12 18 23 City Council Proceedings Official_Special and Regular1
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
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 vir-
tually 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 Re-
port.
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 en-
couraged residents to utilize the city’s REThink Waste DBQ web application (app) to refer-
ence 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 ques-
tion regarding the methodology used for the report, Amanda Erickson, Solid Waste Plan-
ner/Coordinator with HDR, Inc., stated that the report consisted of city data and year over
year data, with regional data also used for comparisons. Ms. Erickson further stated that the
city should work with the landfill to acquire data on commercial tonnage to learn more about
commercial waste outputs. Regarding a potential expansion of the city’s offerings of recycling
carts, Mr. Jansen recommended examining funding opportunities and options for various cart
sizes. City Council Members referenced waste minimization grants available for organiza-
tions.
There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:22
p.m.
/s/Adrienne N. Breitfelder, CMC City Clerk
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
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 Oc-
tober 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 re-
ceived, 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.
RESOLUTION NO. 402-23
AUTHORIZING THE CHIEF FINANCIAL OFFICER / CITY TREASURER TO MAKE CER-
TAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT
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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 gen-
erally accepted internal control procedures and have been determined to have been requisi-
tioned for a lawful municipal purpose; and
Whereas, the Chief Financial Officer-City Treasurer has provided a list of Expenditures
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 City 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 pay-
ment 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 Fi-
nancial 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 18th day of December, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
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.
RESOLUTION NO. 403-23
APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE AND ITC MID-
WEST, LLC TO OPERATE AN ELECTRIC TRANSMISSION SYSTEM IN THE CITY OF
DUBUQUE
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Whereas, the City of Dubuque, Iowa (City) and ITC Midwest, LLC (ITC Midwest) have
tentatively entered into an Agreement for the operation of an electric transmission system in
the City of Dubuque until such time as City and ITC Midwest finalize a franchise agreement
to operate the system; and
Whereas, the City Council finds that it is in the best interests of the City of Dubuque to
approve the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The attached Agreement is hereby approved.
Section 2. The City Manager is authorized and directed to sign the Agreement on behalf
of the City of Dubuque.
Passed, approved, and adopted this 18th day of December, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
9. Tree City USA Application Approval Request: Upon motion the documents were re-
ceived, 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.
RESOLUTION NO. 404-23
ACCEPTING THE 2023 PAVEMENT MARKING PROJECT AND AUTHORIZING THE
PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the 2023 Pavement Marking Project, (the
Project) has been completed by the Contractor, Ostrom Painting and Sandblasting, Inc. (Con-
tractor), the City Engineer has examined the work and recommends that the Project be ac-
cepted; and
Whereas, the final contract amount for the Project is $229,562.50; and
Whereas, the Contractor has previously been paid $218,084.42, leaving a balance of
$11,478.13; and
Whereas, the City Council finds that the recommendation of the City Engineer should be
accepted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved, and the Project is hereby
accepted.
Section 2. The Chief Financial Officer is hereby directed to pay to the Contractor the bal-
ance of the retainage of $11,478.13 as provided in Iowa Code chapter 573, and to pay such
retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter
26.13.
Passed, approved, and adopted this 18th day of December 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
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
5
and Lagoon Abandonment Project was adopted.
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
Whereas, the City of Dubuque, Iowa is the owner of the following described real property
in Dubuque County, Iowa:
Lot 12, Block 2, Dubuque Technology Park, in the City of Dubuque, Iowa; and
Lot B of Twin Ridge Subdivision No. 5 in Dubuque County, Iowa (the Property); and
Whereas, the City of Dubuque, Iowa plans to reserve sanitary sewer utility easements over
the above-described properties, as set forth in the attached Reservation of Easements, as
part of the Twin Ridge Sanitary Sewer Extension and Lagoon Abandonment Project and to
ensure that the appropriate easements are in place prior to the future disposition of the prop-
erty.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
Section 1. The Reservation of Easements by the City of Dubuque, Iowa, is hereby ap-
proved.
Section 2. The City Clerk is hereby authorized and directed to record the Reservation of
Easements by the City of Dubuque, Iowa with the Dubuque County Recorder.
Passed, approved, and adopted this 18th day of December, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
12. Request to Distribute Request for Qualifications (RFQ) to hire a Mechanical/Electri-
cal/Plumbing Systems Design Consultant & Architectural Design Consultant and Create an
RFQ Review Committee: Upon motion the documents were received, filed, and approved.
13. Final Plat of Links Glen Place No. 2: Upon motion the documents were received and
filed, and Resolution No. 406-23 Approving the Final Plat of Survey of Links Glen Place No.
2 in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 406 - 23
APPROVING THE FINAL PLAT OF SURVEY OF LINKS GLEN PLACE NO. 2 IN THE
CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Final Plat of Links Glen Place No. 2 in
the City of Dubuque, Iowa; and
Whereas, said Final Plat has been examined by the Zoning Advisory Commission and its
approval has been endorsed thereon; and
Whereas, said Final Plat has been examined by the City Council and they find that it con-
forms to the statues and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Final Plat of Links Glen Place No. 2 in the City of Dubuque, Iowa is
hereby approved, and the Mayor and City Clerk are hereby authorized and directed to en-
dorse the approval of the City of Dubuque, Iowa upon said Plat of Survey.
Passed, approved, and adopted this 18th day of December, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
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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.
RESOLUTION NO. 407-23
AUTHORIZING THE CITY TO COLLECT DELINQUENT PROBLEM PROPERTY
CHARGES IN ACCORDANCE WITH 14-1J1 INTERNATIONAL PROPERTY MAINTE-
NANCE CODE SECTION 109.5 AND/OR SECTION 112.5 CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA
Whereas, residential properties in the City of Dubuque are considered hazardous or un-
sanitary premises if problem properties are allowed to deteriorate according to 14-1J1; and
Whereas, whenever in the judgment of the Code Official, a nuisance that is “palpably and
indisputably such” exists which requires immediate action to protect the public health, safety
or welfare of the public, the Code Official may order the emergency abatement of such; and
Whereas, delinquent problem property charges shall be certified by the City Clerk to the
Dubuque County Treasurer for collection with, and in the same manner as general property
taxes.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the persons listed on the attached Problem Property Assessment Sched-
ule are delinquent in the payment of problem property charges.
Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County
Treasurer of Dubuque County, Iowa, that the persons named on the attached Problem Prop-
erty Assessment Schedule are delinquent in the payment of problem property charges in the
amount set aside of the respective names, and that said amounts shall be collected in the
same manner as general property taxes against the respective parcels of property set oppo-
site the names of the owners.
Passed, approved, and adopted this 18th day of December, 2023.
Brad M Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
Location; Owner; Parcel #; Amount; Category
1428 Iowa; S 26.38' of SM 1/5 & N 8.2' of N 26'2" of S 1/5 City Lots 455; River Walk Properties
LLC Pmb 311 3500 Dodge St, Suite 205 Dubuque IA 52002; 1024407004; $75.00; Towing
Fee
1428 Iowa; S 26.38' of SM 1/5 & N 8.2' of N 26'2" of S 1/5 City Lots 455; River Walk Properties
LLC Pmb 311 3500 Dodge St, Suite 205 Dubuque IA 52002; 1024407004; $175.25; Legal
Service Fee
15. College Student Brochures: City Manager provided copies of brochures for area col-
lege 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 re-
ceived, filed, and approved.
17. Approval for Organizational Culture Change Consulting Services Contract Amend-
ment: City Manager recommended City Council approval to issue an amendment to the con-
tract with ViDL Solutions in the amount of $100,000 to extend agreed-upon work to include
the City’s leadership team. Upon motion the documents were received, filed, and approved.
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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 Restora-
tion; 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 Exca-
vating for the Burlington Water Main Improvements. Upon motion the documents were re-
ceived and filed.
20. Improvement Contracts / Performance, Payment and Maintenance Bonds: Corner-
stone 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.
December 13, 2023
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position of
Police Officer was administered on December 9, 2023. We, The Civil Service Commission,
hereby certify that the individuals listed in the attached spreadsheet have passed the written
examination administered on either March 11, 2023, May 6, 2023, August 12, 2023, or De-
cember 9, 2023, are using a valid transfer score, or are currently certified as an Iowa Law
Enforcement Officer and any vacancies for the position of Police Officer should be filled from
this list and that this list is good through March 12, 2024.
Police Officer
1. Dustin Allen, 2. Noah Altman, 3. Colton Bach, 4. Ser Jon Bennett – Transfer Score, 5.
Dustin Brant, 6. Daniel Brimmer – Transfer Score, 8. Kaitlyn Frick, 8. Nathan Goodson-
Gregg, 9. Ashley Hahnbaum – Certified, 10. Sophia Hammond, 11. Brandon Hoey, 12. Cas-
sandra Holmes, 13. Evan Honkomp, 14. Sierra Hooper, 15. Marcus Leitzen, 16. Matthew
Morel – Transfer Score, 17. Henry Nosek, 18. Noah Perry – Transfer Score, 19. Cassidy
Randl – Transfer Score, 20. Jayson Schlarmann – Transfer Score, 21. Kenneth Schrader,
22. Josh Vaulthier – Transfer Score, 23. Dave Weis, 24. Nathan Willman
Respectfully Submitted,
Civil Service Commissioner
December 13, 2023
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, a promotional examination for the
position of Police Captain was administered on November 25, 2023. We, the Civil Service
Commission, hereby certify that the individuals listed below have passed the written
8
examination and any vacancy for the position of Police Captain should be made from this list
and that this list is good for a period of (2) two years.
Police Captain
1. Bruce Deutsch, 2. Richard Fullmer, 3. David Welsh
Respectfully Submitted,
Civil Service Commissioner
December 13, 2023
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, a promotional examination for the
position of Police Lieutenant was administered on October 24, 2023. We, the Civil Service
Commission, hereby certify that the individuals listed below have passed the examination
process and any vacancy for this position should be made from this list. This list is good for a
period of (2) two years.
Police Lieutenant
1. Dane Cox, 2. Chad Crabill, 3. Billy Dieujuste, 4. Justin Dura, 5. Kane Hoffmann, 6. Ethan
Lembke, 7. Matthew Levin, 8. Jordan Waddick, 9. Nathan Wall, 10. Thomas Warner
Respectfully Submitted,
Civil Service Commissioner
December 13, 2023
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, a promotional examination for the
position of Police Corporal was administered on October 24 and 25, 2023. We, the Civil Ser-
vice Commission, hereby certify that the individuals listed below have passed the written ex-
amination and any vacancy for the position of Police Corporal should be made from this list
and that this list is good for a period of (2) two years.
Police Corporal
1. Justin Dura, 2. Nathaniel Lech, 3. Ethan Lembke, 4. Nicholas Soppe, 5. Nathan Wall, 6.
Thomas Warner, 7. Austin Weitz
Respectfully Submitted,
Civil Service Commissioner
23. Approval of Retail Alcohol Licenses: Council Member Farber stated her intent to ab-
stain from voting on this item due to her ownership of Magoo’s Pizza, whose liquor license
was listed on the resolution for renewal. Motion by Jones to receive and file the documents
and adopt Resolution No. 408-23 Approving applications for retail alcohol licenses, as re-
quired 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.
RESOLUTION NO. 408-23
APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY
9
CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REG-
ULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE
LICENSES AND PERMITS
Whereas, applications for retail alcohol licenses have been submitted and filed with the
City Council for approval, and the same have been examined, provisionally approved, and/or
approved; and
Whereas, the premises to be occupied by such applicants were inspected and found to
comply with the Ordinances of the City, and the applicants have filed the proper fees and
bonds and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued at the
noted premise address to the following applicants pending submission of the locally required
documentation:
Renewals
AMC Theatres Dubuque 14 2835 NW Arterial
Baymont Inn & Suites 4025 McDonald Dr.
Brazen Open Kitchen Bar 955 Washington St. Suite 101
Dubuque Golf & Country Club 1800 Randall Pl.
Gary Dolphin's Iron Bar 333 East 10th St. Suite 104
Hy-Vee Clubroom 400 South Locust St. Clubroom Area
Kwik Stop 76 2320 Gateway Dr.
Magoo's Pizza 1875 University Ave.
The Moracco 1413 Rockdale Rd.
Towneplace Suites By Marriott - Dubuque 1151 Washington St.
Passed, approved, and adopted this 18th day of December 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
PUBLIC HEARINGS
1. Resolution Approving the Development Agreement by and among the City of Dubuque,
Iowa, 400 Ice Harbor, LLC, and Hodge Company Providing for the Sale of City-owned Real
Estate to 400 Ice Harbor, LLC and the Issuance of Urban Renewal Tax Increment Revenue
Grant Obligations Pursuant to the Development Agreement: Motion by Roussell to receive
and file the documents and adopt Resolution No. 409-23 Approving a Development Agree-
ment by and among the City of Dubuque, 400 Ice Harbor, LLC, and Hodge Company Includ-
ing 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.
RESOLUTION NO. 409-23
APPROVING A DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF DUBU-
QUE, 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
Whereas, the City Council of Dubuque, Iowa, did on June 5, 2023 adopt an Amended and
Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District (“the Plan”)
for the Urban Renewal Area described therein; and
Whereas, the City of Dubuque, Iowa, is interested in stimulating reinvestment in the
Greater Downtown Urban Renewal District; and
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Whereas, the Plan provides, among other things, for the disposition of properties for private
development purposes; and
Whereas, 400 Ice Harbor, LLC submitted to the City a proposal in the form of a Develop-
ment Agreement for the development of property owned by the Developer which includes an
Option Agreement to purchase certain City-owned real property hereinafter described (“the
Parking Property”), which Parking Property is the real estate consisting of approximately 0.68
acres shown on Exhibit A, and which Development Agreement requests that this Parking
Property be made available for sale as rapidly as possible; and
Whereas, Iowa Code Chapter 403 authorizes cities to dispose of property in furtherance
of an urban renewal project and to take other actions as may be necessary to carry out the
purposes of said Chapter, and the Plan similarly authorizes the City to dispose of property;
and
Whereas, in compliance with Iowa Code Section 403.8, and to the extent required by law,
Iowa Code Section 364.7, the City Council has set forth its proposal to approve the Develop-
ment Agreement and to dispose of its interests in the Parking Property and the City Clerk
published a notice on November 10, 2023 as required by law soliciting competitive proposals
for the Development Agreement and the Parking Property; and
Whereas, as of 10:00 a.m. on December 11, 2023 the City Clerk received no competitive
proposals for the Development Agreement and the Parking Property; and
Whereas, the City Council believes it is in the best interest of the City of Dubuque to ap-
prove the Development Agreement proposed by 400 Ice Harbor, LLC and the Option Agree-
ment to purchase the Parking Property as provided in the Development Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Council finds that the Development Agreement and the sale of the Parking
Property will promote the purposes of the urban renewal law, Iowa Code Ch. 403 in the City
and, together with the other consideration provided for in the Agreement, that these benefits
constitute fair value for the City’s disposal of interests in the Parking Property under Iowa
Code Section 403.8.
Section 2. The Development Agreement by and among the City, 400 Ice Harbor, LLC, and
Hodge Company, including the sale of the Parking Property as provided therein, is hereby
approved.
Section 3. The Mayor is authorized and directed to execute said Development Agreement
on behalf of the City of Dubuque.
Passed, approved, and adopted this 18th day of December, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
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.
RESOLUTION NO. 410-23
APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE
GREATER DOWNTOWN URBAN RENEWAL DISTRICT, VERSION 2023.4
Whereas, by Resolution 386-23 on November 20, 2023, the City Council of the City of
Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal
Plan (the "Amended and Restated Plan, Version 2023.4") for the Greater Downtown Urban
Renewal District (the "District"); and
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Whereas, the City of Dubuque's primary objective for the Amended and Restated Plan,
Version 2023.4, is to provide opportunities which will further economic development purposes
and objectives and remediate blighting conditions, and to address these objectives, additional
projects are being added as described in the Amended and Restated Plan; and
Whereas, a consultation process has been undertaken with affected taxing entities in ac-
cordance with Chapter 403 of the Code of Iowa with no written objections or recommended
changes to the Amended and Restated Plan, Version 2023.4, received; and
Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held
a public hearing on the proposed Amended and Restated Plan, Version 2023.4.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Amended and Restated Urban Renewal Plan, Version 2023.4, for the
Greater Downtown Urban Renewal District, on file in the City Clerk's Office and made refer-
ence to herein, is hereby approved.
Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and di-
rected to file a certified copy of this Resolution in the office of the Dubuque County Auditor.
Passed, approved, and adopted this 18th day of December, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
PUBLIC INPUT
Bradley Plummer, 1041 Shady Oaks Dr., read a letter that he submitted to the City Council
regarding Action Item No. 2, in which he expressed concern for the increased odor generated
from the Water & Resource Recovery Center.
City Clerk Breitfelder announced receipt of Mr. Plummer’s letter, as well as input from Jor-
dan 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 Dubu-
que Development Corporation (GDDC) and responded to a question from the City Council
regarding GDDC’s impact on the community. Motion carried 7-0.
2. Water & Resource Recovery Center Odor Abatement Efforts Update: Water & Re-
source 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 busi-
nesses both in and around the city because it’s a needed service. City Council Members
acknowledged the increase in odors and emphasized the need to address the odors swiftly.
City Council Members requested an update at the second City Council meeting in January.
Motion carried 7-0.
3. Central Avenue / White Street Truck Route Amend Commercial Motor Vehicles Ordi-
nance: Motion by Jones to receive and file the documents and that the requirement that a
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proposed ordinance be considered and voted on for passage at two Council meetings prior
to the meeting at which it is to be passed be suspended. Seconded by Sprank. Responding
to a question from the City Council, City Attorney Brumwell stated that the $50 fine for violating
the ordinance has been the fine amount for at least a decade. City Manager Van Milligen
stated that rebuilding the Central Avenue Corridor was not in the city’s five-year Capital Im-
provement 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 var-
ious factors that will im pact truck traffic on Central Avenue and White Street, including auto-
mated 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 Miscel-
laneous 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 1st, and that plans have been established with the Public Works Department to
address snow removal on the closed streets if necessary. City Council Members expressed
disappointment that the closed streets will not be reopened by January 1st and requested an
update at the first City Council meeting in January. Motion carried 7-0.
5. Agreement with Kwik Trip, Inc. - Kwik Trip, Inc. Convenience Store/Gas Station at Inter-
section of Seippel Road, and Airborne Road: Motion by Roussell to receive and file the doc-
uments and adopt Resolution No. 411-23 Approving an agreement between the City of Dubu-
que, Iowa and Kwik Trip, Inc. for construction of certain off-site public roadway and utility
improvements at the intersection of Seippel Road and Airborne Road related to the proposed
site improvements at said intersection. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 411-23
APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND KWIK
TRIP, INC. FOR CONSTRUCTION OF CERTAIN OFF-SITE PUBLIC ROADWAY AND
UTILITY IMPROVEMENTS AT THE INTERSECTION OF SEIPPEL ROAD AND AIR-
BORNE ROAD RELATED TO THE PROPOSED SITE IMPROVEMENTS AT SAID INTER-
SECTION
Whereas, Kwik Trip, Inc. (KTI) has proposed a development project (the Project) at the
intersection of Seippel Road and Airborne Road; and
Whereas, the City of Dubuque has determined that the Project will require certain improve-
ments to the public right of way of Seippel Road and Airborne Road and KTI agrees that such
improvements are reasonable and necessary; and
Whereas, the City of Dubuque has negotiated an Agreement, subject to City Council ap-
proval, with Kwik Trip, Inc. (KTI) for the construction of off-site public roadway and utility im-
provements at the intersection of Seippel Road and Airborne Road related to the proposed
private site improvements by KTI at the southeast quadrant of said intersection; and
Whereas, the City Council finds that it is in the best interest of the City of Dubuque to
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approve the Agreement attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Agreement attached hereto is hereby approved.
Section 2. The City Manager is authorized and directed to execute the Agreement on be-
half of the City of Dubuque and to take such action as may be necessary to carry out the
terms of the Agreement.
Passed, Approved, and Adopted this 18th day of December, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
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 Driver’s Permit. Seconded by Wethal. Motion
carried 7-0.
ORDINANCE NO. 56 - 23
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 7 VEHICLES FOR HIRE AND PUBLIC TRANSPOR-
TATION, ARTICLE B MOTORIZED VEHICLES FOR HIRE, SECTION 4-7B-8 TAXICAB
BUSINESS LICENSE AND TAXICAB DRIVER’S PERMIT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 4-7B-8 of the City of Dubuque Code of Ordinances is hereby amended
to read as follows:
4-7B-8: TAXICAB BUSINESS LICENSE AND TAXICAB DRIVER'S PERMIT:
. . . .
B. Driver's Permit Requirements; Fee:
. . . .
2. Application For Driver's Permit:
a. An application for a taxicab driver's permit must be filed with the city clerk's office
on a form provided by the city clerk.
b. An applicant operating a taxicab with a seating capacity of less than seven (7)
passengers must have, at a minimum, a valid Iowa class C noncommercial license
or equivalent license issued by another state to obtain a taxicab driver's permit. An
applicant operating a taxicab with a seating capacity of greater than seven (7) pas-
sengers must have, at a minimum, a valid Iowa class D chauffeur’s license or equiv-
alent license issued by another state to obtain a taxicab driver’s permit. Temporary
restricted licenses or work permit privileges are not sufficient to obtain a taxicab driv-
er's permit.
c. An applicant will be ineligible for a taxicab driver's permit if any of the following
apply:
(1) The applicant is restricted to operating motor vehicles equipped with an ig-
nition interlock device.
(2) The applicant's driving privileges have been suspended, revoked, barred,
canceled, denied, or disqualified in the prior three (3) year period.
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(3) The applicant has been convicted of more than three (3) moving violations
in the prior three (3) year period.
(4) The applicant has been convicted of violating section 321.218, 321.277, or
321J.21, or section 321A.32, subsection 1, in the prior three (3) year period.
(5) The applicant has been convicted in the prior seven (7) year period of a
felony, of violating section 321J.2 or 321J.2A, or of any crime involving injury to
another person, damage to the property of another person, or operating a vehicle
in a manner that endangers another person.
(6) The applicant is registered on the national sex offender registry.
d. The chief of police will investigate each applicant for a taxicab driver's permit
and a report of such investigation will be attached to the application for consideration
by the city clerk. Such report will state whether the applicant has, at a minimum, a
valid Iowa class D-3 chauffeur's license or equivalent license issued by another state.
. . . .
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 18th day of December, 2023.
Brad Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
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 organ-
izational 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 de-
partment. City Council Members expressed support for the Deputy Fire Chief position. Motion
carried 7-0.
9. Work Session Request: Travel Dubuque: Motion by Jones to schedule the work session
for February 5, 2024, at 6:00 p.m. Seconded by Roussell. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Jones reported on participating in the emergency services annual holiday
event at Hills and Dales.
Council Member Farber reported on speaking at the University of Dubuque’s Graduate
Physician Assistant Graduation Ceremony.
Mayor Cavanagh reported on his recent presentation on the Bee Branch Watershed to the
Mississippi River Cities and Towns Initiative (MRCTI)
CLOSED SESSION
Motion by Jones to convene in closed session at 9:09 p.m. to discuss Purchase or Sale of
Real Estate – Chapter 21.5(1)(j) Code of Iowa. Seconded by Roussell. Mayor Cavanagh
stated for the record that the attorney who will consult with City Council on the issues to be
discussed in the closed session is City Attorney Brumwell. Motion carried 7-0.
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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