Proof_City Council Proceedings_Amended 04.15.24 Copyrighted
May 20, 2024
City of Dubuque Consent Items # 01.
City Council Meeting
ITEM TITLE: Minutes and Reports Submitted
SUM MARY: Airport Commission of March 26, 2024; Arts & Cultural Affairs of March
26, 2024; City Council Proceedings of May 6 and 13, 2024; Civil Service
Commission of April 10, 2024; Community Development Advisory
Commission of March 20, 2024; Zoning Advisory Commission
Unapproved Minutes of May 1, 2024; Proof of Publication for City
Council Amended Proceedings of April 15 and 22, 2024; Proof of
Publication for City Council Amended Proceedings of April 4 and 15,
2024.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
Airport Commission Minutes Supporting Documentation
Community Development Advisory Commission Minutes Supporting Documentation
Proof of Publication for City Council Proceedings of Supporting Documentation
4/15/24
Proof of Publication for City Council Proceedings of Supporting Documentation
4/22/24
Proof of Publication for City Council Amended Supporting Documentation
Proceedings 4.4.24
Proof of Publication for City Council Amended Supporting Documentation
Proceedings 4.15.24
Civil Service Commission Minutes Supporting Documentation
Zoning Advisory Commission Unapproved Minutes Supporting Documentation
Arts & Cultural Affairs Minutes Supporting Documentation
City Council Proceedings 5/6/24 Supporting Documentation
City Council Proceedings 5/13/24 Supporting Documentation
STATE OF I�WA SS:
DUBUQUE C4UNTY
CERTIF�CA'CE OF PUBLICATIOt�'
I, Kathy Goetzinger, a Billing Clerk far Woodward
Communi�ations, Inc., an Iowa corporation, �ublisher
of the Telegraph Herald, a newspa�e�� of general
circulation published in the City of Dubuque, County
of Dubugue and 5tate of Ia��va; heE�eby certify that tl�e
attached notice was published in said newspaper on the
foliowing dates:
05/�I/2024
and for which the charge is 344.45
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Subscribed to before me, a I�otary Ptibli�En and for
Dubuqite County, Iowa,
this 1 st day ot'May, 2024
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Notaiy P b c �n and for Dtibuque Counry, Iowa.
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CITY OF DUBUQUE, IOWA
AMENDED CITY COUNCIL PROCEBDINGS
REGULAR SESSION
THE FOLLOWING PROCEEDINGS HAVE$EEN AMENDED TO CORRECT THE
ORDINANCE NUMBERING.
The Dubuque City Counci� met in regtilar session at 6:30 p.m.
on April 15, 2024, in the second-floot' Cot►ncil Chambers of the
Histaa�ic Federal Building, 350 W. 6th Street.
Present: Mayor Cavana�h; Council Members Farber, 7ones,
Resnick (participated virtualiy; a�'rived at 6:49 p.m.},
Roussel6, Sp��ank, Wethal; City Manager Van Milligen, City
Attorney Brumwell.
Mayor Ca�anagh read the call and stated this is a regular
session of the City Council called for tl�e purpose of
conducting such business that ma}� p�-opet']y come before the
City Council.
PLEDGE OF ALLEGIANCE
PRESENTATION{S}
1. Permanent Fart-Time Team Member of the Year Recognition:
Recreation Division Manager Dan Kroger introduced Iowa Parks
and Recreation Association Representative Geoff Hubhard. Mr.
Hubbaed virtually recognized Susan Stopplemoor, a part-time
employee in the City of Dubuque Leisure Services Department,
fot' R'eceivang the Iowa Parks and Recreation Associatians
Permanent Part-Time Team Meniber of the Year Award.
PROCLAMATION(S)
1. Arbot� Day (April 2b, 2024) was accepted by Steve Pregler
on behalf of D�ibuque Trees Fore�er.
CONSENT ITEMS
Mayor Cavanagh requested Item No. 11 be held tbr separate
discussian. Council Member Roussell reyuested Iten� No. 13 be
held for separate discussion and announced she would abstain
from voting on the item due to her• board service with Dubuque
Trees Forever. Mation by Farber to receive and file the
documents and adopt the resoltitions except for Item Nos. 11
and 13. Point ot�Order by Cavanagh that the suggested
disposition for some consent items includes to dispose o#�as
indicated. Motion amended hy Farber to include dispose of as
indicated. Seconded by Spranlc. Motion ca��ried (-0 with Resnick
absent.
1. Mintites and Aeports Submitted: Airport Commission of
Februaiy 27, 2024; City Cauncil Proceedings of March 25, 26,
27, Z8 and ApE�il l, 2, and 4 202�; Community Development
Ad�iso�y Commission of January 17, 2024; �quity and Human
Rights Con�mission af Maa'ch 12, 2024; Aesilient Community
Advisory Commission of January 1 I, 2024; Zoning Advisory
Commission Draft Minutes of April 3, 2024. Upon n�otion the
documents were ��ecei�ed and filed.
2. Notice of Claims and Suits: Cummer Masonry Inc. for
vehicle damage; Progressive Northern Ynsua�ance Company A/S/O
7ol�n Klauer for vehicle dama�e; Cassidy Loffa for vehicle
damage. Upon mation the documents were received, filed, and
r�f�rred to the City Attorney.
3. Disposition of C[aims: Ciry Attorney advised that tEle
following claims have been referred to Public Entiry Risk
Services of Iowa, the agen# for the Iowa Con�munities Assurance
Pool: Cummer Masonry for vehicte damage. Upon motian tlle
documents were received, filed, and conct►rred.
4. Appro�a] of City Expe►lditures: ilpon motion tl�e documents
were received and filed, and Resolutios� No. 81-24 Authorizing
the Chief Financial Officer/City Treasurer to make certain
payments of bills [hat must be paid and approved 1�or payment
in accordance with Ciry procedures was adopted.
5. Letter of 3upport for Canad'sa�� and Iowa Northern Railway
IntegraCion: City Mana�ea�pi•ovided a copy of a lettes� of
support on behalf of the City of Dubuque in support of the
Canadian and Iowa Nortl�er�n Railway inte�ration. U�on motion
the clocu�nents wet'e received, �iled, and approved.
6. Pledge Agreement for an Iowa Partners for Conservation
Grant: Upon motion the documents were received and �iled, and
Resalutiou No. 82-24 Pledging Support and up ta $25,000
In-Kind Local Matching Funds for the Dubuque Soil & Water
Conservation Districts Application for a $$?5,000 U.S.
Depar[ment at�Agriculture iVatural Resource Conservation
Service Iowa Partners ior Conservation Grant was adopted.
7. City Clet'k's Oftice Promotion of Civic En�age�t�ent at the
Multict�ltura] Family Center's'I'een Career Pair: Upon motion
the documents were received and tlled.
8. Recommended Sculptures fo�� 2Q24-25 Art on the River
Rotating Pul�lic Art Exllibition: Upon motion the documents were
received, �iled, and appro�ed.
9. alltogetherdubuque.com Website Produced Through the Iowa
Department of Cultural Affairs Iowa Arts & Culture Marketing
Gr•ant: Upon motion the documents were received and filed.
1Q. Updated Version of Creating Hausing Opportunities
Brochure: Upon motion the docunlents were received and fiied.
11. 3000 Jackson D�ibL�que Brewing and Maltia�g Building
Update: Mation by Spi-ank ta recei�e and file the documents.
Seconded by Wethal. Assistant Housing & Community Development
Director Micheal Belmont pro�ic3ed the cw�rent demolition
s�hedule. City Cot«tcil Men�bers emphasized the need for the
demolition to occu3-on schedule. Motion carried 6-0 with
Council Member Resnick absent.
12. Bloomberg Youth C[imate Action Grant Awa��d: Upon motion
the documents were received, �led, and approved.
13. Sustainable Diibuque Grant Reco�z�mendation: Motion by
Jones to receive ancl file the documents and adopt Resol�ttion
No. $3-2� Awarding Sustainable Dubuqt�e Grant to the Boys and
Girl Cluh of Greater Dubuque; Resolution No. 84-24 Awardi��g
Sustainable Dubuque Grant to lessica Paisley; Resolution No.
85-24 Awarding Sustainable Dubuque Grant to Mississippi River
Revival, DBQ, Inc.; Resolution No. 8b-24 Awarding Sustainable
Dubuque Ga�ant to the Oak View Grou�; Resolution No. 87-24
Awardin� Sustainabie Dubuque Grant ta ReEvolution Farms;
Aesolution No. 88-24 Awaa'din� Sustainabfe Dubuque Grant to St.
Mai'ks Youth Enrichmenr, and Resolution No. $9-24 Awai'ding
Sustainable Dubuque Grant to Dubuqtie T3�ees Forever. Seconded
by Farber. Cauncil Member Resnick virtually joined the meeting
durin� Ehe vote. Motion carried 6-0 with Roussell abstained.
14. Cities Forward Initiative Charter of Cooperation with
Heemosillo, Mexico: Upon snotion the documents were received,
filed, and approved.
15. Approve Jeffris Foundation Grant Appiication Submission
and Authorize City ManaQer to Exec�ite Grant Agreement and
Contract for a Historic Structure Report for Ea�le Point Pa�'k:
Upon motian the docuinents were received and tiled, and
Resolutian No. 9Q-24 Authorizing the City Manager to execute
an application for ]effris Foundation Jeffc�is Heartland Fund
Grant and autharizing thc Leisure Services Director and the
City Managee to approve the application was adopted.
1 b. Fleet Fueling System Design of Replacement Request to
Release Request For P3-oposaEs: Upon motion the documents were
received, fled, and approved.
17. Fleet Maintenance Operations Assessment Request to
Release Request for Proposals: Upon motEon the documents were
received, filed, and approved.
18. Disaster Debris Removal Services: Upon motion the
documents were received, liled, and approved.
19. Iowa Land Recycling Program Environmental Covenant: Upan
motion the documents were received and filed, and Resolution
No. 41-24 Approving an Iowa I.and Recycling Pa•ogrant
Environmental Covenant on prop�rty in the North Part of the
Port of Dubuque in the Ciry of Dt�l�uqt�e, Io�va was adopted.
20. Approving a First Amendment to a Devefopment Agreement
by and between the City o�Dubuque and Switch Homes, LLC: L1pon
motion the docuinents were i•eceived and filed, and Resolution
No. 92-24 Approving the First Amendment to Development
Agreei�ent by and Between the City of Dubuque, Iowa and Switch
Homes, LLC was adapted.
21. Plat of Survey of Splenciid Va[tey Estates: Upon motion
the documents were received and filed, and Resalution No.
93-24 Approving the Final �lat of Splendid Va[ley �states,
DubuquE County, Iowa was adopted.
22. SiRned Contract(s): Bolton & Menk, Inc. for the Central
Avenuerand Wh�te Street Corridor Traffic Study; J&R Supply,
Inc. for the Ring & Lids - Metal Supply. Upon nlotion tlte
documents were received and tiled.
23. Iowa Department of Transportation HMA Resurfacing and
PCC Patchin� Projects Notifications: Correspondence from Jesse
'I'ibodeau, Assistant District Engineer for the Iowa Depaz'tment
of Transportatio�l, providing no[ification oF HMA resurfacing
and PCC patching projects within the city. Upon motion the
docun-�ents were received and �iled.
24. Civi! Service Can�n�ission Ce��tiiied List - Police
Ofticer: Upon motion the docurrients were rec�ived, �led, and
made a matter of record.
25. Approval of Retail Alcohol Licenses: Upon motion the
docun�ents were received and filed, and Resolution No. 94-24
App��ovin� applications for retail alcohol licenses, as
required by City of Dubuque Code of Ordinances Titie 4
$usiness and License Regulations, Chapter 2 Liquor Control,
Article B Liquor, $eer and Wine Licenses and Psrmits was
adopted.
IT�MS SET FOR PUBLIC HEARING
Motion by Roussell to receive and �le the documents, adopt
the resolutions, and set the public hearings as indicated.
Seconded by WethaL Motion carried 7-0.
1. Resolution Setting a Public Hearing on a Pa�oposed
Developrrtent Ageeeme�it by and a�none the City of Dubuqaie, Towa,
Woodwa��d Cammunications, Inc., and WHKS & CO., Inc. Providin�
for the Issuance of ilrban Renewal Tax Increment Revenue Grant
Obligations Purst►ant to the Development Agreement: Upon motion
the documents were received and filed and Resolution No. 95-24
Fixing the date for a Public Heari��g of the City Council af
the City of Dubuque, Iowa on the Proposed Develo�ment
Agreement by and amang the City of Dttbuque, Iowa, Woodward
CommunicaCions, Inc., and WHKS & Co., Inc., includin� khe
proposed isst�ance of Urban Renewal Tax Increment Re�enue Grant
061i�ations to Woodward Communications, Inc., and providin�
for the publication af notice thereof was adopted setting a
public hearing for a EZZeeting to commence at 6:3U p.m. on May
6, 20Z4 in the Historic Federal $uilding.
2. Set Public Hearin� for Dispositio�z of City-�wned Lot at
627 Rllomberg Avernie: Upon nlation the docusnents were recei�ed
and filed and Resolution No. 96-2� Inte��i to dispose ol'an
interest is� City of Dubuque real estate to Karl Williams,
setti�z� a time and place for hearing, and pro�iding for the
publieation of�zotice d�ereof was atlopted setting � �ublic
hearing for a n-�eeting to conlmenee at 6:30 p.m. on May G, 202�
in Ehe Historic Federa] Building.
PUBLIC HEARINGS
1. Request to Rezone ?529 Marywood Drive: Motion by Janes to
receive and file the documents and that the requiremeut tliac a
proposed ordinance be considered and voted on foc� passage at
two Council meetings prior to the meeting a[which it is to be
passed be suspended. Seconded by Wethal. Planning Services
Director Wally Wernimont provided a stai'f report. Dakota
Schillin�, 12346 Swiss Valley Rd., introdtsced �►imself as the
applicant and Sheri Kubly, b79 Bluff St., introdured herself
as the propertys realtor and sumn3arized the inspections that
have occurred on the property. Responding to a question fi•om
the Ciry Council, Mr. Wernimont stated that a conditional use
permit for an accessory dwell�ng is the mare expensive option
For achievin� tlie applicants goals, hence why the applicant
requested the rezoning instead. Motion cai'ried 7-0.
Motion by Jones for final consideration and passage of
Ordinance No. $-2� Amend�ng Title ]b af the City af Dubuque
Code of Ordinances, Unitied Developme�tit Code, by recfassifying
hereinafter described property from A-i Single-Family
Residential to R-2 Two-Family Residential. Secanded by FarbeE�.
Motion carried 7-0.
2. Unified Development Cade Atnendment Removin� Off=St►'eet
Parkin� Requires�lents in the 7ackson Parlc and Catltedral
Historic Districts: Motion by Roi�sseil to receive and file the
documents and that the requirement that a proposec� ordinance
bc considered and voted on fos� passaRe at two Counci] meetings
prior to the meeting at which it is to be passed be suspended.
Seconded by Sprank. Planning Services Director Wally Wernimont
provided a staff repa��t. I��otion carried 7-C�.
Motion hy Rousell tor final consideration and passage of
Ordinance No. 9-?4 Amending Title 16 of the City of Dubuque
Cocfe of Ordinances, Unified Developnient Code, by Amendine
Articles 16-5-3-5 (R-I}, 16-5-�-5 (R-2a), 16-5-5-5 (R-3),
]6-5-6-5 (R-4), 1b-5-7-5 (Or), 16-5-$-5 {OS}, 16-5-9-5 (OC,
16-5-10-5 (C-1), 16-5-11-2 (G2), And 16-5-13-5 (C-3} by
Removing the Off-Street Parking Requirement for properties
located wit�tin the 7acKson Park and Cathedral Historic
Districts. Secanded by Spt•ank. Motion carried 7-U.
3. 2024 Maintenance Dredgin� Project No. 1 Pub4ic Hearing:
Motion by 3ones to receive and tile the documents and adopt
Resol�itioi� No. 97-24 Approval of plasls, specifications, form
of contract, and estin�ated cost for the 2024 Maintenance
Dredging Project No. 1. Seconded by Farbea�. Motion carried
7-0.
4. Fiscal Year 2025 Bud�et Adaption: Motion by Farber ta
receive and �le the documents and adopt Resolution No. 9$-24
Adoptian of Budget and Certification of City Taxes; Resalution
No. 99-24 Adoptins� the City of Dt4buque Fiscal Year 2025 Annual
Budget; and Resolution No. I UQ-24 Adopting the Ciry of Dubuque
Five Year Capital Iniproventent Program. Seconded by Wethal.
City Clerk Breitf�elder announced that written inpu[ was
sui�mitted by the following individuals: Robert Bennett, Tb3b
Jackson St.; Annie Flanagan, 335 N Booth St.; Danielle Taylor,
90 Main St.; Frank Belcastro, 2$5 Nar•th Grandview Ave.;
Sllirley A. Healy, 3895 Short S#.; Sandy Hockenberry, 1415 W
3rd St.; Nicf�ollas Zimmerman, 1193 Highland Place; MagDahlia
Zimmerman, 1 193 Highland Place; Larry Zimnterman, 1193 Highland
Place; Marilyn Gorun, 3113 Pasadena Ct, Unit 32; Sue
McTaggart, 1163 Higl�land Place; Evelyn Nadeau, 663 Fenelon
Place; Kalee Kerper, 1717 Kane St.;, Apt. 43; Pau! Schultz,
1040 Carmel Dr.; Briana Moss, 2520 Marywflod Dr.; Veronica
McAvoy, 125 West 9th St.; Doa�othy Schwendinger, 3390 Windsor
Ave.; Kimberly Stedwell, 1860 Hale St.; Heidi Ztill, 1530
Jackson St.; Jeff�rey Robbins, 629 Grove�and Place; Andrea
Bixler, 485 Ar•[ington St.; and 7ohn Klostermann. City Council
Membe�s expressed support far the budget and the proposed rate
increase, citin� cost increases and staf�n� neecfs. Motion
carried 7-0.
ACTION TTEMS
1. Fisca] Year 2025 Planning Services Department Increased
Fees: Motion by 7ones to receive and #ile the documents and
adopt ResoEution No. 101-24 Rescinding Resolution No. 87-23,
Establishing a Schedule of Development Services Fees, and
adopting in lieu thereof a New Schedt�le Of Development
Services Fees as pro�ided in Title 16 of the City Of Dubuque
Code of Qrdinances, Unified Deve3opment Code. Seconded by
WethaL Motion carried 7-U.
2. Establishing Watez• Rates uEtder City of Dubuqae Code of
{Drdinances for Fiscal Ycar 2025: Motion by Jones Eo receive
and tile the docEinlents and that the requiren�ent tha[a
proposed ordinance be considered and voted on for passage at
two Council meetin�s prior to tEte meeting at which it is to be
passed be suspended. Seconded by Wethal. Motian carried 7-0.
Motion by Jones for final consideration ant! passage of
�rdinance No. 10-24 Esta�lishin� City of Dubuque Code of
Oi-dinar�ces Title 13 P�blic Utilities, Chapter I Water Use and
Service, Article C Rates, Section 13-1C-1(A} Fixing Water
Rates for Residential, Carrunercial, Industrial, and all other
uses; and Oi•dinance No. 11-24 Establishing the City of Dubtique
Code of Ordinances '�'itle 13 Public Utilities Chapter 1 Water
Use and Ser•vice, Article C Rates Section 13-1C-2 Fixing Water
Rates for Fire Spr'r�tklei• Service. Seconded by We[hai. Motion
carried 7-0.
3. Establishing Sanitary Sewer Rates und�r City of Dubuque
Code of Ordinances for Fisca[ Year 20?5: Motion by Roussell to
receive and �le the documents and that the requirement that a
pi-oposEd ordinance be considered and voted an for passage at
two Counci] meetings prio�� to tlie mecting at which it is to be
passed be suspended. Seconded by Sprank. Motion carried 7-0.
Motion by Roussell for final consideration and passage of
Qrdinance No. 12-?4 City of'Dub��que Code of Ordinances Title
13 Public Utilities, Chapter 2 Sewers and Sewage Disposal,
Article C Rates, S�ctian 13-2C-3 rates established for Fiscal
Year 2025. �econded by Sprank. Motion carried 7-0.
4. Establishing Solic! Waste Rates and AcEditional Proposed
Revisions under Ciry of Dubuque Code of Ordinances for Fiscal
Year 2Q25; Mation by Rousse7] to receive and tlle the
clocuments and that the requirement that a proposed ordinance
be considered and voted on for passa�e at two Council meetings
pi-ior to the meeting at which it is to be passed be suspended.
Seconded by Wethal. Motion carried 7-0.
Motion by Roussell f'or tinal caEzsideration and passage of
Qrdinance No. 13-24 An�e�7din� City of Dubuque Code of
Ordinances Title ]3 Public Utilities, Chapter 6 Solid W�ste.
Seconded by Wethal. Motion carried 7-0.
5. Establishin� Stormwater Manavement Utility Fee Rates
unde�� City of Dubt�que Code of brdinances for Fiscal Year ?U25:
Motion by Jones to receive and file the docunlents and ti�at the
reqt4ire��lent that a proposed ordinance be considered and voted
on for passa��e at two Counci] nleetings prior to the meeting at
which it is to be passed be suspended. Seconded hy Farber.
Motion carried 7-0.
Motion by ]ones 1or ftna� consideration and passage of
Qrdinan�e No. 14-24 Amending City of Dubuque Code of
Ordinances Section 13-4-5 (D} SFU Rate, Charges; Utility
Revenues. Seconded by Farber. Motion carried 7-0.
6. Fi�e-Year Street Construction Program for Fiscal Years
2025-2029: Motion by Sprank to receive and file the documeiits
and adopt Resolution No. 1d2-24 Adoptin� the Fi�e-Year Street
Construction Program for Fiscal Years 2025 - 2029. Seconded by
Wethal. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Cou�lcil Member Wetha4 reported on the 100th anniversary of
Medical Associates.
Ca�incil Member Jones reported an the Firefighte�-s
Association aunt�al dinner. Mr. Jones aiso reported on
attending a ribbon cutting for a transitional ]iving house for
men established by the Fauntain of Youth Program and Hillc�'est
Family Services.
Cour�cil MembeE� Farber eeported on attenaing the University
of Dubuques annual board meeting anci the one-year a�vliversary
of MedOne.
Council Member Sprank reported on the Multicultural Family
Centers Celebrate Aft�ica and the Diaspora even[.
Mayor Cavanagh reported on presesitin� at aij Iowa Department
or Transportation cosnm�ssion rneeting. Mayar Cavanagh also
reported on two upcoming festivals ira Dubuque: the Growing
Sustainable Commtmities Coraterence and the Julien Dubuque
International Filn� Festiv:�l.
CL05ED SESSION
Motion by ]ones to con�ene in closed session at 8:37 p.m. to
discuss Penc3in�? Liti�ation and Purcl�ase or Sale of Real Estate
Chapter 21.5(1){c),(j) Code of jowa. Seconded by Wethal. Mayo��
Cavanag�l stated for the record that the attorney wha wil]
cons�Elt with the City Council on the issues to be discussed in
the closed session is City Attorney Brumwell. Motion carried
7-0.
The City Cou�lcil reconvened in open session at R:48 p.m.
stating that staff had been given proper direction.
AD70URNMENT
T11ere being no furtl�er 6usiness, Ma}�or Cavanagh declared the
meeting adjouz�ned at 9:4$ p.m.
/s/Adrie�me N. Breitfelder, CMC
City Clerk
lt 5/1