Minutes_City Council Proceedings 12.18.2023Copyrighted
January 3, 2024
City of Dubuque Consent Items # 01.
City Council Meeting
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: City Council Proceedings of December 18, 2023; Civil Service
Commission of December 13, 2023; Library Board of Trustees Update
of November 16, 2023; Zoning Board of Adjustment of December 14,
2023.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
City Council Proceedings of December 18, 2023 Supporting Documentation
Civil Service Commission of December 13, 2023 Supporting Documentation
Library Board of Trustees Update of November 16, Supporting Documentation
2023
Zoning Board of Adjustment of December 14, 2023 Supporting Documentation
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 5:30 p.m. on December 18, 2023, in the
second -floor Council Chambers of the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Cavanagh; Council Members Farber (attended virtually), Jones, Resnick,
Roussell, Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell (attended virtually
at the beginning of the session; arrived in -person by 6:20 p.m.).
Mayor Cavanagh read the call and stated this was a special session of the City Council called
for the purpose of conducting a work session on the Waste Minimization Annual Report.
WORK SESSION
Waste Minimization Annual Report Presentation
Public Works Director Arielle Swift introduced Resource Management Supervisor Jake
Jansen, who presented an annual report update on waste minimization efforts utilizing Fiscal
Year 2022 as a benchmark. Responding to questions from the City Council, Mr. Jansen
encouraged residents to utilize the city's REThink Waste DBQ web application (app) to
reference what items can be recycled, confirm curbside collection schedules, and schedule
large item pickups. Regarding the potential expansion of the food waste program, Mr. Jansen
stated that barriers to participation should be reviewed and eliminated. Responding to a
question regarding the methodology used for the report, Amanda Erickson, Solid Waste
Planner/Coordinator with HDR, Inc., stated that the report consisted of city data and year over
year data, with regional data also used for comparisons. Ms. Erickson further stated that the
city should work with the landfill to acquire data on commercial tonnage to learn more about
commercial waste outputs. Regarding a potential expansion of the city's offerings of recycling
carts, Mr. Jansen recommended examining funding opportunities and options for various cart
sizes. City Council Members referenced waste minimization grants available for organizations.
There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:22
p.m.
/s/Adrienne N. Breitfelder, CMC
City Clerk
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on December 18, 2023, in the
second -floor Council Chambers of the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Cavanagh; Council Members Farber (attended virtually), 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
PRESENTATION(S)
1. Asphalt Paving Association of Iowa Awards for City Projects: Assistant City Engineer
Bob Schisel summarized the awards the city received at the Asphalt Paving Association of
Iowa (APAI) Annual Convention.
CONSENT ITEMS
Council Member Farber requested Item No. 23 be held for separate discussion. Motion by
Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated,
except for Item No. 23. Seconded by Wethal. Motion carried 7-0.
1. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of
October 24, 2023; City Council Proceedings of December 4, 2023; Community Development
Advisory Commission of November 29, 2023; Zoning Advisory Commission of December 6,
2023; Proof of Publication for City Council Proceedings of November 6, 2023, and November
20, 2023. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Ryan Berger for vehicle damage; Shelly Francois for vehicle
damage; Elizabeth Neuhaus for property 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:
Elizabeth Neuhaus for property 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. 402-23 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. 2024 Federal Legislative Priorities: Upon motion the documents were received, filed,
and approved.
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6. Kennedy Mall, Inc. 2023 Property Tax Appeal Stipulation of Settlement Approval -Parcel
No. 1028276901: Senior Counsel recommended approval of the Stipulation of Settlement for
a 2023 property tax appeal filed by Kennedy Mall, Inc. for their property located at Parcel No.
1028276901. Upon motion the documents were received, filed, and approved.
7. Kennedy Mall, Inc. 2023 Property Tax Appeal Stipulation of Settlement Approval - Parcel
No. 1028276002: Senior Counsel recommended approval of the Stipulation of Settlement for
a 2023 property tax appeal filed by Kennedy Mall, Inc. for their property located at Parcel No.
1028276002. Upon motion the documents were received, filed, and approved.
8. 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. 403-23 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.
9. Tree City USA Application Approval Request: Upon motion the documents were
received, filed, and approved.
10. 2023 Pavement Marking Project: Acceptance of Public Improvement Construction
Contract - Project Code: 5521000013: Upon motion the documents were received and filed,
and Resolution No. 404-23 Accepting the 2023 Pavement Marking Project and authorizing
the payment to the contractor was adopted.
11. Reservation of Easements by the City of Dubuque, Iowa: Twin Ridge Sanitary Sewer
Extension and Lagoon Abandonment Project - (CIP#7102754): Upon motion the documents
were received and filed, and Resolution No. 405-23 Approving the Reservation of Easements
by the City of Dubuque, Iowa in connection with the Twin Ridge Sanitary Sewer Extension
and Lagoon Abandonment Project was adopted.
12. Request to Distribute Request for Qualifications (RFQ) to hire a
Mechanical/Electrical/Plumbing Systems Design Consultant & Architectural Design
Consultant and Create an RFQ Review Committee: Upon motion the documents were
received, filed, and approved.
13. Final Plat of Links Glen Place No. 2: Upon motion the documents were received and
filed, and Resolution No. 406-23 Approving the Final Plat of Survey of Links Glen Place No.
2 in the City of Dubuque, Iowa was adopted.
14. Problem Property Assessment: Upon motion the documents were received and filed,
and Resolution No. 407-23 Authorizing the city to collect delinquent problem property charges
in accordance with 14-1J1 International Property Maintenance Code Section 106.5 and/or
Section 109.5 Code of Ordinances of the City of Dubuque, Iowa was adopted.
15. College Student Brochures: City Manager provided copies of brochures for area college
students that detail free Jule bus rides and area events. Upon motion the documents were
received and filed.
16. City of Dubuque Aerial Photography Project: Upon motion the documents were
received, filed, and approved.
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17. Approval for Organizational Culture Change Consulting Services Contract Amendment:
City Manager recommended City Council approval to issue an amendment to the contract
with ViDL Solutions in the amount of $100,000 to extend agreed -upon work to include the
City's leadership team. Upon motion the documents were received, filed, and approved.
18. Purchase of One 35 ft. Gillig Electric Bus: Upon motion the documents were received,
filed, and approved.
19. Signed Contract(s): MSA Professional Services, Inc for the Creek Crossing Restoration;
Origin Design Co. for the Old Highway Road Water Main Connection Loop; Top Grade
Excavating, Inc. for the Old Highway Road Water Main Connection Loop; Tschiggfrie
Excavating for the Burlington Water Main Improvements. Upon motion the documents were
received and filed.
20. Improvement Contracts / Performance, Payment and Maintenance Bonds:
Cornerstone Concrete LLC for the 2023 Concrete work in the public right of way. Upon motion
the documents were received, filed, and approved.
21. Request for Participation Initial Customer Notification Lead Service Line Replacement
Pilot Program: Upon motion the documents were received and filed.
22. Certified Lists - Police Officer, Police Captain, Police Lieutenant, and Police Corporal:
Civil Service Commission submitted the certified lists for the positions of Police Officer, Police
Captain, Police Lieutenant, and Police Corporal. Upon motion the documents were received,
filed, and made a matter of record.
23. Approval of Retail Alcohol Licenses: Council Member Farber stated her intent to
abstain from voting on this item due to her ownership of Magoo's Pizza, whose liquor license
was listed on the resolution for renewal. Motion by Jones to receive and file the documents
and adopt Resolution No. 408-23 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. Seconded
by Resnick. Motion carried 6-0 with abstention from Farber.
PUBLIC HEARINGS
1. Resolution Approving the Development Agreement by and among the City of Dubuque,
Iowa, 400 Ice Harbor, LLC, and Hodge Company Providing for the Sale of City -owned Real
Estate to 400 Ice Harbor, LLC and the Issuance of Urban Renewal Tax Increment Revenue
Grant Obligations Pursuant to the Development Agreement: Motion by Roussell to receive
and file the documents and adopt Resolution No. 409-23 Approving a Development
Agreement by and among the City of Dubuque, 400 Ice Harbor, LLC, and Hodge Company
Including the disposal of an interest in real property owned by the City of Dubuque by sale
pursuant to the Development Agreement. Seconded by Sprank. Mike Fullan, 2074
Creekwood Dr., spoke on behalf of Hodge Company in support of the resolution. Motion
carried 7-0.
2. Resolution Adopting the Amended and Restated Urban Renewal Plan for the Greater
Downtown Urban Renewal District, Version 2023.4: Motion by Jones to receive and file the
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documents and adopt Resolution No. 410-23 Approving the Amended and Restated Urban
Renewal Plan for the Greater Downtown Urban Renewal District, Version 2023.4. Seconded
by Wethal. Motion carried 7-0.
PUBLIC INPUT
Bradley Plummer, 1041 Shady Oaks Dr., read a letter that he submitted to the City Council
regarding Action Item No. 2, in which he expressed concern for the increased odor generated
from the Water & Resource Recovery Center.
City Clerk Breitfelder announced receipt of Mr. Plummer's letter, as well as input from
Jordan Pape, Chief Sustainability Officer with Tucker Freight, 1080 E. 12t" St., regarding his
support of the proposed ordinance for Action Item No. 3.
ACTION ITEMS
1. Greater Dubuque Development Corporation - Quarterly Update: Motion by Jones to
receive and file the documents and listen to the presentation. Seconded by Sprank. President
and CEO Rick Dickinson to present the quarterly update on the activities of the Greater
Dubuque Development Corporation (GDDC) and responded to a question from the City Council
regarding GDDC's impact on the community. Motion carried 7-0.
2. Water & Resource Recovery Center Odor Abatement Efforts Update: Water & Resource
Recovery Center (W&RRC) Director Deron Muehring made a presentation on odor abatement
efforts at the Water & Resource Recovery Center (W&RRC). Responding to questions from the
City Council, Mr. Muehring stated that the city hired US Peroxide, LLC (USP) to provide
recommendations on odor abatement, and that an improvement package will be submitted for
Fiscal Year 2025 to fund the addition of hydrogen peroxide to the waste stream. City Manager
Van Milligen stated that the city accepts high strength waste from businesses both in and around
the city because it's a needed service. City Council Members acknowledged the increase in
odors and emphasized the need to address the odors swiftly. City Council Members requested
an update at the second City Council meeting in January. Motion carried 7-0.
3. Central Avenue / White Street Truck Route Amend Commercial Motor Vehicles Ordinance:
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. Responding to a question from
the City Council, City Attorney Brumwell stated that the $50 fine for violating the ordinance has
been the fine amount for at least a decade. City Manager Van Milligen stated that rebuilding the
Central Avenue Corridor was not in the city's five-year Capital Improvement Program (CIP), and
that completion of the Central Avenue & White Street Corridor Traffic Study will provide
additional traffic recommendations. City Manager Van Milligen acknowledged that the
ordinance will be challenging to enforce. City Manager Van Milligen also announced the
following trucking or business community representatives will participate in the traffic study
request for proposals (RFP) committee: Joe Kirk, Terry Mozena, and Rick Dickinson. City
Council Members expressed support for the ordinance and spoke about various factors that will
impact truck traffic on Central Avenue and White Street, including automated speed
enforcement and truck routing software. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 55-23 Amending City
of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 16 Miscellaneous
City Provisions, Division 2 Trucks and/or Machinery, Section 9-16-321.901 Motor Truck Routes.
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Seconded by Sprank. Motion carried 7-0.
4. Update: 3000 Jackson Street, H & W Building: Motion by Sprank to receive and file the
documents and listen to the presentation. Seconded by Roussell. Housing and Community
Development Director Alexis Steger provided an update on 3000 Jackson Street, H & W
Building. Responding to questions from the City Council, Ms. Steger stated that the streets
currently closed around the H&W Building due to the stabilization work will not be reopened by
January 1st, and that plans have been established with the Public Works Department to address
snow removal on the closed streets if necessary. City Council Members expressed
disappointment that the closed streets will not be reopened by January 1st and requested an
update at the first City Council meeting in January. Motion carried 7-0.
5. Agreement with Kwik Trip, Inc. - Kwik Trip, Inc. Convenience Store/Gas Station at
Intersection of Seippel Road and Airborne Road: Motion by Roussell to receive and file the
documents and adopt Resolution No. 411-23 Approving an agreement between the City of
Dubuque, Iowa and Kwik Trip, Inc. for construction of certain off -site public roadway and utility
improvements at the intersection of Seippel Road and Airborne Road related to the proposed
site improvements at said intersection. Seconded by Jones. Motion carried 7-0.
6. Amending Taxicab Driver Licensing Requirements: 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. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 56-23 Amending City
of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 7 Vehicles
for Hire and Public Transportation, Article B Motorized Vehicles For Hire, Section 4-713-8
Taxicab Business License and Taxicab Driver's Permit. Seconded by Wethal. Motion carried 7-
0.
7. Police Department Supervisor Wage Compression: Motion by Sprank to receive and file
the documents and approve a budget allocation of $80,482 from Fiscal Year 2024 savings to
provide 5% increase for Police Department Lieutenants, Captains, and the Assistant Chief, and
6% increase for the Chief. Seconded by Jones. City Council Members associated this action
item to city workforce attraction and retention. Motion carried 7-0.
8. Fire Department Organizational Changes and Wage Compression: Motion by Wethal to
receive and file the documents and approve the Fiscal Year 2024 Fire Department
organizational changes, creation of a new civilian fire inspector position, and wage adjustments.
Seconded by Roussell. Responding to a question from the City Council, Fire Chief Amy Scheller
spoke about the Deputy Fire Chief position resulting from readjustments to the department. City
Council Members expressed support for the Deputy Fire Chief position. Motion carried 7-0.
9. Work Session Request: Travel Dubuque: Motion by Jones to schedule the work session
for February 5, 2024, at 6:00 p.m. Seconded by Roussell. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Jones reported on participating in the emergency services annual holiday
event at Hills and Dales.
Council Member Farber reported on speaking at the University of Dubuque's Graduate
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Physician Assistant Graduation Ceremony.
Mayor Cavanagh reported on his recent presentation on the Bee Branch Watershed to the
Mississippi River Cities and Towns Initiative (MRCTI)
CLOSED SESSION
Motion by Jones to convene in closed session at 9:09 p.m. to discuss Purchase or Sale of
Real Estate — Chapter 21.5(1)(j) Code of Iowa. Seconded by Roussell. Mayor Cavanagh stated
for the record that the attorney who will consult with City Council on the issues to be discussed
in the closed session is City Attorney Brumwell. Motion carried 7-0.
The City Council reconvened in open session at 9:53 p.m. stating that staff had been given
proper direction.
ADJOURNMENT
There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:53
p.m.
/s/Adrienne N. Breitfelder, CIVIC
City Clerk
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