Minutes_City Council Proceedings 09.16.24Copyrighted
October 7, 2024
City of Dubuque CONSENT ITEMS # 1.
City Council
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: Airport Commission of August 27, 2024; Arts and Cultural
Affairs Advisory Commission Minutes of July 23, 2024 and
Report of August 27, 2024; City Council Proceedings of
September 16, 2024; Historic Preservation Commission of
August 15, 2024; Long Range Planning Advisory
Commission of July 17, 2024; Zoning Advisory Commission
of September 4, 2024; Zoning Board of Adjustment of August
22, 2024; Proof of Publication for City Council Proceedings of
August 19, August 20, August 21, August 21, and September
3, 2024.
SUGGUESTED
DISPOSITION:
Receive and File
ATTACHMENTS:
1. Airport Commission Minutes
2. Arts and Cultural Affairs Minutes
3. Arts and Cultural Affairs Report
4. 9 16 24 City Council Minutes
5. Historic Preservation Commission Minutes
6. Long Range Planning Advisory Commission Minutes
7. Zoning Advisory Commission Minutes
8. Minutes ZBA 8-22-24 Approved
9. Proof_City Council Proceedings 8.19.24
10. Proof_City Council Proceedings 8.20.24
11. Proof_City Council Proceedings 8.21.24
12. Proof_City Council Proceedings 8.26.24
13. Proof_City Council Proceedings of 9.3.24
Page 98 of 674
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 5:32 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, 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 closed session pursuant to Iowa Code Chapter 21.5 and a work
session on the new City Council agenda management software.
CLOSED SESSION
Motion by Jones to convene in closed session at 5:34 p.m. to discuss Confidential Records
— Chapter 21.5(1)(a) Code of Iowa. Seconded by Farber. Motion carried 7-0.
The City Council reconvened in open session at 6:05 p.m. stating that staff had been given
proper direction.
WORK SESSION
New City Council Agenda Management Software Demonstration
City Clerk Breitfelder demonstrated 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. Responding to a question from the
City Council, City Attorney Brumwell stated she would confirm the statute regarding draft notes
pertaining to open records requests.
There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:25
p.m.
/s/Adrienne N. Breitfelder, CMC
City Clerk
1
Page 108 of 674
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 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
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: 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. Upon motion the
documents were received and filed.
2. Notice of Claims and Suits: Abby Stickley for vehicle damage. Upon motion the documents
were received, filed, and referred to the 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. Upon motion the documents were received, filed, and
concurred.
4. Approval of City Expenditures: Upon motion the documents were received and filed, and
Resolution No. 283-24 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.
5. FFY 2025 Iowa Governor's Traffic Safety Bureau (GTSB) Grant Funds: City Manager
recommended 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. Upon motion the
documents were received, filed, and approved.
6. Resolution Approving the Termination Agreement for the January 2023 Development
Agreement by and between the City of Dubuque, Iowa and McCoy Group: Upon motion the
documents were received and filed, and Resolution No. 284-24 Approving the Termination
2
Page 109 of 674
Agreement and Release terminating the Development Agreement by and between the City of
Dubuque, Iowa and McCoy Group, Inc. was adopted.
7. HHH Enterprises, LLC Lease Renewal: Upon motion the documents were received and
filed, and Resolution No. 285-24 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 was
adopted.
8. Acceptance of a Grant of Easement for Public Utilities over CC15, LLC Property at 1502
Bies Drive, Dubuque, Iowa: Upon motion the documents were received and filed, and Resolution
No. 286-24 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 was
adopted.
9. Acceptance of a Grant of Easement for Public Utilities over Schreiber Property at 1562
Kebbie Drive, Dubuque, Iowa: Upon motion the documents were received and filed, and
Resolution No. 287-24 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 was adopted.
10. U.S. Hwy 20 and Devon Drive Frontage Road Project - Acceptance of Public
Improvement Construction Contract - Project No. 5521000051: Upon motion the documents
were received and filed, and Resolution No. 288-24 Accepting the U.S. Hwy 20 and Devon Drive
Frontage Road Project and authorizing final payment to the contractor was adopted.
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. Upon motion the documents were received
and filed.
12. Authorization to Submit FY24/PY23 Community Development Block Grant CAPER: Upon
motion the documents were received and filed, and Resolution No. 289-24 Authorizing the
submission of a Consolidated Annual Performance and Evaluation Report (CAPER) for the
period commencing July 1, 2023 and concluding June 30, 2024 was adopted.
13. Intent to Apply for Local Housing Trust Fund Grant 2025: Upon motion the documents
were received and filed, and Resolution No. 290-24 Authorizing submittal of the application for
Local Housing Trust Funds to the Iowa Finance Authority was adopted.
14. Nature Everywhere Accelerator Community Application: City Manager shared 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. Upon motion the documents were received and filed.
15. Acceptance of the Comiskey Park — Phase 1 Redevelopment Project: Upon motion the
documents were received and filed, and Resolution No. 291-24 Accepting Public Improvement
Contract for the Comiskey Park — Phase 1 Redevelopment Project was adopted.
3
Page 110 of 674
16. Improvement Contracts / Performance, Payment, and Maintenance Bonds: Top Grade
Excavating, Inc. for the E 24th Street Sit Contaminated Soil Removal Project. Upon motion the
documents were received, filed, and approved.
17. Temporary Agreement Between the City of Dubuque and ITC Midwest, LLC to Operate
an Electric Transmission System in the City of Dubuque: Upon motion the documents were
received and filed, and Resolution No. 292-24 Approving an agreement between the City of
Dubuque and ITC Midwest, LLC to operate an electric transmission system in the City of
Dubuque was adopted.
18. Approval of Retail Alcohol Licenses: Upon motion the documents were received and filed,
and Resolution No. 293-24 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 was adopted.
ITEMS SET FOR PUBLIC HEARING
Motion by RousselI to receive and file the documents, adopt the resolutions, and set the public
hearings as indicated. Seconded by Wethal. Motion carried 7-0.
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: Upon motion the
documents were received and filed and Resolution No. 294-24 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 was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on October
7, 2024 in the Historic Federal Building.
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: Upon motion the documents were received and filed and
Resolution No. 295-24 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 was adopted setting a public hearing for a meeting
to commence at 6:30 p.m. on October 7, 2024 in the Historic Federal Building.
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: Upon motion the
documents were received and filed and Resolution No. 296-24 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 was adopted setting a public hearing for a meeting
to commence at 6:30 p.m. on October 21, 2024 in the Historic Federal Building.
BOARDS/COMMISSIONS
4
Page 111 of 674
Applications were reviewed for the following Boards and Commissions. Applicants were
invited to address the City Council regarding their desire to serve on the following
Boards/Commissions.
1. Civic Center Advisory Commission: One, 3-Year term through June 29, 2027 (Expired term
of Jacobs). Applicant: Danielle Jacobs, 3130 Shiras Ave.
2. Community Development Advisory Commission: One, 3-Year term through February 15,
2026 (Vacant At -Large term of Mozena) and 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) and
Julie Woodyard, 1950 Coates St. (Qualities for At -Large).
PUBLIC HEARINGS
1. Request to Rezone 27 Locust 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 Wethal. Planning Services Director Wally Wernimont provided a staff report. Applicant Josh
Jansen, 11368 Rock Grove Ct., spoke in support of the rezoning and gave a brief overview of
the proposed apartment project. City Clerk Breitfelder stated that written input was received by
Ken Lin, 1103.5 Iowa St. In response to City Council questions, Mr. Wernimont outlined the
separation requirements for existing billboards. He noted that the adjacent parking lot, zoned C-
3, is owned by both the City and the Iowa Department of Transportation, and will be utilized for
upcoming improvements to the Julien Dubuque Bridge. Nearby property owned by Mr. Lin is in
a mixed -use area. City Council Members expressed support for the project, emphasizing the
need for more housing and noting its key location as the first impression for motorists entering
Iowa. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 54-24 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. Seconded by
Wethal. Motion carried 7-0.
2. Request to Rezone 1090 Radford Road: 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 Sprank. Mr. Wernimont provided a staff report. In response to a council question,
Mr. Wernimont explained that current policy requires four members of the Zoning Advisory
Commission (ZAC) for a quorum. While four members attended the recent meeting, one
abstained from voting due to a conflict of interest. He noted that policy allows a simple majority
vote from members present who do not have conflicts of interest. Mr. Wernimont also
emphasized that the ZAC makes recommendations, but the City Council is the approving body
responsible for policy decisions. Motion carried 7-0.
Motion by Roussell for final consideration and passage of Ordinance No. 55-24 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.
Seconded by Sprank. Motion carried 7-0.
5
Page 112 of 674
3. Request to Rezone 1142 University Avenue: 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 Farber. Mr. Wernimont provided a staff report. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 56-24 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. Seconded by Farber. Motion
carried 7-0.
4. Proposed Development Agreement between the City of Dubuque, Iowa and Kinseth
Hospitality Company, Inc.: Motion by Resnick to receive and file the documents and adopt
Resolution No. 297-24 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.
Seconded by Jones. Ben Kinseth, Executive Vice President of Kinseth Hospitality Company,
Inc., briefly summarized the project and its potential benefits to the community. City Council
Members voiced support for the project, highlighting the need for more hotels to support tourism
and its convenient location near the Mississippi River and downtown attractions. Motion carried
7-0.
5. Community Development Block Grant FY24 Annual Action Plan Amendment #1 Public
Hearing: Motion by RousselI to receive and file the documents and adopt Resolution No. 298-
24 Adopting the Fiscal Year 2025 (Program Year 2024) Community Development Block Grant
(CDBG) Annual Action Plan Amendment #1. Seconded by Wethal. Motion carried 7-0.
6. Vacating of a portion of a Storm Water Detention Basin Access Easement across a Part of
Lot 2 of Cedar Ridge Farm Place # 10, in the City of Dubuque, Iowa, common address 3100
Cedar Crest Ridge: Motion by Resnick to receive and file the documents and adopt Resolution
No. 299-24 Disposing of property by vacating city interest in a portion of a Storm Water
Detention Basin Access Easement through, over, and across part of Lot 2 of Cedar Ridge Farm
Place # 10, in the City of Dubuque, Iowa. Seconded by Sprank. Motion carried 7-0.
7. Public Hearing - State Revolving Fund (SRF) Loan - Environmental Review Bipartisan
Infrastructure Law State Revolving Fund (SRF) Private Lead Service Line Replacement Pilot
Program: Motion by Wethal to receive and file the documents and adopt Resolution No. 300-24
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.
Seconded by Sprank. In response to City Council questions, Water Department Director Chris
Lester explained that the program revision expands the eligibility area, as the initial timeframe
did not reach the maximum of 585 properties. He added that city staff sent letters to eligible
residences based on census tract data to notify them of their qualification for the program.
Motion carried 7-0.
8. Water Department Operations SCADA System Upgrade Project - Public Hearing: Motion
by Jones to receive and file the documents and adopt Resolution No. 301-24 Approval of plans,
specifications, form of contract, and estimated cost for the Water Department Operations
SCADA System Upgrade Project. Seconded by Resnick. In response to a council question, Mr.
Lester explained that the current system is outdated, and the new system will improve efficiency.
City Council Members expressed enthusiasm for the modernization. Motion carried 7-0.
6
Page 113 of 674
PUBLIC INPUT
Diane Heiken, Susan Cerwin, and Diane Pile, all of 1865 Radford Rd., spoke about a bed
bug infestation in their apartment complex and expressed concerns over city policy that limits
involvement to units with a confirmed infestation. They advocated for a policy change that would
allow the city to address the entire apartment complex to resolve the issue.
ACTION ITEMS
1. National Police Woman Day Photo: Motion by RousselI to receive and file the documents.
Seconded by Jones. Police Chief Jeremy Jensen shared a photo of the women of the Dubuque
Police Department in recognition of National Police Woman Day on September 12. Police
Officer Kim Hoover spoke about Dubuque hosting the Iowa Association of Women Police
Conference in March of 2026. Assistant City Manager Cori Burbach stated that Officer Hoover
is co-chair of the recently created Women Rising Together Employee Resource Group. City
Council Members praised the leadership of female police officers and emphasized the
importance of further expanding the presence of women in the field. Motion carried 7-0.
2. Keymont Drive Pavement Rehabilitation Project - Award Public Improvement Contract -
Project No. 5521000018: Motion by Farber to receive and file the documents and adopt
Resolution No. 302-24 Awarding Public Improvement Contract for the Keymont Drive Pavement
Rehabilitation Project. Seconded by Sprank. Responding to a council question, Assistant City
Engineer Bob Schisel stated that all contractors bid on the same project specifications. City
Council Members expressed gratitude to Keymont Drive residents for their patience with the
project's initiation. Motion carried 7-0.
3. Approval of Sublease and Operations Agreement with Dubuque Forward LLC: Motion by
Resnick to receive and file the documents and adopt Resolution No. 303-24 Approving a
Sublease and Operations Agreement between the City of Dubuque, Iowa and Dubuque Forward
LLC. Seconded by Sprank. In response to City Council questions, City Manager Van Milligen
explained that the City will sub -lease the park from Dubuque Forward LLC. While the City will
handle park maintenance, Dubuque Forward LLC will cover all associated costs. The park,
named 897 Central Park, had the City Council's preferences incorporated into its lease terms.
City Attorney Brumwell cited Chapter 670 of the Iowa Code concerning city liability. City Council
Members praised the park and advised that the City should be involved early in future private
projects seeking to collaborate with the City. Motion carried 7-0.
4. Request to Amend City Ordinance on Speed Limit Reduction - Peru Road from Roosevelt
Street to City Limits: 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. City Council
Members expressed support for the speed limit reduction to 35 miles per hour on Peru Road
from Roosevelt Street to City Limits (Tanzanite Drive). Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 57-24 Amending City
of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 7 Operation,
Division 5 Speed Restrictions, Section 9-7-321.285 Limits Generally. Seconded by Sprank.
Motion carried 7-0.
7
Page 114 of 674
5. Greater Dubuque Development Corporation Request to Convert Format of Quarterly
Updates to Work Sessions: Motion by Sprank to receive and file the documents and refer to
council. Seconded by Roussell. City Council Members expressed support for converting the
format of Greater Dubuque Development Corporation's quarterly updates to City Council work
sessions. The first Greater Dubuque Development Corporation Quarterly Update Work Session
will occur at 6:00 p.m. on October 21, 2024. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Roussell reported on volunteering at the Dubuque Farmer's Market and
AmeriCorps 30th anniversary celebration.
Council Member Sprank reported on the Dubuque Area Labor Harvest food giveaway, the
Blocktoberfest event, the Dubuque Oktoberfest event, and Alpine Mobile Home Park recently
forming a neighborhood association.
Council Member Wethal reported on the Boards and Commissions annual picnic and Outside
the Lines Art Gallery's Great Draw Street Art Competition.
Council Member Jones also reported on the Boards and Commissions picnic.
Council Member Farber reported on the Boards and Commissions picnic and the ribbon
cutting for 897 Central Park.
Mayor Cavanagh reported on Dubuque Oktoberfest, recently welcoming international
students to Dubuque, delivering his annual State of the City address, and the Nathaniel Morgan
Memorial event. Mayor Cavanagh also made a statement regarding to the recent assassination
attempt on President Donald Trump.
CLOSED SESSION
Motion by Jones to convene in closed session at 8:47 p.m. to discuss Pending Litigation and
Purchase or Sale of Real Estate — Chapter 21.5(1)(c),(j) Code of Iowa. Seconded by Roussell.
Mayor Cavanagh stated for the record that the attorneys who will consult with City Council on
the issues to be discussed in the closed session are City Attorney Brumwell and Assistant City
Attorney Jason Lehman. Motion carried 7-0.
The City Council reconvened in open session at 9:21 p.m. stating that staff had been given
proper direction.
ADJOURNMENT
There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:21
p.m.
/s/Adrienne N. Breitfelder, CMC
City Clerk
8
Page 115 of 674