01 18 22 City Council Proceedings Official_Regular1
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on January 18, 2022, in the
second-floor Council Chambers of the Historic Federal Building, 350 W. 6 th Street.
Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell, Sprank; City
Manager Van Milligen, City Attorney Brumwell.
Vacancy: Ward 4
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. COVID-19 Update: Public Health Specialist Mary Rose Corrigan provided an update on
the COVID-19 pandemic and response activities.
PROCLAMATION(S)
1. Dubuque Eagles "Eyes on the Future" Month (January 2022) was accepted by Michael
Duehr on behalf of the Dubuque Fraternal Order of the Eagles.
CONSENT ITEMS
Council Member Farber requested Item No. 16 be held for separate discussion. City Clerk
Breitfelder stated that public input was received from Katie Schoop, 1590 Earl Dr., regarding
Item No. 16. Motion by Jones to receive and file the documents, adopt the resolutions, and
dispose of as indicated, except Item No. 16. Seconded by Roussell. Motion carried 6-0.
1. Minutes and Reports Submitted: City Council Proceedings of 1/3; Human Rights
Commission of 11/8 and 12/13; Library Board of Trustees Minutes of 10/28 and 11/18; Library
Board of Trustees City Council Update of 12/16; Zoning Advisory Commission of 1/5; Zoning
Board of Adjustment of 12/16; Proof of publication for City Council Proceedings of 12/20; Proof
of publication for List of Claims and Summary of Revenues for Month Ended 11/30. Upon motion
the documents were received and filed.
2. Notice of Claims and Suits: Ron Klein for vehicle damage; Kathryn Moran for vehicle
damage; Travis Smith for vehicle damage. Upon motion the documents were received, filed,
and referred to the City Attorney.
3. Disposition of Claims: City Attorney advised that the following claims have been referred
to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Ron
Klein for vehicle damage; Kathryn Moran for vehicle damage; Travis Smith for vehicle damage.
Upon motion the documents were received, filed, and concurred.
2
4. Approval of City Expenditures: Upon motion the documents were received and filed, and
Resolution No. 13-22 Authorizing the Director of Finance and Budget/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. 13-22
AUTHORIZING THE DIRCTOR OF FINANCE AND BUDGET / CITY TREASURER TO MAKE
CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT
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 Finance Director-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 Finance Directo r-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 Finance Director-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 Finance
Director are hereby authorized and directed to provide the statement of receip ts and
disbursements to the City Council, and to publish a summary thereof.
Passed, approved, and adopted this 18th day of January, 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
5. Correspondence to State Legislators As They Prepare for 2022 Legislative Session: Upon
motion the documents were received and filed.
6. Dubuque Main Street Board of Directors and Executive/Organization Committee : Upon
motion the documents were received and filed.
7. Pre-Annexation Agreement - Edward A. Gau and Sandra J. Donovan: Upon motion the
documents were received and filed, and Resolution No. 14-22 Approving a Pre-Annexation
Agreement between the City of Dubuque, Iowa and Edward A. Gau and Sandra J. Donovan
was adopted.
RESOLUTION NO. 14-22
3
APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE,
IOWA AND EDWARD A. GAU AND SANDRA J. DONOVAN
Whereas, Edward A. Gau and Sandra J. Donovan , the owner of the following described
property located at 17107 Daisy Trail in Dubuque County, Iowa (the Property) have submitted
to the City Council of the city of Dubuque an application for voluntary annexation of the Property
to the City of Dubuque:
Lot 4 of Block 2 in Wildflower Ridge Subdivision in Dubuque Township, Dubuque
County, Iowa, according to the recorded plat thereof, subject to easements and
restrictions of record
Whereas, Edward A. Gau and Sandra J. Donovan has entered into a Pre-annexation
Agreement with the City of Dubuque, a copy of which is attached hereto governing the future
annexation of the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in
Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the P roperty is consistent with the Comprehensive Plan of the
City of Dubuque, necessary for the future orderly growth and development of the City of
Dubuque, and will promote efficient and cost-effective extension of municipal services; and
Whereas, the City Council finds that the annexation of the Property is in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre-annexation Agreement by and between Edward A. Gau and Sandra J.
Donovan and the City of Dubuque is hereby approved.
Passed, approved, and adopted this 18th day of January 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
8. Pre-Annexation Agreement - John R. Darrah Trust & Catherine A. Darrah Trust: Upon
motion the documents were received and filed, and Resolution No. 15-22 Approving a Pre-
Annexation Agreement between the City of Dubuque, Iowa and John R. Darrah Trust and
Catherine A Darrah Trust was adopted.
RESOLUTION NO. 15-22
APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE,
IOWA AND JOHN R. DARRAH TRUST AND CATHERINE A DARRAH TRUST
Whereas, John R. Darrah Trust and Catherine A. Darrah Trust, the owner of the following
described property located at 17121 Chicory Street in Dubuque County, Iowa (the Property)
have submitted to the City Council of the city of Dubuque an application for voluntary annexation
of the Property to the City of Dubuque:
Lot 2 of Wildflower Ridge Subdivision #2 in Dubuque County, Iowa, according to the
recorded plat thereof.
Whereas, John R. Darrah Trust and Catherine A. Darrah Trust has entered into a Pre-
annexation Agreement with the City of Dubuque, a copy of which is attached hereto governing
the future annexation of the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in
Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
4
Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the
City of Dubuque, necessary for the future orderly growth and development of the City of
Dubuque, and will promote efficient and cost-effective extension of municipal services; and
Whereas, the City Council finds that the annexation of the Property is in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre-annexation Agreement by and between John R. Darrah Trust and
Catherine A. Darrah Trust and the City of Dubuque is hereby approved.
Passed, approved, and adopted this 18th day of January 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
9. Pre-Annexation Agreement - Mikael C. and Abigayle Nielsen: Upon motion the documents
were received and filed, and Resolution No. 16-22 Approving a Pre-Annexation Agreement
between the City of Dubuque, Iowa and Mikael C. and Abigayle Nielsen was adopted.
RESOLUTION NO. 16-22
APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE,
IOWA AND MIKAEL C. AND ABIGAYLE NIELSEN
Whereas, Mikael C. and Abigayle Nielsen, the owner of the following described property
located at 17139 Chicory Street in Dubuque County, Iowa (the Property) have submitted to the
City Council of the city of Dubuque an application for voluntary annexation of the Property to the
City of Dubuque:
Lot 4 of Wildflower Ridge Subdivision #2 in Dubuque County, Iowa, according to the
recorded plat thereof
Whereas, Mikael C. and Abigayle Nielsen has entered into a Pre-annexation Agreement with
the City of Dubuque, a copy of which is attached hereto governing the future annexation of the
Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in
Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the P roperty is consistent with the Comprehensive Plan of the
City of Dubuque, necessary for the future orderly growth and development of the City of
Dubuque, and will promote efficient and cost-effective extension of municipal services; and
Whereas, the City Council finds that the annexation of the Property is in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre-annexation Agreement by and between Mikael C. and Abigayle Nielsen
and the City of Dubuque is hereby approved.
Passed, approved, and adopted this 18th day of January 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
10. Preliminary Plat of Country View Estates Plat 2: Upon motion the documents were
received, filed, and approved.
11. Five Flags Possible Referendum Dates in 2022 and 2023: Upon motion the documents
were received, filed, and referred to the Work Session scheduled for January 24, 2022.
5
12. Miller Riverview Campground Campsite Reservation Fee Increase: Upon motion the
documents were received, filed, and approved.
13. Four Mounds HEART Program Publication: Upon motion the documents were received
and filed.
14. Notice of Award and Grant Agreement Execution for Expansion of Four Mounds Pa rk:
Acquisition of Four Mounds Farm : Upon motion the documents were received, filed, and
approved.
15. Update on AmeriCorps Volunteer Generation Fund Grant: VolunteerDBQ : Upon motion
the documents were received and filed.
16. Falk Park: Resident Letters and Petition: Motion by Farber to receive and file the
documents and refer to the City Manager. Seconded by Sprank. City Council members thanked
the residents for signing the petition requesting additional cameras and lighting in Falk Park and
communicating their concerns to the City Council. City Council stated that referring the request
to the City Manager will initiate the process for addressing residents’ concerns. Motion carried
6-0.
17. JNK Properties Notice of Intent to Appeal Housing and Co mmunity Development
Department Assessment: Upon motion the documents were received, filed, and referred to the
City Manager.
18. Request for Release of Funds for Lead-Based Paint Hazard Control Grant: Upon motion
the documents were received and filed, and Resolution No. 17-22 Authorizing the Request for
Release of Funds for the 2021-2025 Lead Hazard Control and Healthy Homes Grant
#IALHB0773-21 was adopted.
RESOLUTION NO. 17-22
AUTHORIZING THE REQUEST FOR RELEASE OF FUNDS FOR THE 2021 -2025 LEAD
HAZARD CONTROL AND HEALTHY HOMES GRANT #IALHB0773-21
Whereas, the City of Dubuque applied for, and was awarded a Lead Hazard Control and
Healthy Homes grant in the amount of $4,275,681 for the performance period of November 1,
2021 – May 30, 2025; and
Whereas, a Tier I Environmental Review has been completed, pursuant to 24 CFR Part 58
for lead hazard control activities and healthy homes interventions; and
Whereas, notification of a seven-day comment period to allow for citizen and public agency
comments on the Tier I Environmental Review for this program will be published, and all
comments satisfactorily resolved prior to submitting the Request for Release of Funds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Request for Release of Funds attached hereto, shall be approved upon
the completion of the public comment period and resolution of all comments.
Section 2. The Certifying Officer is hereby authorized to direct staff to publish the Notice of
Intent of Request for Release of Funds for the 2021 Lead and Healthy Homes Grant and
authorize the Request for Release of Funds upon successful resolution of all public comments.
Passed, approved, and adopted this 18th day of January 2022.
Brad M. Cavanagh, Mayor
6
Attest: Adrienne N. Breitfelder, City Clerk
19. Delegation of Authority for Environmental Certifying Officer in Accordance with 24 CFR
Part 58: Upon motion the documents were received and filed, and Resolution No. 18-22
Delegating Authority for Environmental Certifying Officer was adopted.
RESOLUTION NO. 18-22
DELEGATING AUTHORITY FOR ENVIRONMENTAL CERTIFYING OFFICER
Whereas, the City of Dubuque Housing and Community Development Department receives
multiple sources of funding from the Federal Department of Housing and Urban Development;
and
Whereas, these funds are subject to environmental review, decision -making and action
responsibilities under the National Environmental Policy Act, and 24 CFR Part 58; and
Whereas, the Certifying Officer is responsible for authorizing the release of funds, certifying
environmental records, and representing the City of Dubuque in federal courts for the
enforcement of these responsibilities; and
Whereas, the Certifying Officer role is held by the highest -ranking official in the City of
Dubuque, Mayor Brad Cavanagh, and this responsibility may be delegated by formal resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Housing and Community Development Director, Alexis Steger, is delegated
the authority to act as the Certifying Officer for the City of Dubuque for all HUD funding and
environmental review requirements.
Section 2. This delegation shall be effective immediately and remain effective until revoked
by Mayor Cavanagh or until the end of his term in office.
Passed, approved, and adopted this 18th day of January 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
20. Fiscal Year 2022 Community Development Block Grant (CDBG)-CV Nonprofit Support
Grant Recommendations and Agreements: Upon motion the documents were received and
filed, and Resolution No. 19-22 Fiscal Year 2022 CDBG-CV Nonprofit Support Grant
Recommendations and Agreements was adopted.
RESOLUTION NO. 19-22
FISCAL YEAR 2022 CDBG-CV NONPROFIT SUPPORT GRANT RECOMMENDATIONS
AND AGREEMENTS
Whereas, the following non-profit organizations prepared and submitted requests to provide
support for human service programs in the City of Dubuque:
• Catholic Charities of the Archdiocese of Dubuque
• Riverview Center
• St. Mark Youth Enrichment
• Crescent Community Health Center
• Dubuque Rescue Mission
• Opening Doors; and
Whereas, the City Council approved the Grant Agreement for CDBG-CV funding awarded to
the City of Dubuque by Iowa Economic Development Authority; and
Whereas, the submissions have been approved by the Community Development Advisory
Commission on December 15th, 2021; and
Whereas, all services provided will be to a minimum of 51% low/moderate income residents
7
and provide activities related to the prevention, preparedness for, and response to the
coronavirus pandemic.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Funding Agreements, authorized by the Community Developm ent
Advisory Commission beginning January 18, 2022 for COVID Nonprofit Support Grants to the
aforementioned organizations be approved.
Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute
said Agreement and related documents on behalf of the City of Dubuque, Iowa.
Passed, approved, and adopted this 18th day of January 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
21. Award of Calendar Year 2022 Family Self Sufficiency Coordinator Grant : Upon motion
the documents were received and filed, and Resolution No. 20-22 Authorizing the Director of
Housing and Community Development to execute the Acceptance of the Notice of Award for the
HUD Family Self-Sufficiency Program Grant was adopted.
RESOLUTION NO. 20-22
AUTHORIZING THE DIRECTOR OF HOUSING AND COMMUNITY DEVELOPMENT TO
EXECUTE THE ACCEPTANCE OF THE NOTICE OF AWARD FOR THE HUD FAMILY
SELF-SUFFICIENCY PROGRAM GRANT
Whereas, the U.S. Department of Housing and Urban Development has published a Notice
of Funding Availability (NOFA) for the Family Self -Sufficiency Program to be utilized for the
salaries of program coordinators combining the funding for the FSS coordinators that serve
Housing Choice Voucher (HCV) participants and/or Pub lic Housing (PH) participants for
Calendar Year 2022; and
Whereas, the City of Dubuque has administered Project Self -Sufficiency since September
1987 that became the Family Self-Sufficiency (FSS) Program in July 1994; and
Whereas, the City of Dubuque has received funding for an FSS coordinator continuously from
1994 thru 2019, 2021 and 2022, and
Whereas, the City of Dubuque proposes to continue administering the FSS program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1: That the Director of Housing and Community Development is hereby authorized
and directed to execute the Notice of Award (HUD Form 1044) for the HUD FSS program grant.
Section 2: That the Director of Housing & Community Development is hereby authorized and
directed to forward said grant award and resulting standard executed contract to the respective
agencies in a timely fashion and as required by the U. S. Department of Housing and Urban
Development.
Passed, approved, and adopted this 18th day of January 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
22. Community Development Block Grant (CDBG) Funding Agreement - Mount Pleasant
Home Elevator Modernization: Upon motion the documents were received and filed, and
Resolution No. 21-22 Authorizing the Execution of Mount Pleasant Home CDBG Agreement
was adopted.
RESOLUTION NO. 21-22
8
AUTHORIZING THE EXECUTION OF MOUNT PLEASANT HOME CDBG AGREEMENT
Whereas, Mount Pleasant Home submitted an application for CDBG funding to replace their
elevator; and
Whereas, the City Council adopted the FY22 Budget, which includes Community
Development Block Grant funding; and
Whereas, the submission has been approved by the Community Development Advisory
Commission on July 21st, 2021, and an environmental review has been completed in
accordance with 24 CFR Part 58; and
Whereas, this service will benefit a minimum of 51% low/moderate income residents.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Funding Agreement, authorized by the Community Development Advisory
Commission beginning January 18, 2022, for the Mount Pleasant Home Elevator Replacement
be approved.
Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute
said Agreement and related documents on behalf of the City of Dubuque, Iowa.
Passed, approved, and adopted this 18th day of January 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
23. Termination of Emphasys Housing Choice Voucher (HCV) Software: Upon motion the
documents were received and filed, and Resolution No. 22-22 Authorizing the Director of
Housing and Community Development to execute a Termination Notice to Emphasys Software
for the City of Dubuque PHA Contract was adopted.
RESOLUTION NO. 22-22
AUTHORIZING THE DIRECTOR OF HOUSING AND COMMUNITY DEVELOPMENT TO
EXECUTE A TERMINATION NOTICE TO EMPHASYS SOFTWARE FOR THE CITY OF
DUBUQUE PHA CONTRACT
Whereas, the City of Dubuque PHA released an emergent RFP for new software to run the
HCV Program. A new contract with MRI Inc for Happy Pro software was approved by the City
Council in December 2021. The City of Dubuque wishes to issue a termination notice for the
Emphasys Software contract as of 3/1/23; and
Whereas, the City of Dubuque has entered into a yearly software contract with Emphasys
since 2011; and
Whereas, the City of Dubuque has experienced numerous technical issues and unresolvable
software glitches with Emphasys Software, and
Whereas, the City of Dubuque has entered into a contract for HCV Software with MRI Inc for
Happy Pro Software.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1: That the Director of Housing and Community Development is hereby authorized
and directed to execute the termination notice to Emphasys effective 3/1/2023.
Passed, approved, and adopted this 18th day of January 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
24. Authorization to Submit FY21/PY20 Community Development Block Grant Consolidated
Annual Performance and Evaluation Report (CAPER): Upon motion the documents were
received and filed, and Resolution No. 23-22 Authorizing the submission of a Consolidated
9
Annual Performance and Evaluation Report (CAPER) for the period commencing July 1, 2020
and concluding June 30, 2021 was adopted.
RESOLUTION NO. 23-22
AUTHORIZING THE SUBMISSION OF A CONSOLIDATED ANNUAL PERFORMANCE AND
EVALUATION REPORT (CAPER) FOR THE PERIOD COMMENCING JULY 1, 2020 AND
CONCLUDING JUNE 30, 2021
Whereas, the City of Dubuque, Iowa, is an entitlement grant recipient under the Community
Development Block Grant (CDBG) Program of the U.S. Department of Housing and Urban
Development (HUD); and
Whereas, the CDBG regulations require each entitlement recipient must submit a
performance and evaluation report, Consolidated Annual Performance and Evaluation Report
(CAPER); and
Whereas, the City has 1) prepared a CAPER for the program year commencing July 1, 2020
and concluding June 30, 2021; 2) published notice of availability of the CAPER in the Telegraph
Herald and City of Dubuque website on December 31, 2021 and; 3) made copies of the CAPER
available for public review; 4) will hold a public hearing pursua nt to required 15-days published
notice before the Community Development Advisory Commission on January 19, 2022.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Consolidated Annual Performance and Evalu ation Report (CAPER) for
the period commencing July 1, 2020, and concluding June 30, 2021, is hereby approved for
submission upon the completion of the Public Hearing to be held on January 19, 2022.
Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute
the Consolidated Annual Performance and Evaluation Report (CAPER) on behalf of the City of
Dubuque, Iowa.
Section 3. That the City Manager is hereby authorized to direct staff to submit the
Consolidated Annual Performance and Evaluation Report (CAPER) along with any public
comment to the U.S. Department of Housing and Urban Development.
Passed, approved, and adopted this 18th day of January 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
25. Design of Water Department Operations SCADA System Upgrade Project 2022 : Upon
motion the documents were received, filed, and approved.
26. Granger Creek Lift Station Upgrade Project: Engineering Services: Upon motion the
documents were received, filed, and approved.
27. Tamarack Sanitary Sewer Extension Project: Engineering Services : Upon motion the
documents were received, filed, and approved.
28. Twin Ridge Sanitary Sewer Extension Project: Engineering Services: Upon motion the
documents were received, filed, and approved.
29. US Highway 61-151 Bridge Abutment Replacement Project: Iowa Department of
Transportation - Local Road Detour Agreement: Upon motion the documents were received and
filed, and Resolution No. 24-22 Approving an Agreement for DOT initiated detour of primary
highways onto local roads with the Iowa Department of Transportation for the US Highway 61 -
151 Bridge Abutment Replacement Project was adopted.
10
RESOLUTION NO. 24-22
APPROVING AN AGREEMENT FOR DOT INITIATED DETOUR OF PRIMARY HIGHWAYS
ONTO LOCAL ROADS WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR THE
US HIGHWAY 61-151 BRIDGE ABUTMENT REPLACEMENT PROJECT
Whereas, the Iowa Department of Transportation is proceeding with a Bridge Abutment
Replacement Project on US Highway 61-151; and
Whereas, due to the required construction staging and the head -to-head 2-way highway
traffic lane shift work zone, this will require the temporary closure of the US 61/151 Grandview
northbound on ramp; and
Whereas, Due to the head-to-head 2-way highway traffic lane shift work zone near the Locust
Connector intersection, this will require the temporary closure of the US 61-151 / Central Avenue
on ramp at Fourth Street; and
Whereas, due to the temporary on ramp road closures, South Grandview Avenue b etween
US61-151 to US20 and Central Avenue to 9th street will serve as the designated detour routes
for vehicular traffic.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That said Agreement for Use of Local Agency Roads with the Iowa Department of
Transportation is hereby approved for the US Highway 61 -151 Bridge Abutment Replacement
Project.
Section 2. That the Mayor be authorized and directed to execute said Agreement for Use of
Local Agency Roads with the Iowa Department of Transportation for the US Highway 61-151
Bridge Abutment Replacement Project.
Passed, approved, and adopted this 18th day of January 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
30. Iowa Department of Transportation Supplemental Agreements: Traffic Line and Symbol
Pavement Markings - Annual Maintenance of Intersection Traffic Signals and Cabinets : Upon
motion the documents were received, filed, and approved.
31. United States Environmental Protection Agency Emerging Mobility Building Blocks
Technical Assistance - Next Steps Action Plan: Upon motion the documents were received and
filed.
32. U.S. 52 / Southwest Arterial ITS Corridor: Amendment to Cooperative Funding Agreement
with Iowa DOT: Upon motion the documents were received and filed, and Resolution No. 25-22
Approving an amendment to the Cooperative Funding Agreement (Agreement No. 2020 - 16-
033A) with the Iowa DOT for the development and implementation of an Intelligent
Transportation System along the U.S. 52 / Southwest Arterial Corridor was adopted.
RESOLUTION NO. 25-22
APPROVING AN AMENDMENT TO THE COOPERATIVE FUNDING AGREEMENT
(AGREEMENT NO. 2020-16-033A) WITH THE IOWA DOT FOR THE DEVELOPMENT AND
IMPLEMENTATION OF AN INTELLIGENT TRANSPORTATION SYSTEM ALONG THE U.S.
52 / SOUTHWEST ARTERIAL CORRIDOR
Whereas, on April 6, 2020, the Mayor and City Council approved and executed a Cooperative
Funding Agreement (Resolution 102-20) between Iowa Department of transportation (Iowa
DOT) and the City of Dubuque for the development and implementation of an Intelligent
11
Transportation System (ITS) along the U.S. 52 / Southwest Arterial Corridor; and
Whereas, due to the anticipated higher project cost, an Amendment to the original
Cooperative Funding Agreement is necessary to increase the reimbursement amount by an
additional $400,000; and
Whereas, Iowa DOT and the City wish to Amend said Agreement to revise and increase the
reimbursement amount from $1,500,000 to $1,900,000; and
Whereas, all other terms and conditions of the Cooperative Funding Agreement remain
unchanged.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Section 1. That the Amendment to the Cooperative Funding Agreement is hereby approved.
Section 2. That the Mayor be authorized and directed to execute said Amendment to the
Cooperative Funding Agreement.
Passed, approved, and adopted this 18th day of January 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
33. Liquor License Renewals: Upon motion the documents were received and filed, and
Resolution No. 26-22 Approving applications for beer, liquor, and/or wine permits, as required
by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapte r 2
Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted.
RESOLUTION NO. 26-21
APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS
REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND
LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, BEER
AND WINE LICENSES AND PERMITS
W hereas, applications for Beer, Liquor, and or W ine Permits have been submitted and filed
with the City Council for approval, and the same have been examined, provisionally approved,
and/or approved; and
W hereas, 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, IOW A THAT:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted
permit types to the following applicants pending submission of the locally required
documentation:
New Applications
Boaz, 1689 Elm St.
Renewals
Casey's General Store 3473, 1072 Cedar Cross Rd.
Dubuque Religious Center, Inc., 923 Main St.
EZ Stop 1, 1101 Rhomberg Ave.
Gin Rickeys, 1447 Central Ave.
Hartig Drug Company 4, 2225 Central Ave.
Steeple Square, 101 E 15th St.
Third Corner, 210 W 1st St.
12
Passed, approved, and adopted this 18th day of January 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Resnick to receive and file the documents, adopt the resolutions, and set the public
hearings as indicated. Seconded by Sprank. Motion carried 6-0.
1. Resolution Setting a Public Hearing on a Proposed Development Agreement between the
City of Dubuque, Iowa and Klauer Manufacturing Company for the Issuance of Urban Renewal
Tax Increment Revenue Grant Obligations Pursuant to the Development Agreement : Upon
motion the documents were received and filed and Resolution No. 27-22 Fixing the date for a
public hearing of the City Council of the City of Dubuque, Iowa on the proposed Development
Agreement between the City of Dubuque and Klauer Manufacturing Company, including the
proposed issuance of Urban Renewal Tax Increment Revenue Grant Obligations to Klauer
Manufacturing Company, and providing for the publication of notice thereof was adopted setting
a public hearing for a meeting to commence at 6:30 p.m. on February 7, 2022 in the Historic
Federal Building.
RESOLUTION NO. 27-22
FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA ON THE PROPOSED DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF DUBUQUE AND KLAUER MANUFACTURING COMPANY, INCLUDING THE
PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE GRANT
OBLIGATIONS TO KLAUER MANUFACTURING COMPANY, AND PROVIDING FOR THE
PUBLICATION OF NOTICE THEREOF
Whereas, Klauer Manufacturing Company is the owner of the following described real
property:
Lots 8 and 9 in Block 1 in “River Front Subdivision No. 5” in the City of Dubuque,
Iowa, subject to all existing easements for waterlines, sewer lines and for utilities,
together with and subject top right of ingress and egress repair, inspect and maintain
the same;
Lot 2 of Lot 1 of Block 1 in “Riverfront Subdivision No. 5” consisting of 0.2 23 acres,
more or less, all in the City of Dubuque, Iowa according to the recorded plats thereof,
together with and subject to all existing easements to public utilities and together with
right of ingress and egress therefrom to repair and maintain the sam e;
Lots 6 and 7 in Block 1, in of “River Front Subdivision No. 5”, in the City of Dubuque,
Iowa, according to the recorded plats thereof. Subject to easements of record;
Lot 2 of Subdivision of Lot 1 of Lot 1 of Lot 1, Block 1 “Riverfront Subdivision #5”, in
the City of Dubuque, Iowa;
; and
Lot 5, in Block 1, in “River Front Subdivision No. 5” in the City of Dubuque, Iowa,
according to the recorded plat thereof, subject to easements of record.
(the Property)
; and
Whereas, City of Dubuque, Iowa (City) and Klauer Manufacturing Company have entered
into a Development Agreement, subject to the approval of the City Council, pursuant to which
Klauer Manufacturing Company will construct on the Property certain Improvements described in
the Development Agreement; and
13
Whereas, the City Council has tentatively determined that it would be in the best interests of
City to approve the Development Agreement; and
Whereas, the Development Agreement provides for the issuance by City of economic
development grants to Klauer Manufacturing Company, referred to therein as Urban Renewal
Tax Increment Revenue Grant Obligations, payable from the tax increment revenues collected
in respect of the Improvements to be constructed by Klauer Manufacturing Company in
accordance with the Development Agreement, for the purpose of carrying out the objectives of
an Urban Renewal Plan as hereinafter described; and
Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa requires
that the City Clerk publish a notice of the proposal and of the time and place of the meeting at
which the City Council proposes to take action thereon and at which meeting the City Council
shall receive oral and/or written objections from any resident or property owner of said City to
such proposed action.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause this Resolution and a
Notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City
Council’s intent to approve the proposed Development Agreement, to be held on the 7 th day of
February, 2022 at 6:30 p.m.
Section 2. The City Council will also meet at said time and place for the purpose of taking
action on the matter of authorizing Urban Renewal Tax Increment Revenue obligations, the
proceeds of which obligations will be used to carry out certain of the special financing activities
described in the Urban Renewal Plan for the Greater Downtown Urban Renewal Area Economic
Development District, consisting of the funding of economic development grants to Klauer
Manufacturing Company, pursuant to the Development Agreement under the terms and
conditions of said Urban Renewal Plan. It is expected that the aggregate amount of the Tax
Increment Revenue obligations will be approximately $1,587,632.
Section 3. The City Clerk is hereby directed to cause at least one publication to be made of
a notice of said meeting, in a newspaper, printed wholly in the English language, published at
least once weekly, and having general circulation in said City, said publication to be not less
than four days nor more than twenty days before the date of said meeting on the disposal of the
City’s interest in the Property and the issuance of said obligations.
Section 4. That the Notice of the proposed action shall be in substantially the form attached
hereto.
Passed, approved, and adopted this 18th day of January, 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
2. Set for Public Hearing - Amending Precinct 15 Boundary Description: Upon motion the
documents were received and filed and Resolution No. 28 -22 Setting a public hearing on
amending Title 1 Administration of the City of Dubuque Code, by amending Chapter 8 Elections,
Precincts and Wards, by updating Section 18: Precinct 15 Boundar y Description to reflect the
2021 Wards & Precincts Redistricting Plan was adopted setting a public hearing for a meeting
to commence at 6:30 p.m. on February 7, 2022 in the Historic Federal Building.
RESOLUTION NO. 28-22
SETTING A PUBLIC HEARING ON AMENDING TITLE 1 ADMINISTRATION OF THE CITY
OF DUBUQUE CODE, BY AMENDING CHAPTER 8 ELECTIONS, PRECINCTS AND
WARDS, BY UPDATING SECTION 18: PRECINCT 15 BOUNDARY DESCRIPTION TO
REFLECT THE 2021 WARDS & PRECINCTS REDISTRICTING PLAN
14
Whereas, the City Council approved Ordinance 43-21 which amended Chapter 8 elections,
Precincts and Wards by updating precinct boundaries to reflect the 2021 Wards & Precincts
Redistricting Plan; and
Whereas, after consultation with the Secretary of State’s Office and Dubuque County
Auditor’s Office, it has been determined that there is a minor error in the boundary description
for Precinct 15; and
Whereas, the amendment must be approved by ordinance after a public hearing.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY O F
DUBUQUE, IOWA:
A public hearing will be held on the 7 th day of February, 2022, at 6:30 p.m. in the Historic
Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa, at
which time interested persons may appear and be heard for or against the proposed amendment
to the boundary description of Precinct 15, 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
general circulation in the City of Dubuque, Iowa.
Passed, approved and adopted this 18th day of January 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
3. Resolution of Necessity for the Proposed Amended and Restated Urban Renewal Plan for
the Greater Downtown Urban Renewal District, Version 2022.1: Upon motion the documents
were received and filed and Resolution No. 29-22 Authorizing and directing the City Manager to
prepare an Amended and Restated Urban Renewal Plan, Version 2022.1 for the Gre ater
Downtown Urban Renewal District and setting the date for a public hearing and consultation on
the proposed Amended and Restated Urban Renewal Plan, Version 2022.1 for said district was
adopted setting a public hearing for a meeting to commence at 6:30 p.m. on February 21, 2022
in the Historic Federal Building.
RESOLUTION NO. 29-22
AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN AMENDED AND
RESTATED URBAN RENEWAL PLAN, VERSION 2022.1 FOR THE GREATER DOWNTOWN
URBAN RENEWAL DISTRICT AND SETTING THE DATE FOR A PUBLIC HEARING AND
CONSULTATION ON THE PROPOSED AMENDED AND RESTATED URBAN RENEWAL
PLAN, VERSION 2022.1 FOR SAID DISTRICT
Whereas, the City Council of the City of Dubuque has heretofore approved the Amended and
Restated Urban Renewal Plan (the “Plan” or “Urban Renewal Plan”) for the Greater Downtown
Urban Renewal District (the “District”) in order to provide redevelopment opportunities which will
further the purposes and objectives of the Urban Renewal Plan; and
Whereas, City staff has recommended that the Urban Renewal Plan be further amended and
restated to remove property from the North Kerper Subarea of the District; and
Whereas, a map and legal description are attached to this Resolution identifying that certain
property that is to be removed from the North Kerper Subarea of the District; and
Whereas, Iowa Code Chapter 403 requires that before an Urban Renewal Plan may be
modified, the City Council must follow the notification, consultation, and public hearing process
set forth herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Manager is authorized and directed to prepare an Amended and
Restated Urban Renewal Plan, Version 2022.1 for the Greater Downtown Urban Rene wal
District to accomplish the foregoing purposes and objectives, to include in such Amended and
15
Restated Urban Renewal Plan, Version 2022.1 any appropriate project activities and details, to
determine an appropriate date for and conduct the consultation p rocess required by law with
affected taxing entities concerning the proposed Amended and Restated Plan, Version 2022.1.
Section 2. That the City Clerk is directed to publish notice of a public hearing on the adoption
of an Amended and Restated Urban Renewa l Plan, Version 2022.1 for the Greater Downtown
Urban Renewal District to be held on the 21st day of February, 2022, at 6:30 p.m. in the form
attached hereto. The notice of said hearing shall generally identify the areas covered by the
proposed Amended and Restated Urban Renewal Plan, Version 2022.1 and the general scope
of the urban renewal activities planned for such areas and said notice shall be published in a
newspaper having general circulation 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 3. That the Economic Development Director is directed to send by ordinary mail a
copy of the proposed Amended and Restated Urban Renewal Plan, Version 2022.1, the notice
of public hearing, a notice of consultation, and, to the extent the Amended and Restated Urban
Renewal Plan, Version 2022.1 includes the use of tax increment revenues for a public building,
an analysis of alternative development and funding 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 18th day of January 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
4. Resolution of Necessity for the Proposed Amended and Restated Urban Renewal Plan for
the Greater Downtown Urban Renewal District, Version 2022.2 : Upon motion the documents
were received and filed and Resolution No. 30-22 Authorizing and directing the City Manager to
prepare an Amended and Restated Urban Renewal Plan, Version 2022.2 for the Greater
Downtown Urban Renewal District and setting the date for a public hearing and consultation on
the proposed Amended and Restated Urban Renewal Plan, Version 2022.2 for said district was
adopted setting a public hearing for a meeting to commence at 6:30 p.m. on February 21, 2022
in the Historic Federal Building.
RESOLUTION NO. 30-22
AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN AMENDED AND
RESTATED URBAN RENEWAL PLAN, VERSION 2022.2 FOR THE GREATER DOWNTOWN
URBAN RENEWAL DISTRICT AND SETTING THE DATE FOR A PUBLIC HEARING AND
CONSULTATION ON THE PROPOSED AMENDED AND RESTATED URBAN RENEWAL
PLAN, VERSION 2022.2 FOR SAID DISTRICT
Whereas, the City Council of the City of Dubuque has heretofore approved the Amended and
Restated Urban Renewal Plan (the “Plan” of “Urban Renewal Plan”) for the Greater Downtown
Urban Renewal District (the “District”) in order to provide redevelopment opportunities which will
further the purposes and objectives of the Urban Renewal Plan; and
Whereas, City staff has recommended that the Urban Renewal Plan be further amended and
restated to expand the District; and
Whereas, a map and legal description are attached to this Resolution identifying that certain
property that is to be added to the District and designated as the Roosevelt Street Subarea; and
Whereas, Iowa Code Chapter 403 requires that before an Urban Renewal Plan may be
modified, the City Council must follow the notification, consultation, and public hearing process
set forth herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
16
DUBUQUE, IOWA:
Section 1. That the City Manager is authorized and directed to prepare an Amended and
Restated Urban Renewal Plan, Version 2022.2 for the Greater Downtown Urban Renewal
District to accomplish the foregoing purposes and objectives, to include in such Amended and
Restated Urban Renewal Plan, Version 2022.2 any appropriate project activities and details, to
determine an appropriate date for and conduct the consultation process required by law with
affected taxing entities concerning the proposed Amended and Restated Plan, Version 2022.2.
Section 2. That the City Clerk is directed to publish notice of a public hearing on the adoption
of an Amended and Restated Urban Renewal Plan, Version 2022.2 for the Greater Downtown
Urban Renewal District to be held on the 21st day of February, 2022, at 6:30 p.m. in the form
attached hereto. The notice of said hearing shall generally identify the areas covered by the
proposed Amended and Restated Urban Renewal Plan, Version 2022.2 and the general scope
of the urban renewal activities planned for such areas and said notice shall be published in a
newspaper having general circulation 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 3. That the Economic Development Director is directed to send by ordinary mail a
copy of the proposed Amended and Restated Urban Renewal Plan, Version 2022.2, the notice
of public hearing, a notice of consultation, and, to the extent the Amended and Restated Urban
Renewal Plan, Version 2022.2 includes the use of tax increment revenues for a public building,
an analysis of alternative development and funding 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 18th day of January 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
BOARDS/COMMISSIONS
1. Boards and Commission Applicant Review: Applications were reviewed for the following
Boards and Commissions. Applicants were invited to address the City Council regarding their
desire to serve on the following Boards/Commissions.
i. Historic Preservation Commission: One, 3-year term through July 1, 2023 (Vacant
Langworthy term of Cassill) and one, 3-year term through July 1, 2024 (Expired At-Large term
of Clark). Applicants: Melissa Cassill, 1941 Coates St. - qualifies for At-Large opening; Thea
Dement, 375 Alpine St. - qualifies for Langworthy opening. This commission is subject to the
State of Iowa Gender Balance Law. 9 Commissioners total; currently 5 males/2 females/2
openings
2. Boards and Commission Applicant Appointment s: Appointments were made to the
following boards/commissions:
i. Equity and Human Rights Commission: One, 3-Year term through January 1, 2023 (Vacant
term of Jackson); Three, 3-Year terms through January 1, 2025 (Expired terms of Anderson,
Birch, and Kurczek). Applicants: Carla Anderson, 1131 Main St.; Danita Grant, 2479 LaVista
Ct.; Maitha Jolet, 1911 Johnson St.; Jake Kurczek, 1110 Victoria St. (Specifically applying for
2023 vacant term of Jackson); Dereka Williams, 2172 Hodgden St. This commission is subject
to the State of Iowa Gender Balance Law. 9 Commissioners total; currently 3 males/5 females/1
opening. Upon roll call vote, Mr. Kurczek was appointed to the three-year term through January
17
1, 2023. Mr. Kurczek received all 6 votes. Upon roll call vote, Ms. Williams and Mr. Jolet were
appointed to two of the three-year terms through January 1, 2025. Ms. Williams received five
votes (Sprank, Resnick, Jones, Roussell, and Cavanagh), and Mr. Jolet received five votes
(Farber, Sprank, Jones, Roussell, Cavanagh). During the same roll call vote, Ms. Anderson and
Ms. Grant both received four votes for the remaining three-year term (Farber, Resnick, Roussell,
and Cavanagh for Anderson; and Farber, Sprank, Resnick, and Jones for Grant). Upon an
additional roll call vote, Ms. Grant was appointed to the remaining three -year term through
January 1, 2025. Ms. Grant received 4 votes (Farber, Sprank, Resnick, and Jones) and Ms.
Anderson received the remaining 2 votes.
ii. Investment Oversight Advisory Commission: One, 3-Year term through July 1, 2024
(Vacant term of Schilz) Applicant: Tom Major, 2768 Hickory Hill Ct. Motion by Jones to appoint
Mr. Major to the three-year term through July 1, 2024. Seconded by Farber. Motion carried 6-0.
PUBLIC HEARINGS
1. Request to rezone 2571 John F. Kennedy Road: 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 Resnick. Planning Services Manager Wally Wernimont provided a staff report and
responded to a question from the City Council regarding permitted uses for the property. Motion
carried 6-0.
Motion by Jones for final consideration and passage of Ordinance No. 1-22 Amending Title
16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying
hereinafter described property located at 2571 John F. Kennedy Road from OR Office
Residential District To C-3 General Commercial District with conditions as established in the
attached Memorandum of Agreement. Seconded by Resnick. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 1-22
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED
DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY
LOCATED AT 2571 JOHN F. KENNEDY ROAD FROM OR OFFICE RESIDENTIAL DISTRICT
TO C-3 GENERAL COMMERCIAL DISTRICT WITH CONDITIONS AS ESTABLISHED IN THE
ATTACHED MEMORANDUM OF AGREEMENT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, the Unified Development
Code, is hereby amended by reclassifying the hereinafter-described property from OR Office
Residential District to C-3 General Commercial District with conditions, to wit:
Lot 2-1-2 of E 2.00 AC of Lot 1 of J P Mettels Sub No. 2 and Lot 2 -1-1-2 E 2.00 AC
of 1 J P Mettels Sub No. 2 in the City of Dubuque, Iowa, according to the recorded
plats thereof, subject to easements of record and to the centerline of the adjoining
public right-of-way, all in the City of Dubuque, Iowa.
Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect immediately upon publication, as provided by law.
Passed, approved and adopted this 18th day of January 2022.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
18
Published officially in the Telegraph Herald newspaper on the 21st day of January, 2022.
/s/Adrienne N. Breitfelder, City Clerk
2. Request to rezone the Northwest Corner of the Intersection of Southwest Arterial and
Tamarack Drive: 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 t o be passed be suspended. Seconded by Sprank. Planning
Services Manager Wally Wernimont provided a staff report and confirmed that a super majority
vote is required to pass this ordinance based on the percentage of written opposition received
from property owners. Nick Thompson, 10156 Military Road; Christi Wertzberger, 9762 Katie
Cove; Steve Peters, 9878 Katie Cove; and Jacob Boyd, 10798 Shagbark Rd., all virtually spoke
in opposition to the rezoning. City Clerk Breitfelder stated that written public input was received
by Tim Conlon, Vice-chair and CEO of Conlon Construction Co. Ms. Breitfelder also stated that
Jack McCullough, of McCullough Creative, Inc., submitted two petitions opposing the rezoning
and development. The petitions were submitted for the N ovember 1, 2021, public hearing to
approve the voluntary annexation of the property to the City of Dubuque, and since the petitions
specifically mention rezoning they were included as public input for this public hearing. Mr.
Wernimont responded to questions from the City Council regarding land grading, landscaping
requirements, and the notices provided to property owners. City Manager Van Milligen
responded to a question from the City Council regarding water connection to Silver Oaks and
Tamarack subdivisions. City Council members expressed support for the rezoning, stating that
resident questions and concerns would be addressed by moving forward in this process. Motion
carried 6-0.
Motion by Jones for final consideration and passage of Ordinance No. 2-22 Amending Title
16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying
hereinafter described property located North of Tamarack Drive and West of the Southwest
Arterial from AG Agricultural District to PI Planned Industrial Designation for the Dubuque
Industrial Center Crossroads. Seconded by Sprank. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 2-22
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED
DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY
LOCATED NORTH OF TAMARACK DRIVE AND WEST OF THE SOUTHWEST ARTERIAL
FROM AG AGRICULTURAL DISTRICT TO PI PLANNED INDUSTRIAL DESIGNATION FOR
THE DUBUQUE INDUSTRIAL CENTER CROSSROADS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, is hereby amended by reclassifying the hereinafter described property from AG
Agricultural District to PUD Planned Unit Development District with a PI Planned Industrial
designation and adopting a conceptual development plan, a copy of which is attached to and
made a part hereof, for the Dubuque Industrial Center Crossroads as stated below, to wit:
Lot 2 of Wertzberger Acres No. 3, in Table Mound Township, Dubuque County,
Iowa, according to the recorded Plat thereof; and
The Southwest 1/4 of the Northeast 1/4, Lot 1 of the Northwest 1/4 of the
Northeast 1/4, Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4, and Lot 2
of the Southeast 1/4 of the Northeast 1/4, in Section 14, Township 88 North,
Range 2 East of the 5th P.M., in Dubuque County, Iowa, according to United
States Government Survey and the recorded Plats thereof, excepting therefrom
19
that land acquired for highway right of way by the Iowa Department of
Transportation known as Lot A of Lot 1 of the Northwest 1/4 of the Northeast 1/4
and of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the
Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North, Range
2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 11.95 acres
and as shown and described in the Warranty Deed filed as Instrument Number
2010-00003964 in the Dubuque County Recorder’s Office, and excepting
therefrom that land acquired for highway right of way by the Iowa Department of
Transportation known as Lot B of Lot 1 of Lot 1 of the Northeast 1/4 of the
Northeast 1/4 and of Lot 2 of the Southeast 1/4 of the Northeast 1/4, all in
Section 14, Township 88 North, Range 2 East of the 5th P.M., County of
Dubuque, State of Iowa, containing 0.62 acres and as shown and described in
the Warranty Deed filed as Instrument Number 2011-00011776 in the Dubuque
County Recorder’s Office, and to the centerline of the adjoi ning public right-of-way,
all in the City of Dubuque, Iowa
Section 2. Attached hereto and made a part of this zoning reclassification approval is the
Conceptual Development Plan for the Dubuque Industrial Center Crossroads Planned Unit
Development marked Exhibit A. It is recognized that minor shifts or modifications to the general
plan layout may be necessary and compatible with the need to acquire workable street patterns,
grades, and usable building sites. The general plan layout, including the relation ship of land
uses to the general plan framework and the development requirements shall be used as the
implementation guide.
A Definitions
1) Building-related Features
Building-related features are defined as all construction items which rise above the
grade surface of the lot. These include:
a) The primary building.
b) All accessory or secondary buildings.
c) All exterior storage areas.
d) Exterior refuse collection areas.
e) Exterior mechanical equipment.
f) Containerized or tank storage of liquids, fuels, gases and other materials.
2) Vehicle-related Features
Vehicle-related features are defined as all areas used for the movement and parking of
all vehicles within the lot. These include:
a) Employee and visitor parking spaces.
b) Driveways from the street right-of-way line to and from parking spaces.
c) Loading spaces outside of the building.
d) Maneuvering spaces outside the building.
e) Parking spaces for company-owned commercial vehicles.
f) Fire lanes.
g) Railroad tracks.
3) Open Space Features
Open space features are defined as those exterior areas and developed features of the
lot which include:
a) Landscape space containing lawn areas and plantings.
b) Paved hard-surfaced pedestrian areas such as walkways, plazas, entryways, and
courtyards.
c) Storm water management facilities not otherwise used for building -related or
vehicle-related purposes.
20
d) Open recreation areas and recreational trails.
e) Other non-building and non-vehicular related space.
B. Use Regulations
1) Principal permitted uses shall be limited to:
a) Railroad and public or quasi-public utilities.
b) Corporate offices.
c) Mail order houses.
d) Printing and publishing.
e) Laboratories for research and engineering.
f) Moving/storage facilities.
g) Wholesale sales/distributor.
h) Freight transfer facilities.
i) Fuel and ice dealers.
j) Cold storage/locker plants.
k) Packing and processing of meat, dairy or food products, not to include stockyards
or slaughter houses.
l) Compounding, processing and package of chemical products.
m) Manufacture, assembly, repair or storage of electrical and electronic products,
components or equipment.
n) Warehousing and storage facilities, not to include mini-warehouses.
o) Manufacturing, processing, fabrication, assembling, packaging or other
comparable treatment of goods or materials.
2) Conditional uses shall be limited to the following:
a) Day care center, within a primary office/industrial building or as an accessory
structure on the same lot. Day care centers are subject to state regulations and
requirements of Article 8-5-10, Licensed Child Care Center, of the Unified
Development Code.
3) Accessory uses shall be limited to the following:
a) Retail outlets within a primary office/industrial building, selling products produced
on-site and only as accessory to the principal use.
a) Any use customarily incidental and subordinate to th e principal use it serves.
4) Temporary uses shall be limited to the following:
Any use listed as a permitted use within the PUD District of a limited duration as
established in Article 3-19 and as defined in Article 2-3 of the Unified Development
Code.
5) The provision of off-street parking shall be regulated by Article 14 of the City of
Dubuque’s Unified Development Code.
C. Lot Bulk Regulations
Development of land shall be regulated as follows:
1) All building structures and activities shall be located in conformance with the attached
conceptual development plan and all final site development plans shall be approved in
accordance with provisions of this ordinance and Article 12 of the Unified Develo pment Code.
2) All building-related features shall be in accordance with the following bulk regulations
chart:
Minimum
lot area
in acres
Lot
frontage
minimum
feet
Front
yard
setback
minimum
feet
Side
yard
setback
minimum
feet
Rear
yard
setback
minimum
feet
Building
height
maximum
feet
2 acres 100 50 25 50 100
21
a) Lots smaller than minimum will be allowed if the parcel is consolidated or
combined with a larger lot. Substations for public and quasi-public utilities shall be exempt
from lot frontage and lot area requirements.
b) Maximum lot coverage shall be 80 percent. All building and vehicle related
features shall be considered when calculating total land area coverage, except fire lanes
and railroad tracks.
c) Maximum building height shall be as stipulated in the bulk regulations chart above,
except the following may exceed the height limit: cooling towers, condensers, elevator
bulkheads, stacks and other necessary mechanical equipment and their protective
housing. Heating, ventilating and air conditioning (HVAC) equipment is limited to 10 feet
above height limitation.
d) Within required front, side and rear setbacks, only driveways, fire lanes, railroad
tracks, open space features and primary and secondary signage are allowed. Parking lots
may encroach up to 50% into the required front yard setback.
D. Parking and Loading Regulations
1) All vehicle-related features, except for railroad tracks, shall be surfaced with either
asphalt or concrete.
2) All parking and loading spaces shall be delineated on the surfacing material by
painted stripes or other permanent means.
3) The number, size and design of parking spaces shall be governed by applicable
provisions in Articles 13 and 14 of the City of Dubuque Unified Development Code.
4) The number, size and design and location of parking spaces designated for persons
with disabilities shall be according to the local, state or federal requirements in effect at
the time of development.
5) The location and number of private driveway intersections with public streets shall be
reviewed and approved by the City Engineer.
6) No on-street maneuvering of delivery vehicles will be allowed on any street. Lots
shall provide all necessary maneuvering space for delivery vehicles within the boundaries
of the lots.
7) All loading docks for shipping and receiving raw and manufactured goods shall be
designed to provide for the direct movement of goods between the delivery vehicle and
the interior of the building.
E. Exterior Storage Regulations
Exterior storage shall be in accordance with the following regulations:
Allowable
Products
Store
Allowable
Location
Allowable
Screening
Materials
Minimum
Opacity
Maximum
Height of
Screening
Raw or finished
goods;
equipment
Rear or
side yards
Similar to
building
color
50% 12 feet
1) Exterior storage of materials, which could be blown into the air or strewn about by
the wind, shall be prohibited.
2) Exterior storage, where allowed, shall not encroach into a front yard. A front yard
may exceed the required front yard setback.
3) The ground area coverage of exterior storage areas shall be the area contained
inside the required screening. This area shall be considered to be a building -related
feature for purposes of calculating total land area coverage.
22
4) Exterior storage must be screened from view from adjacent public right-of-way.
5) The screening height shall be measured from the ground level outside the line of the
screen. Screens built on sloping grades shall be stepped so that their top line shall be
horizontal.
6) Required screening is intended to buffer surrounding property from the negative
visual impact created by the storage of raw or finished goods, materials and equipment
that can adversely impact the value of adjacent property.
7) The City Planner may grant a waiver for screening to exceed t he maximum height
allowed, when topography or height of individual finished products or equipment could
make it impossible to completely screen a storage area from every vantage point. The
City Planner may not grant waiver in maximum screening height for raw materials or
stacked goods.
8) All exterior entrances to a screened storage area shall be provided with a gate or
door of similar design to that of the screen.
9) Long-term storage of products or materials in semi-trailers or shipping containers is
prohibited.
F. Exterior Trash Collection Area Requirements
1) Exterior trash collection areas shall include collection bins, dumpsters, and similar
waste receptacles for the short-term storage and collection of trash. Trash shall include
garbage, scrap, recyclables, debris and similar materials.
2) The storage of trash shall be limited to that produced by the principal permitted use
and accessory uses of the lot. Exterior storage of trash, which could be blown into the air
or strewn about by the wind, shall be prohibited.
3) The ground area coverage of exterior trash collection areas shall be the area
contained inside the required screening. This area shall be considered a building -related
feature for purposes of calculating total land area coverages.
4) Exterior trash collection areas shall be located in rear or side yards only. Exterior
trash collection areas shall not encroach into a front yard. A front yard may exceed the
required front yard setback.
5) All exterior trash collection areas and the materials contained therein shall be
screened from view from the adjacent public right-of-way.
6) The screening shall be a completely opaque fence, wall or other feature not
exceeding a height of 10 feet measured from the ground level outside the line of the
screen. Screens built on sloping grades shall be stepped so that their top line shall be
horizontal.
7) Exposed materials used to construct the opaque screen shall be similar in
appearance to materials used for exterior building walls. All exterior entrances to a
screened trash area shall be provided with a gate or door of similar design to that of the
screen.
8) If a 10-foot high screen fails to shield the exterior trash collection area from view from
the adjacent public right-of-way, evergreen plantings may be required in addit ion to the
screening. Evergreen plant materials shall be selected and designed so that they will
screen the area from the adjacent public right-of-way within five (5) years.
G. Landscaping Regulations
The following landscape regulations shall apply to eac h lot:
1) Plant Materials: The open space area of each lot shall be planted with permanent
lawn and ground covers, shrubs and trees. It is the intent of these regulations that the
development of required open spaces shall reflect a high quality of environme ntal design.
2) Landscaping: The following is the minimum requirement of trees and shrubs, by
number and size, and the type of ground cover required. Street trees planted in public
23
street right-of-way shall not be counted toward fulfillment of the minimum site requirements
set forth below. Plant species to be used for landscaping shall be in accordance with the
City of Dubuque Street Tree Policy. Existing trees and shrubs to be retained on -site may
be counted toward fulfillment of the landscaping requiremen ts.
a) Minimum tree planting requirements for any new development in the Dubuque
Industrial Center Crossroads shall be one (1) tree of the following size per 1,600 square
feet of required open space:
40% minimum: 2-2 1/2” caliper diameter deciduous and/or 8-foot height or greater
evergreen.
Balance: 1 ½ - 2” caliper diameter deciduous and/or 6-foot height evergreen.
b) Minimum shrub requirements at the time of planting for any development in the
PUD District shall be 6 shrubs, or 1 shrub per 1,000 square feet of required open space,
whichever is greater. Shrubs shall be a minimum of 18” height or minimum of one (1)
gallon potted.
3) Landscape berms and/or plantings shall be required as screening for parking areas
adjacent to public streets and shall be a minimum of three (3) feet in height and can utilize
natural grade changes to achieve the required 50% opacity landscaping screen. Parking
lot screening is in addition to required landscaping of open space areas.
4) Trees shall be provided in all parking lot islands, which are of sufficient size to ensure
the growth and survival of the trees. Trees planted in parking lot islands may be counted
toward the minimum tree planting requirements.
5) The developer of any lot fronting public streets shall participate in the planting of
trees.
6) The installation of required planting materials may be phased in direct proportion to
the phasing of building construction. Required landscaping shall be installed by the date
the Construction & Inspections Division issues an occupancy certificate, or if winter
weather prevents planting, within six months of being issued an occupancy certificate.
7) The lot owner is required to replant any and all plant materials which have died due
to any cause during the effective period of this PUD O rdinance.
8) A detailed landscape plan shall be required as part of submittal for final site
development plan approval.
9) The area between the public street and the right-of-way line shall be planted with
grass and maintained by the lot owner.
H. Sign Regulations
1) Applicability of City of Dubuque Ordinances: The provisions of the City of Dubuque
Unified Development Code Article 15 Signs shall apply unless further regulated by this
section.
2) Off-Premise Signs: Off-premise signs shall be prohibited.
3) On-Premise Signs: On-premise signs shall be erected or constructed in accordance
with the following regulations:
a) Allowable content: signs, messages, and graphics shall be limited to the following
contents:
1) Industrial Center signs: limited to identification of Dubuque Industrial Center
Crossroads.
▪ Entrance signs
▪ Directory signs
2) Company primary signs:
▪ Identification of company name
▪ Identification of company products or services
▪ Graphic symbol or logo identified with the company
24
3) Secondary signs:
▪ Street address.
▪ Directional messages necessary for the safe and efficient flow of vehicular
and pedestrian traffic on the lot.
▪ Identification of visitor entrances to the building, shipping and receiving docks
and other delivery points.
▪ Identification of assigned parking spaces and parking spaces accessible to
persons with disabilities.
▪ Temporary announcements of pending or new construction.
▪ Commemorative messages.
a) Schedule of sign regulations: Allowable structure type, size, number and
height shall be limited to the following requirements:
Type of Sign Maximum size Maximum Number Allowable
Structure
type
Maximum
Height*
Industrial Center
Entrance Signs
200 square feet per
sign face
Three (3) signs Monument 12 feet
Industrial Center
Directory Signs
30 square feet per
sign face
Three (3) signs Monument 8 feet
Company
Primary Signs
10% of building wall
sign is mounted on or
400 total square feet
of sign area,
whichever is less.
2 signs per street
frontage per business
Wall-
mounted
Below
eave or
parapet
150 square feet per
sign face
1 sign per business
restricted to interior
street frontages only
Monument 10 feet
Secondary signs 6 square feet per
sign face
No maximum number Wall-
mounted
10 feet
Monument 6 feet
*The height of the monument-style signs shall be measured from average grade to top of sign
structures.
b) Variances: Variances from sign requirements for size, number and height
may be requested. Such variances shall be reviewed by the Zoning Board of
Adjustment in accordance with Article 8-6 of the Unified Development Code.
c) Lighting: Signs may be illuminated only by means of indirec t lighting,
whereby all light sources and devices are shielded from view by opaque or
translucent materials, or internally illuminated by means of a light source
completely enclosed by the sign panel.
d) Motion: No signs may include any device or means, mechanical, electrical
or natural, which shall cause any motion of the sign panel or any part thereof.
No flashing lights or changing colors shall be allowed.
I. Maintenance Assessments
1) The City will cause the construction of such improvements as the City deems
appropriate in the Public Areas of this PUD District shown on the Exhibit A. Maintenance
and repair of the Public Areas and its improvements is the responsibility of the City with
fifty percent (50%) of costs of such maintenance and repair assessed to and paid by the
owners of property in this PUD District. Private connections to the Public Areas and the
subsequent maintenance and repair of such private connections are the responsibility o f
each owner and may not be constructed without the prior written approval of the City.
25
2) The City will assess against the properties in this PUD District in each assessment
year an annual assessment for the purpose of paying fifty percent (50%) of the ac tual costs
of the City’s maintenance and repair of the Public Areas and the actual costs associated
with maintaining and lighting the park entrance signs. Said assessment may also include
the establishment of a capital improvements reserve fund for such pu rposes. Upon
establishment of such assessment levy, the owner of each lot must pay to the City a pro
rata share (as hereinafter defined) of such assessment.
The owner waives any and all rights to further notice, to object to the assessments, the
amount of the assessments, the procedure for certifying the assessments or to any other
rights the owner would have as provided in Iowa Code Chapter 364 and Chapter 384 and
that the schedule of assessments may be certified by the City to the Dubuque County
Treasurer for collection in the same manner as provided in Iowa Code Chapter 364 and
Chapter 384.
3) If such pro rata share is not paid within thirty (30) days after its due date, the owner
agrees that that amount of such pro rata share will become a lien upon the lot obligated to
pay the same and will bear interest from the due date at the highest legal contract rate
applicable to a natural person. The owner further agrees that the City may bring an action
at law against any owner obligated to pay the same, or fore close the lien against the lot.
The owner agrees that the owner is also obligated to reimburse the City for the City’s
costs and reasonable attorney's fees of any collection efforts. The owner agrees that the
owner may not waive or otherwise avoid liability for an assessment provided herein by
non-use of the Public Areas or abandonment of a lot.
4) An owner's pro rata share is equal to a fraction, the numerator of which is the gross
square feet area of the lot or lots owned by the owner and the denominator of which is the
gross square feet area of all lots in this PUD District exclusive of the Public Areas and
public rights-of-way.
J. Performance Standards
The development and maintenance of uses in this PUD District shall be established in
conformance with the following standards
1) Platting: The conceptual development plan shall serve as the preliminary plat for this
PUD District. Subdivision plats and improvement plans shall be submitted in accordance
with Article 11. Land Subdivision, of the City of Dubuque Unified Development Code.
2) Site Plans: Final site development plans shall be submitted in accordance with Article
12 Site Plans and Article 13 Site Design Standards prior to construction of each building
and vehicle-related feature unless otherwise exempted by Article 12.
3) Storm Water Conveyance: The developer of each lot shall be responsible for
providing surface or subsurface conveyance(s) of storm water from the lot to existing storm
sewers or to flow line of open drainage ways outside the lot in a means that is satisfactory
to the Engineering Department of the City of Dubuque. Other applicable regulat ions
enforced by the City of Dubuque relative to storm water management and drainage shall
apply to properties in the PUD District.
4) Noises: Noises generated within the PUD District shall be regulated by Chapter 6-5,
Noises, of the City of Dubuque Code of Ordinances.
5) Phased construction of buildings and parking spaces: The construction of off -street
parking spaces may be phased in proportion to the percentage of total building floor area
constructed at any one time. Ground area set aside for future parkin g, loading spaces or
driveways or for parking provided in excess of the minimum required number of parking
spaces shall not reduce the minimum required area for open space.
6) Other Codes and Regulations: These regulations do not relieve an owner from other
applicable City, County, State or Federal Codes, regulations, laws and other controls
26
relative to the planning, construction, operation and management of property in the PUD
District.
K. Transfer of Ownership
Transfer of ownership or lease of property in this PUD District shall include in the
transfer or lease agreement a provision that the purchaser or lessee acknowledges
awareness of the conditions authorizing the establishment of the district.
L. Modifications
Any modifications of this Ordinance must be approved by the City Council in accordance
with zoning reclassification proceedings of Article 9-5 of the Unified Development Code.
M. Recording
A copy of this ordinance shall be recorded at the expense of the property owner(s) with
the Dubuque County Recorder a permanent record of the conditions accepted as part
of this reclassification approval within ten (10) days after the adoption of this ordinance.
This ordinance shall be binding upon the undersigned and his/her heirs, successors and
assigns.
Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 4. This Ordinance shall take effect upon publication as provided by law.
Passed, approved and adopted this 18th day of January 2022.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on the 21st day of January, 2022.
/s/Adrienne N. Breitfelder, City Clerk
3. Amend the Unified Development Code to allow Commercial Greenhouse as a permitted
use in C-2, C-2A, C-3, C-4 and CS zoning districts and to modify related parking requirements:
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 Farber. Planning Services Manager
Wally Wernimont provided a staff report. Korrin Schriver, 2815 Jackson St., spoke in support of
the ordinance, stating that passage is necessary for her business, ReEvolution Farms, in her
new location on Central Ave. City Council expressed support for the ordinance. Motion carried
6-0.
Motion by Roussell for final consideration and passage of Ordinance No. 3-22 Amending Title
16 of the City of Dubuque Code of Ordinances, Unified Development Code, by amending
Articles 16-5-11 (C-2), 16-5-12 (C-2A), 16-5-13 (C-3), 16-5- 14 (C-4), and 16-5-16 (CS) by
adding Commercial Greenhouse to the list of permitted uses . Seconded by Farber. Motion
carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 3-22
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED
DEVELOPMENT CODE, BY AMENDING ARTICLES 16-5-11 (C-2), 16-5-12 (C-2A), 16-5-13
(C-3), 16-5-14 (C-4), AND 16-5-16 (CS) BY ADDING COMMERCIAL GREENHOUSE TO THE
LIST OF PERMITTED USES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code Chapter 14-6: Off-Street Parking Requirements, is hereby amended as follows:
27
Land Use Off-Street Parking Spaces Required
Commercial Greenhouse 1 per employee on maximum shift,
plus 1 per service vehicle, plus 1 per
250 square feet GFA accessible to the
public
Flower or garden store, or commercial
greenhouse
1 per 250 square feet GFA accessible to
the public
Section 2. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code Chapters 16-5-11 (C-2), 16-5-12 (C-2A), 16-5-13 (C-3), 16-5-14 (C-4), 16-5-16 (CS), are
hereby amended as follows:
16-5-11-1 Principal Permitted Uses
Commercial Greenhouse
16-5-12-1 Principal Permitted Uses
Commercial Greenhouse
16-5-13-1 Principal Permitted Uses
Commercial Greenhouse
16-5-14-1 Principal Permitted Uses
Commercial Greenhouse
16-5-16-1 Principal Permitted Uses
Commercial Greenhouse
Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 4. This ordinance shall take effect immediately upon publication, as provided by law.
Passed, approved and adopted this 18th day of January 2022.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on the 21st day of January, 2022.
/s/Adrienne N. Breitfelder, City Clerk
4. Sale of City-owned Property at 1450 Iowa Street: Motion by Roussell to receive and file
the documents and adopt Resolution No. 31-22 Disposing of city interest in real property located
at 1450 Iowa Street, in the City of Dubuque, Iowa. Seconded by Farber. Motion carried 6-0.
RESOLUTION NO. 31-22
DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 1450 IOWA STREET,
IN THE CITY OF DUBUQUE, IOWA
Whereas, the City Council, by Resolution No. 10-22, dated January 3, 2022, declared its
intent to dispose of City interest in real property located at 1450 Iowa Street, legally described
as:
Middle 1/5 of Out Lot 455 and the North 23 inches of the South Middle 1/5 of Out Lot
455, in the City of Dubuque, Iowa, according to the United States Commissioners’
Plat thereof.
(the Property); and
Whereas, pursuant to published notice, a public hearing was held on the proposed disposition
on January 18, 2022 at 6:30 p.m. in the Historic Federal Building, 350 W. 6 th Street, Dubuque,
Iowa; and
Whereas, it is the determination of the City Council that approval of the purchase agreement
for the sale to GT Development LLC. according to the terms and conditions set out in the
purchase agreement is in the public interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
28
DUBUQUE, IOWA;
Section 1. The purchase agreement by and between the City of Dubuque and GT
Development LLC. for the sale of the Property, a copy attached hereto, is hereby approved.
Section 2. The Mayor and City Clerk are hereby authorized and directed to execute a Special
Warranty Deed, conveying the City’s interest in the Property to GT Development LLC.
Section 3. That the City Clerk is hereby authorized and directed to cause said Special
Warranty Deed to be delivered to the City Attorney’s Office, together with a certified copy of the
Resolution.
Passed, approved, and adopted this 18th day of January 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
PUBLIC INPUT
Rick Dickinson, President of Greater Dubuque Development Corporation (GDDC), shared
GDDC’s involvement and process of notifying property owners regarding Public Hearing No. 2.
Regarding Action Item No. 4, Mary and John Gronen, 1766 Plymouth Ct., respectively spoke
in support of allowing local organizations to be involved in the request for proposals (RFP)
process.
Dan LoBianco, 3503 West Way, provided virtual input in support of the Gronen’s comments.
ACTION ITEMS
1. Iowa Economic Development Authority Business Financial Assistance Application for
Klauer Manufacturing Company: Motion by Jones to receive and file the documents and adopt
Resolution No. 32-22 Authorizing the filing of an application with the Iowa Economic
Development Authority for Business Financial Assistance on behalf of Klauer Manufacturing
Company. Seconded by Sprank. City Council members expressed enthusiasm for the
expansion. Motion carried 6-0.
RESOLUTION NO. 32-22
AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA ECONOMIC
DEVELOPMENT AUTHORITY FOR BUSINESS FINANCIAL ASSISTANCE ON BEHALF OF
KLAUER MANUFACTURING COMPANY
Whereas, Klauer Manufacturing Company has proposed making an approximately Fourteen
Million Dollar ($14,000,000.00) investment for the addition of production capacity at its
manufacturing facility in the City of Dubuque, Iowa (the Project); and
Whereas, financial assistance from the Iowa Economic Development Authority is designed
to assist in the economic development efforts of local jurisdictions; and
Whereas, the City of Dubuque, Iowa is eligible to apply for funding from the Iowa Economic
Development Authority Business Financial Assistance Program; and
Whereas, the City Council of the City of Dubuque, Iowa has considered the proposal and
determined that the proposed Project will contribute to the local economy throug h the creation
of sixteen (16) full-time jobs in the City, all of which qualify for the Iowa Economic Development
Authority Business Financial Assistance Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the filing of the attached Application for participation in the Iowa Economic
Development Authority Business Financial Assistance Program on behalf of Klauer
Manufacturing Company is hereby approved.
29
Section 2. That the Mayor is hereby authorized and directed to execute and the City Manager
is hereby directed to submit the Application to the Iowa Economic Development Authority
together with such other documents as may be required.
Passed, approved, and adopted this 18th day of January, 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
2. Iowa Economic Development Authority Business Financial Assistance Application for
Hormel Foods Corporation and Progressive Processing, LLC: Motion by Resnick to receive and
file the documents and adopt Resolution No. 33-22 Authorizing the filing of an application with
the Iowa Economic Development Authority for Business Financial Assistance on behalf of
Hormel Foods Corporation and Progressive Processing, LLC. Seconded by Farber. City Council
members expressed enthusiasm for the expansion. Motion carried 6-0.
RESOLUTION NO. 33-22
AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA ECONOMIC
DEVELOPMENT AUTHORITY FOR BUSINESS FINANCIAL ASSISTANCE ON BEHALF OF
HORMEL FOODS CORPORATION AND PROGRESSIVE PROCESSING, LLC
Whereas, Hormel Foods Corporation and Progressive Processing, LLC have proposed
making a Forty-Three Million Dollar ($43,000,000.00) investment for the addition of production
capacity at its manufacturing facility in the City of Dubuqu e, Iowa (the Project); and
Whereas, financial assistance from the Iowa Economic Development Authority is designed
to assist in the economic development efforts of local jurisdictions; and
Whereas, the City of Dubuque, Iowa is eligible to apply for funding from the Iowa Economic
Development Authority Business Financial Assistance Program; and
Whereas, the City Council of the City of Dubuque, Iowa has considered the proposal and
determined that the proposed project will contribute to the local economy through the creation
of thirty-eight (38) full-time jobs in the City, all of which qualify for the Iowa Economic
Development Authority Business Financial Assistance Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the filing of the attached Application for participation in the Iowa Economic
Development Authority Business Financial Assistance Program on behalf of Hormel Foods
Corporation and Hormel Foods Corporation and Progressive Processing, LLC, is hereby
approved.
Section 2. That the Mayor is hereby authorized and directed to execute and the City Manager
is hereby directed to submit the Application to the Iowa Economic Development Authority
together with such other documents as may be required.
Passed, approved, and adopted this 18th day of January, 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
3. Dubuque Industrial Center: Crossroads - Consultant Selection for Design: Motion by Jones
to receive and file the documents and approve the contract execution. Seconded by Roussell.
Motion carried 6-0.
4. Request for Proposal for Historic Millwork District Master Plan Update: Motion by Jones to
receive and file the documents and approve the RFP. Seconded by Resnick. City Council
members discussed stakeholder involvement in the RFP process and whether additional
stakeholder input was necessary for finalizing the RFP. City Manager Van Milligen stated that
30
property owners were previously engaged as part of creating the RFP and confirmed the
process is equivalent to the process used for designing Comiskey Park. Mr. Van Milligen stated
that if this motion fails, he will need specific direction from the City Council on how they would
like him to proceed. Motion failed 3-3, with Sprank, Jones, and Cavanagh voting in favor; and
Farber, Resnick, and Roussell voting in opposition.
Motion by Farber to receive and file the documents and provide direction to the City Manager.
Seconded by Roussell. City Council members confirmed that within one month they would like
the City Manager to convene stakeholders to further format the RFP. Mr. Van Milligen stated
that the budget may increase based on this request. City Council members stated that certain
stakeholders have expressed support for covering any budget increases that their input may
result in. Motion carried 6-0.
5. City of Dubuque Code of Ordinances Title 11 Rights -of-Way, Chapter 3 Cable Television:
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 Resnick. Motion carried 6-0.
Motion by Jones for final consideration and passage of Ordinance No. 4-22 Repealing City
of Dubuque Code of Ordinances Title 11 Rights-Ofway, Chapter 3 Cable Television, Article A.
Cable Franchise Agreement, article D. Rates and General Regulations, and Article E. Cable
Service Customer Service Standards; and Ordinance No. 5-22 Amending City of Dubuque Code
of Ordinances Title 11, Rightsof-Way, Chapter 3, Cable Television, by enacting new Section 11-
3A-1, Franchise Fees for Cable and/or Video Services, new Section 11 -3A-2, Franchise Fees
Reaffirmed, and new Section 11 - 3A-3, Public, Educational and Governmental Channel
Capacity and Transmission. Seconded by Resnick. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 4-22
REPEALING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 11 RIGHTS -OF-WAY,
CHAPTER 3 CABLE TELEVISION, ARTICLE A. CABLE FRANCHISE AGREEMENT,
ARTICLE D. RATES AND GENERAL REGULATIONS, AND ARTICLE E. CABLE SERVICE
CUSTOMER SERVICE STANDARDS
Whereas, Iowa Code Chapter 477A governs cable or video services franchises; and
Whereas, the City Council finds that City of Dubuque Code of Ordinances Title 11 Rights -of-
Way, Chapter 3 Cable Television, Article A. Cable Franchise Agreement, Article D. Rates and
General Regulations, and Article E. Cable Service Customer Service Standards are no longer
applicable to cable or video services in the City of Dubuque and should be repealed.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE AS FOLLOWS:
1. City of Dubuque Code of Ordinances Title 11 Rights -of-Way, Chapter 3 Cable Television,
Article A. Cable Franchise Agreement, Article D. Rates and General Regulations, and
Article E. Cable Service Customer Service Standards are hereby repealed.
2. The Mayor is hereby authorized and directed to sign this Ordinance on behalf of th e City
of Dubuque.
Passed, approved, and adopted this 18th day of January, 2022.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on the 21st day of January, 2022.
/s/Adrienne N. Breitfelder, City Clerk
31
OFFICIAL PUBLICATION
ORDINANCE NO. 5-22
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 11, RIGHTS-OF-WAY,
CHAPTER 3, CABLE TELEVISION, BY ENACTING NEW SECTION 11 -3A-1, FRANCHISE
FEES FOR CABLE AND/OR VIDEO SERVICES, NEW SECTION 11-3A-2, FRANCHISE FEES
REAFFIRMED, AND NEW SECTION 11-3A-3, PUBLIC, EDUCATIONAL AND
GOVERNMENTAL CHANNEL CAPACITY AND TRANSMISSION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordinances Title 11, Rights-of-Way, Chapter 3, Cable
Television, is hereby amended by adding thereto new Article A, Certificates of Franchise
Authority, as follows:
ARTICLE A. CABLE AND VIDEO SERVICE PROVIDERS
11-3A-1: Franchise fees for cable and/or video services:
Any provider of cable television and/or video services in the city shall remit
to the city a franchise fee or fee(s) as provided under Iowa Code Section
477A.7, in the sum of five percent (5%) of gross revenues.
11-3A-2: Franchise fees affirmed:
The franchise fees of five percent (5%) of gross revenues, as imposed
under the city’s prior franchise agreements and collected by the city, are
hereby ratified, affirmed and approved from the expiration date of said
franchises forward and continuing under this ordinance.
11-3A-3: Public, education and governmental channel capacity and transmission:
Any provider of cable television and/or video services in the city shall
provide the city with public, educational and governmental channel
capacity pursuant to Iowa Code Section 477A.6. Each such provider shall
provide three (3) public, educational and governmental access channels,
and shall transmit the public, educational and governmental channel
signals through its cable and/or video system within the city.
Section 2. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of
this ordinance are hereby repealed.
Section 3. SEVERABILITY CLAUSE. If any section, provision or part of this ordinance shall
be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provision, or part thereof not adjudged invalid or
unconstitutional.
Section 4. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final
passage, approval and publication as provided by law.
Passed, approved, and adopted this 18th day of January, 2022.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on the 21st day of January, 2022.
/s/Adrienne N. Breitfelder, City Clerk
6. Video of Bee Branch Creek Railroad Culverts Ribbon-Cutting on October 21, 2021: Motion
by Resnick to receive and file the documents and view the video. Seconded by Roussell. The
video is available at https://youtu.be/yT7J-mkXUY0. Motion carried 6-0.
COUNCIL MEMBER REPORTS
Council Member Sprank thanked Leisure Services Manager Marie Ware for attending the
32
North End Neighborhood Association meeting to explain updates to Comiskey Park.
Council Member Jones reported on the Iowa Special Olympics occurring this past Monday.
Council Member Resnick also reported on the Iowa Special Olympics and thanked Council
Member Jones for his dedication to the program.
CLOSED SESSION
Motion by Jones to convene in closed session at 9:50 p.m. to discuss Pending Litigation and
Purchase or Sale of Real Estate – Chapter 21.5(1)(c),(j) Code of Iowa. Seconded by Resnick.
Mayor Cavanagh stated for the record that the attorneys who will consult with City Council on
the issues to be discussed in the closed session are City Attorney Brumwell and Attorney Les
Reddick. Motion carried 6-0.
The City Council reconvened in open session at 10:19 p.m. stating that staff had been given
proper direction.
There being no further business, Mayor Cavanagh declared the meeting adjourned at 10:19
p.m.
/s/Adrienne N. Breitfelder
City Clerk