Proof_City Council Proceedings 12.18.23Copyrighted
January 16, 2024
City of Dubuque Consent Items # 01.
City Council Meeting
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: City Council Proceedings of December 29, 2023 and January 3, 2024;
Arts and Cultural Affairs Commission of November 28, 2023; Zoning
Advisory Commission of January 4, 2024; Proof of publication for City
Council Proceedings of December 4, 2023 and December 18, 2023.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
City Council Proceedings of December 29, 2023 Supporting Documentation
City Council Proceedings of January 3, 2024 Supporting Documentation
Arts and Cultural Affairs Commission of November 28, Supporting Documentation
2023
Proof of publication for City Council Proceedings of Supporting Documentation
December 4, 2023
Proof of publication for City Council Proceedings of Supporting Documentation
December 18, 2023
Zoning Advisory Commission Minutes of January 4, Supporting Documentation
2024
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:
12/27/2023
and for which the charge is 330.10
Subscribed to before me, a Notary Public in and for
Dubuque County, Iowa,
this 27th day of December, 2023
Nota JP
blic in and for Dubuq e County, Iowa.
�P41A1 JANET K. PAPE
i Comm€salon Number 199659
My commission Expires
,owA 12/11/2025
Ad text : 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
citys 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 citys
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
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.
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 & ArchitecturaI 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.
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 Citys 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 Magoos 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 Rcsolution 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
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. Plummers
letter, as well as input from Jordan Pape, Chief
Sustainability Officer with Tucker Freight, 1080 E. 12th 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 GDDCs 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 its 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 citys 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. 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 Ist, 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 Scippel 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 4-7B-8 Taxicab Business
License and Taxicab Drivers 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 Dubuques Graduate 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){ )
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,
CMC City Clerk
1t 12/27