Proof_City Council Proceedings 11.06.23City of Dubuque
City Council Meeting
Consent Items # 01.
Copyrighted
December 18, 2023
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: Arts and Cultural Affairs Advisory Commission of October 24, 2023; City
Council Proceedings of December 4, 2023; Community Development
Advisory Commission of November 29, 2023; Zoning Advisory
Commission of December 6, 2023; Proof of Publication for City Council
Proceedings of November 6, 2023 and November 20, 2023.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
Arts and Cultural Affairs Advisory Commission of
October 24, 2023
City Council Proceedings of December 4, 2023
Community Development Advisory Commission of
November 29, 2023
Zoning Advisory Commission of December 6, 2023
Proof of Publication for City Council Proceedings of
November 6, 2023
Proof of Publication for City Council Proceedings of
November 20, 2023
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
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:
11/15/2023
and for which the charge is 432.77
Sub cribed to before me, Lotary Public in and for
Dubuque County, Iowa,
this 15th day of November, 2023
— Qd�e' 2,;� K F11,71'.. , —
Notary b1lic in and for Dubuq e County, Iowa.
AE JANET K. PAPE
0 y Commission ,lumber 199659
t My Commission Expires
rawa 12/11/2025
Ad text : 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
Developers Roundtable.
WORK SESSION
Developers Roundtable Update
Developers Roundtable Facilitator Dave Lyons of Greater
Dubuque Development Corporation and Planning Services Director
Wally Werninont provided an update on the Developers
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
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
PROCLAMATIONS)
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., MRE
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 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 wifes employment with Crescent
Community Health Center. Mayor Pro Term. 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. I 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.
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 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.
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 Breitfclder
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 Dubuques 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 citys code of ordinances may contain conflicting language
and that amendments to the code may be required. Motion
carried 7-0.
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 2023s 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.
S. 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:
bttps://youtu.be/NUsRtV80IBA?si=hg-uJWCuwkBeiNSN. Motion
carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Roussell reported on attending the Indian
Association of Dubuques Diwali Festival of Lights; the NAACP
Freedom Fund Banquet; a Cities Forward call with the citys
partner city of Hermosillo, Mexico; Dubuque Main Streets
awards banquet; the Grand River Centers 20th anniversary
celebration and Dubuque Trees Forevers Lower Bee Branch tree
planting event.
Council Member Sprank reported that the Pride Family Picnic
received Dubuque Main Streets award for best annual event.
Council Member Jones reported that election day is occurring
on November 7th, 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 Tem at
Q Casinos groundbreaking event and the Grand River Centers
20th anniversary celebration. Ms. Wethal also reported on
attending the NAACP Freedom Fund Banquet and the Indian
Association of Dubuques Diwali Festival of Lights.
Mayor Cavanagh reported on attending Bloomberg City Lab in
Washington, D.C., where the topic of AT 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),O) 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,
CMC City Clerk
It 11115