05 16 22 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:30 p.m. on May 16, 2022, in the
second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Cavanagh (attended virtually); Mayor Pro Tem Resnick; Council Members
Farber, Jones, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell
(attended virtually).
Mayor Pro Tem Resnick read the call and stated this is a special session of the City Council
called for the purpose of conducting a work session to receive an update from National
Mississippi River Museum and Aquarium Curator of Conservation Programs Jared McGovern.
WORK SESSION
SUSTAINABLE DUBUQUE
Sustainable Community Coordinator Gina Bell introduced National Mississippi River Museum
and Aquarium Curator of Conservation Programs Jared McGovern, who made a presentation.
Mr. McGovern responded to questions from the City Council following the presentation.
There being no further business, Mayor Pro Tem Resnick declared the meeting adjourned at
6:10 p.m.
/s/Trish L. Gleason, Assistant City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on May 16, 2022, in the
second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Cavanagh (attended virtually); Mayor Pro Tem Resnick; Council Members
Farber, Jones, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell
(attended virtually).
Mayor Pro Tem Resnick 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. Foundation for Dubuque Public Schools Distinguished Alumni Award Recognition for
Council Member Susan R. Farber: Amy Unmacht, Executive Director of the Foundation for
Dubuque Public Schools, recognized Council Member Susan R. Farber for receiving the 2020
Distinguished Alumni Award.
PROCLAMATION(S)
1. Apples for Students Months (May, June, and July 2022) was accepted by Beth McGorry,
Director of Donor Relations, on behalf of St. Mark Youth Enrichment.
2. Building Safety Month (May 2022) was accepted by Assistant Housing Director Michael
Belmont on behalf of the Housing and Community Development Department.
3. Public Works Week (May 15 - 21, 2022) was accepted by Public Works Director John
Klostermann and Public Works Foreman Paul Davis on behalf of the Public Works Department.
4. AAPI Day Against Bullying and Hate (May 18, 2022) was accepted by Dustin Alfred on
behalf of Crescent Community Health Center.
5. Kids to Parks Day (May 21, 2022) was accepted by Parks Division Manager Steve Fehsal
and Leisure Services Manager Marie Ware on behalf of the Leisure Services Department.
CONSENT ITEMS
Council Member Farber requested item no. 16 be held for separate discussion. Motion by
Jones to receive and file the documents, adopt the resolutions, and dispose of as indicated
except for item no. 16. Seconded by Roussell. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council Proceedings of 5/2; Airport Commission of
4/26; Civil Service Commission of 5/3; Five Flags Civic Center Advisory Commission of 4/25;
Library Board of Trustees Update of 4/28; Parks and Recreation Commission of 3/8 and 4/12;
Resilient Community Advisory Commission of 5/5; Zoning Advisory Commission of 5/4; Zoning
Board of Adjustment of 4/28; Proof of publication for City Council Proceedings of 4/18; Proof of
publication for List of Claims and Summary of Revenues for Month Ended 3/31. Upon motion
the documents were received and filed.
2. 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:
Michael Boen for vehicle damage. Upon motion the documents were received, filed, and
concurred.
3. Approval of City Expenditures: Upon motion the documents were received and filed, and
Resolution No. 184-22 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. 184-22
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
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 Director-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 receipts and
disbursements to the City Council, and to publish a summary thereof.
Passed, approved, and adopted this 16th day of May, 2022.
David T. Resnick, Mayor Pro Tem
Attest: Trish L. Gleason, Assistant City Clerk
4. March 31, 2022 Quarterly Investment Report: Upon motion the documents were received
and filed.
5. Letter of Support for the Destination Iowa Economically Significant Development City of
Dyersville’s Application: Upon motion the documents were received, filed, and approved.
6. Dubuque Golf and Country Club Fireworks Request 2022 : Upon motion the documents
were received, filed, and approved.
7. Code of Ordinances – Adoption of Supplement No. 2022 S-7: Upon motion the documents
were received and filed, and Resolution No. 185-22 Adopting Supplement No. 2022 S-7 to the
Code of Ordinances of the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 185-22
ADOPTING SUPPLEMENT NO. 2022 S-7 TO THE CODE OF ORDINANCES OF THE CITY
OF DUBUQUE, IOWA
Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No .43-09,
readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and
Whereas, since August 17, 2009, the City Council of the City of Dubuque, Iowa has adopted
certain ordinances amending the Code of Ordinances and said amendments have been printed
as supplements to the Code of Ordinance; and
Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolution,
become part of the Code of Ordinance; and
Whereas, Code Supplements are prepared by the American Legal Publishing of Cincinnati,
Ohio and filed in the Office of the City Clerk of the City of Dubuque Iowa.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE IOWA:
Section 1. That Supplement No. 2022 S-7 to the City of Dubuque Code of Ordinances, which
codifies Ordinance Nos. 7-22 through 14-22 as approved by the City Council through March 29-
2022 is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque,
Iowa.
Passed, approved, and adopted this 16th day of May 2022
David T. Resnick, Mayor Pro Tem
Attest: Trish L. Gleason, Assistant City Clerk
8. Civil Service Commission - Certified List for Police Officer: Upon motion the documents
were received, filed, and made a Matter of Record.
9. Appointment of Liaisons to the Airport Zoning Board of Adjustment: Correspondence from
the Zoning Board of Adjustment requesting approval of Commissioners Keith Ahlvin and
Bethany Golombeski to be appointed as liaisons to the Airport Zoning Board of Adjustment.
Upon motion the documents were received, filed, and approved.
10. FFY 2023 Iowa Governor’s Traffic Safety Bureau (GTSB) Grant Funds: Upon motion the
documents were received, filed, and approved.
11. IEDA Business Assistance Contract 22-HQJP-020: Upon motion the documents were
received and filed, and Resolution No. 186-22 Approving the Contract for State Business
Financial Assistance by and among Klauer Manufacturing Company, the city of Dubuque, Iowa,
and the Iowa Economic Development Authority was adopted.
RESOLUTION NO. 186-22
APPROVING THE CONTRACT FOR STATE BUSINESS FINANCIAL ASSISTANCE BY AND
AMONG KLAUER MANUFACTURING COMPANY, THE CITY OF DUBUQUE, IOWA, AND
THE IOWA ECONOMIC DEVELOPMENT AUTHORITY
Whereas, Klauer Manufacturing Company is an Iowa for-profit corporation located in
Dubuque, Iowa; and
Whereas, Klauer Manufacturing Company has proposed making a Fourteen Million Dollar
($14,000,000.00) investment in building improvements to property located at 1185 Roosevelt
Extension, in the City of Dubuque, Iowa (the Project) which will allow the creation of sixteen (16)
full-time jobs in the City; and
Whereas, the City Council of the City of Dubuque, Iowa has considered the proposal and has
determined that the proposed Project will contribute to the local economy; 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 Iowa Economic Development Authority has requested execution of an
Economic Development Assistance Contract 22-HQJP-020 in order to finalize incentives and
document associated terms for the proposed Project; and
Whereas, the City Council finds that approval by the City of Dubuque of Economic
Development Assistance Contract 22-HQJP-020 by and among Klauer Manufacturing
Company, the City of Dubuque, and the Iowa Economic Development Authority, a copy of which
is attached hereto, is in the best interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Economic Development Assistance Contract 22-HQJP-020 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 Economic Development Assistance Contract 22-HQJP-020 to
the Iowa Economic Development Authority together with such other documents as may be
required.
Passed, approved, and adopted this 16th day of May, 2022.
David T. Resnick, Mayor Pro Tem
Attest: Trish L. Gleason, Assistant City Clerk
12. Acceptance of the Flood Control Levee Repair Project: Upon motion the documents were
received and filed, and Resolution No. 187-22 Accepting the Flood Control Levee Repair Project
and authorizing payment to the contractor was adopted.
RESOLUTION NO. 187-22
ACCEPTING THE FLOOD CONTROL LEVEE REPAIR PROJECT AND AUTHORIZING
PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the Flood Control Levee Repair Project (the
Project) has been completed by the Contractor, Boyle Built Enterprise LLC of Selma, Iowa
(Contractor), the Project Engineer has examined the work and recommends that the Project be
accepted; and
Whereas, the final contract amount for the Project is $154,252.54; and
Whereas, the Contractor has previously been paid $146,539.91, leaving a balance of
$7,712.63; and
Whereas, the City Council finds that the recommendation of the Project Engineer should be
accepted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The recommendation of the Project Engineer is approved, and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of
the retainage of $7,712.63 as provided in Iowa Code chapter 573, and to pay such retainage in
accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13.
Passed, approved, and adopted this 16th day of May 2022.
David T. Resnick, Mayor Pro Tem
Attest: Trish L. Gleason, Assistant City Clerk
13. Final Plat of Adams Acres: Upon motion the documents were received and filed, and
Resolution No. 188-22 Approving the Final Plat: Adams Acres, Dubuque County, Iowa was
adopted.
RESOLUTION NO. 188-22
APPROVING THE FINAL PLAT: ADAMS ACRES, DUBUQUE COUNTY, IOWA
Whereas, there has been filed with the City Clerk a Final Plat of Adams Acres, Dubuque
County, Iowa that is within the City’s 2-mile extraterritorial jurisdiction; and
Whereas, said Final Plat has been examined by the Zoning Advisory Commission and its
approval has been endorsed thereon; and
Whereas, said Final Plat has been examined by the City Council and they find that it conforms
to the statues and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Final Plat of Adams Acres, Dubuque County, Iowa is hereby approved,
and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the
City of Dubuque, Iowa upon said Plat of Survey.
Passed, approved and adopted this 16th day of May, 2022.
David T. Resnick, Mayor Pro Tem
Attest: Trish L. Gleason, Assistant City Clerk
14. Approval of Plat of Survey (ROW Vacation) of Lot 599A of North Dubuque, in the City o f
Dubuque, Iowa for Vacation Petition (The Bible Baptist Church) Upon motion the documents
were received and filed, and Resolution No. 189-22 Approving Plat of Proposed Vacated 20-
Foot-Wide Alley between Lots 599 Thru 610 of North Dubuque, in the City of Dubuque, Iowa, to
be known as Lot 599A of North Dubuque, in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 189-22
APPROVING PLAT OF PROPOSED VACATED 20-FOOT-WIDE ALLEY BETWEEN LOTS
599 THRU 610 OF NORTH DUBUQUE, IN THE CITY OF DUBUQUE, IOWA, TO BE KNOWN
AS LOT 599A OF NORTH DUBUQUE, IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat
dated March 31, 2022 prepared by Buesing and Associates, Inc., showing the proposed vacated
alley south of Walker Street and East of Oneida Avenue in North Dubuque Subdivisio n, in the
City of Dubuque, Iowa and assigned a lot number thereto, to be known as Lot 599A of North
Dubuque, in the City of Dubuque, Iowa; and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated March 31, 2022, prepared by the Buesing and Associates, Inc.,
relative to the real estate hereinabove described be and the same is hereby approved, and the
Mayor and City Clerk be, and they are hereby authorized and directed to execute said plat for
and on behalf of the City of Dubuque, Iowa.
Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and
certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa.
Passed, approved, and adopted this 16th day of May, 2022.
David T. Resnick, Mayor Pro Tem
Attest: Trish L. Gleason, Assistant City Clerk
15. Chavenelle Road Reconstruction Project - Consent to Assignment of Contract: Upon
motion the documents were received and filed, and Resolution No. 190-22 Consenting to the
Assignment of the Public Improvement Contract for the Chavenelle Road Reconstruction Project
– Radford Road to NW Arterial by Horsfield Construction, Inc. to BM-H Acquisition Entity, LLC,
an Iowa Limited Liability Company, a wholly-owned subsidiary of Dyersville Ready Mix, Inc. was
adopted.
RESOLUTION NO. 190-22
CONSENTING TO THE ASSIGNMENT OF THE PUBLIC IMPROVEMENT CONTRACT FOR
THE CHAVENELLE ROAD RECONSTRUCTION PROJECT – RADFORD ROAD TO NW
ARTERIAL BY HORSFIELD CONSTRUCTION, INC. TO BM-H ACQUISITION ENTITY, LLC,
AN IOWA LIMITED LIABILITY COMPANY, A WHOLLY-OWNED SUBSIDIARY OF
DYERSVILLE READY MIX, INC.
Whereas, the City Council of the City of Dubuque on January 19, 2021 awarded a Public
Improvement Contract for the Chavenelle Road Reconstruction Project — Radford Rd to NW
Arterial (the Contract) to Horsfield Construction, Inc.; and
Whereas, BM-H Acquisition Entity, LLC, an Iowa limited liability company, a wholly- owned
subsidiary of Dyersville Ready Mix, Inc. has purchased the assets of Horsfield Construction,
Inc., including the Contract; and
Whereas, Horsfield Construction, Inc. and BM-H Acquisition Entity, LLC, an Iowa limited
liability company, a wholly-owned subsidiary of Dyersville Ready Mix, Inc. have entered into an
Assignment and Assumption Agreement, a copy of which is attached hereto, which assigns the
Contract to BM-H Acquisition Entity, LLC, an Iowa limited liability company, a wholly-owned
subsidiary of Dyersville Ready Mix, Inc.; and
Whereas, the Contract requires the consent of the City of Dubuque to an assignment of the
Contract; and
Whereas, Horsfield Construction, Inc. and BM-H Acquisition Entity, LLC, an Iowa limited
liability company, a wholly-owned subsidiary of Dyersville Ready Mix, Inc., have requested the
City’s consent to the Assignment and Assumption Agreement; and
Whereas, the City Council finds that it is in the interests of the City of Dubuque to consent to
the Assignment and Assumption Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE AS FOLLOWS:
Section 1. The City of Dubuque hereby consents to the Assignment and Assumption
Agreement with respect to the assignment of the Public Improvement Contract for the
Chavenelle Road Reconstruction Project — Radford Rd to NW Arterial by Horsfield
Construction, Inc. to BM-H Acquisition Entity, LLC, an Iowa limited liability company, a wholly-
owned subsidiary of Dyersville Ready Mix, Inc.
Section 2. The City Manager is authorized and directed to take such action as may be
necessary to carry out the terms of this resolution.
Passed, approved, and adopted this 16th day of May, 2022.
David T. Resnick, Mayor Pro Tem
Attest: Trish L. Gleason, Assistant City Clerk
16. John F. Kennedy Road Safe Routes to School Project: Responding to questions from the
City Council, City Engineer Gus Psihoyos stated that the residents’ costs for the project are fixed
and that staffing issues at the state level are resulting in delayed implementation of the project.
City Manager Van Milligen stated that the costs assessed to the residents are the maximum
amount that residents will pay. Motion by Farber to receive and file the documents and adopt
Resolution No. 191-22 Approving a Funding Agreement (22-TAP-112) with the Iowa Department
of Transportation for a Transportation Alternatives Program (TAP-U-2100(703)—8I-31) for the
John F. Kennedy Sidewalks Installation Project. Seconded by Sprank. Motion carried 7-0.
RESOLUTION NO. 191-22
APPROVING A FUNDING AGREEMENT (22-TAP-112) WITH THE IOWA DEPARTMENT OF
TRANSPORTATION FOR A TRANSPORTATION ALTERNATIVES PROGRAM (TAP-U-
2100(703)—8I-31) FOR THE JOHN F. KENNEDY SIDEWALKS INSTALLATION PROJECT
Whereas, the John F. Kennedy Road corridor is part of the Dubuque Metropolitan Area
Transportation Study (DMATS) 2045 Long Range Transportation Plan; and
Whereas, the John F. Kennedy Road Safe Routes to School Project would provide installation
of 4-foot-wide sidewalks along John F. Kennedy Road on both sides of the street from Asbury
Road to the NW Arterial adjacent to abutting properties that do not currently have sidewalks ;
and
Whereas, the total cost for these improvements is estimated at $351,809.82; and
Whereas, the Transportation Alternatives Program (TAP) will fund $190,000.00 of this
project; and
Whereas, accepting the TAP funding requires entering into an agreement with the Iowa
Department of Transportation; and
Whereas, the Council believes it is in the best interest of the City of Dubuque to accept the
DMATS TAP funding toward construction of the sidewalks along John F. Kennedy Road and to
enter into an agreement with the Iowa Department of Transportation for the funding as it will
benefit all residents and visitors.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Council hereby accepts the Transportation Alternatives Program funding to
assist with the construction of sidewalks along John F. Kennedy Road.
Section 2. The Mayor is authorized and directed to execute two copies of said funding
agreement for the Transportation Alternatives Program that will be used within the City of
Dubuque to assist with the construction of sidewalks along John F. Kennedy Road.
Passed, approved, and adopted this 16th day of May 2022.
David T. Resnick, Mayor Pro Tem
Attest: Trish L. Gleason, Assistant City Clerk
17. Engineering Technician Additional Position Request: City Manager recommended
creation of an additional full-time Engineering Technician position to save money and help meet
the demands of the engineering department’s growing project list by reducing the need to hire
consultants for design and inspection services. Upon motion the documents were received, filed,
and approved.
18. Four Mounds Adult HEART (Housing Education And Rehabilitation Training) Program –
Contract for Rehab of 821 Garfield: Upon motion the documents were received and filed, and
Resolution No. 192-22 Approving a Contract with Four Mounds Foundation/Heart Program for
the rehabilitation of 821 Garfield Avenue was adopted.
RESOLUTION NO. 192-22
APPROVING A CONTRACT WITH FOUR MOUNDS FOUNDATION/HEART PROGRAM FOR
THE REHABILITATION OF 821 GARFIELD AVENUE
Whereas, the City of Dubuque and Four Mounds Foundation / HEART Program wish to enter
into a contract for the rehabilitation of 821 Garfield; and
Whereas, The City of Dubuque partners with the HEART Program to help teach youth trade
skills and keep them on path to graduate high school; and
Whereas, the contract will allocate $282,700 to the rehabilitation of 821 Garfield that will then
be sold to a low-moderate income person/family.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
Section 1. The City Council approves the contract with Four Mounds Foundation / HEART
Program for the rehabilitation of 821 Garfield.
Section 2. The City Council authorizes the City Manager or the City Manager’s designee to
execute and manage the agreement and act in accordance with the terms of the agreement.
Passed, approved and adopted this 16th day of May, 2022.
David T. Resnick, Mayor Pro Tem
Attest: Trish L. Gleason, Assistant City Clerk
19. Recreation Division Seasonal Staffing Update Related to Positions with Approved Recent
Wage Adjustment: Upon motion the documents were received and filed.
20. Signed Contract(s): Services Agreement with Business Information Group, Inc for
AmeriCorps Member Background Checks. Upon motion the documents were received and filed.
21. Alcohol and Tobacco License Applications: Upon motion the documents were received
and filed, and Resolution No. 193-22 Approving applications for beer, liquor, and/or wine
permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License
Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits
and Resolution No. 194-22 Approving applications for retail cigarette/tobacco
sales/nicotine/vapor permits, as required by Iowa Code Chapter 453A.47A were adopted.
RESOLUTION NO. 193-22
APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS
REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND
LICENSE REGULATIONS, 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:
Renewals
Dubuque Bowling Lanes, 1029 1/2 Main St.
Dubuque Museum of Art, 701 Locust St.
Five Flags Center, 405 Main St.
Joliet Building Corporation, 781 Locust St.
Los Aztecas III Mexican Restaurant, 2345 NW Arterial
Mason Dixon Saloon, 163 Main St.
Pioneers Rest Stop, 4900 Old Highway Rd.
Rotary Club of Dubuque, 135 West 8th St.
Smokestack, 62 East 7th St.
Special Event(s) per Special Event Application Submittal
Area Residential Care, 6-10-22 to 6-23-22, 500 Bell Street Port of Dubuque
Catfish Charlies, 5-18-22 to 5-22-22 and 6-15-22 to 6-19-22 and 7-20-22 to 7-24-22 and 8-
17-22 to 8-21-22, 145 North Crescent Ridge
Dubuque Main Street, 6-6-22 to 6-10-22 and 7-11-22 to 7-15-22 and 8-8-22 to 8-12-22, Town
Clock Plaza
The Smokestack, 6-2-22 to 6-6-22, Courthouse parking lot and East 7th St (btwn White &
Central) and 62 East 7th Street
Adding A Privilege,
West Dubuque Tap, 8-13-22, Outdoor service
Passed, approved, and adopted this 16th day of May 2022.
David T. Resnick, Mayor Pro Tem
Attest: Trish L. Gleason, Assistant City Clerk
RESOLUTION NO. 194-22
APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICOTINE /
VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A
Whereas, applications for Cigarette/Tobacco Sales have been submitted and filed with the
City Council for approval, and the same have been examined and approved; and
Whereas, the premises to be occupied by such applicants were inspected and found to
comply with the Ordinances of the City and the applica nts have filed the proper fees and
otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Clerk is hereby authorized and directed to ca use to be issued the following
named applicants and locations for cigarette/tobacco sales permit.
Business Name
The Sage Room, 30 South Main St.
Passed, approved, and adopted this 16th day of May 2022.
David T. Resnick, Mayor Pro Tem
Attest: Trish L. Gleason, Assistant City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Jones to receive and file the documents, adopt the resolutions, and set the public
hearings as indicated. Seconded by Sprank. Motion carried 7-0.
1. Petition to Vacate and Dispose of City Interest in the 20 -Foot-Wide Alley South of Walker
Street and East of Oneida Avenue, in North Dubuque Subdivision, in the City of Dubuque, Iowa
for Vacation Petition (The Bible Baptist Church): Upon motion the documents were received and
filed and Resolution No. 195-22 Intent to vacate and dispose of City interest in the 20-Foot-Wide
Alley between Lots 599 thru 610 of North Dubuque, in the City of Dubuque, Iowa, to be known
as Lot 599A of North Dubuque, in the City Of Dubuque, Iowa was adopted setting a public
hearing for a meeting to commence at 6:30 p.m. on June 6, 2022, in the Historic Federal
Building.
RESOLUTION NO. 195-22
INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN THE 20-FOOT-WIDE ALLEY
BETWEEN LOTS 599 THRU 610 OF NORTH DUBUQUE, IN THE CITY OF DUBUQUE, IOWA,
TO BE KNOWN AS LOT 599A OF NORTH DUBUQUE, IN THE CITY OF DUBUQUE, IOWA
Whereas, the City of Dubuque has agreed to the vacation and sale of City Owned property
including the 20-foot-wide alley right of way south of Walker Street and East of Oneida Avenue
in the North Dubuque subdivision, in the City of Dubuque, Iowa; and
Whereas, The Bible Baptist Church has requested the vacation of said alley right of way and
the conveyance of the property to The Bible Baptist Church; and
Whereas, Buesing and Associates, Inc. has prepared and submitted to the City Council a plat
showing the proposed vacated alley south of Walker Street and East of Oneida Avenue in North
Dubuque, in the City of Dubuque, Iowa and assigned a lot number thereto, to be known as Lot
599A of North Dubuque, in the City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to vacate and dispose of its interest in Lot 599A
of North Dubuque, in the City of Dubuque, Iowa, as shown on the attached Exhibit A.
Section 2. That a public hearing on the intent to vacate and dispose of City interest in Lot
599A of North Dubuque, in the City of Dubuque, Iowa is hereby set for the 6th day of June, 2022,
at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, beginning at 6:30 p.m., and
the City Clerk be and is hereby authorized and directed to cause a notice of public hearing on
the intent to vacate said real estate to be published in the manner as prescribed by law.
Passed, approved and adopted this 16th day of May, 2022.
David T. Resnick, Mayor Pro Tem
Attest: Trish L. Gleason, Assistant City Clerk
2. Request for Public Hearing: State Revolving Fund (SRF) Environmental Review – Old Mill
Road Lift Station and Force Main project, Granger Creek Sanitary Sewer System Improvements,
and Water System Improvements 2022: Upon motion the documents were received and filed
and Resolution No. 196-22 State Revolving Fund (SRF) Loan - Environmental Review Old Mill
Road Lift Station and Force Main Project, Granger Creek Sanitary Sewer System
Improvements, and Water System Improveme nts 2022: Preliminary approval of an
Environmental Review as provided by SRF’s Department of Natural Resources for the Old Mill
Road Lift Station and Force Main Project, Granger Creek Sanitary Sewer System
Improvements, and Water System Improvements 2022 and ordering the advertisement for
public notice was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on
June 20, 2022, in the Historic Federal Building.
RESOLUTION NO. 196-22
STATE REVOLVING FUND (SRF) LOAN - ENVIRONMENTAL REVIEW: OLD MILL ROAD
LIFT STATION AND FORCE MAIN PROJECT, GRANGER CREEK SANITARY SEWER
SYSTEM IMPROVEMENTS, AND WATER SYSTEM IMPROVEMENTS 2022
PRELIMINARY APPROVAL OF AN ENVIRONMENTAL REVIEW AS PROVIDED BY SRF’S
DEPARTMENT OF NATURAL RESOURCES FOR THE OLD MILL ROAD LIFT STATION
AND FORCE MAIN PROJECT, GRANGER CREEK SANITARY SEWER SYSTEM
IMPROVEMENTS, AND WATER SYSTEM IMPROVEMENTS 2022 AND ORDERING THE
ADVERTISEMENT FOR PUBLIC NOTICE
Whereas, In June 2021 and September 2021 the City submitted facility plans and State
Revolving Fund (SRF) loan application documents to Iowa Department of Natural Resources
(IDNR) to secure funding for the Old Mill Road Lift Station and Force Main Project, Granger
Creek Sanitary Sewer System Improvements, and Water System Improvements 2022; and;
Whereas, the City is required to complete an environmental review through public hearing as
part of the SRF environmental review process.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The environmental review as provided by SRF’s Department of Natural Resources
for the Old Mill Road Lift Station and Force Main Project, Granger Creek Sanitary Sewer System
Improvements, and Water System Improvements 2022 , is hereby preliminarily approved and
ordered filed in the office of the City Clerk for public inspection.
Section 2. A public hearing will be held on the 20th day of June, 2022, at 6:30 p.m. in the
Historic Federal Building Council Chambers, 350 W. 6th Street, Dubuque, Iowa, at which time
interested persons may appear and be heard for or against the proposed environmental review
of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the
time and place of such hearing to be published in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall be published not less than thirty days prior to the date
of such hearing. At the hearing, any interested person may appear and file objections to the
environmental review of the Project.
Section 3. The environmental review as provided by SRF’s Department of Natural Resources
for the Old Mill Road Lift Station and Force Main Project, Granger Creek Sanitary Sewer System
Improvements, and Water System Improvements 2022 is hereby ordered to be advertised for
public hearing.
Passed, adopted, and approved this 16th day of May 2022.
David T. Resnick, Mayor Pro Tem
Attest: Trish L. Gleason, Assistant City Clerk
PUBLIC HEARINGS
1. Resolution of Adoption for the Amendment of the Dubuque Ind ustrial Center Economic
Development District Urban Renewal Plan, Version 2022.1 : Motion by Jones to receive and file
the documents and adopt Resolution No. 197-22 Approving the Amended and Restated Urban
Renewal Plan, Version 2022.1, for the Dubuque Indust rial Center Economic Development
District. Seconded by Farber. Motion carried 7-0.
RESOLUTION NO. 197-22
APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN, VERSION
2022.1, FOR THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT
DISTRICT.
Whereas, by Resolution 122-22 on April 4, 2022 the City Council of the City of Dubuque,
Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the
“Amended and Restated Urban Renewal Plan” or “Plan”) for the Dubuque Industrial Center
Economic Development District (the "District"); and
Whereas, the Amended and Restated Urban Renewal Plan for the District, Version 2022.1,
is on file in the City Clerk's Office; and
Whereas, the City Council’s primary objective for the Amended and Restated Urban Renewal
Plan for the District is to expand the District by adding Subarea Q to provide opportunities which
will further economic development purposes and objectives as described in the Plan ; and
Whereas, a consultation process has been undertaken with affected taxing entities in
accordance with Chapter 403 of the Code of Iowa and no written objections or recommended
changes to the Plan have been received; and
Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a
public hearing on the Amended and Restated Urban Renewal Plan after public notice thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Amended and Restated Urban Renewal Plan for the Dubuque Industrial
Center Economic Development District, Version 2022.1, is hereby approved.
Section 2. That a feasible method exists for the location of any families who will be displaced
from the District, as amended, into decent, safe and sanitary dwelling accommodations within
their means and without undue hardship to such families; and that the Amended and Restated
Plan conforms to the general plan of the City as a whole. With respect to any real property in
the District acquired by the City in connection with the land and projects included in th e Plan,
non-residential use is expected and with reference to those portions thereof which are to be
developed for non-residential uses, such non-residential uses are necessary and appropriate to
facilitate the proper growth and development of the City in accordance with sound planning
standards and local community objectives.
Section 3. That the District, as amended, continues to be an area for economic development
(commercial and industrial) within the meaning of Iowa Code Chapter 403; that such area is
eligible for designation as an urban renewal area and otherwise meets all requisites under the
provisions of Iowa Code Chapter 403; and that the rehabilitation, conservation, redevelopment,
development, or a combination thereof, of such area is necessary in the interest of the public
health, safety or welfare of the residents of this City.
Section 4. That, notwithstanding any resolution, ordinance, plan, amendment or any other
document, the Amended and Restated Plan shall be in full force and effect from the date of this
Resolution until the Council amends or repeals the Plan.
Section 5. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and directed
to file a certified copy of this Resolution in the office of the Dubuque County Re corder.
Passed, approved and adopted this 16th day of May, 2022.
David T. Resnick, Mayor Pro Tem
Attest: Trish L. Gleason, Assistant City Clerk
2. Amendment to the Unified Development Code Section 16-8-5.10.1 “Accessory Dwelling
Unit”: Motion by Jones to receive and file the documents and that the requirement that a
proposed ordinance be considered and voted on for passage at two Council meetings prior to
the meeting at which it is to be passed be suspended. Seconded by Sprank. Planning Services
Manager Wally Wernimont provided a staff report and responded to questi ons from the City
Council. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 20-22 Amending Title
16 of the City Of Dubuque Code of Ordinances, Unified Development Code, by amending
Chapter 16-8-5- 10.1, Accessory Dwelling Units, and by amending Articles 16-5-3 (R-2), 16-5-4
(R-2A), 16-5-5 (R-3), 16-5-6 (R-4), 16-5-7 (OR), 16-5-9 (OC), And 16-5-10 (C-1) by adding
Accessory Dwelling Unit to the list of Conditional Uses Seconded by Sprank. Motion carried 7-
0.
OFFICIAL PUBLICATION
ORDINANCE NO. 20-22
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED
DEVELOPMENT CODE, BY AMENDING CHAPTER 16-8-5- 10.1, ACCESSORY DWELLING
UNITS, AND BY AMENDING ARTICLES 16-5-3 (R-2), 16-5-4 (R-2A), 16-5-5 (R-3), 16-5-6 (R-
4), 16-5-7 (OR), 16-5-9 (OC), AND 16-5-10 (C-1) BY ADDING ACCESSORY DWELLING
UNIT TO THE LIST OF CONDITIONAL 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 16-8-5-10.1, Accessory Dwelling Units, is hereby amended by adding zones and
modifying conditions as follows:
Accessory dwelling unit. One accessory dwelling unit may be allowed on a lot in the
R- 1, R-2, R-2A, R-3, R-4, OR, OC, and C-1 districts in accordance with the
following conditions:
A. Shall be located on the same zoning lot as the principal dwelling, which
shall be owner occupied;
B. Either the principal dwelling or the accessory dwelling shall be owner-
occupied;
C. Shall be incidental and subordinate to the principal dwelling as an
accessory use;
D. The principal dwelling shall be a single-family detached dwelling;
E. Shall not exceed fifty percent (50%) of the building footprint of the principal
dwelling or six hundred (600) total gross square feet, whichever is less;
F. Shall be in compliance with all applicable city housing, fire and building
codes for use as a complete, independent living facility with provisions for a
separate entrance, cooking, eating, sanitation, and sleeping;
G. Shall comply with the applicable bulk regulations for the district in which it
is located; and
H. Shall provide one off street parking space.
Section 2. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code Chapters 16-5-3 (R-2), 16-5-4 (R-2A), 16-5-5 (R-3), 16-5-6 (R-4), 16-5-7 (OR), 16-5-9
(OC), AND 16-5-10 (C-1) are hereby amended as follows:
16-5-3.2 Conditional Uses
Accessory dwelling unit
16-5-4.2 Conditional Uses
Accessory dwelling unit
16-5-5.2 Conditional Uses
Accessory dwelling unit
16-5-6.2 Conditional Uses
Accessory dwelling unit
16-5-7.2 Conditional Uses
Accessory dwelling unit
16-5-9.2 Conditional Uses
Accessory dwelling unit
16-5-10.2 Conditional Uses
Accessory dwelling unit
Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 4. The foregoing amendment shall take effect upon publication, as provided by law.
Passed, approved, and adopted this 16th day of May 2022.
/s/David T. Resnick, Mayor Pro Tem
Attest: /s/Trish L. Gleason, Assistant City Clerk
Published officially in the Telegraph Herald newspaper on the 20th day of May, 2022.
/s/ Trish L. Gleason, Assistant City Clerk
PUBLIC INPUT
Joel Pusateri, 3530 Hillcrest Rd., and Tom Billmeyer, 1357 W 5th St., spoke in opposition to
Action Item No. 2, expressing concern about the amount of money proposed for the investment
and the return on investment for Dubuque residents.
ACTION ITEMS
1. Grand River Center Presentation of 2021 Annual Report: Motion by Roussell to receive
and file the documents and listen to the presentation. Seconded by Jones. Mitzi Yordy, Manager
of the Grand River Center, made a presentation on the 2021 Annual Report. Motion carried 7-
0.
2. Travel Dubuque Request for Funding for Field of Dreams Project: City Manager
recommended Mayor and City Council approval of a $1,000,000 investment in the Field of
Dreams project through Travel Dubuque and that the City Manager be authorized to negotiate
the terms of this contribution. Motion by Farber to receive and file the documents and approve
the presentation. Seconded by Jones. City Manager Vann Milligen and Keith Rahe, President
and CEO of Travel Dubuque, respectively made presentations. Mr. Rahe responded to
questions from the City Council following the presentation. City Council Members expressed
support for the project. Motion amended by Farber to receive and file the documents, approve
the recommendation, and view the presentation. Seconded by Jones. Motion carried 7-0.
3. Flora Pool Shuttle: City Manager recommended that the city establish a free shuttle bus
between Sutton Pool and Flora Pool this summer seven days a week while Flora pool is open.
Motion by Sprank to receive and file the documents and approve the recommendation.
Seconded by Jones. Transportation Services Director Ryan Knuckey presented on the shuttle
plan. Leisure Services Manager Marie Ware and Recreation Division Manager Dan Kroger
responded to questions from the City Council. Motion carried 7-0.
4. Mystique Community Ice Center Ice Rink Concrete Subfloor Project - Award Public
Improvement Construction Contract: Motion by Jones to receive and file the documents and
adopt Resolution No. 198-22 Awarding Public Improvement Construction Contract for the
Mystique Ice Center Settlement Remediation Project. Seconded by Roussell. Motion carried 7-
0.
RESOLUTION NO. 198-22
AWARDING PUBLIC IMPROVEMENT CONSTRUCTION CONTRACT FOR THE MYSTIQUE
ICE CENTER ICE RINK CONCRETE SUBFLOOR PROJECT
Whereas, sealed proposals have been submitted by contractors for the Mystique Ice Center
Rink Concrete Subfloor Project, (the Project) pursuant to Resolution No. 137-22 and Notice to
Bidders published on the City of Dubuque, Iowa website and plan room service with statewide
circulation on the 8th day of April 2022; and
Whereas, said sealed proposals were opened and read on the 10th day of May 2022 and it
has been determined that Portzen Construction, Inc., of Dubuque, Iowa submitted low bid in the
amount of $379,000.00, and is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Construction Contract for the Project is hereby awarded to
Portzen Construction, Inc. and the City Manager is hereby directed to execute a Public
Improvement Construction Contract on behalf of the City of Dubuque for the Project.
Passed, adopted, and approved this 16th day of May 2022.
David T. Resnick, Mayor Pro Tem
Attest: Trish L. Gleason, Assistant City Clerk
5. Mystique Community Ice Center Settlement Remediation Project: Award Public
Improvement Construction Contract: Motion by Roussell to receive and file the documents and
adopt Resolution No. 199-22 Awarding Public Improvement Construction Contract for the
Mystique Ice Center Settlement Remediation Project. Seconded by Farber. Motion carried 7-0.
RESOLUTION NO. 199-22
AWARDING PUBLIC IMPROVEMENT CONSTRUCTION CONTRACT FOR THE MYSTIQUE
ICE CENTER SETTLEMENT REMEDIATION PROJECT
Whereas, sealed proposals have been submitted by contractors for the Mystique Ice Center
Settlement Remediation Project, (the Project) pursuant to Resolution No. 113-22 and Notice to
Bidders published on the City of Dubuque, Iowa website and plan room service with statewide
circulation on the 8th day of April 2022; and
Whereas, said sealed proposals were opened and read on the 10th day of May 2022 and it
has been determined that Keller North America, Inc., of Commerce City, CO. submitted low bid
in the amount of $1,822,443.00, and is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Construction Contract for the Project is hereby awarded to Keller
North America, Inc. and the City Manager is hereby directed to execute a Public Improvement
Construction Contract on behalf of the City of Dubuque for the Project.
Passed, adopted, and approved this 16th day of May, 2022.
David T. Resnick, Mayor Pro Tem
Attest: Trish L. Gleason, Assistant City Clerk
6. Amendment to the Radford Road Amended Urban Revitalization Area Plan : Motion by
Jones to receive and file the documents and adopt Resolution No. 200-22 Approving the
adoption of an Amended Urban Revitalization Plan for the Radford Road Urban Revitalization
Area. Seconded by Sprank. Motion carried 7-0.
RESOLUTION NO. 200-22
APPROVING THE ADOPTION OF AN AMENDED URBAN REVITALIZATION PLAN FOR
THE RADFORD ROAD URBAN REVITALIZATION AREA.
Whereas, on December 8, 2018 the City approved an Urban Revitalization Plan (the Plan)
for the Radford Road Urban Revitalization Area; and
Whereas, on February 7, 2020 the City Council set a public hearing for the review and
approval of an amendment to the Plan; and
Whereas, on April 4, 2022 the City Council set a public hearing to be held on April 18, 2022
for the review and approval of an amendment to the Plan; and
Whereas, the City held the required public hearing on April 18, 2022, and proposes adoption
of the Plan as amended.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The Amended Urban Revitalization Plan for the area known as the Radford Road Urban
Revitalization Area is hereby approved.
Passed, approved and adopted this 16th day of May, 2022.
David T. Resnick, Mayor Pro Tem
Attest: Trish L. Gleason, Assistant City Clerk
7. Amending Tax Increment Ordinance 37-21 for the Dubuque Industrial Center Economic
Development District, as amended by Version 2022.1 of the Amended and Restated Plan:
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 Jones. Motion carried 7-0.
Motion by Roussell for final consideration and passage of Ordinance No. No. 21-22 Amending
Ordinance No. 37-21, previously amended, providing that general property taxes levied and
collected each year on all property located within the Amended and Restated Dubuque Industrial
Center Economic Development District Urban Renewal Area of the City of Dubuque, County of
Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, C ounty of
Dubuque, Dubuque Community School District, and other Taxing Districts, be paid to a special
fund for payment of principal and interest on loans, monies advanced to and indebtedness,
including bonds issued or to be issued, incurred by said city in connection with the amended
and restated Dubuque Industrial Center Economic Development District Urban Renewal
Redevelopment Project by removing Subarea P from the Division of Revenues and Adding
Subarea Q to the Division Of Revenues. Seconded by Jones. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 21-22
AMENDING ORDINANCE NO. 37-21, PREVIOUSLY AMENDED, PROVIDING THAT
GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL
PROPERTY LOCATED WITHIN THE AMENDED AND RESTATED DUBUQUE INDUSTRIAL
CENTER ECONOMIC DEVELOPMENT DISTRICT URBAN RENEWAL AREA OF THE CITY
OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF
THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBUQUE
COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A
SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES
ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED,
INCURRED BY SAID CITY IN CONNECTION WITH THE AMENDED AND RESTATED
DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT URBAN
RENEWAL REDEVELOPMENT PROJECT BY REMOVING SUBAREA P FROM THE
DIVISION OF REVENUES AND ADDING SUBAREA Q TO THE DIVISION OF REVENUES
Whereas, the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center
Economic Development District (the “District”) described in Resolution No. 130-88 was adopted
on May 2, 1988 and was thereafter amended and restated by Resolution No. 484 -90 on
December 17, 1990, Resolution No. 142 -97 on April 7, 1997, Resolution No. 478-97 on
November 17, 1997, Resolution No. 15-08 on January 7, 2008, Resolution No. 101-08 on March
17, 2008, Resolution No. 109-08 on April 7, 2008, Resolution No. 87-11 on March 7, 2011,
Resolution No. 171-13 on June 3, 2013, Resolution No. 197-15 on June 1, 2015, Resolution No.
309-15 on September 8, 2015, Resolution No. 132 -16 on September 19, 2016, Resolution No.
157-18 and Resolution No. 158-18 on May 21, 2018, Resolution 380-18 on December 17, 2018,
Resolution 125-21 and Resolution 126-21 on April 19, 2021, Resolution 323-21 and Resolution
324-21 on September 20, 2021, Resolution 387-21 on November 1, 2021, and Resolution 197-
22 on May 16, 2022 (as amended and restated, the “Urban Renewal Plan” or “Amended and
Restated Urban Renewal Plan”); and
Whereas, the City Council of the City of Dubuque, Iowa originally provided for the division of
taxes pursuant to Section 403.19 of the Code of Iowa within the District in Ordinance No. 26 -88
passed and approved on May 2, 1988 and thereafter amended and restated by O rdinance No.
63-88 on December 5, 1988, by Ordinance No. 66-97 on November 17, 1997, by Ordinance No.
70-08 on October 20, 2008, by Ordinance No. 10 -14 on February 3, 2014, by Ordinance No.
39-15 on June 1, 2015, by Ordinance No. 55 -15 on September 8, 2015, by Ordinance No. 49-
16 on September 19, 2016, Ordinance 18-18 on May 21, 2018, by Ordinance 45-18 on
December 17, 2018, by Ordinance 15-21 and Ordinance 16-21 on April 19, 2021, by Ordinance
22-21 on June 7, 2021, by Ordinance 31-21 and Ordinance 32-21 on September 20, 2021, and
by Ordinance 37-21 on November 1, 2022; and
Whereas, indebtedness has been incurred by the City, and additional indebtedness is
anticipated to be incurred in the future, to finance urban renewal project activities within the
District, and the continuing needs of redevelopment within the District are such as to require the
continued application of the incremental tax resources of the District; and
Whereas, the following enactment is necessary to accomplish the objectives describ ed in the
premises.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Ordinance Number 37-21 is hereby amended to read as follows:
Section 1: For purposes of this Ordinance, the following terms shall have the follow ing
meanings:
(a) Original Project Area means that portion of the City of Dubuque, Iowa described in the
Urban Renewal Plan for the District approved by Resolution No. 130-88 on May 2, 1988, and
subsequently amended by Resolution No. 484 -90 on December 17, 1990, which Original
Project Area includes the lots and parcels located within the area now legally described as
follows:
All of Dubuque Industrial Center Eighth Addition; and
All of Lot 1 Dubuque Industrial Center 13th Addition; and
Lot 2 Dubuque Industrial Center 13th Addition; and
Lot 1-2-2 Dubuque Industrial Center Fifth Addition; and
Lot 1 Dubuque Industrial Center Fifth Addition; and
Lot 1 Dubuque Industrial Center 11th Addition; and
Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and
Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and
Lot 1-3 Dubuque Industrial Center 12th Addition; and
Lot 1 of lot 3 of final plat of lot 1 of Dubuque Industrial Center First Addition; and
Lot 1 Dubuque Industrial Center 10th Addition; a nd
Lot 2-3 Dubuque Industrial Center 12th Addition; and
Lots 1 & 2 of final plat of lot 1 of Dubuque Industrial Center First Addition; and
Lot 1 Dubuque Industrial Center 12th Addition; and
Lot 2 Dubuque Industrial Center Ninth Addition; and
Lot 2 Dubuque Industrial Center 12th Addition; and
Lot 2-2 Dubuque Industrial Center Sixth Addition; and
Lot 3 Dubuque Industrial Center Ninth Addition; and
Lot 1 Dubuque Industrial Center Sixth Addition; and
Lot 2 of 2 Dubuque Industrial Center 7th Addition; and
Lot 2-1 Walter Addition; and
Lot 2-1 Walter Addition; and
And all adjoining public right-of-way, all in the City of Dubuque, Dubuque County, Iowa.
The Original Project Area is referred to as "Subarea A" in the Urban Renewal Plan
hereinafter described.
(b) Subarea B has been removed from the division of revenues by Ordinance 22 -21 on
June 7, 2021.
(c) Subarea C means that portion of the City of Dubuque, Iowa described as Subarea C
in the Amended and Restated Urban Renewal Plan for the District approved by Resolution
No. 324-21 on September 20, 2021, which Subarea C includes the lots and parcels located
within the area legally described as follows:
Lots 1 and 2 of Dubuque Industrial Center North Second Addition; and
Lots 2, 3, C and A of Dubuque Industrial Center North First Addition, excepting that Part
of said Lot A originally platted as Lot 2 of the SW ¼ of the NW ¼ of Sec. 30, T89N, R2E
of the 5th PM; and
and any adjoining public street right-of-way, all in the City of Dubuque, Dubuque County,
Iowa,
EXCEPT those lots and parcels included in Subarea K and those lots and parcels
included in Subarea O.
(d) Subarea D means that portion of the City of Dubuque, Iowa described as Subarea D
in the Amended and Restated Urban Renewal Plan for the District approved by Resolution
No. 109-08 on April 7, 2008, which Subarea D includes the lots and parcels located within
the area legally described as follows:
Lots 1, 2, and B and all of the right of way of Chavenelle Court in Dubuque Industrial
Center West 8th Addition in the City of Dubuque, Dubuque County, Iowa.
(e) Subarea E means that portion of the City of Dubuque, Iowa described as Subarea E
in the Amended and Restated Urban Renewal Plan for the District approved by Resolution
No. 87-11 on March 7, 2011, which Subarea E includes the lots and parcels located within
the area legally described as follows:
All of Lot 1 of 1 and Lot 1 of 2 of the South Fork Subdivision No. 1 as originally platted,
including any adjoining public street right-of-way to said lots, all in the City of Dubuque,
Dubuque County, Iowa, and;
All of Seippel Road right of way from the north boundary line of Lot 1 of 1 of South Fork
Subdivision No. 1 in the City of Dubuque, to the south boundary lines of Lot H of Dubuque
Industrial Center West and Lot 1 of Dubuque Industrial Center West 2nd Addition in the
City of Dubuque, Dubuque County, Iowa, including crossings at the intersections of Old
Highway Road and Chicago Central & Pacific Railroad rights -of-way.
(f) Subarea F means that portion of the City of Dubuque, Iowa, and Dubuque County
described as Subarea F in the Amended and Restated Urban Renewal Plan for the District
approved by Resolution No. 197-15 on June 1, 2015, which Subarea F includes the lots and
parcels located within the area legally described as follows:
Lot one (1) of Graf Farm Subdivision #2, Dubuque County, Iowa, according to the
recorded plat thereof;
Lot 1 of Lot 1 of Lot 1 of Lot 1 of West One -half of Northeast One-quarter, Section 25,
Township 89 North, Range 1 East of the 5th Principal Meridian, in Center Township,
Dubuque County, Iowa;
Lot 2 in “W.A. Norman Place" in Section 25, Center Township, Dubuque County, Iowa,
according to the plat thereof; and
The NW 1/4 of the SE 1/4 of Section 25, Township 89 North, Range 1 East of the 5th
P.M., in Center Township, Dubuque County, Iowa.
(g) Subarea G means that portion of the City of Dubuque, Iowa, and Dubuque County
described as Subarea G in the Amended and Restated Urban Renewal Plan for the District
approved by Resolution No. 309-15 on September 8, 2015, which Subarea G includes the
lots and parcels located within the area legally described as follows:
The South one-half of the Northwest Quarter of Section 29, Township 89 North, Range
2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa.
Lot 1 of Lot 1 of the Northwest Quarter of the Northwest Quarter of Section 29, Township
89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa.
Lot 2 of McFadden Farm Place #2, in the City of Dubuque, Iowa.
Lot 2 of McFadden Farm Place, in the City of Dubuque, Iowa.
Lot A of Lot 1 of 1 of the Southwest Quarter of the Southwest Quarter of Section 29,
Township 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque,
Iowa.
Lot A of Lot 1 of 1 of the Northwest Quarter of the Southwest Quarter of Section 29,
Township 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque,
Iowa.
All in the City of Dubuque, Dubuque County, Iowa.
(h) Subarea H means that portion of the City of Dubuque, Iowa, and Dubuque County
described as Subarea H in the Amended and Restated Urban Renewal Plan for the District
approved by Resolution No. 332-16 on September 19, 2016, which Subarea H includes the
lots and parcels located within the area legally described as follows:
Lot 1 of the Northeast ¼ of the Northeast ¼, and Lot 2 of Lot 1 of Lot 1 of Lot 2 of the
Northeast ¼ of the Northeast ¼, of Section 30, in Township 89 North, Range 2 East of the
5th Principal Meridian, in the City of Dubuque, Iowa.
(i) Subarea I means that portion of the City of Dubuque, Iowa, and Dubuque County
described as Subarea I in the Amended and Restated Urban Renewal Plan for the District
approved by Resolution No. 332-16 on September 19, 2016, which Subarea I includes the
lots and parcels located within the area legally described as follows:
Lot 2 Seippel Road Place #2, Dubuque County, Iowa.
Lot 2-1-1 of the Southeast Quarter of the Southeast Quarter of Section 25, Township
89 North, Range 2 East of the 5th Principal Meridian, Dubuque County, Iowa
(j) Subarea J means that portion of the City of Dubuque, Iowa, and Dubuque County
described as Subarea J in the Amended and Restated Urban Renewal Plan for the District
approved by Resolution No. 332-16 on September 19, 2016, which Subarea J includes the
lots and parcels located within the area legally described as follows:
Lot 2 Julien Care Place, Dubuque County, Iowa.
Lot 3 Julien Care Place, Dubuque County, Iowa
Lot 2-1 Julien Care Place, Dubuque County, Iowa
(k) Subarea K means that portion of the City of Dubuque, Iowa, removed from Subarea C
of the District by Version 2018.1 of the Amended and Restated Plan for the District approved
by Resolution No. 157-18, and added to the District by Version 2018.2 of the Amended and
Restated Plan for the District approved by Resolution No. 158-18 as Subarea K, all on May
21, 2018, which Subarea K includes the lots and parcels located within the area legally
described as follows:
Lot 1 of Dubuque Industrial Center North Third Addition, in the City of Dubuque, Iowa.
(l) Subarea L means that portion of the City of Dubuque, Iowa described as Subarea L in
the Amended and Restated Urban Renewal Plan for the District approved by Resolution 380-
18 on December 17, 2018, which Subarea L includes the lots and parcels located within the
area legally described as follows:
Lot 1 of Loretta Bahl’s Homestead, in the City of Dubuque, Iowa, comprised of Lot 1 of
the West 30 Acres of the Southwest ¼ of the Southeast ¼, Section 19, Township 89 North,
Range 2 East of the 5th P.M. all in the City of Dubuque, Dubuque County, Iowa.
(m) Subarea M means that portion of the City of Dubuque, Iowa described as Subarea M
in the Amended and Restated Urban Renewal Plan for the District approved by Resolution
380-18 on December 17, 2018, which Subarea M includes the lots and parcels located within
the area legally described as follows:
Lot 2 of the Subdivision of Lot 2 of the Northeast ¼ of the Northeast ¼ of Section 30,
Township 89 North, Range 2 East of the 5th P.M. all in the City of Dubuque, Dubuque
County, Iowa.
(n) Subarea N means that portion of the City of Dubuque, Iowa described as Subarea N in
the Amended and Restated Urban Renewal Plan for the District approved by Resolution 126-
21 on April 19, 2021, which Subarea N includes the lots and parcels located within the area
legally described as follows:
Lot 1 of Dubuque Industrial Center North First Addition, in the C ity of Dubuque, Iowa;
and
All of the street right of way of Innovation Drive adjacent to Lot 1 of Dubuque Industrial
Center North First Addition, in the City of Dubuque, Iowa.
All in the City of Dubuque, Iowa
(o) Subarea O means that portion of the City of Dubuque, Iowa removed from Subarea C
and now described as Subarea O in the Amended and Restated Urban Renewal Plan for the
District approved by Resolution 324-21 on September 20, 2021, which Subarea O includes
the lots and parcels located within the area legally described as follows:
Lot 2 of Dubuque Industrial Center North Third Addition, in the City of Dubuque, Iowa;
and
A Part of Lot C in Dubuque Industrial Center North First Addition in the City of Dubuque,
Iowa, being more particularly described as follows:
Commencing at the northwest corner of Lot 1 in Dubuque Industrial Center North
Second Addition in the City of Dubuque, Iowa;
Thence North 87 degrees 35 minutes 13 seconds East along the north line of said Lot
1, 65.47 feet to the Point of Beginning;
Thence North 87 degrees 35 minutes 13 seconds East continuing along said north line
of Lot 1, 467.29 feet;
Thence South 82 degrees 04 minutes 06 seconds East continuing along said north line
of Lot 1, 212.63 feet;
Thence North 19 degrees 12 minutes 36 seconds East, 433.37 feet, to a point on the
easterly line of Lot 2 in Dubuque Industrial Center North Third Addition in the City of
Dubuque, Iowa;
Thence North 90 degrees 00 minutes 00 seconds West, 231.12 feet;
Thence North 60 degrees 11 minutes 47 seconds West, 280.07 feet;
Thence North 51 degrees 38 minutes 25 seconds West, 318.12 feet;
Thence South 57 degrees 28 minutes 14 seconds West, 86.87 feet;
Thence South 18 degrees 59 minutes 51 seconds East, 140.84 feet;
Thence South 51 degrees 57 minutes 52 seconds East, 101.08 feet;
Thence South 01 degree 57 minutes 06 seconds East, 108.09 feet;
Thence South 33 degrees 59 minutes 54 seconds East, 90.10 feet;
Thence South 44 degrees 57 minutes 34 seconds East, 130.53 feet;
Thence South 12 degrees 19 minutes 12 seconds West, 171.97 feet;
Thence South 87 degrees 35 minutes 13 seconds West, 260.33 feet;
Thence South 02 degrees 35 minutes 19 seconds East, 40.00 feet, to the Point of
Beginning, said part of Lot C contains 6.59 acres, more or less.
All in the City of Dubuque, Iowa
(p) Subarea P means that portion of Dubuque County and the City of Dubuque, Iowa
described as Subarea P in the Amended and Restated Urban Renewal Plan for the District
approved by Resolution -21 on November 1, 2021, which Subarea P includes the lots and
parcels located within the area legally described as follows:
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 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
All 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
All 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
All that land acquired for highway right of way by the Iowa Department of Transportation
known as Lot A of Lot 2 of the Southwest 1/4 of the Northwest 1/4, all in Section 13,
Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa,
containing 7.50 acres and as shown and described in the warranty deed filed as instrument
number 2010-00007163 in the Dubuque County Recorder’s Office; and
A part of that land acquired for highway right of way by the Iowa Department of
Transportation known as Lot A of Lot 2 of 3 of Archdiocese Place No. 2 at Key West in
Section 11, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque and of
Lot 2 of the Northwest 1/4 of the Northeast 1/4 and of Lot 2 of 1 of the Northeast 1/4 of the
Northeast 1/4 and of Lot 1 of the Southeast Quarter of the Northeast Quarter, all in Section
14, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa,
containing 51.12 acres and as shown and described in the warranty deed filed as
instrument number 2011-00018392 in the Dubuque County Recorder’s Office, more
particularly described as follows:
Commencing at the east 1/4 corner of said section 14; thence south 87° (degrees) 30'
(minutes) 08" (seconds) west (assumed bearing for the purpose of this description) on the
south line of the northeast 1/4 of said section 14, a distance of 316.67 feet to the southeast
corner of said lot 1 of the southeast 1/4 of the northeast 1/4 which is on the present
northwesterly right-of-way line of U.S. highway 61, being the point of beginning of the area
herein described; thence continuing south 87°30'08" west on said south line, also being
the south line of said lot 1 of the southeast 1/4 of the northeast 1/4, a distance of 744.37
feet to the west line of said lot 1 of the southeast 1/4 of the northeast 1/4; thence north
01°46'59" west on said west line, 365.46 feet; thence north 02°36'29" wes t on said west
line, 258.32 feet to the northwesterly line of said lot 1 of the southeast 1/4 of the northeast
1/4; thence north 15°33'01" east on said northwesterly line, 189.90 feet; thence north
20°16'31" east on said northwesterly line, 100.25 feet; th ence north 31°16'30" east on said
northwesterly line, 371.74 feet; thence north 51°35'55" east on said northwesterly line,
46.89 feet; thence north 26°34'03" east on said northwesterly line, 112.65 feet to the
northwest corner of said lot 1 of the southeast 1/4 of the northeast 1/4, also being the
southwest corner of said lot 2 of 1 of the northeast 1/4 of the northeast 1/4; thence north
35°25'51" east on the westerly and southwesterly line of said lot 2 of 1 of the northeast 1/4
of the northeast 1/4, a distance of 200.90 feet; thence north 01°11'53" west on said
westerly and southwesterly line, 284.09 feet; thence north 51°36'20" west on said westerly
and southwesterly line, 173.35 feet; thence south 73°41'30" east a distance of 115.82 feet;
thence south 48°36'34" east on the northeasterly line of said lot 2 of 1 of the northeast 1/4
of the northeast 1/4, 759.07 feet to the southeast corner of said lot 2 of 1 of the northeast
1/4 of the northeast 1/4, also being the northeast corner of said lot 1 of the sout heast 1/4
of the northeast 1/4; thence south 02°41'19" east on the easterly line of said lot 1 of the
southeast 1/4 of the northeast 1/4, a distance of 954.91 feet to the present northwesterly
right-of-way line of U.S. highway 61; thence south 38°00'39” west on said northwesterly
right-of-way line, 485.62 feet to the point of beginning, containing 31.49 acres, more or
less; and
An 80-foot-wide strip of land in the Southeast Half of Section 31, Township 89 North,
Range 2 East, The Southwest Quarter of Section 32, Township 89 North, Range 2 East,
the North Half of Section 5, Township 88 North, Range 2 East, the Northwest, Northeast,
and Southeast Quarters of Section 4, Township 88 North, Range 2 East, the South Half of
Section 3, Township 88 North, Range 2 East, the Southwest Quarter of Section 2,
Township 88 North, Range 2 East, the Northwest, Northeast, and Southeast Quarters of
Section 11, Township 88 North, Range 2 East, and the Northeast Quarter of Section 14,
Township 88 North, Range 2 East, of the Fifth Principal Meridian, centered on the following
described line:
Commencing at the Southeast Corner of Lot B, Dubuque Industrial Center South First
Addition, in the City of Dubuque, Dubuque County, Iowa (Record Doc. #2014 -1397), at the
Northerly Right-of-Way of Seippel Road; thence South 35°44’18” East (Record North
35°52’10” West) along the East Line of said First Addition, 11.13 feet; thence South
10°51’45” East, 40.00 feet to the centerline of Seippel Road, the Point of Beginning; thence
North 79°08’15” East along said centerline, 1004.09 feet; thence Easterly along the
centerline of U. S. Highway 52 and the extension thereof an arc length of 880.50 feet along
a 1,200.00 foot radius curve being concave southerly, having a long chord of South
79°50’32” East, 860.88 feet; thence South 58°49’18” East along said centerline of U. S.
Highway 52, 2,489.33 feet; thence Southeasterly along said centerline of U. S. Highway
52 an arc length of 3,363.36 feet along a 12,000.00 foot radius curve being concave
Northeasterly, having a long chord of South 66 °51’04” East, 3,352.36 feet; thence South
74°52’50” East along said centerline of U. S. Highway 52, 1318.07 feet; thence
Southeasterly along said centerline of U. S. Highway 52 an arc length of 1,569.39 feet
along a 12,000.00 foot radius curve being concave Southwesterly, having a long chord of
South 71°08’02” East, 1,568.27 feet; thence South 67°23’15” East along said centerline of
U. S. Highway 52, 1093.39 feet; thence Southeasterly along said centerline of U. S.
Highway 52 an arc length of 1,414.18 feet along a 23,000.00 foot radius curve being
concave Southwesterly, having a long chord of South 65 °37’33” East, 1,413.95 feet;
thence South 63°51’52” East along said centerline of U. S. Highway 52, 947.44 feet;
thence Southeasterly along said centerline of U. S. Highway 52 an arc length of 1,134.73
feet along a 8,000.00 foot radius curve being concave Northeasterly, having a long chord
of South 67°55’41” East, 1,133.78 feet; thence South 71°59’29” East along said centerline
of U. S. Highway 52, 3,507.89 feet; thence Southeasterly along said centerline of U. S.
Highway 52 an arc length of 7,787.63 feet along a 7,500.00 foot radius curve being
concave Southwesterly, having a long chord of South 42 °14’42” East, 7,442.46 feet;
thence South 12°29’54” East along said centerline of U. S. Highway 52, 750.54 feet;
thence Southeasterly along said centerline of U. S. Highway 52 an arc length of 449.54
feet along a 4,000.00foot radius curve being concave Northeasterly, having a lon g chord
of South 15°43’05” East, 449.31 feet, to the End Point, the sidelines of said 80 -foot-wide
strip of land are to be shortened or lengthened to the intersection of the easterly line of
Dubuque Industrial Center South First Addition, in the City of Du buque, Dubuque County,
Iowa as recorded in Doc. #2014-1397 and the intersection of the northerly line of Lot 1 and
Lot 1 of 1 as recorded in Doc. #2010-3964.
(q) Subarea Q means that portion of the City of Dubuque, Iowa described as Subarea Q
in the Amended and Restated Urban Renewal Plan for the District approved by Resolution
197-22 on May 16, 2022, which Subarea Q includes the lots and parcels located within the
area legally described as follows:
Lot 1-5 of Dubuque Industrial Center West 5th Addition in the City of Dubuque, Iowa
All in the City of Dubuque, Iowa
(r) Amended Project Area means that portion of the City of Dubuque, Iowa and Dubuque
County included within the Original Project Area, Subarea C, Subarea D, Subarea E, Subarea
F, Subarea G, Subarea H, Subarea I, Subarea J, Subarea K, Subarea L, Subarea M, Subarea
N, Subarea O, Subarea P, and Subarea Q each as described in this Section.
Section 2: The taxes levied on the taxable property in the Amended Project Area, and each
subarea thereof, legally described in Section 1 hereof, by and for the benefit of the State of Iowa,
City of Dubuque, County of Dubuque, Dubuque Community School District, and all other taxing
districts from and after the effective date of this Ordinance shall be divided as hereinafter in this
Ordinance provided.
Section 3: As to the Original Project Area, that portion of the taxes which would be produced
by the rate at which the tax is levied each year by or for e ach of the taxing districts taxing property
in the Original Project Area upon the total sum of the assessed value of the taxable property in
the Original Project Area as shown on the assessment roll as of January 1, 1987, being the first
day of the calendar year preceding the effective date of Ordinance No. 26-88, shall be allocated
to and when collected be paid into the fund for the respective taxing district as taxes by or for
said taxing district into which all other property taxes are paid. The taxes s o determined shall
be referred herein as the "base period taxes" for such Subarea.
As to Subarea B, Subarea B has been removed from the division of revenues by Ordinance
22-21. Subarea B will remain within the District.
As to Subarea C (except the lots and parcels now forming Subarea K and those lots and
parcels removed by Amended and Restated Urban Renewal Plan Version 2021.4 now
forming Subarea O), base period taxes shall be computed in the same manner using the total
assessed value shown on the assessment roll as of January 1, 2007, being the assessment
roll applicable to property in such subarea as of January 1 of the calendar year preceding the
effective date of Ordinance No. 70-08, and base values shall be reduced due to the removal
of area from Subarea C.
As to Subarea D, base period taxes shall be computed in the same manner using the total
assessed value shown on the assessment roll as of January 1, 2007, being the assessment
roll applicable to property in such subarea as of January 1 of the calendar year preceding the
effective date of Ordinance No. 70-08.
As to Subarea E, base period taxes shall be computed in the same manner using the total
assessed value shown on the assessment roll as of January 1, 2013, being the assessment
roll applicable to property in such subarea as of January 1 of the calendar year preceding the
effective date of Ordinance No.10-14.
As to Subarea F, base period taxes shall be computed in the same manner using the total
assessed value shown on the assessment roll as of January 1, 2014, being the assessment
roll applicable to property in such subarea as of January 1 of the calendar year preceding the
effective date of Ordinance No. 39-15.
As to Subarea G, base period taxes shall be computed in the same manner using the total
assessed value shown on the assessment roll as of January 1, 2014, being the assessment
roll applicable to property in such subarea as of January 1 of the calendar year preceding the
effective date of Ordinance No. 55-15.
As to Subarea H, base period taxes shall be computed in the same manner using the total
assessed value shown on the assessment roll as of January 1, 2015, being the assessment
roll applicable to property in such subarea as of January 1 of the calendar year preceding the
effective date of Ordinance No. 49-16.
As to Subarea I, base period taxes shall be computed in the same manner using the total
assessed value shown on the assessment roll as of January 1, 2015, being the assessment
roll applicable to property in such subarea as of January 1 of the calendar year preceding the
effective date of Ordinance No. 49-16.
As to Subarea J, base period taxes shall be computed in the same manner using the total
assessed value shown on the assessment roll as of January 1, 2015, being the asse ssment
roll applicable to property in such subarea as of January 1 of the calendar year preceding the
effective date of Ordinance No. 49-16.
As to Subarea K, base period taxes shall be computed in the same manner using the total
assessed value shown on the assessment roll as of January 1, 2017, being the assessment
roll applicable to property in such subarea as of January 1 of the calendar year preceding the
effective date of Ordinance No. 18-18.
As to Subarea L, base period taxes shall be computed in the same manner using the total
assessed value shown on the assessment roll as of January 1, 2017, being the assessment
roll applicable to property in such subarea as of January 1 of the calendar year preceding the
effective date of Ordinance No. 45-18.
As to Subarea M, base period taxes shall be computed in the same manner using the total
assessed value shown on the assessment roll as of January 1, 2017, being the assessment
roll applicable to property in such subarea as of January 1 of the calendar year preceding the
effective date of Ordinance No. 45-18.
As to Subarea N, base period taxes shall be computed in the same manner using the total
assessed value shown on the assessment roll as of January 1, 2020, being the assessment
roll applicable to property in such subarea as of January 1 of preceding the effective date of
Ordinance No. 16-21.
As to Subarea O, base period taxes shall be computed in the same manner using the total
assessed value shown on the assessment roll as of January 1, 2020, being the assessment
roll applicable to property in such subarea as of January 1 of preceding the effective date of
Ordinance 32-21.
As to Subarea P, Subarea P has been removed from the division of revenues by this
Ordinance 21-22. Subarea P will remain within the District.
As to Subarea Q, base period taxes shall be computed in the same manner using the total
assessed value shown on the assessment roll as of January 1, 2022, being the assessment
roll applicable to property in such subarea as of January 1 of the calendar year preceding the
effective date of this Ordinance No. 21-22.
Section 4: That portion of the taxes each year in excess of the base period taxes for the
Amended Project Area, determined for each sub-area thereof as provided in Section 3 of this
Ordinance, shall be allocated to and when collected be paid into the special tax increment fund
previously established by the City of Dubuque to pay the principal of and interest on loans,
monies advanced to, or indebtedness, whether funded, refunded, assumed or otherwise,
including bonds issued under authority of Section 403.9 or Section 403.12 of the Code of Iowa,
incurred by the City of Dubuque, Iowa to finance or refinance, in whole or in part, urban renewal
projects undertaken within the District pursuant to the Urban Renewal Plan, except that taxes
for the regular and voter-approved physical plant and equipment levy of a school district imposed
pursuant to Section 298.2 of the Code of Iowa and taxes for the instructional support program
of a school district imposed pursuant to Section 257.19 (but in each case only to the extent
required under Section 403.19(2)), taxes for the payment of bonds and interest of each taxing
district, and taxes imposed under Section 346.77 (22) related to joint county -city buildings, shall
be collected against all taxable property within the Amended Project Area without any limitation
as hereinabove provided.
Section 5: Unless or until the total assessed valuation of the taxable property in the subareas
of the Amended Project Area exceeds the total assessed value of the taxable property in said
subareas shown by the assessment rolls referred to in Section 3 of this Ordinance, all of the
taxes levied and collected upon the taxable property in the Amended Project Area shall be paid
into the funds for the respective taxing districts as taxes by or for the taxing districts in the same
manner as all other property taxes.
Section 6: At such time as the loans, monies advanced, bonds and interest thereon and
indebtedness of the City of Dubuque referred to in Section 4 hereof have been paid, all monies
thereafter received from taxes upon the taxable property in the Amended Project Area shall be
paid into the funds for the respective taxing districts in the same manner as taxes on all other
property.
Section 7: All ordinances or parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be
construed so as to continue the division of taxes from taxable property in the Amended Project
Area under the provisions of Section 403.19 of the Code of Iowa, as authorized in this Ordinance
No. 21-22. In the event that any provision of this Ordinance shall be determined to be contrary
to law it shall not affect other provisions or application of this Ordinance which shall at all times
be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with reference
to the Amended Project Area and the subareas contained therein.
Section 8: This Ordinance shall be in effect after its final passage, approval and publication
as provided by law.
Passed and approved this 16th day of May, 2022.
/s/ David T. Resnick, Mayor Pro Tem
Attest: /s/ Trish L. Gleason, Assistant City Clerk
Published officially in the Telegraph Herald newspaper on the 20th day of May, 2022.
/s/ Trish L. Gleason, Assistant City Clerk
8. Proceedings for Directing Sale of $2,525,000 Tax Exempt General Obligation Bonds,
Series 2022A and $7,055,000 Taxable General Obligation Bonds, Series 2022B and Awarding
Bonds to Best Bidder: Motion by Farber to receive and file the documents and adopt Resolution
No. 201-22 Directing Sale of $2,525,000* (Subject To Adjustment Per Terms of Offering)
General Obligation Bonds, Series 2022A and Resolution No. 202-22 Directing Sale of
$7,055,000* (Subject To Adjustment Per Terms of Offering) Taxable General Obligation Bonds,
Series 2022B. Seconded by Roussell. Tionna Pooler, of Independent Public Advisors, made a
presentation on the bond sale. City Council Members commended the bond rating. Motion
carried 7-0.
RESOLUTION NO. 201-22
DIRECTING SALE OF $2,525,000* (SUBJECT TO ADJUSTMENT PER TERMS OF
OFFERING) GENERAL OBLIGATION BONDS, SERIES 2022A
Whereas, bids have been received for the Bonds described as follows and the best bid
received (with permitted adjustments, if any) is determined to be the following:
$2,525,000* (SUBJECT TO ADJUSTMENT PER TERMS OF OFFERING)
GENERAL OBLIGATION BONDS, SERIES 2022A
Bidder: Bernardi Securities, Inc. of Northfield, IL
The terms of award:
Final Par Amount as adjusted: $2,525,000.00
Purchase Price as adjusted: $ 2,553,979.90
True Interest Rate: 3.937784%
Net Interest Cost: $1,180,253.92
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
Section 1. That the bid for the Bonds as above set out is hereby determined to be the best
and most favorable bid received and, the Bonds are hereby awarded as described above.
Section 2. That the statement of information for Bond bidders and the form of contract for the
sale of the Bonds are hereby approved and the Mayor and Clerk are authorized to execute the
same on behalf of the City.
Section 3. That the notice of the sale of the Bonds heretofore given and all acts of the Clerk
done in furtherance of the sale of the Bonds are hereby ratified and approved.
Passed and approved this 16th day of May, 2022.
David T. Resnick, Mayor Pro Tem
Attest: Trish L. Gleason, Assistant City Clerk
RESOLUTION NO. 202-22
DIRECTING SALE OF $7,055,000* (SUBJECT TO ADJUSTMENT PER TERMS OF
OFFERING) TAXABLE GENERAL OBLIGATION BONDS, SERIES 2022B
Whereas, bids have been received for the Bonds described as follows and the best bid
received (with permitted adjustments, if any) is determined to be the following:
$7,055,000* (SUBJECT TO ADJUSTMENT PER TERMS OF OFFERING)
TAXABLE GENERAL OBLIGATION BONDS, SERIES 2022B
Bidder: Robert W. Baird & Co., Inc. of Milwaukee, WI
The terms of award:
Final Par Amount as adjusted: $7,055,000.00
Purchase Price as adjusted: $ 7,000,860.75
True Interest Rate: 4.414542%
Net Interest Cost: $4,034,409.67
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
Section 1. That the bid for the Bonds as above set out is hereby determined to be the best
and most favorable bid received and, the Bonds are hereby awarded as described above.
Section 2. That the statement of information for Bond bidders and the form of contract for the
sale of the Bonds are hereby approved and the Mayor and Clerk are authorized to execute the
same on behalf of the City.
Section 3. That the notice of the sale of the Bonds heretofore given and all acts of the Clerk
done in furtherance of the sale of the Bonds are hereby ratified and approved.
Passed and approved this 16th day of May, 2022.
David T. Resnick, Mayor Pro Tem
Attest: Trish L. Gleason, Assistant City Clerk
COUNCIL MEMBER REPORTS
Council Member Jones reported on attending a recent dedication for Jean Marie Cardinal
hosted by Sons of the American Revolution .
Mayor Cavanagh reported on his current activities in Washington D.C., including participating
in National League of Cities panels on disaster mitigation and best practices in infrastructure
and attending meetings with Director of Strategic Partnerships Teri Goodmann and Director of
the Office of Shared Prosperity and Neighborhood Support Anderson Sainci.
Mayor Pro Tem Resnick reported on attending the Midwest Gang Investigators Conference
and attending Dubuque Chorale’s 50th Anniversary concert.
Council Member Wethal reported on attending NICC’s graduation ceremony.
Council Member Sprank reported that Fulton School is hosting a celebration event on May
22nd.
CLOSED SESSION
Motion by Jones to convene in closed session at 9:13 p.m. to discuss Purchase or Sale of
Real Estate - Chapter 21.5(1)(j) Code of Iowa. Seconded by Sprank. Mayor Pro Tem Resnick
stated for the record that the attorney who will consult with City Council on the issues to be
discussed in the closed session is City Attorney Brumwell. Motion carried 7-0.
The City Council reconvened in open session at 9:51 p.m. stating that staff had been given
proper direction.
There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:53
p.m.
/s/Trish L. Gleason, Assistant City Clerk