7 1 24 City Council MinutesCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 5:30 p.m. on July 1, 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 (attended virtually and joined at 5:34 p.m.), 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 work session on the Central Avenue and White Street Corridor
Traffic Study.
WORK SESSION
Central Avenue and White Street Corridor Traffic Study
Traffic Engineer Justine Hull introduced Bolton & Menk, Inc. Senior Traffic Engineer Jennifer
McCoy and Senior Urban Designer Andrew Dresdner who presented on stakeholder outreach,
vision/goals, existing conditions results and concepts that are being considered for the Central
Avenue and White Street corridor. In response to a City Council question, Ms. McCoy stated
that a pop-up open house is scheduled for an upcoming Dubuque Farmer’s Market, with a
traditional open house planned for the fall. Ms. McCoy further stated that three alternate parking
plans will be developed for analysis and various design elements will be considered to
encourage drivers to reduce speeds. Mr. Dresdner summarized input provided by trucking
companies and potential parking options. City Council Members stressed that no decisions have
been finalized and that discussions will continue. Concerns about parking availability and
location, crash data, and crime perceptions were also expressed.
There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:23
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 July 1, 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 (attended virtually), 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
Council Member Jones 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 Farber. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council Proceedings of June 17 and June 18, 2024;
Civil Service Commission of June 12, 2024; Equity and Human Rights Commission of April 9,
2024; Five Flags Civic Center Commission of March 4, 2024; Library Board of Trustees Council
Update of May 23, 2024; Proof of Publication for City Council Proceedings of May 29, 2024.
Upon motion the documents were received and filed.
2. Approval of City Expenditures: Upon motion the documents were received and filed, and
Resolution No. 207-24 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.
3. FY 2025 Arts & Culture Operating Support & Capacity Building Grants Funding
Recommendation: Upon motion the documents were received, filed, and concurred.
4. Approving Fund Transfers for Capital Projects and Other Expense Reimbursements in
Fiscal Year 2024 – Period 13: Upon motion the documents were received and filed, and
Resolution No. 208-24 Authorizing the Chief Financial Officer to make the Appropriate Interfund
Transfers of Sums and Record the Same in the Appropriate Manner for the FY 2024 for the City
of Dubuque, Iowa was adopted.
5. Multicultural Family Center Board Receives Iowa Governor’s Volunteer Award : Upon
motion the documents were received and filed.
6. Seippel Road Water Main Lowering Project Award : Upon motion the documents were
received and filed, and Resolution No. 209-24 Awarding Public Improvement Contract for the
Seippel Road Water Main Lowering Project was adopted.
7. Walmart, Inc. and Wal-Mart Real Estate Business Trust 2023 Property Tax Appeal
Stipulation of Settlement Approval: Senior Counsel recommended approval of the Stipulation of
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Settlement for a 2023 property tax appeal filed by Walmart, Inc. and Wal -Mart Real Estate
Business Trust for their property located at Parcel No. 1028352901. Upon motion the documents
were received, filed, and approved.
8. Walmart, Inc. and Sam's Real Estate Business Trust 2023 Property Tax Appeal Stipulation
of Settlement Approval: Senior Counsel recommended approval of the Stipulation of Settlement
for a 2023 property tax appeal filed by Walmart, Inc. and Sam's Real Estate Business Trust for
their property located at 4400 Asbury Road. Upon motion the documents were received, filed,
and approved.
9. J & M Fireworks Permit Request: City Manager recommended approval of a Fireworks
Permit for a private fireworks display at Dubuque Golf and Country Club on July 12, 2024. Upon
motion the documents were received, filed, and approved.
10. Q Casino and Beartooth Fireworks Permit Request: City Manager recommended
approval of a Pyrotechnics Permit to use pyrotechnics at the Beartooth music performance at
the Q Casino on July 18, 2024. Upon motion the documents were received, filed, and approved.
11. Letter of Support for Crescent Community Health Center: City Manager provided a copy
of a letter of support on behalf of the City of Dubuque in support of the Crescent Community
Health Center’s (Crescent’s) proposal for the HRSA grant opportunity for Expanded Hours.
Upon motion the documents were received, filed, and approved.
12. Approve FY25 Four Mounds Foundation Community Development Block Grant
Agreement: Upon motion the documents were received, filed, and approved.
13. Iowa Health and Human Services (Iowa HHS) Childhood Lead Poisoning and Healthy
Homes Funding and Agreement with the Visiting Nurse Association (VNA) and the Dubuque
County Board of Health: Upon motion the documents were received, filed, and approved.
14. Bee Branch Stormwater Pumping Station (Phase IV of the Bee Branch Watershed Flood
Mitigation Project) Project #5586500007 FEMA PDM Grant : Upon motion the documents were
received and filed, and Resolution No. 210-24 Approving a Federal Emergency Management
Agency Pre-Disaster Mitigation Grant Application Construction of the Dubuque Flood Mitigation
Gates and Pumps Project and Establishing Authorized City Representatives as Required to
Submit the Application and Resolution No. 211-24 Local Match for Hazard Mitigation Assistance
Program were adopted.
15. East-West Corridor Capacity Improvements Professional Consultant Services Contract -
Supplemental Agreement No. 2 Preliminary Engineering Design and Environmental Clearance
Phase Iowa DOT Project No. STBG-SWAP-2100 (698)--SG-31: Upon motion the documents
were received and filed, and Resolution No. 212-24 Approving the Consultant Professional
Services - Supplemental Agreement No. 2 Between HDR Inc. and the City of Dubuque for the
East-West Corridor Capacity Improvements was adopted.
16. East-West Corridor Capacity Improvements Approve Amended Federal -Aid SWAP
Funding Agreement Iowa DOT Project Iowa DOT Agreement: Upon motion the documents were
received and filed, and Resolution No. 213-24 Approving an Amended Federal-Aid Swap
Funding Agreement (6-19-STBG-SWAP-040-A) with the Iowa Department of Transportation for
the Development and Advancement of East -West Corridor Capacity Improvements was
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adopted.
17. Accepting Grant of Permanent Embankment Easement across Rockdale Church Property
off Old Mill Road in Dubuque as Part of Phase One of the Old Mill Road Lift Station Project :
Upon motion the documents were received and filed, and Resolution No. 214-24 Accepting a
Grant of Permanent Embankment Easement through, under and across Part of Lot 1 of the
Subdivision of Mineral Lot 513, Lot 1 of Lot 1 of Mineral Lot 507, and “Grave Yard Lot”, in the
City of Dubuque, Iowa was adopted.
18. Accepting the Grant of Easements from Rabbit Hollow Nature Conservancy, Inc.: Upon
motion the documents were received and filed, and Resolution No. 215-24 Accepting the Grant
of Easements from Rabbit Hollow Nature Conservancy, Inc. was adopted.
19. Purchase Agreement between the City of Dubuque, Rabbit Hollow Nature Conservancy,
Inc. and Iowa Natural Heritage Foundation.- Accepting the Warranty Deed: Upon motion the
documents were received and filed, and Resolution No. 216-24 Accepting the Deed from Rabbit
Hollow Nature Conservancy, Inc. to Certain Real Estate In Dubuque County, Iowa was adopted.
20. Pickett Street Rehabilitation Award Recording Memo: Upon motion the documents were
received and filed, and Resolution No. 217-24 Awarding Public Improvement Construction
Contract for the Pickett Street Rehabilitation Project was adopted.
21. Schmitt Island Sanitary Improvements Project Consulting Engineering Services [CIP#
5581500049]: City Manager recommended approval to negotiate and execute a contract with
Strand Associates for engineering services for the design of the Schmitt Island Sanitary
Improvements Project with an appropriation amount of $218,380. Upon motion the documents
were received, filed, and approved.
22. Request for City Council Ratification of Two Amendments to current Collective Bargaining
Agreements (Teamsters Mixed and Teamsters (Bus Operators)): City Manager recommended
ratification of the following Amendments to two of the existing union/collective bargaining
agreements (CBA’s) which have been proposed to and have been ratified by the respective
unions: 1. Second Amendment to Teamsters Local 120 (Mixed) [BU 0229 and BU 0503] July 1,
2022 through June 30, 2025 CBA replaces the current Article 19 – VACATIONS and 2. Third
Amendment to Teamsters Local No. 120 Bus Operators [BU 1158] July 1, 2022 through June
30, 2025 CBA amends Article 16 VACATIONS. Upon motion the documents were received,
filed, and approved.
23. 3000 Jackson Dubuque Brewing and Malting Project Update: Motion by Jones to receive
and file the documents. Seconded by Sprank. Alexis Steger, Director of Housing and
Community Development, gave an update on the demolition progress, noting that a payment
discrepancy has led to the contractor halting demolition work this week. City staff will continue
to issue citations to the developer until the contractor resumes work onsite, currently scheduled
for next week. Ms. Steger stated that alternatives are be ing considered, including the city
covering the cleanup costs and then recovering the funds through certain options. City Manager
Van Milligen added that it is not imminent that city funds will be used for the cleanup. City Council
Members expressed frustration with the project’s delay and their desire for the developer to
continue receiving daily citations until demolition resumes. Motion carried 7-0.
24. Improvement Contracts / Performance, Payment and Maintenance Bonds : Eastern Iowa
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Excavating & Concrete, LLC for the North Grandview Avenue Pavement Rehabilitation Project
- Phase 1. Upon motion the documents were received, filed, and approved.
25. Signed Contracts: Ostrom Painting & Sandblasting, Inc. for 2024 Pavement Marking
Project. Upon motion the documents were received and filed.
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 Sprank. Motion carried 7-0.
1. Initiate Public Improvement Bidding Process and Set Public Hearing Jefferson Park
Retaining Wall Project: Upon motion the documents were received and filed and Resolution No.
218-24 Setting a Public Hearing for the Jefferson Park Retaining Wall Project was adopted
setting a public hearing for a meeting to commence at 6:30 p.m. on July 15, 2024 in the Historic
Federal Building.
2. Locust Street Parking Ramp Repairs Project - Initiate Public Bidding Process and Setting
Date for Public Hearing Project: Upon motion the documents were received and filed and
Resolution No. 219-24 Locust Street Parking Ramp Repairs Project; 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 July
15, 2024 in the Historic Federal Building.
3. Resolution of Necessity for the Proposed Urban Renewal Plan for the Mount Pleasant
Place Housing Urban Renewal Area: Upon motion the documents were received and filed and
Resolution No. 220-24 Resolution of Necessity Finding that Certain Property in and Near Mount
Pleasant Place Subdivision is an Economic Development Area and that the Development of
said area is Necessary in the Interest of the Residents of the City of Dubuque, Iowa, and Setting
a Date for Hearing on a Proposed Urban Renewal Plan For Said District was adopted setting a
public hearing for a meeting to commence at 6:30 p.m. on August 5, 2024 in the Historic Federal
Building.
BOARDS/COMMISSIONS
Appointments were made to the following boards/commissions.
1. Arts and Cultural Affairs Advisory Commission: One, 3-Year term through June 30, 2027
(Expiring Business Professional term of Chesney). Applicants: Fraco Menchaca, 2685
Raven Oaks; and Nikkole Nutter, 305 Clarke Dr. Upon roll call vote, Mr. Menchaca was
appointed to the three-year term through June 30, 2027. Ms. Nutter received 2 votes (Resnick
and Jones), and Mr. Menchaca received the remaining 5 votes.
2. Board of Library Trustees: One, 4-Year term through July 1, 2028 (Expiring term of
Monk). Applicant: Christina Monk, 2770 Van Buren St. Motion by Jones to appoint Ms.
Monk to the four-year term through July 1, 2028. Seconded by Farber. Motion carried 7-0.
3. Cable Television Commission: One, 3-Year term through July 1, 2027 (Expiring term
of Tigges). Applicant: Jennifer Tigges, 4927 Wild Flower Dr. Motion by Roussell to appoint
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Ms. Tigges to the three-year term through July 1, 2027. Seconded by Wethal. Motion carried
7-0.
4. Civic Center Advisory Commission: Two, 3-Year terms through June 29, 2027 (Expiring
terms of Jacobs and Parks). Applicants: Pamela Birch, 1910 Amelia Dr.; and Bryce
Parks, 2770 Van Buren St. Motion by Jones to appoint Mr. Parks to the three-year term
through June 29, 2027. Seconded by Wethal. Motion carried 7-0. No motion was made for the
second term.
5. Equity and Human Rights Commission: Two, 3-Year terms through January 1, 2027
(Expired terms of Heiar and Link) and one, 3-Year term through January 1, 2025 (Vacant
term of Anderson). Applicants: Rick Baumhover, 601 Garfield Ave.; David Heiar, 805
Carriage Hill Dr.; Nikkole Nutter, 305 Clarke Dr.; Ashley Regan, 1100 N. Booth St.; and
Luzelena Bravo, 781 Cottage Pl. - Additional Applicant. Upon roll call vote, Mr. Heiar and
Ms. Nutter were appointed to the two 3-year terms through January 1, 2027. Mr. Heiar received
all 7 votes for the first term. For the second term, Ms. Nutter received 3 votes (Resnick, Jones,
and Farber), with Mr. Baumhover receiving 2 votes (Cavanagh and Sprank) and Ms. Bravo
receiving the remaining 2 votes. Upon roll call vote, Mr. Baumhover was appointed to the 3-year
term through January 1, 2025. Ms. Bravo received 2 votes (Roussell and Farber), and Mr.
Baumhover received the remaining 5 votes.
6. Historic Preservation Commission: One, 3-Year term through July 1, 2027 (Expiring
term of Gau). Applicant: Tim Gau, 2529 Windsor Ave. Motion by Sprank to appoint Mr. Gau
to the three-year term through July 1, 2027. Seconded by Roussell. Motion carried 7-0.
7. Housing Appeals and Mediation Board: One, 3-Year term through January 1, 2027
(Vacant term of Spence). Applicant: January Tylor, 2828 Jackson St. Motion by Sprank to
appoint Ms. Tylor to the three-year term through January 1, 2027. The motion failed due to
lack of a second.
8. Investment Oversight Advisory Commission: One, 3-Year term through July 1, 2027
(Expiring term of Valaskey). Applicant: Molly Valaskey, 1385 Alta Vista St. Motion by
Wethal to appoint Ms. Valaskey to the three-year term through July 1, 2027. Seconded by
Roussell. Motion carried 7-0.
9. Long Range Planning Advisory Commission: One, 3-Year term through July 1, 2027
(Expiring term of Stoffel). Applicant: Aaron Miller, 75 Fremont Ave. Motion by Jones to
appoint Mr. Miller to the three-year term through July 1, 2027. Seconded by Farber. Motion
carried 7-0.
10. Park and Recreation Advisory Commission: One, 3-Year term through June 30, 2027
(Expiring term of Tigges). Applicants: Tyler Dahlstrom, 1085 Vernon St.; and Jennifer
Tigges, 4927 Wild Flower Dr. Upon roll call vote, Ms. Tigges was appointed to the three-year
term through June 30, 2027. Mr. Dahlstrom received 1 vote (Roussell), and Ms. Tigges
received the remaining 6 votes.
11. Zoning Advisory Commission: One, 3-Year term through July 1, 2027 (Expiring term
of Russell). Applicant: Rich Russell, 2045 Embassy Way Dr. Motion by Roussell to appoint
Mr. Russell to the three-year term through July 1, 2027. Seconded by Wethal. Motion carried
7-0.
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12. Airport Zoning Commission: One Cross Representative whose term will coincide
with their term on the cross represented board or commission (Vacant Cross
Representative Member term of Russell). Applicant: Rich Russell, 2045 Embassy Way
Dr. Motion by Wethal to appoint Mr. Russell to the three-year term to coincide with his term on
the Zoning Advisory Commission. Seconded by Roussell. Motion carried 7-0.
Following the conclusion of board and commission appointments, City Council Members
emphasized the significance of applicants reaching out to the City Council to articulate their
interest in serving. Applicants can either address the City Council during th e board and
commission applicant review segment of the council meeting or submit written correspondence.
ACTION ITEMS
1. New Dubuque Developer’s Guide Available: Motion by Roussell to receive and file the
documents, approve the Dubuque Developer’s Guide publication and webpage, and listen to
the presentation. Seconded by Sprank. Public Information Officer Randy Gehl presented on the
Dubuque Developer’s Guide publication and webpage. City Council Members commended the
publication and webpage for illustrating how the city acts on feedback. Motion carried 7-0.
2. Dubuque Awarded $25 million Federal RAISE Infrastructure Grant to Build Railroad
Overpass at 14th Street: Motion by Resnick to receive and file the documents. Seconded by
Sprank. City Council Members expressed enthusiasm for receiving the grant and thanked the
various partners involved. Motion carried 7-0.
3. Repeal of the Dubuque Historic Building Code: 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. In response to questions from the City Council, Housing and Community
Development Director Alexis Steger and City Attorney Brumwell stated that existing building
codes still apply to structures, while current codes would apply to alterations. Ms. Steger
confirmed that the repeal of the historic building code will eliminate code duplication, reducing
confusion for contractors and property owners. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 42-24 Amending City
of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 5 Historic
Buildings. Seconded by Farber. Motion carried 7-0.
4. Ordinance Amendment: Abutting Property Owner Liability for Defective Sidewalks: 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 Wethal. In response to questions from
the City Council, City Attorney Brumwell summarized the city's potential liability after issuing
notices for property owners to repair sidewalk defec ts and explained how the city identifies
defects. Motion carried 7-0.
Motion by Roussell for final consideration and passage of Ordinance No. 43-24 Amending
City of Dubuque Code of Ordinances Section 10-1-2: Sidewalk Installation and Repair Deleting
Liability of the Abutting Property Owner for Failure to Repair Sidewalks . Seconded by Wethal.
Motion carried 7-0.
5. Remedy for Fire Department Manager/Administration Wage Compression: Motion by
Jones to receive and file the documents and approve the salary percentage increases effective
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July 1, 2024, in order to remedy the wage/salary compression that would exist for the
management/administration ranks of Assistant Fire Chief/Division Chief/Bureau Chief, Deputy
Fire Chief, and Fire Chief related to the percentage wage increases provided t o union-
represented Fire ranks per the CBA effective on July 1, 2024. Seconded by Wethal. City Council
Members expressed support for the salary increases and thanked all involved parties for their
efforts. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Resnick reported that the Federal RAISE Infrastructure Grant will fund a
bike trail and emphasized the importance of bike trails for local tourism.
Council Member Roussell reported on meeting with representatives from Japan as part of
her role on the Dubuque Main Street Board of Directors.
Council Member Wethal reported on meetings with Dubuque Community Schools and Holy
Family Catholic Schools as part of her partnership with the Community Foundation of Greater
Dubuque to promote school safety. Ms. Wethal announced that a community conversation for
educators was scheduled for July 9, 2024.
Council Member Jones reminded residents that operating fireworks within city limits is illegal
and encouraged them to leave fireworks and animals at home when attending public fireworks
displays.
Mayor Cavanagh reported on attending the United States Conference of Mayors Annual
Meeting.
CLOSED SESSION
Motion by Jones to convene in closed session at 7:42 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 8:10 p.m. stating that staff had been given
proper direction.
ADJOURNMENT
There being no further business, Mayor Cavanagh declared the meeting adjourned at 8:10
p.m.
/s/Adrienne N. Breitfelder, CMC
City Clerk