7 1 24 City Council Proceedings Official Special and RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
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 stake-
holder outreach, vision/goals, existing conditions results and concepts that are being con-
sidered 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 percep-
tions 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
2
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
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 Proceed-
ings 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 Accord-
ance with City Procedures was adopted.
RESOLUTION NO. 207-24
AUTHORIZING THE CHIEF FINANCIAL OFFICER / CITY TREASURER TO MAKE
CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAY-
MENT IN ACCORDANCE WITH CITY PROCEDURES
Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that
the Finance Director-City Treasurer shall keep an accurate account of all disbursements,
money, or property, specifying date, to whom, and from what fund paid; and
Whereas, the invoices, presented by those firms and persons providing such goods
and services have been pre-audited by Finance Department personnel in accordance
with generally accepted internal control procedures and have been determined to have
been requisitioned for a lawful municipal purpose; and
Whereas, the Chief Financial Officer-City Treasurer has provided a list of Expenditures
3
attached hereto, and by this reference made a part hereof, to be drawn to pay for goods
and services provided for City purposes; and
Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142 -
18 adopted May 7, 2018, authorized the Chief Financial Officer -City Treasurer to issue
checks in payment of certain expenditures known as Exception Expenditures prior to Cit y
Council approval and such list is attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Chief Financial Officer-City Treasurer is hereby authorized to issue
payment for goods and services provided for City purposes in response to the purchase
orders and contracts issued in compliance with state and municipal code requirements
as requested by designated requisitioning authorities in accordance with approved budget
appropriations.
Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Chief
Financial Officer are hereby authorized and directed to provide the statement of receipts
and disbursements to the City Council, and to publish a summary thereof.
Passed, approved, and adopted this 1st day of July 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
3. FY 2025 Arts & Culture Operating Support & Capacity Building Grants Funding Rec-
ommendation: 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 Appropri-
ate Interfund Transfers of Sums and Record the Same in the Appropriate Manner for the
FY 2024 for the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 208-24
AUTHORIZING THE CHIEF FINANCIAL OFFICER TO MAKE THE APPROPRIATE IN-
TERFUND TRANSFERS OF SUMS AND RECORD THE SAME IN THE APPROPRIATE
MANNER FOR THE FY 2024 FOR THE CITY OF DUBUQUE, IOWA
Whereas, Iowa Administrative Rules Code Section 545 -2.5(5) implements Iowa Code
Section 384.18 and provides that the City Council shall approve all transfers of moneys
from one budgeted fund to another budgeted fund as provided in Iowa Administrative
Rules Code Section 545-2.5(5).
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Authorize the Chief Financial Officer to Transfer Funds. That the Chief Fi-
nancial Officer be and is hereby authorized by the City Council to make the appropriate
interfund transfer of sums and record the same in the appropriate manner for FY 2024.
Section 2. Transfer of Funds. That the Chief Financial Officer will transfer the following
sums and to record the same in the appropriate manner:
1. Transfer from General Fund to the Section 8 Fund $241,775.00 for the deficit
related to HUD administrative funding.
4
2. Transfer from General Fund to Transit Fund $1,682,830.00 for the Transit Levy
and reimbursement of the downtown shuttle.
3. Transfer from the Tort Liability Fund to the General Fund $386,860.42 for the cost
of liability insurance.
4. Transfer from the Trust & Agency Fund to the General Fund $2,565,939.25 for
the cost of employee benefits.
5. Transfer from the Dubuque Industrial Center Tax Increment Financing Fund to
the General Fund $273,456.95 for the reimbursement of Tax Increment Financing
eligible expenses.
6. Transfer from the Greater Downtown Tax Increment Financing Fund to the Gen-
eral Fund $144,807.75 for the reimbursement of Tax Increment Financing eligible
expenses.
7. Transfer from Dubuque Industrial Center TIF fund to the General Construction
Fund $371,500.00 for Tax Increment financing eligible construction projects.
8. Transfer from Greater Downtown TIF Fund to Parking Operations Fund
$489,525.00 for debt service on downtown ramps.
9. Transfer from Greater Downtown TIF Fund to Housing Trust Fund $53,169.00 for
reimbursement of Tax Increment Financing eligible construction projects.
10. Transfer from Sanitary Sewer Operating Fund to General Fund $1,980,288.00
for recharge of administrative overhead.
11. Transfer from Sanitary Sewer Operating Fund to Sanitary Sewer Capital Fund
$1,946,760.00 for capital construction.
12. Transfer from Stormwater Operating Fund to General Fund $1,192,164 for re-
charge of administrative overhead.
13. Transfer from Stormwater Operating Fund to Stormwater Construction Fund
$400,000.00 for capital construction.
14. Transfer from Parking Operating Fund to General Fund $254,963.00 for re-
charge of administrative overhead.
15. Transfer from Water Operating Fund to General Fund $1,512,215.00 for re-
charge of administrative overhead.
16. Transfer from Water Operating Fund to Water Construction Fund $1,000,000.00
for capital construction.
17. Transfer from Refuse Operating Fund to General Fund $1,508,564.00 for re-
charge of administrative overhead.
18. Transfer from Refuse Operating Fund to Refuse Construction Fund $471,760.00
for capital construction.
19. Transfer from Landfill Fund to General Fund $524,622.00 for recharge of admin-
istrative overhead.
20. Transfer from General Fund to the Debt Service Fund $136,241.89 for annual
debt service payments.
21. Transfer from Dubuque Industrial Center Tax Increment Financing Fund to the
Debt Service Fund $792,264.50 for annual debt service payments.
22. Transfer from Greater Downtown Tax Increment Financing Fund to the Debt
Service Fund $1,896,516.00 for annual debt service payments.
23. Transfer from Road Use Tax Special Revenue Fund to the Debt Service Fund
$67,000.00 for annual debt service payments.
5
24. Transfer from Street Construction Fund to the Debt Service Fund $226,033.00
for annual debt service payments.
25. Transfer from Sales Tax Increment Special Revenue Fund to the Debt Service
Fund $5,637,759.69 for annual debt service payments.
26. Transfer from Sales Tax Construction Fund to the Debt Service Fund
$923,932.55 for annual debt service payments.
27. Transfer from Passenger Facility Fund to the Debt Service Fund $176,909.50
for annual debt service payments.
28. Transfer from Sales Tax Construction Fund to the Stormwater Operating Fund
$442,290.00. for stormwater subsidies related to tax exempt entities, farms, and
half rate for income qualified.
29. Transfer from the General Fund to the Refuse Fund $919,047.00 for reimburse-
ment of 50% rate reduction and implementation of city-wide tipper carts.
30. Transfer from the General Fund to the Sanitary Sewer Operating Fund
$32.000.00 for reimbursement of 50% rate reduction.
31. Transfer from the General Fund to the Water Operating Fund $25.000.00 for
reimbursement of 50% rate reduction.
32. Transfer from the Greater Downtown Tax Increment Financing Fund to the Park-
ing Operating Fund $2,011,000. for the reimbursement of Tax Increment Financing
eligible debt service expenses.
33. Transfer from the Greater Downtown Tax Increment Financing Fund to the
Transit Enterprise Fund $281,700.00 for the reimbursement of Tax Increment Fi-
nancing eligible debt service expenses.
34. Transfer from the Sales Tax Special Revenue Fund to the Transit Enterprise
Fund $69,008.00 for the reimbursement of debt service expenses.
35. Transfer from the Greater Downtown Tax Increment Financing Fund to the
Downtown Loan Pool Fund $300,000.00 for the reimbursement of Tax Increment
Financing eligible expenses.
36. Transfer from the General Fund to the Refuse Capital Fund $95,339.00 for the
reimbursement of tipper cart expenses.
37. Transfer from the North Cascade TIF Fund to the General Fund $816.44 for the
reimbursement of Tax Increment Financing eligible expenses.
38. Transfer from Stormwater Capital Fund to General Fund $37,967.00 for capital
construction.
39. Transfer from General Fund to Stormwater Capital Fund $15,174.00 for capital
construction.
40. Transfer from General Fund to DRA Gaming Fund $280.00 for capital construc-
tion.
41. Transfer from Stormwater Capital Fund to Road Use Tax Fund $15,903.00 for
capital construction.
42. Transfer from Stormwater Capital Fund to Sanitary Sewer Construction Fund
$230,000.00 for capital construction.
43. Transfer from Road Use Tax Fund to Stormwater Construction Fund $92,093.00
for capital construction.
44. Transfer from DRA Distribution Fund to Garage Service Fund $31,073.00 for
capital construction.
6
Passed, approved and adopted this 1st day of July 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
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 Con-
tract for the Seippel Road Water Main Lowering Project was adopted.
RESOLUTION NO. 209-24
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE SEIPPEL ROAD WATER
MAIN LOWERING PROJECT
Whereas, sealed proposals have been submitted by contractors for the Seippel Road
Water Main Lowering Project, (the Project) pursuant to Resolution No. 167 -24 and Notice
to Bidders published on the City of Dubuque, Iowa website and plan room service with
statewide circulation on the 7th day of June 2024; and
Whereas, said sealed proposals were opened and read on the 20th day of June 2024
and it has been determined that Top Grade Excavating of Farley, Iowa, in the bid amount
of $186,275.20, is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That a Public Improvement Contract for the Project is hereby awarded to
Top Grade Excavating and the City Manager is hereby directed to execute a Public Im-
provement Contract on behalf of the City of Dubuque for the Project.
Passed, approved, and adopted this 1st day of July 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
7. Walmart, Inc. and Wal-Mart Real Estate Business Trust 2023 Property Tax Appeal
Stipulation of Settlement Approval: Senior Counsel recommended approval of the Stipu-
lation of 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 Stipu-
lation 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 Fire-
works 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.
7
10. Q Casino and Beartooth Fireworks Permit Request: City Manager recommended
approval of a Pyrotechnics Permit to use pyrotechnics at the Beartooth music perfor-
mance 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 Ex-
panded 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 doc-
uments were received and filed, and Resolution No. 210 -24 Approving a Federal Emer-
gency 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.
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
Whereas, the City Council of the City of Dubuque, Iowa wishes to apply for a Federal
Emergency Management Agency (FEMA) pre-disaster mitigation grant program for the
construction of a new stormwater pumping station at the 16th Street Detention Basin, and
Whereas, the City Council, in support of the application for $8,000,000.00 in grant
funding, must pledge a local match estimated at $18,609,820 toward the activity as iden-
tified in the application, and
Whereas, the City must establish authorized representatives in order to complete and
submit grant application documents.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Approves the application for FEMA Pre-disaster Mitigation grant funding.
Section 2. Authorizes the establishment of Chief Financial Officer Jennifer Larson and
Water & Resource Recovery Center Director Deron Muehring as authorized representa-
tives to prepare and submit the grant application.
Passed, approved, and adopted this 1st day of July 2024.
8
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
RESOLUTION NO. 211-24
LOCAL MATCH FOR THE HAZARD MITIGATION ASSISTANCE PROGRAM
Whereas, the city of Dubuque (hereinafter called “the Subrecipient”), County of Dubu-
que, has made applications through the Iowa Department Homeland Security and Emer-
gency Management (HSEMD) to the Federal Emergency Management agency (FEMA)
for funding from the Hazard Mitigation Assistance Program, in the amount of $7,900,000
for the total project cost: and
Whereas, the sub recipient recognizes the fact that this grant is based on a cost share
basis with the federal share not exceeding 75%, the state share not exceeding 10%, and
the local share being a minimum of 15% local share can be either cash or in-kind match:
and
therefore, the subrecipient agrees to provide and make available up to$ 18, 619, 820
(eighteen million five hundred nine thousand eight hundred twenty dollars) of local monies
to be used to meet the minimum local match requirement for this mitigation grant appli-
cation
Passed, approved, and adopted this 1st day of July 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
15. East-West Corridor Capacity Improvements Professional Consultant Services Con-
tract - Supplemental Agreement No. 2 Preliminary Engineering Design and Environmen-
tal Clearance Phase Iowa DOT Project No. STBG-SWAP-2100 (698)--SG-31: Upon mo-
tion 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.
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
Whereas, the City of Dubuque is proceeding with East-West Corridor Capacity Im-
provements; and
Whereas, based on Environmental Phase 1 work completed to -date to evaluate cul-
tural resources and section 106 historic properties within the project corridor, the State
Historical Preservation Office has directed the Phase 1 study area be expanded; and
Whereas, to comply with NEPA regulatory requirements, supplemental architectural
investigation survey shall be completed within the expanded study area; and
Whereas, the Consultant Professional Services - Supplemental Agreement No.1 au-
thorizes HDR to perform supplemental Phase 1 architectural investigation survey to com-
plete the Preliminary Engineering Design and Environmental Clearance Phase to ad-
vance the development of East-West Corridor Capacity Improvements.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
9
Section 1. That said Consultant Professional Services - Supplemental Agreement No.
2 between HDR, Inc. and the City of Dubuque is hereby approved, subject to the concur-
rence of the Iowa Department of Transportation.
Section 2. That the City Manager is authorized and directed to execute said Consultant
Professional Services - Supplemental Agreement No. 2 with HDR, Inc. for the East-West
Corridor Capacity Improvements.
Passed, approved, and adopted this 1st day of July 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, CMC City Clerk
16. East-West Corridor Capacity Improvements Approve Amended Federal-Aid SWAP
Funding Agreement Iowa DOT Project Iowa DOT Agreement: Upon motion the docu-
ments were received and filed, and Resolution No. 213 -24 Approving an Amended Fed-
eral-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 adopted.
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
Whereas, the City of Dubuque is proceeding with East-West Corridor Capacity Im-
provements; and
Whereas, the original Federal-Aid SWAP Funding Agreement (Agreement No. 6-19-
STBG-SWAP-039) was approved and executed on December 20, 2019, between the City
and the Iowa DOT; and
Whereas, the Amended Federal-Aid SWAP Funding Agreement (Agreement No. 6-19-
STBG-SWAP-040-A) provides clarification on what are eligible costs (only preliminary
design and environmental) utilizing the SWAP funding allocation; and
Whereas, the Amended Agreement also revises the eligible funding amount from the
original $7,560,000, to the amended amount of $1,190,175, which is the amount of the
current HDR, Inc. Consultant Professional Services Contract.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Section 1. That said Amended Federal-Aid SWAP Funding Agreement (Agreement
No. 6-19-STBG-SWAP-040-A) with the Iowa Department of Transportation for the devel-
opment and advancement of East-West Corridor Capacity Improvements is hereby ap-
proved.
Section 2. That the Mayor is authorized and directed to execute said Amended Fed-
eral-Aid SWAP Funding Agreement (Agreement No. 6 -19-STBG-SWAP-040-A) with the
Iowa Department of Transportation for the development and advancement of East -West
Corridor Capacity Improvements.
Passed, approved, and adopted this 1st day of July 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
10
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.
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 “GRAVEYARD LOT”, IN THE CITY
OF DUBUQUE, IOWA
Whereas, as property owner, Rockdale Church has executed a Grant Easement of
Permanent Embankment Easement through, under and across Part of Lot 1 of the Sub-
division of Mineral Lot 513, Lot 1 of Lot 1 of Mineral Lot 507, and “Graveyard Lot”, in the
City of Dubuque, Iowa; and
Whereas, as contract purchaser, Rockdale, LLC has consented to a Grant Easement
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 “Graveyard Lot”, in
the City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts
and consents to the Grant Easement of Permanent Embankment Easement through, un-
der 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 from Rockdale Church, a
copy of which is attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Passed, approved and adopted this 1st of July 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
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 Accept-
ing the Grant of Easements from Rabbit Hollow Nature Conservancy, Inc. was adopted.
RESOLUTION NO. 215-24
ACCEPTING THE GRANTS OF EASEMENTS FROM RABBIT HOLLOW NATURE
CONSERVANCY, INC.
Whereas, the City of Dubuque, Iowa and Rabbit Hollow Nature Conservancy, Inc. en-
tered into an Agreement for grant of easement for sanitary sewer utility and sanitary sewer
access dated the 17th day of June 2024 for the following described real property:
Parts of Lot A of Old Mill Subdivision No. 3 and Lot 2 of McNamer Acres #4, in the
City of Dubuque, Iowa, as shown on Exhibit A attached hereto and by reference
11
made a part hereof;
Parts of Lot 2 of Rabbit Hollow Place and Lot 1 of Rabbit Hollow Place # 2, in the
City of Dubuque, Iowa, as shown on Exhibit B attached hereto and by reference
made a part hereof;
Parts of Lot 2 of Rabbit Hollow Place # 2, in the City of Dubuque, Iowa, as shown
on Exhibit C attached hereto and by reference made a part hereof;
Parts of Lot 2 of Rabbit Hollow Place and Lot 1 of Rabbit Hollow Place # 2 and Lot
1 of Rabbit Hollow Place # 7, in the City of Dubuque, Iowa, as shown on Exhibit D
attached hereto and by reference made a part hereof;
Parts of Lots 1, 2, 3, and 4 of Faldorf-Dockal Woodland Preserve, in the City of
Dubuque, Iowa, as shown on Exhibit E attached hereto and by reference made a
part hereof; and
Whereas, the terms of the Agreement have been fulfilled.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
Section 1. The Grants of Easements attached hereto are hereby accepted.
Section 2. The City Clerk is hereby authorized and authorized and directed to record
the Grants of Easements with the Dubuque County Recorder.
Passed, approved and adopted this 1st day of July 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
19. Purchase Agreement between the City of Dubuque, Rabbit Hollow Nature Con-
servancy, Inc. and Iowa Natural Heritage Foundation - Accepting the Warranty Deed:
Upon motion the documents were received and filed, and Resolution No. 216 -24 Accept-
ing the Deed from Rabbit Hollow Nature Conservancy, Inc. to Certain Real Estate in
Dubuque County, Iowa was adopted.
RESOLUTION NO. 216-24
ACCEPTING THE DEED FROM RABBIT HOLLOW NATURE CONSERVANCY, INC.
TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA
Whereas, Rabbit Hollow Nature Conservancy, Inc. (Rabbit Hollow) is the owner of the
following described real property:
Lot 2 of Lot 2 of Lot 1 of Mineral Lot 507, in the City of Dubuque, Iowa
(the Property); and
Whereas, City, Rabbit Hollow and Iowa Natural Heritage Foundation entered into a
Purchase Agreement for the Property; and
Whereas, the terms of the Purchase Agreement have been met and a Warranty Deed
has been delivered to the City; and
Whereas, the City Council finds that it is in the best interests of the City of Dubuque to
accept the Warranty Deed from Rabbit Hollow.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE AS FOLLOWS:
Section 1. The Warranty Deed from Rabbit Hollow Nature Conservancy, Inc. is hereby
accepted.
Section 2. The City Clerk is hereby authorized and directed to record the Warranty
12
Deed with the Dubuque County Recorder.
Passed, approved and adopted this 1st day of July 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
20. Pickett Street Rehabilitation Award Recording Memo: Upon motion the documents
were received and filed, and Resolution No. 217-24 Awarding Public Improvement Con-
struction Contract for the Pickett Street Rehabilitation Project was adopted.
RESOLUTION NO. 217-24
AWARDING PUBLIC IMPROVEMENT CONSTRUCTION CONTRACT FOR THE
PICKETT STREET REHABILITATION PROJECT
Whereas, sealed informal bid proposals have been submitted by contractors for the
Pickett Street Rehabilitation Project, (the Project) on the 13th day of June 2024; and
Whereas, said sealed proposals were opened and read on the 13th day of June 2024
and it has been determined that Valentine Construction Co., LLC, of Dubuque, IA. sub-
mitted the low bid in the amount of $60,000.00, and is the lowest responsive, responsible
bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That a Public Improvement Construction Contract for the Project is hereby
awarded to Valentine Construction Co., LLC and the City Manager is hereby directed to
execute a Public Improvement Construction Contract on behalf of the City of Dubuque for
the Project.
Passed, adopted, and approved this 1st day of July 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
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 Bar-
gaining Agreements (Teamsters Mixed and Teamsters (Bus Operators)): City Manager
recommended ratification of the following Amendments to two of the existing union/col-
lective bargaining agreements (CBA’s) which have been proposed to and have been rat-
ified 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 Op-
erators [BU 1158] July 1, 2022 through June 30, 2025 CBA amends Article 16 VACA-
TIONS. 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
13
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 w ork
onsite, currently scheduled for next week. Ms. Steger stated that alternatives are being
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 imm inent 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 Excavating & Concrete, LLC for the North Grandview Avenue Pavement Rehabili-
tation Project - Phase 1. Upon motion the documents were received, filed, and approved.
25. Signed Contracts: Ostrom Painting & Sandblasting, Inc. for 2024 Pavement Mark-
ing 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 Resolu-
tion 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.
RESOLUTION NO. 218-24
SETTING A PUBLIC HEARING FOR THE JEFFERSON PARK RETAINING WALL
PROJECT
Whereas, the City Council has designated funding for Jefferson Park Retaining Wall;
and
Whereas, plans and specifications have been prepared for the Jefferson Park Retain-
ing Wall Project; and
Whereas, the City desires to hold a public hearing on the proposed Jefferson Park
Retaining Wall Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. That the City Council will meet in the Historic Federal Building, Council
Chambers, 2nd Floor, 350 West 6th Street, Dubuque, Iowa at 6:30 p.m. on July 15, 2024,
for the purpose of holding a public hearing and taking action to approve the Jeffers on
Park Retaining Wall Project.
Section 2. That the City Clerk is hereby authorized and directed to publish a notice of
such public hearing and the City Council’s intent to review and approve the Jefferson Park
Retaining Wall Project.
14
Passed, approved, and adopted this 1st day of July 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
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 or-
dering the advertisement for bids was adopted setting a public hearing for a meet ing to
commence at 6:30 p.m. on July 15, 2024 in the Historic Federal Building.
RESOLUTION NO. 219-24
LOCUST STREET PARKING RAMP REPAIRS PROJECT - PRELIMINARY AP-
PROVAL 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
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The proposed plans, specifications, form of contract and estimated cost for
the Locust Street Parking Ramp Repairs Project, in the estimated construction cost
amount of $250,000.00, are hereby preliminarily approved and ordered filed in the office
of the City Clerk for public inspection.
Section 2. A public hearing will be held on the 15th day of July, 2024, at 6:30 p.m. in
the Historic Federal Building Council Chambers (and/or by virtual means) 350 W. 6th
Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or
against the proposed plans and specifications, form of contract and estimated cost of said
Project, and the City Clerk be and is hereby directed to cause the attached notice of the
time and place of such hearing to be published in a newspaper having gen eral circulation
in the City of Dubuque, Iowa, which notice shall be published not less than four days nor
more than twenty days prior to the date of such hearing. At the hearing, any interested
person may appear and file objections to the proposed plans, specifications, form of con-
tract, or estimated cost of the Project.
Section 3. The Locust Street Parking Ramp Repairs Project is hereby ordered to be
advertised for bids for construction.
Section 4. The amount of the security to accompany each bid shall be in an amount
which shall conform to the provisions of the Notice to Bidders hereby approved.
Section 5. The City Engineer is hereby directed to advertise for bids for the construction
of the improvements herein provided, by publishing the Notice to Bidders to be published
on the City of Dubuque website and a contractor plan room service with statewide circu-
lation, which notice shall be published not less than thirteen but not more than forty -five
days before the date for filing bids before 2:00 p.m. on the 23rd day of July 2024. Bids
shall be opened and read by the City Clerk at said time and will be submitte d to the City
Council for final action at 6:30 p.m. on the 5th day of August 2024, in the Historic Federal
Building Council Chambers (and/or by virtual means) 350 West 6th Street, Dubuque,
15
Iowa.
Passed, adopted and approved this the 1st day of July 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
3. Resolution of Necessity for the Proposed Urban Renewal Plan for the Mount Pleas-
ant 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.
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
Whereas, the City Council of the City of Dubuque has determined that the creation of
the Mount Pleasant Place Housing Urban Renewal Area will stimulate, through public
involvement and commitment, private investment in new housing and residential devel-
opment as defined by Iowa Code 403.17(12), as described in the Urban Renewal Plan;
and
Whereas, the City Council has determined that the area described in Attachment A to
this Resolution meets the definition of an Economic Development – LMI Housing Area as
defined in Chapter 403 “Urban Renewal” of the Iowa Code; and
Whereas, a significant need for housing units exists in the community and local re-
sources are needed to advance the development; and
Whereas, Iowa Code Chapter 403 requires that before urban renewal authority may
be exercised, a City Council must adopt a resolution of necessity finding that the area in
question is a slum, blighted or economic development area, and that so designating such
area is necessary in the interest of the public health, safety or welfare of the residents of
the municipality.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the proposed Mount Pleasant Place Housing Urban Renewal Area,
generally described in Attachment A and Attachment B to this Resolution, is an Economic
Development – LMI Housing Area as defined by Chapter 403 of the Iowa Code, appro-
priate for public improvements related to housing and residential development and is ap-
propriate for an urban renewal project.
Section 2. That the development of the Mount Pleasant Place Housing Urban Renewal
Area is necessary and appropriate to facilitate the proper growth and development of the
community in accordance with sound planning and local community objectives.
Section 3. That the development of this area will provide new opportunities for quality
16
housing and job creation in the community.
Section 4. That the City Manager is authorized and directed to prepare an Urban Re-
newal Plan for the Mount Pleasant Place Housing Urban Renewal Area, to forward said
Plan to the City's Long Range Planning Commission for review and comment, and to
begin the consultation process required by law with affected taxing entities.
Section 5. That the City Clerk is directed to publish notice of a public hearing on the
adoption of an Urban Renewal Plan for the Mount Pleasant Place Housing Urban Re-
newal Area to be held on the 5th day of August 2024, at 6:30 p.m. in the form attached
hereto. The notice of said hearing shall generally identify the areas covered by the pro-
posed Urban Renewal Plan and the general scope of the urban renewal activities planned
for such areas and said notice shall be published in a newspaper having general circula-
tion within the City not less than four days nor more than twenty days before the date of
said meeting. A copy of the notice of public hearing shall be sent by ordinary mail to the
affected taxing entities.
Section 6. That the Economic Development Director is further directed to send by or-
dinary mail a copy of the proposed Urban Renewal Plan, the notice of public hearing, a
notice of consultation, and, to the extent the Urban Renewal Plan includes the use of tax
increment revenues for a public building, an analysis of alternative development and fund-
ing options for such public buildings, to the Dubuque Community School District Board of
Education and Dubuque County Board of Supervisors, as the affected taxing entities.
Passed, approved and adopted this 1st day of July 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
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
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 (Ex-
piring terms of Jacobs and Parks). Applicants: Pamela Birch, 1910 Amelia Dr.; and Bryce
17
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 Car-
riage Hill Dr.; Nikkole Nutter, 305 Clarke Dr.; Ashley Regan, 1100 N. Booth St.; and Lu-
zelena 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. Baum-
hover 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. Mo-
tion 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 Jen-
nifer 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.
18
12. Airport Zoning Commission: One Cross Representative whose term will coincide
with their term on the cross represented board or commission (Vacant Cross Representa-
tive 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 Zon-
ing Advisory Commission. Seconded by Roussell. Motion carried 7-0.
Following the conclusion of board and commission appointments, City Council Mem-
bers emphasized the significance of applicants reaching out to the City Council to articu-
late 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 Coun-
cil, Housing and Community Development Director Alexis Steger and City Attorney Brum-
well 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. Mo-
tion 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 His-
toric Buildings. Seconded by Farber. Motion carried 7-0.
ORDINANCE NO. 42-24
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 5 HISTORIC BUILDINGS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 14 Building and Development is amended by repealing Chapter 5
19
Historic Buildings.
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 1st day of July 2024.
Brad Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
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.
ORDINANCE NO. 43-24
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 10-1-2: SIDE-
WALK INSTALLATION AND REPAIR DELETING LIABILITY OF THE ABUTTING
PROPERTY OWNER FOR FAILURE TO REPAIR SIDEWALKS
Whereas, City of Dubuque Code of Ordinances Section 10 -1-2 provides that abutting
property owners must maintain the area from the back of the curb to the right of way line
and the abutting property owner is liable for damages caused by failure to maintain such
area; and
Whereas, Section 10-1-2 is no longer a correct statement of Iowa law; and
Whereas, the City Council now desires to amend Section 10-1-2 to correctly state Iowa
law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque code of Ordinances Section 10 -1-2 is amended to read as
follows:
10-1-2: SIDEWALK INSTALLATION AND REPAIR:
A. Installation:
1. The owner of any lot or parcel in the city, that abuts upon any improved public
street that has concrete or stone curb shall, at the owner's cost, install to standard
city specifications a sidewalk along the full length of the portion of the lot or parcel
abutting the public street when said lot or parcel is developed or redeveloped or
at the direction of city council. For purposes of this subsection, "development or
redevelopment" means any improvement that creates a new parking lot, new
principal structure, garage, carport, covered deck, or covered patio on the lot or
parcel or changes the footprint of the parking lot, principal structure, garage, car-
port, covered deck, or covered patio on the lot or parcel.
2. Upon application and for good cause shown, the city manager may grant a full or
partial exception to the above requirement. (Ord. 44 -09, 9-8-2009)
20
B. Duty Of Abutting Property Owner To Maintain: The abutting property owner must
maintain the area from the back of the curb to the right of way line, and must keep
such area in a safe condition free from defects, debris, nuisances, obstructions or
any other hazard. The abutting property owner must maintain such area in a safe
condition, in a state of good repair, and free from defects. Notwithstanding the
obligations imposed hereunder, the property owner may not remove diseased
trees or dead wood or plant, trim, remove or treat any tree or plant material on
public right of way without first obtaining a permit from the city forester. (Ord. 57 -
14, 9-2-2014)
C. Notice To Replace, Repair Or Reconstruct:
1. Whenever the city manager shall determine that the conditions of any sidewalk
as described in subsection B of this section exist, the city manager shall serve
notice by certified mail on the abutting property owner, as shown by the records
of the county auditor, requiring the abutting property owner to replace, repair or
reconstruct the sidewalk.
2. If the city manager determines that the replacement, repair or reconstruction of
the sidewalk is not practicable because of circumstances beyond the control of
the abutting property owner, the city manager may allow or require a temporary
repair of the sidewalk until such circumstances no longer exist. (2007 Code § 41-
102)
D. Collection Of Costs Of Replacement, Reconstruction Or Temporary Repair By
City: If the abutting property owner who has been notified pursuant to subsection
C of this section to repair, replace, reconstruct, or temporarily repair the sidewalk
shall fail to repair, replace, reconstruct, or temporarily repair such sidewalk within
thirty (30) days after the mailing of such notice, the city manager may cause the
required action to be performed and assess the costs against the abutting property
for collection in the same manner as a property tax. (2007 Code § 41-103)
E. Installments: If any amount assessed against property under subsection D of this
section exceeds one hundred dollars ($100.00), the assessment may be paid in
ten (10) annual installments, in the same manner and with the same interest rates
as provided for assessments against benefited property under the code of Iowa.
(2007 Code § 41-104)
F. Procedures For Levy: The procedures for making and levying a special assess-
ment pursuant to subsection D of this section and for an appeal of the assessment
are the same procedures as provided under the code of Iowa. (2007 Code § 41 -
105)
G. Sidewalk Inspection Policy: The city manager shall develop, with the approval of
the city council, a written sidewalk inspection policy which shall govern the repair,
replacement, reconstruction or temporary repair of sidewalks. (2007 Code § 41 -
106)
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 1st day of July 2024.
Brad Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
5. Remedy for Fire Department Manager/Administration Wage Compression : Motion
21
by Jones to receive and file the documents and approve the salary percentage increases
effective 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/Bu reau
Chief, Deputy Fire Chief, and Fire Chief related to the percentage wage increases pro-
vided to 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 pub-
lic fireworks displays.
Mayor Cavanagh reported on attending the United States Conference of Mayors An-
nual 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