9 16 24 City Clerk's NotesCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 5:30 p.m. on September 16, 2024, in
the second -floor Council Chambers of the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Cavanagh; Council Members Farber, Jor es, Resnick, Roussell, Sprank,
Wethal. ity Manage/ Van Milligen, City Attorney Bi umwell.
Absent:
Mayor Cavanagh read the call and stated this is a special session of the City Council called
for the purpose of conducting a closed session pursuant to Iowa Code Chapter 21.5 and a
work session on the new City Council agenda management software.
CLOSED SESSION
Confidential Records — Chapter 21.5(1)(a) Code of Iowa
Motion for closed session @ -�i p.m.
Mayor Cavanagh stated for the record that the attor ey who will consult with City Council on
the issues to be discussed in the closed session is CJ .
Yays
Nays
Sprank
J
4��Wethal
Farber
JResnick
Roussel!
J
Cavanagh
Jones
Reconvene in open session @ b ;0,5 _ p.m.
WORK SESSION
New City Council Agenda Management Software Demonstration
City staff will demonstrate the public portal for CivicPlus's Agenda and Meeting
Management Select software, which the City will implement for City Council meeting agendas
beginning with the October 7, 2024, City Council meeting.
There being no further business, Mayor Cavanagh declared the meeting adjourned at
1
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on September 16, 2024, in
the second -floor Council 9hambers of the Historic Federal Building, 350 W. 6th Street.
Pre ent: Mayor Cav nagh; Council Members Farber, Jones, Resnick, Roussell, Sprank,
Weth ; City Manager an Milligen, City Attoiey Brumwell.
Absent:
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
ACTION ITEMS
1. National Police Woman Day Photo
City Manager sharing a photo of the women of the Dubuque Police Department in honor of
National Police Woman Day on September 12.
Suggested Disposition: Receive and File
Yays
Nays
;i
Sprank
•,�
Wethal
J
Farber
i
Resnick
iI
Roussel)
JCavanagh
Jones
2
CONSENT ITEMS
Yays
Nays
,i
Sprank
Wethal
://
Farber
, I
Resnick
,J
RousseII
lCavanagh
Jones
1. Minutes and Reports Submitted
Airport Commission of June 6 and August 13, 2024; City Council Proceedings of August 14,
19, 20, 21, 26 and September 3, 2024; Civil Service Commission of August 22, 2024;
Community Development Advisory Commission of July 17, 2024; Equity and Human Rights
Commission of July 9, 2024; Library Board of Trustees of January 25, February 29, March 28,
2024; Zoning Advisory Commission of August 7, 2024; Proof of Publication for City Council
Proceedings of August 14, 2024.
Suggested Disposition: Receive and File
2. Notice of Claims and Suits
Abby Stickley for vehicle damage.
Suggested Disposition: Receive and File; Refer to City Attorney
3. Disposition of Claims
City Attorney advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Abby Stickley for
vehicle damage.
Suggested Disposition: Receive and File; Concur
4. Approval of City Expenditures
City Manager recommending City Council approval for payment of City expenditures.
RESOLUTION 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)
5. FFY 2025 Iowa Governor's Traffic Safety Bureau (GTSB) Grant Funds
City Manager recommending City Council approval to receive $19,500 in FFY 2025 as a
recipient of Iowa Department of Public Safety, Governor's Traffic Safety Bureau Grant funds.
Suggested Disposition: Receive and File; Approve
6. Resolution Approving the Termination Agreement for the January 2023 Development
Agreement by and between the City of Dubuque, Iowa and McCoy Group
City Manager recommending City Council approval of the attached Resolution approving a
Termination Agreement by and between the City of Dubuque, Iowa and McCoy Group, Inc. for
a Development Agreement dated for reference purposes the 3rd day of January 2023 for the
construction of a corporate headquarters on Southpark Court.
RESOLUTION Approving the Termination Agreement and Release terminating the
Development Agreement by and between the City of Dubuque, Iowa and McCoy Group, Inc.
Suggested Disposition: Receive and File; Adopt Resolution(s)
3
Yays
Nays
Sprank
Wethal
Farber
Resnick
Roussel)
Cavanagh
Jones
7. HHH Enterprises, LLC Lease Renewal
City Manager recommending City Council approval of the attached agreement between
HHH Enterprises, LLC (operator of 164 and 180 Main Street, d/b/a "The Busted Lift") and City
of Dubuque.
RESOLUTION Intent to dispose of an interest in real property owned by the City of
Dubuque by Lease between the City of Dubuque and HHH Enterprises, LLC.
Suggested Disposition: Receive and File; Adopt Resolution(s)
8. Acceptance of a Grant of Easement for Public Utilities over CCI5, LLC Property at 1502
Bies Drive, Dubuque, Iowa
City Manager recommending City Council accept the Grant of Easement for Public Utilities
from CCI5, LLC across part of Lot 1 of Roger F. & Kathleen A. Klauer Family Place, in the City
of Dubuque, Iowa, common address 1502 Bies Drive, in Dubuque, Iowa, as shown on the
attached Grant of Easement document to facilitate the future maintenance and repair of the
existing City electrical utility line.
RESOLUTION Accepting a Grant of Easement for Public Utilities Through, Over and Across
Part of Lot 1 of Roger F. & Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
9. Acceptance of a Grant of Easement for Public Utilities over Schreiber Property at 1562
Kebbie Drive, Dubuque, Iowa
City Manager recommending City Council approve a Grant of Easement for Public Utilities
across James
E. and Renee E. Schreiber property being part of Lot 2 of Schreiber Subdivision, in the City
of Dubuque, Iowa, common address 1562 Kebbie Drive, in Dubuque, Iowa, as shown on the
attached Grant of Easement document to facilitate the future maintenance and repair of the
existing City electrical utility line.
RESOLUTION Accepting a Grant of Easement for Public Utilities through, over and across
Part of Lot 2 of Schreiber Subdivision, in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
10. U.S. Hwy 20 and Devon Drive Frontage Road Project - Acceptance of Public
Improvement Construction Contract - Project No. 5521000051
City Manager recommending City Council adopt the attached resolution to accept the Public
Improvement Construction Contract and to authorize the payment of the contract amount of
$15,112.20 to Midwest Concrete, Inc. for the U.S. Hwy 20 and Devon Drive Frontage Road
Project.
RESOLUTION Accepting the U.S. Hwy 20 and Devon Drive Frontage Road Project and
authorizing final payment to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
4
Yays
Nays
Sprank
Wethal
Farber
Resnick
Roussel)
Cavanagh
Jones
11. Iowa Department of Transportation Storm Sewer and Intake Work Project Notification
Correspondence from Jesse Tibodeau, Assistant District Engineer with the Iowa
Department of Transportation, notifying the City Council of storm sewer and intake work on
US-20 East bound near the Middle Catfish Creek and Railroad Bridge.
Suggested Disposition: Receive and File
12.Authorization to Submit FY24/PY23 Community Development Block Grant CAPER
City Manager recommending City Council approval of a resolution authorizing submission
to HUD of the Consolidated Annual Performance and Evaluation Report (CAPER) for the
period of July 1, 2023, through June 30, 2024.
RESOLUTION Authorizing the submission of a Consolidated Annual Performance and
Evaluation Report (CAPER) for the period commencing July 1, 2023 and concluding June 30,
2024
Suggested Disposition: Receive and File; Adopt Resolution(s)
13. Intent to Apply for Local Housing Trust Fund Grant 2025
City Attorney recommending City Council approval to apply for Local Housing Trust Fund
Grant dollars in the amount of $250,334.00 from the Iowa Finance Authority for calendar year
2025.
RESOLUTION Authorizing submittal of the application for Local Housing Trust Funds to the
Iowa Finance Authority
Suggested Disposition: Receive and File; Adopt Resolution(s)
14. Nature Everywhere Accelerator Community Application
City Manager sharing the application that was filed for the Nature Everywhere Accelerator
Community after City Council approved the letter of support and appointment of a city
representative at the September 3, 2024, City Council meeting.
Suggested Disposition: Receive and File
15. Acceptance of the Comiskey Park — Phase 1 Redevelopment Project
City Manager recommending City Council acceptance and adoption of the resolution for
Comiskey Park- Phase 1 Redevelopment Project.
RESOLUTION Accepting Public Improvement Contract for the Comiskey Park — Phase 1
Redevelopment Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
16. Improvement Contracts / Performance, Payment, and Maintenance Bonds
Top Grade Excavating, Inc. for the E 24th Street Sit Contaminated Soil Removal Project.
Suggested Disposition: Receive and File; Approve
5
Yays
Nays
Sprank
Wethal
Farber
Resnick
Roussel)
Cavanagh
Jones
17.Temporary Agreement Between the City of Dubuque and ITC Midwest, LLC to Operate
an Electric Transmission System in the City of Dubuque
Senior Counsel recommending City Council adopt the attached resolution approving the
temporary Agreement authorizing ITC Midwest, LLC to operate an electric transmission
system in the City of Dubuque until the franchise agreement takes effect but no later than
December 31, 2024.
RESOLUTION Approving an agreement between the City of Dubuque and ITC Midwest,
LLC to operate an electric transmission system in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution(s)
18.Approval of Retail Alcohol Licenses
City Manager recommending City Council approval of retail alcohol licenses as submitted.
RESOLUTION Approving applications for retail alcohol licenses, as required by City of
Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor
Control, Article B Liquor, Beer and Wine Licenses and Permits
Suggested Disposition: Receive and File; Adopt Resolution(s)
6
ITEMS SET FOR PUBLIC HEARING
1. Iowa Amphitheater on Schmitt Island Project - Bid Package No. 1 (Site Demolition &
Mass Grading) - Initiate Public Bidding Process and Setting Date for Public Hearing
City Manager recommending City Council authorize initiating the public bidding process and
set a public hearing on October 7, 2024, and to approve the plans, specifications, form of
contract and estimated cost of $1,018,000.00 for the Iowa Amphitheater on Schmitt Island
Project — Bid Package No, 1 through the adoption of the attached resolution.
RESOLUTION Iowa Amphitheater on Schmitt Island Project — Bid Package No. 1 (Site
Demolition & Mass Grading): preliminary approval of plans, specifications, form of contract,
and estimated cost; setting date of public hearing on plans, specifications, form of contract,
and estimated cost; and ordering the advertisement for bids
Suggested Disposition:
Receive and File; Adopt Resolution(s), Set Public Hearing for October 7, 2024
2. Proceedings to Set Public Hearing for the Issuance of Not to Exceed $22,000,000
Sewer Revenue Capital Loan Notes (State Revolving Loan Fund Program) Old Mill Rd.
Lift Station and Force Main Project — Phase I
City Manager recommending that a public hearing be set for October 7, 2024, on the
issuance of a not to exceed $22,000,000 Sewer Revenue Capital Loan Notes, State Revolving
Loan Fund Program, the proceeds of which will be used to fund the Old Mill Road Lift Station
and Force Main Project.
RESOLUTION To fix a date for a public hearing on proposal to enter into a Sewer Revenue
Loan and Disbursement Agreement and to borrow money thereunder in a principal amount not
to exceed $22,000,000
Suggested Disposition:
Receive and File; Adopt Resolution(s), Set Public Hearing for October 7, 2024
3. Resolution of Necessity for the Proposed Amended and Restated Urban Renewal Plan
for the North Cascade Road Housing Urban Renewal Area, Version 2024.1
City Manager recommending City Council adopt a resolution that: 1) finds that an Amended
and Restated Urban Renewal Plan ("Plan") for the North Cascade Road Housing Urban
Renewal Area ("Area") is both necessary and appropriate; and 2) sets a public hearing on the
proposed Plan for October 21, 2024.
RESOLUTION Of necessity finding that certain property in and near the North Cascade
Road Urban Renewal Area is an Economic Development Area and that the development of
said area is necessary in the intertest of the residents of the City of Dubuque, Iowa, and
setting a date for a hearing on a proposed amended and restated urban renewal plan for said
area
Suggested Disposition:
Receive and File; Adopt Resolution(s), Set Public Hearing for October 21, 2024
7
Yay,
Nays
Sprank
I/ 2
Wethal
,1
Farber
Resnick
RousselI
1
Cavanagh
Jones
8
BOARDS/COMMISSIONS
Boards and Commission Application Review
Applicants are invited to address the City Council regarding their desire to serve on the
following Boards/Commissions. Applicant appointments will be made at the next City Council
meeting.
Civic Center Advisory Commission
One, 3-Year term through June 29, 2027 (Expired term of Jacobs)
Applicant:
Danielle Jacobs, 3130 Shiras Ave.
Community Development Advisory Commission
One, 3-Year term through February 15, 2026 (Vacant At -Large term of Mozena)
One, 3-Year term through February 15, 2027 (Vacant Low to Moderate Income
Representative
term of Woodyard)
Applicants:
Gabriel Mozena, 196 Bluff St. (Qualifies for Low to Moderate Income Representative and
At -Large)
Julie Woodyard, 1950 Coates St. (Qualities for At -Large)
9
PUBLIC HEARINGS
1. Request to Rezone 27 Locust Street
Proof of publication on notice of public hearing to consider a request from Josh Jansen to
rezone 27 Locust Street from C-3 General Commercial to C-4 Downtown Commercial, and
Zoning Advisory Commission recommending approval.
ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, by reclassifying hereinafter described property located at 27 Locust Street
(PIN 1025426011 and 1025426022) from C-3 General Commercial District to C-4 Downtown
Commercial District
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
s
Nays
Sprank
7Ya
, R
Wethal
Farber
J
Resnick
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Roussell
Cavanagh
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Jones
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Final Reading and Adopt
Yays
Nays
Sprank
d
Wethal
,�
Farber
,,
Resnick
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Roussell
iCavanagh
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Jones
10
2. Request to Rezone 1090 Radford Road
Proof of publication on notice of public hearing to consider a request from Luke Hoffmann -
Kellhoff Properties, LLC, to rezone a portion of 1090 Radford Road from CS Commercial
Service and Wholesale to R-3 Moderate Density Multi -Family Residential, and Zoning
Advisory Commission recommending approval.
ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, by reclassifying hereinafter described property located at 1090 Radford
Road (per exhibit a) from CS Commercial Service District to R-3 Moderate Density Multi -
Family Residential District
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Yays
Nays
,24
Sprank
J
Wethal
Farber
Resnick
.4I I
Roussel!
ii
Cavanagh
J
Jones
Final Reading and Adopt
Yays
Nays
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Sprank
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Wethal
.1
Farber
J
Resnick
J I
Roussel!
,J
Cavanagh
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Jones
11
3. Request to Rezone 1142 University Avenue
Proof of publication on notice of public hearing to consider a request from Craig Nesteby to
rezone 1142 University Avenue from C-2 Neighborhood Shopping Center to R-2 Two -Family
Residential zoning district, and Zoning Advisory Commission recommending approval.
ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, by reclassifying hereinafter described property located at 1142 University
Avenue from C-2 Neighborhood Shopping Center District to R 2 Two -Family Residential
District
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Yays
Nays
Sprank
Wethal
,� ?A
Farber
,/
Resnick
Roussell
ICavanagh
.
Jones
Final Reading and Adopt
Yays
Nays
/
Sprank
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Farber
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Cavanagh
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12
4. Proposed Development Agreement between the City of Dubuque, Iowa and Kinseth
Hospitality Company, Inc.
Proof of publication on notice of public hearing to consider City Council approval of the
proposed Development Agreement between the City of Dubuque, Iowa and Kinseth Hospitality
Company, Inc., and City Manager recommending approval.
RESOLUTION Approving disposal of an interest in real property owned by the City of
Dubuque by sale through a Development Agreement with Kinseth Hospitality Company, Inc.
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yayy
Nays
.-Ji
Sprank
Wethal
Farber
Resnick
Roussel)
Cavanagh
Jones
13
5. Community Development Block Grant FY24 Annual Action Plan Amendment #1 Public
Hearing
Proof of publication on notice of public hearing to consider City Council approve the
FY2025 Annual Action Plan Amendment #1, and City Manager recommending approval.
RESOLUTION Adopting the Fiscal Year 2025 (Program Year 2024) Community
Development Block Grant (CDBG) Annual Action Plan Amendment #1
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yay,s
Nays
J
Sprank
j
a
Wethal
Farber
Resnick
1
RousselI
jCavanagh
Jones
14
7. Public Hearing - State Revolving Fund (SRF) Loan - Environmental Review Bipartisan
Infrastructure Law State Revolving Fund (SRF) Private Lead Service Line Replacement
Pilot Program
Proof of publication on notice of public hearing to consider City Council approve the
resolution authorizing the mayor to sign the revised Environmental Information Document
(EID) for the Bipartisan Infrastructure Law State Revolving Fund (SRF) Private Lead Service
Line Replacement Pilot Program and direct staff to submit the required documentation to the
SRF Environmental Review Specialist, and City Manager recommending approval.
RESOLUTION State Revolving Fund (SRF) Loan - Environmental Review Private Lead
Service Line Replacement Pilot Program: Approval of an Environmental Review as provided
by SRF's Department of Natural Resources for the Private Lead Service Line Replacement
Pilot Program
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yayp
Nays
Sprank
Wethal
Farber
Resnick
Roussel)
i
Cavanagh
j
Jones
16
8. Water Department Operations SCADA System Upgrade Project - Public Hearing
Proof of publication on notice of public hearing to consider City Council adopt the resolution
approving the plans, specifications, form of contract, and estimated cost for the Water
Department Operations SCADA System Upgrade Project in the amount of $1,850,000, and
City Manager recommending approval.
RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the
Water Department Operations SCADA System Upgrade Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yay
Nays
Sprank
Wethal
J
Farber
a
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Cavanagh
Jones
17
PUBLIC INPUT
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ACTION ITEMS
2. Keymont Drive Pavement Rehabilitation Project - Award Public Improvement Contract
- Project No. 5521000018
City Manager recommending City Council award the public improvement construction
contract for the Keymont Drive Pavement Rehabilitation Project through the adoption of the
enclosed resolution to Eastern Iowa Excavating & Concrete, LLC in the amount of
$142,733.36.
RESOLUTION Awarding Public Improvement Contract for the Keymont Drive Pavement
Rehabilitation Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
YaypNays
j.
Sprank
Wethal
I
Farber
J
Resnick
JRoussell
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19
COUNCIL MEMBER REPORTS
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Motion for closed session @ Li 7 p.m.
Mayor Cavanagh stated for the record that the attorne' who will consult with City Council on
the issues to be discussed in the closed session is CO sL
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