Proof_City Council Proceedings 09.16.24City of Dubuque
City Council
CONSENT ITEMS # 1.
Copyrighted
October 21, 2024
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: Civil Service Commission of October 2, 2024; Equity and
Human Rights Commission of August 13, 2024; Library
Board of Trustess Updates of August 22 and September 26,
2024; Resilient Community Advisory Commission of
September 5, 2024; Proof of Publication for City Council
Proceedings of September 16, 2024.
SUGGUESTED Receive and File
DISPOSITION:
ATTACHMENTS:
1. Civil Service Commission Minutes
2. Equity and Human Rights Commission Minutes
3. Library Board of Trustees Council Update_8-22
4. Library Board of Trustees Council Update_9-26
5. Resilient Community Advisory Commission Minutes
6. Proof of Publication City Council Proceedings 9 16 24
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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:
09/25/2024
and for which the charge is 429.21
Subscribed to before me, a Notary Pub is in and for
Dubuque County, Iowa,
this 25th day of September, 2024
Notary j ic in and for DubuquJ County, Iowa.
JANET K. PAPE
o Commission Number 199659
? r My Commission Expires
/ova 12/11 /2025
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Ad text
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council mett 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.
Tile City Council reconvened in open session at 6:05 p.m.
stating that staff had been given proper direction.
WORD SESSION
New City Council Agenda Management Software Demonstration
City Clerk Breitfelder demonstrated the public portal for
CiviePlus'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
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 MilIigen,
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;
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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 Authbrizing
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 Governors 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, Governors 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 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
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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.
lb. 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 Roussell 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 1: Upon motion the documents were
received and filed and Resolution No. 295-24 Resolution to fix
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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
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-j, 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
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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.
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 Roussell 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
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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 SRFs 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
timefiame 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.
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 Roussell 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
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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.
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 Farmers 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 Gallerys 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
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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),O) 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.
/&/Adrienne N. Breitfelder, CMC
City Clerk
It 9/25
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