ROLL CALL ORDER FOR MEETING OF
March 20, 2023

Resnick, Farber, Jones, Roussell, Sprank, Wethal, Cavanagh

 

Viewing and Participation Options

The public has the option to view and participate in the meeting in City Council Chambers or virtually. The meeting will be aired live on CityChannel Dubuque (Mediacom cable channels 8 and 117.2), streamed live and archived on the City’s website at www.cityofdubuque.org/media, and streamed live on the City’s Facebook page at www.facebook.com/cityofdubuque.

 

The public can provide in-person, audio, and written input during sections of the agenda where public input is accepted. It is strongly recommended that all members of the public who intend to provide in-person or virtual public input contact the City Clerk at least 24 hours prior to the meeting to provide notice of intent to provide public input. This will help City staff anticipate participation levels at the meeting. Contact the City Clerk at ctyclerk@cityofdubuque.org or 563-589-4100. 

 

For in-person input, please reference the instructions on speaking within the Consent Items, Public Hearing, and Public Input sections.   

Virtual input options during the live meeting include:

  • Log into GoToMeeting using the login links, phone numbers and access code below. This option includes audio input and written “chat” input.  If you are participating via computer, indicate which item you would like to speak to in the Chat function, or note you would like to speak during the appropriate section. If you are participating via phone, indicate which item you would like to speak to during the appropriate section. All comments, whether audio or written, must be accompanied by a name and address. 

 

    Please join the meeting from your computer, tablet or smartphone.

     

    Additionally, written public input can be accepted prior to or during the meeting by:

    CITY OF DUBUQUE, IOWA
    CITY COUNCIL MEETING
    Historic Federal Building: 350 W. 6th Street - Second-Floor Council Chambers.
    Virtual participation options are also available. Please see the information above for options.
    March 20, 2023 

    Council meetings are video streamed live and archived at www.cityofdubuque.org/media and on Dubuque's CityChannel on the Mediacom cable system at cable channel 8 and digital 117.2

    WORK SESSION
    1.6:00 PM - Dubuque Regional Bicycle & Pedestrian Plan Update
    Laura Carstens and Dan Fox of the East Central Intergovernmental Association (ECIA) will give a presentation on the status of the Dubuque Regional Bicycle and Pedestrian Plan. 

    REGULAR SESSION

    6:30 PM

    PLEDGE OF ALLEGIANCE

    PRESENTATION(S)
    1.COVID-19 Update
    Public Health Director Mary Rose Corrigan will provide an update on the COVID-19 pandemic and response activities. 
    CONSENT ITEMS

    The consent agenda items are considered to be routine and non-controversial and all consent items will be normally voted upon in a single motion without any separate discussion on a particular item. If you would like to discuss one of the Consent Items, please go to the microphone and be recognized by the Mayor and state the item you would like removed from the Consent Agenda for separate discussion and consideration.

    1.Minutes and Reports Submitted
    Building Code Advisory and Appeals Board of 1/5/23; City Council Proceedings of 2/27/23, 3/06/23, 03/07/23, 03/08/23 and 03/09/23; Resilient Community Advisory Commission of 3/2/23; Zoning Advisory Commission of 3/1/23; Zoning Board of Adjustment of 2/23/23. 
    Suggested Disposition: Receive and File
    2.Notice of Claims and Suits
    Nicolas Hayes for vehicle damage; Jeff Lehman 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: Nicole Hayes for vehicle damage; Jeff Lehman 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.U.S. Environmental Protection Agency Solid Waste Recycling Grant
    City Manager recommending City Council approval of the submittal of a U.S. Environmental Protection Agency Solid Waste Recycling Grant application.
    Suggested Disposition: Receive and File; Approve
    6.Letter of Opposition to Iowa Senate File 479
    City Manager providing a copy of a letter to Iowa Representative Chuck Isenhart in opposition to Iowa Senate File 479, a bill for an act repealing energy conservation requirements for new construction. 
    Suggested Disposition: Receive and File
    7.Civil Service Commission - Certified Lists
    Civil Service Commission submitting the certified lists for the positions of Police Officer and Fire Promotional ranks of Assistant Fire Chief, Assistant Fire Marshal, Fire Captain, EMS Supervisor, Fire Equipment Operator and Fire Lieutenant.
    Suggested Disposition: Receive and File; Make Matter of Record
    8.Exclusive 3-Year Soft Drink Provider Agreement for Leisure Services
    City Manager recommending City Council approval of the 3-year Pepsi agreement with Lime Rock Springs as the exclusive soft drink provider for the Bunker Hill Golf Course, McAleece Concession, Flora and Sutton Pools concession, Veterans Memorial Park and the Port of Dubuque Marina.
    Suggested Disposition: Receive and File; Approve
    9.Pre-Annexation Agreement – Terrence L. and Barbara Bahl

    City Manager recommending City Council adopt the resolution approving the Terrence L. and Barbara Bahl pre-annexation agreement and authorize the Mayor to sign the agreement on behalf of the City of Dubuque.

     

    RESOLUTION Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Terrence L. and Barbara Bahl

    Suggested Disposition: Receive and File; Adopt Resolution(s)
    10.Signed Contract(s)
    Experience Roofing for the Central Storage Rubber Roof Repair; Sustainable Strategies DC for professional strategic funding services. 
    Suggested Disposition: Receive and File
    11.Menard Inc. Property Tax Appeal Stipulation of Settlement Approval
    Senior Counsel recommending approval of the stipulation of settlement for a property tax appeal filed by Menard Inc. for their property located at 5300 Westside Drive. 
    Suggested Disposition: Receive and File; Approve
    12.Canadian Pacific Railway Acquisition of Kansas City Southern Railroad & Pending Merger Update
    Project Manager Steve Sampson Brown is providing updated information related to the proposed merger of the Canadian Pacific and Kansas City Southern Railroads.
    Suggested Disposition: Receive and File
    13.Purchase Agreement for Temporary Detour Easement Across Lot 1 in Riverview Plaza No. 4 as Part of the Kerper Boulevard and Kerper Court Intersection Improvements Project with HWY 151 & 61 Development, LLC

    City Manager recommending City Council approval of a Purchase Agreement with HWY 151 & 61, LLC for a temporary detour easement across Lot 1 in Riverview Plaza No. 4, in the City of Dubuque, Iowa as part of the Kerper Boulevard and Kerper Court Intersection Improvements Project.

     

    RESOLUTION Approving a Purchase Agreement Between the city of Dubuque, Iowa and HWY 151 & 61 Development, LLC for a Temporary Detour Easement Across Lot 1 in Riverview Plaza No. 4 in the city of Dubuque Iowa as Part of the Kerper Boulevard and Kerper Court Intersection Improvements Project

    Suggested Disposition: Receive and File; Adopt Resolution(s)
    14.Amendment to Master Agreement and Project Statement - ImOn Communications LLC
    City Manager recommending City Council approval of the 13th Amendment to an existing Master Agreement and Project Statement in place between the City of Dubuque and ImOn Communications LLC
    Suggested Disposition: Receive and File; Approve
    15.Master Agreement and Project Statement Amendment - Unite Private Network (UPN)
    City Manager recommending City Council approval of an amendment to an existing Master Agreement and Project Statement between the City of Dubuque and Unite Private Network (UPN).
    Suggested Disposition: Receive and File; Approve
    16.Tobacco Permit Application

    City Manager recommending City Council approval of annual liquor, beer, wine and tobacco license applications as submitted.

     

    RESOLUTION Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code Chapter 453A.47A

    Suggested Disposition: Receive and File; Adopt Resolution(s)
    ITEMS SET FOR PUBLIC HEARING

    These agenda items are being scheduled for a future public hearing on the date indicated.

    1.Set Public Hearing - Disposition of City-Owned Property at 612 Lincoln Avenue

    City Manager recommending City Council set a Public Hearing for April 3, 2023, to approve the disposition of City-owned real property located at 612 Lincoln Ave to Affordable Housing Network Inc.

     

    RESOLUTION Intent to dispose of an interest in City of Dubuque real estate to
    Affordable Housing Network, Inc, setting a time and place for hearing, and providing for the publication of notice thereof

     
    Suggested Disposition:
    Receive and File; Adopt Resolution(s), Set Public Hearing for April 3, 2023
    2.Set for Public Hearing - Brehm Acres Voluntary Annexation Request 

    City Manager recommending City Council adopt a resolution to set a public hearing for April 17, 2023, on the voluntary annexation request filed by John and Diane Brehm (property owners) and Seippel Warehouse LLC (applicant and future owner) for approximately 2.804 acres of property. 

     

    RESOLUTION Setting a Public Hearing on an Application for Voluntary Annexation of Territory to the City of Dubuque, Iowa

    Suggested Disposition:
    Receive and File; Adopt Resolution(s), Set Public Hearing for April 17, 2023
    PUBLIC HEARINGS

    Residents are invited to address the City Council regarding the following agenda items. Please come to the podium and state your name and address when the item you wish to speak to is being considered.

    1.Request to Amend Planned Unit Development 2600 Dodge Street, Plaza 20

    Proof of publication on notice of public hearing to consider approval of a request from Michael Kahle, Plaza 20 to rezone property located at 2600 Dodge Street, Plaza 20 to amend the Plaza 20 Planned Unit Development boundary and signage regulations, and Zoning Advisory Commission recommending approval. 

     

    ORDINANCE Amending Title 16, The Unified Development Code of the City of Dubuque Code of Ordinances by rescinding Ordinance 51-16 which established regulations for the Plaza 20 PUD Planned Unit Development District with a Planned Commercial Designation and now being amended to allow for modification of the On-Premise Sign Regulations applied to Plaza 20.

    Suggested Disposition: Receive and File; Motion B; Motion A
    2.Request to rezone the property of approximately 2.4-acre irregularly shaped site with frontage along Carter Road PIN 1015453009 property to a Planned Unit Development with PR-Planned Residential designation.

    Proof of publication on notice of public hearing to consider approval of a request from Kevin Oberbroeckling, CK Construction to rezone property of approximately 2.4-acre irregularly shaped site with frontage along Carter Road PIN 1015453009 property to a Planned Unit Development with PR-Planned Residential designation and the Zoning Advisory Commission recommending approval.

     

    ORDINANCE Amending Title 16 of The Unified Development Code of the City of Dubuque Code of Ordinances by Rescinding Ordinance 10-96 and Ordinance 45-93 and Adopting a PUD Planned Unit Development with a PR Planned Residential District Designation and Conceptual Development Plan for one 16-Unit and one 24-Unit Multi-Family Residential Building with a Detached Garage.

    Suggested Disposition: Receive and File; Motion B; Motion A
    3.Amendment of the Dubuque Industrial Center Economic Development District Urban Renewal Plan, Version 2023.1 

    Proof of publication on notice of public hearing to consider City Council adopt a resolution for the Amended and Restated Urban Renewal Plan for Dubuque Industrial Center Economic Development District Version 2023.1, and City Manager recommending approval. 

     

    RESOLUTION Approving the Amended and Restated Urban Renewal Plan, Version 2023.1, for the Dubuque Industrial Center Economic Development District

    Suggested Disposition: Receive and File; Adopt Resolution(s)
    4.Amendment of the Dubuque Industrial Center Economic Development District Urban Renewal Plan, Version 2023.2

    Proof of publication on notice of public hearing to consider City Council adopt the  resolution for the Amended and Restated Urban Renewal Plan for Dubuque Industrial Center Economic Development District Version 2023.2, and City Manager recommending approval.

     

    RESOLUTION Approving the Amended and Restated Urban Renewal Plan, Version 2023.2, for the Dubuque Industrial Center Economic Development District

    Suggested Disposition: Receive and File; Adopt Resolution(s)
    5.Request to Vacate a Portion of Certain Sanitary Sewer Easements across a Part of Lot 1 of Dubuque Industrial Center 14th Addition

    Proof of Publication on notice of public hearing to consider vacating a portion of the sanitary sewer easements across a part of Lot 1 of Dubuque Industrial Center 14th Addition, in the City of Dubuque, Iowa and City Manager recommending approval. 

     

    RESOLUTION Disposing of Property by Vacating City Interest in a Portion of Easements for Sanitary Sewer Utilities Over and Across a Part of Lot 1 of Dubuque Industrial Center 14th Addition, in the City of Dubuque, Iowa

    Suggested Disposition: Receive and File; Adopt Resolution(s)

    PUBLIC INPUT

    At this time, anyone in the Council Chambers may address the City Council on the Action Items on the agenda or on matters under the control of the City Council.  Residents are asked to approach the podium and state their name and address before proceeding with their comments.  Individual remarks are limited to five minutes, and the overall Public Input period is limited to 30 minutes.  Under the Iowa Open Meetings Law, the City Council can take no formal action on comments given during Public Input which do not relate to Action Items on the Agenda.

    ACTION ITEMS

    These are items where discussion is held by the City Council - public comments are not allowed except as authorized by the Mayor.

    1.Solid Waste Automated Curbside Collection System Implementation Council Update

    City Manager submitting information on the implementation plan for the automated solid waste conveyance system and the distribution of solid waste carts to support that system.

     

    Public Works staff will make a presentation. 


    Suggested Disposition:
    Receive and File; Presentation
    2.Emergency Preparedness Railway Incidents Presentation

    (Engineering)

    (PowerPoint is only attachment)

     

    Thomas Berger, Emergency Management Coordinator will make a presentation on the Emergency Preparedness Railway Incidents

    Suggested Disposition:
    Receive and File: Presentation
    3.Grand River Center Management Agreement with Global Spectrum, L.P. d/b/a OVG360 Approval

    City Manager recommending approval of the Grand River Center Management Agreement between the City of Dubuque and Global Spectrum, L.P. d/b/a OVG360.


    Suggested Disposition: Receive and File; Approve
    4.Amending Tax Increment Ordinance 28-22A for the Dubuque Industrial Center Economic Development District, as amended by Version 2022.3 of the Amended and Restated Plan 

    City Manager recommending that the City Council approve the ordinance attached hereto for the Dubuque Industrial Center Economic Development District. 

     

    ORDINANCE Correcting and amending Ordinance No. 28-22A, previously amended, providing that general property taxes levied and collected each year on all property located within the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Area of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Redevelopment Project by removing certain property from Subarea E from the division of revenues 

    Suggested Disposition: Receive and File; Motion B; Motion A
    5.Amending Tax Increment Ordinance for the Dubuque Industrial Center Economic Development District, as amended by Version 2023.2 of the Amended and Restated Plan 

    City Manager recommending City Council approval of the ordinance attached hereto for the Dubuque Industrial Center Economic Development District. 

     

    ORDINANCE Correcting and amending Ordinance No. __-23, previously amended, providing that general property taxes levied and collected each year on all property located within the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Area of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Redevelopment Project by adding Subarea S to the division of revenues 

    Suggested Disposition: Receive and File; Motion B; Motion A
    6.Discounted City Utilities Program and Affordable Connectivity Program Promotional Brochure

    Video featuring Mayor Cavanagh promoting the Discounted City Utilities Program shared on the City’s social media channels and airing on CityChannel Dubuque at

    https://youtu.be/7x9MaBVzEBg and City Manager providing information on the two programs designed to assist income qualified residents with monthly utility payments and internet access.

    Suggested Disposition:
    Receive and File; View Video
    7.Work Session Request - Demonstration of Police Use of the Public Safety Cameras

    City Manager requesting the City Council schedule a working session on Monday, May 1, 2023, at 5:30 p.m. at the Dubuque City Hall, 3rd Floor, to demonstrate how the Police Department uses the Public Safety Camera system as a public safety tool as a preventative tool and as an investigative resource.  

    Suggested Disposition: Receive and File; Council

    COUNCIL MEMBER REPORTS

    CLOSED SESSION
    Pending Litigation and Purchase or Sale of Real Estate – Chapter 21.5(1)(c),(j) Code of Iowa

    ADJOURNMENT

    The agenda with supporting documents may be accessed at www.cityofdubuque.org or at the City Clerk's Office, 50 W. 13th Street, during regular business hours.

     

    This notice is given pursuant to Chapter 21, Code of Iowa, and applicable local regulations of the City of Dubuque, Iowa and/or governmental body holding the meeting.

     

    Written comments regarding the above items may be submitted to the City Clerk's Office, 50 W. 13th St., Dubuque, IA 52001, before or at said time of meeting.

    Individuals with limited English proficiency, vision, hearing or speech impairments or requiring special assistance should contact the City Clerk's Office at (563) 589-4100, TDD/TTY (563) 690-6678, ctyclerk@cityofdubuque.org as soon as feasible. Deaf or hard-of-hearing individuals can use Relay Iowa by dialing 711 or (800) 735-2942.