Proof_City Council Proceedings 12.04.23Copyrighted
January 16, 2024
City of Dubuque Consent Items # 01.
City Council Meeting
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: City Council Proceedings of December 29, 2023 and January 3, 2024;
Arts and Cultural Affairs Commission of November 28, 2023; Zoning
Advisory Commission of January 4, 2024; Proof of publication for City
Council Proceedings of December 4, 2023 and December 18, 2023.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
City Council Proceedings of December 29, 2023 Supporting Documentation
City Council Proceedings of January 3, 2024 Supporting Documentation
Arts and Cultural Affairs Commission of November 28, Supporting Documentation
2023
Proof of publication for City Council Proceedings of Supporting Documentation
December 4, 2023
Proof of publication for City Council Proceedings of Supporting Documentation
December 18, 2023
Zoning Advisory Commission Minutes of January 4, Supporting Documentation
2024
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
1, 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:
12/13/2023
and for which the charge is 312.98
C�`E✓�
S bscribed to before me, a Notary Public in and for
Dubuque County, Iowa,
this 13th day of December, 2023
Notary blic in and for Dubuque County, Iowa.
hlQ,5AL d? JANET K. PAPE
4 commission Number 199659
My Commission Expires
,owh 12/11/2025
Ad text : CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 5:30 p.m.
on December 4, 2023, in the second -floor Council Chambers of
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Pro Tern Wethal; Mayor Cavanagh (attended
virtually); Council Members Farber, Jones, Resnick, Roussell,
Sprank; City Manager Van Milligen, City Attorney Brumwell.
Mayor Pro Tern Wethal read the call and stated this is a
special session of the City Council called for the purpose of
conducting a work session on the Railroad Quiet Zone Study.
WORK SESSION
Railroad Quiet Zone Study
Project Manager Steve Sampson Brown introduced Project
Manager Bryan Janssen and Project Engineer Jacob Sprengeler,
both of Anderson -Bogert, who gave a presentation on the
Railroad Quiet Zone Study progress to elate and next steps.
Responding to questions from the City Council, the consultants
stated that railroad companies are required to maintain all
the citys railroad equipment. The consultants further stated
that Muscatine is an example of an Iowa city along the
Mississippi river that has implemented railroad quiet zones
and provided the timeframes to apply for federal funding. Mr.
Brown responded to a question regarding the public input
process, stating that written notice will be sent to those
residing near the train tracks and that direct engagement will
be important to communicate necessary information. Responding
to a question from the City Council regarding next steps, City
Manager Van Milligen stated that the project has been overseen
by the Dubuque Metropolitan Area Transportation Study (DMATS)
up until this point, therefore DMATS representatives could
share next steps. Chandra Ravada, Director of Transportation,
Planning, and Transit Services for the East Central
Intergovernmental Association (ECIA), who oversees DMATS,
stated that discussions have occurred with Director of
Strategic Partnerships Teri Goodmann and determinations are
being made on applying for grant funding as a region. Mr.
Ravada further stated that the Consolidated Rail
Infrastructure and Safety Improvements (CRISI) Program grant
deadline is in the spring of 2024 and that award recipients
will be announced in the late fall.
There being no further business, Mayor Pro Tern Wethal declared
the meeting adjourned at 6:26 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 December 4th, 2023, in the second -floor Council Chambers of
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Pro Tern Wethal; Mayor Cavanagh (attended
virtually); Council Members Farber, Jones, Resnick, Roussell,
Sprank; City Manager Van MilIigen, City Attorney Brumwell.
Mayor Pro Tern Wethal 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. Eradication of Generational Poverty Day (December 7,
2023) was accepted by Sarah Coble on behalf of the Fountain of
Youth Program.
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt
the resolutions, and dispose of as indicated. Seconded by
Farber. Motion carried 7-0.
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. Upon motion the documents
were received, filed, and approved.
2. 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: Mary LeGrand and David Smith for property damage; Dennis
Noel for vehicle damage; Donovan Tann for property damage.
Upon motion the documents were received, filed, and concurred.
3. Approval of City Expenditures. Upon motion the documents
were received and filed, and Resolution No. 392-23 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.
4. Fiscal Year 2025 Annual Tax Increment Financing Report:
Upon motion the documents were received and filed.
5. Fiscal Year 2023 Iowa Urban Renewal Annual Report: Upon
motion the documents were received and filed, and Resolution
No. 393-23 Approving the Fiscal Year 2023 Urban Renewal Report
for the City of Dubuque was adopted.
6. Fiscal Year 2023 City Street Financing Report: Upon
motion the documents were received and filed.
7. Nordstrom Inc. Property Tax Appeal Stipulation of
Settlement Approval: Senior Counsel recommended approval of
the Stipulation of Settlement for a 2023 property tax appeal
filed by Nordstrom Inc. for their property located at Parcel
No. 1029300009. Upon motion the documents were received,
filed, and approved.
8. Kennedy Mall, INC. 2023 Property Tax Appeal Stipulation
of Settlement - Parcel No. 1028276002: Senior Counsel
transmitted notice of a Stipulation of Settlement for a 2023
property tax appeal filed by Kennedy Mall, INC. for their
property located at Parcel No. 1028276002. Upon motion the
documents were received and filed.
9. Kennedy Mall, INC. 2023 Property Tax Appeal Stipulation
of Settlement - Parcel No. 1028276901: Senior Counsel
transmitted notice of a Stipulation of Settlement for a 2023
property tax appeal filed by Kennedy Mall, INC. for their
property located at Parcel No. 1028276901. Upon motion the
documents were received and filed.
10. Abstract of Votes - 2023 General Election: City Clerk
transmitted the Abstract of Votes for the November 7, 2023
General Election as certified by the County Board of
Canvassers. Upon motion the documents were received and filed.
11. Pre -annexation Agreement Michael Hodge & Annette Hall:
Upon motion the documents were received and filed, and
Resolution No. 394-23 Approving a Pre -Annexation Agreement
between the City of Dubuque, Iowa and Michael Hodge and
Annette Hall was adopted.
12. Wilbricht Lane Detention Basin Project - CIP# 7202722:
Upon motion the documents were received and filed, and
Resolution No. 395-23 Accepting the Wilbricht Lane Detention
Basin Project and authorizing the payment of the contract
amount to the contractor was adopted.
13. Lower Bee Branch Creek Trail Extension Dubuque
Metropolitan Area Transportation Study Transportation
Alternatives Program Multi -Use Trail Grant Application
Approval: Upon motion the documents were received and filed,
and Resolution No. 396-23 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 was
adopted.
14. Resolution Approving a Second Amendment to Development
Agreement by and between the City of Dubuque, Iowa and 799
Main, LLC: Upon motion the documents were received and filed,
and Resolution No. 397-23 Approving a Second Amendment to
Development Agreement by and between the City of Dubuque, Iowa
and 799 Main, LLC (Developer) was adopted.
15. Second Amendment to Purchase Agreement and Development
Agreement between the City of Dubuque, Iowa and Union at the
Marina, LP: Upon motion the documents were received and filed,
and Resolution No. 398-23 Approving the Second Amendment to
Purchase Agreement and Development Agreement between the City
of Dubuque, Iowa and Union at the Marina, LP was adopted.
16. Grass and Weed Cutting and Garbage Collection
Assessments: Upon motion the documents were received and
filed, and Resolution No. 399-23 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, Iowa
was adopted.
17. Fiscal Year 2023/Program Year 2022 End -of -Year Review
for the Community Development Block Grant Consolidated Annual
Performance and Evaluation Report (CAPER); Upon motion the
documents were received and filed.
18. Award of CY2023 HAP Set -Aside Funding from. HUD: Upon
motion the documents were received and filed, and Resolution
No. 400-23 Authorizing the Director of Housing and Community
Development to execute the acceptance of the Notice of Award
of the CY2023 HAP Set -Aside Funds was adopted.
19. January/February Issue of City News Newsletter: Upon
motion the documents were received and filed.
20. 2023 Annual Legislative Dinner Meeting Documents: Upon
motion the documents were received and filed.
21. Signed Contract(s): Tschiggfrie Excavating Change Order
No. 2 for the Burlington Water Main Improvements project. Upon
motion the documents were received and filed.
22. Approval of Retail Tobacco, Alternative Nicotine, and
Vapor Product Permit Applications: Upon motion the documents
were received and filed, and Resolution No. 401-23 Approving
application for retail permit to sell Tobacco, Tobacco
Products, Alternative Nicotine Products, and Vapor Products,
as required by Iowa Code *453A.47A was adopted.
BOARDS/COMMISSIONS
Appointments were made to the following boards/commissions.
1. Cable Television Commission: One, 3-Year Term through
July I, 2026 (Vacant Term of Heidenreich). Applicant: Georgina
Guerrero, 245 Princeton Pl. Motion by Jones to appoint Ms.
Guerrero to the three-year term through July 1, 2026. Seconded
by Sprank. Motion carried 7-0.
PUBLIC HEARINGS
1. Rezoning 110 E. 30th Street, 114 E. 30th Street, and 2987
Jackson 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 Sprank. Planning Services Director Wally Wernimont
provided a staff report. City Council Members thanked the
Zoning Advisory Commission for conducting a special meeting to
approve the request and expressed support for the ordinance,
stating that the rezoning was necessary and appropriate for
the area. Motion carried 7-0.
Motion by Jones for final consideration and passage of
Ordinance No. 53-23 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 Jackson Street from R-2A
Alternate Two -Family Residential District and C-1 Neighborhood
Commercial District to C-2 Neighborhood Shopping Center
District. Seconded by Sprank. Motion carried 7-0.
PUBLIC INPUT
Jordan Pape of Tucker Freight Lines, 1080 E. 12th St.; Matt
Spahn of Dubuque Stamping, 32nd and Jackson St.; Joe Kirk of
Prairie Farms; and Mike Igo of Klauer Manufacturing, 1185
Rosemont St., all respectively spoke regarding Action Item No.
5., expressing support for the updated ordinance and
requesting to be involved in future discussions on traffic
flows on Central Ave. and other key areas of truck travel
within the city.
ACTION ITEMS
1. Update: 3000 Jackson Street, H&W Building: Motion by
Jones to receive and file the documents. Seconded by Resnick.
Assistant Housing and Community Development Director Michael
Belmont provided an update on the recent status of the
building, stating that a design of certain areas of the
building to verify its stabilization is pending from McClure
Engineering. Mr. Belmont also read an email from McClure
Engineering that he received on December 4th. The email
summarized recent work on the building, including selective
demolition to remove unstable portions of the exterior,
installation of temporary supports, and the various bracings
being utilized as part of stabilization. Steve Emerson, owner
of the building, spoke virtually about recent updates to the
building stabilization and stated that April 10th is the
targeted deadline for work completion, as that is the deadline
for the state funding he is seeking for the project. City
Council Members expressed frustration on the progress of the
building, stating that they receive consistent public input on
the negative impacts of the street closures resulting from the
stabilization efforts. Responding to a question from the City
Council, Housing and Community Development Director Alexis
Steger stated that the engineering firms availability and
capacity are factors that may delay completion of the
stabilization. Mr. Belmont stated that the complexity, age,
and size of the building leads to challenges and delays in
analyzing next steps. Motion carried 7-0.
2. Housing Commission Research and Recommendation: Motion by
Roussell 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 Farber.
City Council Members acknowledged that the proposed ordinance
change would require landlords who accept Housing Choice
Vouchers (HCV) to resign from the commission to abide by US
Department of Housing and Urban Development (HUD)
requirements. City Council Members thanked those members for
their service on the commission and stated that while the city
strives to have diversity of professional experience on
commissions, that compliance with HUD requirements must occur.
Motion carried 7-0.
Motion by Roussell for final consideration and passage of
Ordinance No. 54-23 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. Seconded by Farber. Motion carried 7-0.
3. Childcare Business Champion Pledge: Motion by Resnick to
receive and file the documents and approve pledging $25,000
toward a childcare wage enhancement effort. Seconded by
Sprank. City Council Members congratulated Dubuque Initiatives
on their creativity with the pledge and emphasized that access
to quality childcare and living wages for childcare workers
are important community needs. Motion carried 7-0.
4. Central Avenue & White Street Corridor Traffic Study:
Request to Distribute RFP and Create an RFQ Review Committee -
CIP 55-24000038: Motion by Jones to receive and file the
documents and approve distribute a Request for Proposals (RFP)
for professional consultant services to study the feasibility
of Central Avenue and White Street from its existing one-way
pair to all alternatives for these corridors, including a
two-way conversion, from 4th Street to 22nd Street. Seconded
by Sprank. City Manager Van Milligen stated his intent to
invite a property owner from the impacted area, a small
proprietor from the impacted area, and a trucking
representative to serve on the committee. City Council Members
expressed support for committee representation from the
business and trucking industries and commented on the
potential for the area. Motion carried 7-0.
5. Central Avenue / White Street Truck Route Amend
Commercial Motor Vehicles Ordinance: Motion by Farber to
receive and file the documents and table the item to December
18, 2023. Seconded by Sprank. Point of Information by Resnick
on whether the justification for the motion could be stated.
City Attorney Brumwell stated that a brief explanation could
be provided on the rationale for selecting December 18th as
the date for tabling the item. Mayor Pro Tem Wethal stated
that additional time was needed to discuss the proposed
ordinance amendment before a vote occurs. Motion carried 6-1
with Jones voting nay.
6. Work Session Request: Officer Involved Shooting
Procedures: Motion by Jones to receive and file the documents
and schedule the work session for February 19, 2024, at 5:30
p.m. Seconded by Roussell. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Jones reported on recent meetings of the
Dubuque Metropolitan Area Solid Waste Agency Board, of which
he and Council Member Resnick are board members, that have
involved discussions on the planned expansion of the citys
food waste collection program.
Council Member Resnick reported on the recent Legislative
Dinner.
Council Member Sprank reported on recent events in the
Central Avenue Corridor and Millwork District.
Mayor Cavanagh reported on his recent attendance at the
United Nations Climate Change Conference (COP28) with
Sustainability Director Gina Bell.
Mayor Pro Tern Wetbal reported on the Dubuque Symphonys
recent performance and the Grand Opera Houses upcoming
performances of The Nutcracker Ballet. Mayor Pro Tern Wethal
also stated the importance of remembering those who need
assistance in the community during the holiday season.
CLOSED SESSION
Motion by Jones to convene in closed session at 7;45 p.m. to
discuss Pending Litigation and Purchase or Sale of Real Estate
Chapter 21.5(1)*,0) Code of Iowa. Seconded by Resnick. Mayor
Pro Tern Wethal 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 9:00 p.m.
stating that staff had been given proper direction.
ADJOURNMENT
There being no further business, Mayor Pro Tem Wethal
declared the meeting adjourned at 9:00 p.m.
/s/Adrienne N. Breitfelder, CMC
City Clerk
It 12/13