assistance should contact the City Clerk's Offic e as soon as feasible at (563) 589-4100,
ctyclerk@cityofdubuque.org . D eaf or hard-of-hearing individuals can use Relay I owa by dialing 711
or (800) 735-2942.