09 19 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 September 19, 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,
Wethal; City Attorney Brumwell.
Mayor Cavanagh read the call and stated this is a special session of the City Council called
for the purpose of conducting work sessions to receive updates on Project HOPE and Inclusive
Dubuque.
WORK SESSIONS (2)
1. Project HOPE Quarterly Update -Alex Baum, Director of Initiatives for the Community
Foundation of Greater Dubuque, presented a quarterly report on Project HOPE’s ongoing work.
Mr. Baum responded to questions from the City Council regarding data on immigrant popula-
tions and challenges resulting from unavailable datasets.
This work session concluded at 6:03 p.m.
2. Inclusive Dubuque Quarterly Update - Alex Baum, Director of Initiatives for the Community
Foundation of Greater Dubuque, presented a quarterly report on Inclusive Dubuque. Mr. Baum
responded to a question from the City Council on similarities Dubuque has with other cities
regarding housing challenges.
There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:26
p.m.
/s/Adrienne N. Breitfelder, 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 September 19, 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,
Wethal; City Manager Van Milligen (attended virtually), City Attorney Brumwell.
Mayor Cavanagh read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the City Council.
PLEDGE OF ALLEGIANCE
PRESENTATION(S)
1. 2022 Telegraph Herald Rising Star Award Recognition : Megan Gloss, Features Editor for
the Telegraph Herald, recognized AmeriCorps Director Heather Satterly and Community En-
gagement Coordinator Temwa Phiri for being selected as 2022 Rising Stars.
PROCLAMATION(S)
1. Days of Peace and Nonviolence (September 17 - October 11, 2022) was accepted by
Richard Fischer on behalf of the Day of Peace Committee.
2. Clean Energy Week (September 26 - September 30, 2022) was accepted by Sustainability
Coordinator Gina Bell, Climate Action Coordinator Amanda Lewis, and Michela Freiburger with
the Dubuque County Energy District.
3. Crop Walk Day in Dubuque (October 1, 2022) was accepted by Sara McCaw on behalf of
Dubuque Area Congregations United.
4. The Inaugural Dubuque - Night of Lights (October 4, 2022) was accepted by Jillayne
Pilchuck and Wes Heitzman on behalf of Bluff Strokes.
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of
as indicated. Seconded by Farber. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council Proceedings of 9/6/22; Airport Commission
of 8/23/22; Civil Service Commission of 8/30/22 and 9/7/22; Library Board of Trustees Update
of 8/25/22; Zoning Advisory Commission of 9/7/22; Zoning Board of Adjustment of 8/25/22;
Proof of Publication for City Council Proceedings of 8/22/22, 8/23/22, and 8/24/22. Upon motion
the documents were received and filed.
2. Notice of Claims and Suits: Teresa Buelow for property damage; DMT Investments for
property damage; Origin Design Co. 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:
Teresa Buelow for property damage; DMT Investments for property damage; Origin Design Co.
for vehicle damage. Upon motion the documents were received, filed, and concurred.
4. Approval of City Expenditures: Upon motion the documents were received and filed, and
Resolution No. 293-22 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. 293-22
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 ser-
vices 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 pay-
ment 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 DUBU-
QUE, 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 req uested 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 Di-
rector are hereby authorized and directed to provide the statement of receipts and disburse-
ments to the City Council, and to publish a summary thereof.
Passed, approved, and adopted this 19th day of September, 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
5. Plat of Survey of Plaza 20 No. 7: Upon motion the documents were received and filed, and
Resolution No. 294-22 Approving the Final Plat of Survey of Plaza 20 No. 7, in the City of Dubu-
que, Dubuque County, Iowa was adopted.
RESOLUTION NO. 294-22
APPROVING THE FINAL PLAT OF SURVEY OF PLAZA 20 NO. 7, IN THE CITY OF DUBU-
QUE, DUBUQUE COUNTY, IOWA
Whereas, there has been filed with the City Clerk a Final Plat of Survey of Plaza 20 No. 7, in
the City of Dubuque, Dubuque County, Iowa; and
Whereas, the intention of platting the property is to sell Lot 1 of Plaza 20 No. 7 within the City
of Dubuque, from Plaza 20 Inc. of Dubuque, Iowa to RBS Real Estate, LLC; and
Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and
its approval has been endorsed thereon; with the condition that a waiver of the 50-foot street
frontage requirement for Lot 1 of Plaza 20 No. 7 will only occur upon receipt of approved and
finalized access easement(s) for the lot legally described as Lot 1 of Plaza 20 No. 6 in the City
of Dubuque, Iowa through the Plaza 20 Inc. property, within the City of Dubuque, Iowa.; and
Whereas, said Plat of Survey has been examined by the City Council and they find that it
conforms to the statues and ordinances relating thereto; and
Whereas, the City Council concurs in the condition of approval established by the Zoning
Advisory Commission.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, is waived to allow 0 feet of frontage for Lot 1 of Plaza 20 No. 7 on a public
street or an approved private street.
Section 2. That the Plat of Survey Plaza 20 No. 7, in the City of Dubuque, Dubuque County,
Iowa is hereby conditionally 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 provided
the Plaza 20 Inc. shall execute their written acceptance of the condition hereto attached, ac-
knowledging, and agreeing:
a. To provide an approved and finalized access easement(s) for the lot legally described
as Lot 1 of Plaza 20 No. 6 in the City of Dubuque, Iowa through the Plaza 20 Inc. prop-
erty, within the City of Dubuque, Iowa.
Section 3. That in the event Plaza 20 Inc. fails to execute the Acceptance provided for in
Section 2 herein within forty-five (45) days after the date of this Resolution, the provisions herein
shall be null and void and the approval of the plat shall not be effective.
Passed, approved, and adopted this 19th day of September 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
ACCEPTANCE OF RESOLUTION NO. 294-22
I, the undersigned, Michael Kahle, President of Plaza 20 Inc., having read the terms and condi-
tions of the foregoing Resolution No. 294-22 and being familiar with the conditions thereof,
hereby accept this same and agree to the conditions required therein.
Dated in Dubuque, Iowa this 17th day of October 2022.
/s/Michael Kahle, President of Plaza 20 Inc.
6. Pre-Annexation Agreement – Richard W. and Mariela C. Skinner: Upon motion the docu-
ments were received and filed, and Resolution No. 295-22 Approving a Pre-Annexation Agree-
ment between the City of Dubuque, Iowa and Richard W. and Mariela C. Skinner was adopted.
RESOLUTION NO. 295-22
APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE,
IOWA AND RICHARD W. AND MARIELA C. SKINNER
Whereas, Richard W. and Mariela C. Skinner, the owner of the following described property
located at 16957 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 7 OF BLOCK 1 OF WILDFLOWER RIDGE SUBDIVISION IN DUBUQUE COUNTY,
IOWA, ACCORDING TO THE RECORDED PLAT THEREOF
Whereas, Richard W. and Mariela C. Skinner have 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 Dubu-
que County, Iowa, and the extension of city limits by voluntary annexation; and
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 Dubu-
que, 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 DUBU-
QUE, IOWA:
Section 1. The Pre-annexation Agreement by and between Richard W. and Mariela C. Skin-
ner and the City of Dubuque is hereby approved.
Passed, approved, and adopted this 19th day of September 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
7. Pre-Annexation Agreement – Michael R and Kim M Clemen: Upon motion the documents
were received and filed, and Resolution No. 296 -22 Approving a Pre-Annexation Agreement
between the City of Dubuque, Iowa and Michael R and Kim M Clemen was adopted.
RESOLUTION NO. 296-22
APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE,
IOWA AND MICHAEL R AND KIM M CLEMEN
Whereas, Michael R and Kim M Clemen, the owner of the following described property lo-
cated at 17103 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 t he
City of Dubuque:
LOT 8 OF BLOCK 2 IN WILDFLOWER RIDGE SUBDIVISION IN DUBUQUE TOWNSHIP,
DUBUQUE COUNTY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF; and
Whereas, Michael R and Kim M Clemen have 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 Dubu-
que County, Iowa, and the extension of city limits by voluntary annexation; and
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 Dubu-
que, 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 pub lic interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. The Pre-annexation Agreement by and between Michael R and Kim M Clemen
and the City of Dubuque is hereby approved.
Passed, approved, and adopted this 19th day of September 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
8. Close Out of Business Assistance Contract 16-DF-TC-055 for Hite/AB(MC)2: Upon motion
the documents were received and filed.
9. Transmission of 2022-2023 Art on the River Promotional Brochure and Purchasing Infor-
mation: Upon motion the documents were received and filed.
10. Community Development Block Grant CARES Act (CDBG-CV) Nonprofit Support Grant
Agreement with Dubuque Dream Center: Upon motion the documents were received and filed,
and Resolution No. 297-22 CDBG-CV Nonprofit Support Grant Agreement with Dubuque Dream
Center was adopted.
RESOLUTION NO. 297-22
CDBG-CV NONPROFIT SUPPORT GRANT AGREEMENT WITH DUBUQUE DREAM CEN-
TER
Whereas, Dubuque Dream Center prepared and submitted requests to provide In Your Life
Mentoring in the city of Dubuque, Iowa; 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 submission has been approved by the Community Development Advisory
Commission; and
Whereas, all services provided will be to a minimum of 51% low/moderate income residents
and provide activities related to the prevention, preparedn ess for, and response to the corona-
virus pandemic.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the Funding Agreement, authorized by the Community Development Advisory
Commission beginning September 19, 2022 for COVID Nonprofit Support Grants for Dubuque
Dream Center 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 19th day of September 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
11. Submission of Family Self Sufficiency Action Plan : Upon motion the documents were
received and filed, and Resolution No. 298-22 Authorizing the Director of Housing and Commu-
nity Development to execute the submission of the Family Self Sufficiency Action Plan to HUD
and authorizing the Director of Housing and Community Development and the City Manager to
approve the FSS Action Plan was adopted.
RESOLUTION NO. 298-22
AUTHORIZING THE DIRECTOR OF HOUSING AND COMMUNITY DEVELOPMENT TO EX-
ECUTE THE SUBMISSION OF THE FAMILY SELF SUFFICIENCY ACTION PLAN TO HUD
AND AUTHORIZING THE DIRECTOR OF HOUSING AND COMMUNITY DEVELOPMENT
AND THE CITY MANAGER TO APPROVE THE FSS ACTION PLAN
Whereas, the U.S. Department of Housing and Urban Development requires submission of
the FSS Action Plan; and
Whereas, HUD has released a New Final Rule to be adopted and finalized with the FSS
Action Plan Submission; and
Whereas, the Housing Commission reviewed and approved the FSS Action Plan on Septem-
ber 7, 2022.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE IOWA:
Section 1: That the Mayor is hereby authorized and directed to certify the FSS Action plan
aligns with the New Final Rule released by HUD.
Section 2: That the Director of Housing and Community Development and the City Manager
have approved the FSS Action Plan.
Section 3: That the Director of Housing and Community Development is hereby authorized
to submit the FSS Action Plan as required by the U.S. Department of Housing and Urban De-
velopment.
Passed, approved, and adopted this 19th day of September, 2022.
Brad M Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
12. Notice of Intent to Apply for Family Self Sufficiency Coordinator Grant : Upon motion the
documents were received and filed, and Resolution No. 299-22 Authorizing the Director of Hous-
ing and Community Development to execute an application for the HUD Family Self -Sufficiency
Program Grant and authorizing the Director of Housing and Community Development and the
City Manager to approve the application was adopted.
RESOLUTION NO. 299-22
AUTHORIZING THE DIRECTOR OF HOUSING AND COMMUNITY DEVELOPMENT TO EX-
ECUTE AN APPLICATION FOR THE HUD FAMILY SELF-SUFFICIENCY PROGRAM GRANT
AND AUTHORIZING THE DIRECTOR OF HOUSING AND COMMUNITY DEVELOPMENT
AND THE CITY MANAGER TO APPROVE THE APPLICATION
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 sal-
aries of program coordinators combining the funding for the FSS coordinators that serve Hous-
ing Choice Voucher (HCV) participants and/or Public Housing (PH) participants for Calendar
Year 2023; 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, 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 DUBU-
QUE IOWA:
Section 1: That the Director of Housing and Community Development is hereby authorized
and directed to submit an application for the HUD FSS program grant.
Section 2: That the Director of Housing and Community Development and the City Manager
are hereby authorized to approve the application that is submitted to HUD.
Section 3: That the City Manager is hereby authorized and directed to forward said application
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 19th day of September 2022.
Brad M Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
13. Project Based Voucher Contract Renewal with The Rose of Dubuque : Upon motion the
documents were received and filed, and Resolution No. 300-22 Authorizing the Director of Hous-
ing and Community Development to execute a Renewal Contract Agreement between the City
of Dubuque and The Rose of Dubuque L.P. for the Project Based Voucher Program and author-
izing the Director of Housing and Community Development and the City Manager to approve
the contract renewal was adopted.
RESOLUTION NO. 300-22
AUTHORIZING THE DIRECTOR OF HOUSING AND COMMUNITY DEVELOPMENT TO EX-
ECUTE A RENEWAL CONTRACT AGREEMENT BETWEEN THE CITY OF DUBUQUE AND
THE ROSE OF DUBUQUE L.P. FOR THE PROJECT BASED VOUCHER PROGRAM AND
AUTHORIZING THE DIRECTOR OF HOUSING AND COMMUNITY DEVELOPMENT AND
THE CITY MANAGER TO APPROVE THE CONTRACT RENEWAL
Whereas, the U.S. Department of Housing and Urban Development supports a Project Based
Voucher Program as a component of the Housing Choice Voucher Program requires a contract
to be in place tied to specific project-based units; and
Whereas, the City of Dubuque originally entered into a contract with The Rose of Dubuque
L.P. in October 2012 for a ten-year term; and
Whereas, the City of Dubuque’s current contract with The Rose of Dubuque L.P. for 17 PBV
units is due to expire 10/12/2022; and
Whereas, the City of Dubuque Housing & Community Development Department and The
Rose of Dubuque wish to renew the contract for the Project Based Vouchers for a one -year
term; and
Whereas, the City of Dubuque proposes to continue administering the Project Based Voucher
program at The Rose of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE IOWA:
Section 1: That the City Manager is hereby authorized and directed to execute a renewal
contract for the Project Based Voucher program.
Section 2: That the Director of Housing and Community Development and the City Manager
are hereby authorized to approve the contract.
Passed, approved, and adopted this 19th day of September 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
14. 2022 Asphalt Overlay Access Ramp Project 3: Upon motion the documents were received
and filed, and Resolution No. 301-22 Accepting the 2022 Asphalt Overlay Access Ramp Project
3 and authorizing the payment to the contractor was adopted.
RESOLUTION NO. 301-22
ACCEPTING THE 2022 ASPHALT OVERLAY ACCESS RAMP PROJECT 3 AND AUTHOR-
IZING THE PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the 2022 Asphalt Overlay Access Ramp Pro-
ject 3 (the Project) has been completed by the Contractor, BCD Contractors LLC, (Contractor),
the City Engineer has examined the work and recommends that the Project be accepted; and
Whereas, the final contract amount for the Project is $161,110.30; and
Whereas, the Contractor has previously been paid $153,054.79 leaving a balance of
$8,055.52; and
Whereas, the City Council finds that the recommendation of the City Engineer should be
accepted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. The recommendation of the City 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 $8,055.52 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 19th day of September 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
15. Carnegie-Stout Library – Roofs 1 & 2 Restoration Project: Award of Public Improvement
Contract: Upon motion the documents were received and filed, and Resolution No. 302-22
Awarding Public Improvement Contract for the Carnegie-Stout Library – Roofs 1 & 2 Restoration
Project was adopted.
RESOLUTION NO. 302-22
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE CARNEGIE-STOUT LIBRARY
– ROOFS 1 & 2 RESTORATION PROJECT
Whereas, sealed proposals have been submitted by contractors for the Carnegie -Stout Li-
brary – Roofs 1 & 2 Restoration Project , (the Project) pursuant to Resolution No. 291 -22 and
Notice to Bidders published on the City of Dubuque website and in a contract or plan room
service with statewide circulation on the 19th day of August 2022; and
Whereas, said sealed proposals were opened and read on the 8th day of September 2022
and it has been determined that Black Hawk Roofing Company of Cedar Falls, Iowa, with a bid
in the amount of $119,000.00 is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Black Hawk Roofing
Company and the City Manager is hereby directed to execute a Public Improvement Contract
on behalf of the City of Dubuque for the Project.
Passed, approved, and adopted this 19th day of September 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
16. Hiring of Full-time Trainer required to meet the Federal Motor Carrier Safety Administra-
tion (FMCSA) requirements to obtain Commercial Drivers Licenses (CDL): Upon motion the
documents were received, filed, and approved.
17. Liquor License Renewals: Upon motion the documents were received and filed, and Res-
olution No. 303-22 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 Liq-
uor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted.
RESOLUTION NO. 303-22
APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, BEER AND
WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed
with the City Council for approval, and the same have been examine d, provisionally approved,
and/or approved; and
Whereas, the premises to be occupied by such applicants were inspected and found to com-
ply 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 DUBU-
QUE, IOWA 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 documenta-
tion:
Renewals
Carlos O'Kelly's Mexican Cafe 1355 Associates Dr.
Dimensional Brewing Company 67 Main S.
Dog House Lounge 1646 Asbury Rd.
Europa Haus Restaurant & Bierstube 1301 Rhomberg Ave.
Fast Freddy's 3130 Jackson St.
Happy Joe's Old Fashioned Ice Cream & Pizza 855 Century Dr.
Huhot Mongolian Grill 555 John F. Kennedy Rd. #685
Hy-Vee C-Store 3 300 S. Locust St.
Jumpers Sports Bar & Grill 2600 Dodge St. Suite C
Knickers Saloon 2186 Central Ave.
KWIK STOP 858 3340 John F. Kennedy Rd.
L. May Eatery 1072 Main St.
Loras College - Athletic and Wellness Center 1600 Loras College Parkway
Rainbow Lounge 36 West 4th St.
Special Event(s) per Special Event Application Submittal
The Calico Bean Market, LLC - Chili Cookoff,
9-30-22 to 10-4-22 In street in front of 352 Bluff St.
Passed, approved, and adopted this 19th day of September 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Roussell to receive and file the documents, adopt the resolutions, and set the public
hearings as indicated. Seconded by Sprank. Motion carried 7-0.
1. 2022 John F. Kennedy Road Sidewalk Installation Project: Upon motion the documents
were received and filed and Resolution No. 304-22 2022 John F. Kennedy Road Sidewalk In-
stallation Project: preliminary approval of plans, specifications, form of contract, and estimated
cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost
was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on October 3,
2022, in the Historic Federal Building.
RESOLUTION NO. 304-22
2022 JOHN F. KENNEDY ROAD SIDEWALK INSTALLATION PROJECT- PRELIMINARY
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATED COST
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the 2022 John F.
Kennedy Road Sidewalk Installation Project in the estimated amount $351,809.82, are hereby
preliminarily approved and ordered filed in the office of the City Clerk for public inspection.
A public hearing will be held on the 3rd day of October, 2022, at 6:30 p.m. in the Historic
Federal Building Council Chambers (and/or by virtual means) 350 W. 6th Street, D ubuque,
Iowa, at which time interested persons may appear and be heard for or against the pro-
posed plans and specifications, form of contract and estimated cost of said Project, and
the City Clerk be and is hereby directed to cause the attached notice of the time and place
of such hearing to be published in a newspaper having general circulation in the City of
Dubuque, Iowa, which notice shall be published not less than four days nor more than
twenty days prior to the date of such hearing. At the hearing, any interested person may
appear and file objections to the proposed plans, specifications, form of contract, or esti-
mated cost of the Project.
Passed, adopted, and approved this the 19th day of September 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
2. Park and Recreation Advisory Commission Member Removal Recommendation : Upon
motion the documents were received and filed and Resolution No. 305-22 Setting a public
hearing on the intent to consider the removal of a commissioner from the Park and Recreation
Advisory Commission was adopted setting a public hearing for a meeting to commence at 6:30
p.m. on October 3, 2022, in the Historic Federal Building.
RESOLUTION NO. 305-22
SETTING A PUBLIC HEARING ON THE INTENT TO CONSIDER THE REMOVAL OF A COM-
MISSIONER FROM THE PARK AND RECREATION ADVISORY COMMISSION
Whereas, the City of Dubuque, Iowa Park and Recreation Advisory Commission is governed
by Title 10 of the City of Dubuque Code of Ordinances; and
Whereas, §10-5A-2 of the Code of Ordinances establishes the requirement for attendance at
commission meetings as follows:
. . . .
J. Meetings:
1. Regular Meetings: The commission must meet not less than bi-monthly.
2. Special Meetings: Special meetings may be called by the Chairperson or at the writ-
ten request of a majority of the Commissioners.
3. Open Meetings: All meetings must be called and held in conformance with the Iowa
Open Meetings Law.
4. Attendance:
a. In the event a Commissioner has been absent for three (3) or more consecutive
meetings of the commission, without being excused by the Chairperson, such ab-
sence will be grounds for the commission to recommend to the City Council that the
position be declared vacant and a replacement appointed.
b. Attendance must be entered upon the minutes of all meetings.
5. Minutes: A copy of the minutes of all regular and special meetings of the commission
must be filed with the City Council within ten (10) working days after each meeting, or by
the next regularly scheduled City Council meeting, whichever is later.
6. Quorum: Four (4) Commissioners constitute a quorum for the transaction of business.
The affirmative vote of a majority of the Commissioners present and voting is necessary
for the adoption of any motion or resolution; and
Whereas, the Park and Recreation Advisory Commission has recommended to the City
Council that Justin Hochberger be removed from the Commission for failure to comply with the
attendance requirements, such recommendation attache d as Exhibit A; and
Whereas, §10-5A-2 of the Code of Ordinances authorizes removal of a commissioner for
cause upon written charges and after public hearing; and
Whereas, the City Council desires to set the public hearing on the removal of Justin
Hochberger from the Park and Recreation Advisory Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. The City Council intends to consider the removal of Justin Hochberger from the
Park and Recreation Advisory Commission for noncompliance with the attendance requirement
of the Code of Ordinances.
Section 2. The City Clerk is hereby authorized and directed to cause a notice to be mailed to
Justin Hochberger and published as prescribed by Iowa Code Section 362.3 of a public hearing
on the City's intent to remove Justin Hochberger from the Park and Recreation Advisory Com-
mission, to be held on the 3rd day of October, 2022 at 6:30 p.m. in Dubuque, Iowa.
Passed, approved, and adopted this 19th day of September, 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
3. Approving Assignment of a Development Agreement between the City of Dubuque, Iowa
and Novelty Iron Landlord LLC to the Hotel Du buque L.L.C and setting a hearing to approve a
Sixth Amendment to a Development Agreement between the City of Dubuque, Iowa and The
Hotel Dubuque, L.L.C.: Upon motion the documents were received and filed and Resolution No.
306-22 Consenting to the Assignment of a Development Agreement between the City of Dubu-
que, Iowa and Novelty Iron Landlord LLC to the Hotel Dubuque L.L.C. and Resolution No. 307-
22 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the
proposed Sixth Amendment to Development Agreement by and between the City of Dubuque,
Iowa the Hotel Dubuque L.L.C. including the proposed issuance of Urban Renewal Tax Incre-
ment Revenue Grant Obligations to the Dubuque Hotel L.L.C., and providing for the publication
of notice thereof were adopted setting a public hearing for a meeting to commence at 6:30 p.m.
on October 3, 2022 in the Historic Federal Building.
RESOLUTION NO. 306-22
CONSENTING TO THE ASSIGNMENT OF A DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF DUBUQUE, IOWA, AND NOVELTY IRON LANDLORD LLC TO THE HOTEL DUBU-
QUE L.L.C.
Whereas, the City of Dubuque, Iowa (hereinafter “City”) and Warehouse Trust, LLC, entered
into a Development Agreement dated for reference purposes the 17 th day of June 2013 for the
development of certain Minimum Improvements described therein, namely, Condominium Units
and Parking Lot; and
Whereas, the Development Agreement, as amended, was subsequently assigned to Novelty
Iron Landlord, LLC with the consent of the City; and
Whereas, The Hotel Dubuque L.L.C. has entered into a Purchase Agreement with Novelty
Iron Landlord, LLC, to purchase the Condominium Units and Parking Lot presently owned by
Novelty Iron Landlord, LLC, and constituting the entirety of the assets of Novelty Iron Landlord,
LLC; and
Whereas, the legal description of the two (2) Condominium Units will be amended to identify
the properties as:
“Unit A of Novelty Iron Works Condominiums located on Lot 1 of Lot 1 of Center City
Place #2” (hereinafter “Unit A”); and
“Unit B of Novelty Iron Works Condominiums located on Lot 1 of Lot 1 of Center City
Place #2 and Lot 2 of Lot 1 of Center City Place #2” (hereinafter “Unit B”); and
Whereas, The Hotel Dubuque L.L.C. intends to improve some or all of Unit B to operate as a
full-service boutique hotel, currently contemplated as a JdV by Hyatt or similar brand; and
Whereas, Novelty Iron Landlord, LLC has requested the City’s consent to the assignment of
the Development Agreement to The Hotel Dubuque L.L.C. pursuant to the Assignment and As-
sumption of Contract Rights and Obligations attached hereto; and
Whereas, The City Council finds that it is in the best interests of the City of Dubuque to con-
sent to the Assignment and Assumption of Contract Rights and Obligations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, AS FOLLOWS:
Section 1. The City of Dubuque hereby consents to the Assignment and Assumption of Con-
tract Rights and Obligations
Section 2. The Mayor is authorized and directed to sign the Assignment and Assumption of
Contract Rights and Obligations on behalf of the City of Dubuque.
Passed, approved, and adopted this 19th day of September, 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
RESOLUTION NO. 307-22
FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA ON THE PROPOSED SIXTH AMENDMENT TO DEVELOPMENT AGREE-
MENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA THE HOTEL DUBUQUE L.L.C.
INCLUDING THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVE-
NUE GRANT OBLIGATIONS TO THE DUBUQUE HOTEL L.L.C., AND PROVIDING FOR THE
PUBLICATION OF NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (hereinafter “City”) and Warehouse Trust, LLC, entered
into a Development Agreement dated for refe rence purposes the 17th day of June 2013 for the
development of certain Minimum Improvements described therein, namely, Condominium Units
and Parking Lot; and
Whereas, the Development Agreement, as amended, was subsequently assigned to Novelty
Iron Landlord, LLC with the consent of the City; and
Whereas, The Hotel Dubuque L.L.C. has entered into a Purchase Agreement with Novelty
Iron Landlord, LLC, to purchase the Condominium Units and Parking Lot presently owned by
Novelty Iron Landlord, LLC, and constituting the entirety of the assets of Novelty Iron Landlord,
LLC; and
Whereas, the legal description of the Condominium Units and Parking Lot will be amended
to identify the properties as:
“Unit A of Novelty Iron Works Condominiums located on Lot 1 of Lot 1 of Center City Place
#2” (hereinafter “Unit A”); and
“Unit B of Novelty Iron Works Condominiums located on Lot 1 of Lot 1 of Center City Place
#2 and Lot 2 of Lot 1 of Center City Place #2” (hereinafter “Unit B”); and
Whereas, The Hotel Dubuque L.L.C. intends to improve some or all of Unit B to operate as a
full-service boutique hotel, currently contemplated as a JdV by Hyatt or similar brand; and
Whereas, The Hotel Dubuque L.L.C. has requested that the City agree to the Sixth Amend-
ment to the Development Agreement attached hereto; and
Whereas, the Development Agreement provides for the issuance by City of economic devel-
opment grants to The Hotel Dubuque L.L.C., referred to therein as Urban Renewal Tax Incre-
ment Revenue Grant Obligations, payable from the tax increment revenues collected in respect
of the Improvements to be constructed by The Hotel Dubuque L.L.C. in accordance with the
Development Agreement, for the purpose of carrying out the objectives of an Urban Renewal
Plan for the Greater Downtown Urban Renewal District; 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 DUBU-
QUE, 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 3rd day of
October, 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 District, con-
sisting of the funding of economic development grants to The Hotel Dubuque L.L.C., 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 ap-
proximately $4,159,329.
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 19th day of September, 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
4. Resolution of Intent to Create Bies Drive Urban Revitalization Area and Setting Public
Hearing: Upon motion the documents were received and filed and Resolution No. 308-22 Intent
to create an Urban Revitalization Area, finding an area referred to as the Bies Drive Urban Re-
newal Area, hereinafter described, appropriate for public improvements related to housing and
residential development and construction of residential development, including single or multi-
family housing necessary in the interest of public health, safety, or welfare of the residents of
the city and setting a public hearing on creation of the Bies Drive Urban Revitalization Area was
adopted setting a public hearing for a meeting to commence at 6:30 p.m. on November 7, 2022,
in the Historic Federal Building.
RESOLUTION NO. 308-22
INTENT TO CREATE AN URBAN REVITALIZATION AREA, FINDING AN AREA REFERRED
TO AS THE BIES DRIVE URBAN RENEWAL AREA, HEREINAFTER DESCRIBED, APPRO-
PRIATE FOR PUBLIC IMPROVEMENTS RELATED TO HOUSING AND RESIDENTIAL DE-
VELOPMENT AND CONSTRUCTION OF RESIDENTIAL DEVELOPMENT, INCLUDING SIN-
GLE OR MULTIFAMILY HOUSING NECESSARY IN THE INTEREST OF PUBLIC HEALTH,
SAFETY, OR WELFARE OF THE RESIDENTS OF THE CITY AND SETTING A PUBLIC
HEARING ON CREATION OF THE BIES DRIVE URBAN REVITALIZATION AREA
Whereas, as a preliminary step to exercising the authority to approve an area for “urban
revitalization” conferred upon Iowa municipalities by Chapter 404 of the Code of Iowa, a munic-
ipality must adopt a resolution finding that the rehabilitation, conservation, redevelopment, eco-
nomic development, or a combination thereof of the area is necessary in the interest of public
health, safety, or welfare of the residents of the city; and
Whereas, Lot 1 of Roger F. and Kathleen A. Klauer Family Place in the City of Dubuque,
Iowa, according to the recorded plat thereof (the Area) is the location of a proposed 56 -unit unit
apartment development by CCI5, LLC (the Company); and
Whereas, the City Council finds that development of housing and residential development,
including single or multifamily housing in this location is appropriate and necessary in the inter-
est of the welfare of the residents of the City, and the property substantially meets the criteria
for Urban Revitalization according to Section 404.1 of the Code of Iowa; and
Whereas, the Iowa Code requires a public hearing on creation of the Urban Revitalization
Area.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. The development of housing and residential development, including single or mul-
tifamily housing on Lot 1 of Roger F. and Kathleen A. Klauer Family Place in the City of Dubu-
que, Iowa is hereby found to be necessary in the interest of the welfare of the residents of the
City in the and is hereby designated the Bies Drive Urban Revitalization Area.
Section 2. The City Manager is hereby directed to prepare a proposed Urban Revitalization
Plan for the Bies Drive Urban Revitalization Area in conformance Chapter 404 of the Iowa Code
for review and approval by the City Council.
Section 3. The City Clerk is directed to publish notice of a public hearing on the adoption of
an Urban Revitalization Plan for the Bies Drive Urban Revitalization Area to be held on Novem-
ber 7, 2022, at 6:30 p.m. in the Historic Federal Building in Dubuque, Iowa, 350 W. 6 th Street,
Dubuque, Iowa, and that said notice shall generally identify the area covered by the Plan and
the general scope of the Urban Revitalization Plan activities planned for such area.
Passed and approved this 19th day of September, 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
BOARDS/COMMISSIONS
Applications were reviewed for the following Boards and Commissions. Applicants were in-
vited to address the City Council regarding their desire to serve on the following Boards/Com-
missions.
Civil Service Commission - Mayor Appointment: One, 4-Year term through April 6, 2026 (Va-
cant term of Baskerville). Applicants: Scott Crabill, 2757 Balboa Dr.; Michelle Hinke, 973 Patricia
Ann Dr. This commission is subject to the State of Iowa Gender Balance Law. 3 Commissioners
total; currently 1 male /1 female. Mr. Crabill spoke in support of his application and provided a
brief biography.
Community Development Advisory Commission: One, 3-Year term through February 15,
2024 (Vacant Low/Mod Income Area Rep term of Craddieth). Applicant: Gerald Hammel Jr.,
1225 Rhomberg Ave. - Qualifies as Low/Mod Income Area Rep.
Housing Commission: One, 3-Year term through August 17, 2025 (Expired term of Dickens).
Applicant: Cathy Dickens, 431 Alpine St.
PUBLIC HEARINGS
1. 4400 Asbury Road Rezoning Request: 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 Roussell. Planning Services Manager Wally Wernimont provided a staff report and re-
sponded to a question from the City Council regarding Sam’s Club agreement with this rezoning
request. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 31-22 Amending Title
16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying
hereinafter described as a portion of the property located at 4400 Asbury Road from PC Planned
Commercial District to AG Agriculture District. Seconded by Roussell. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 31-22
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DE-
VELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED AS A PORTION
OF THE PROPERTY LOCATED AT 4400 ASBURY ROAD FROM PC PLANNED COMMER-
CIAL DISTRICT TO AG AGRICULTURE DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, 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 PC Planned
Commercial District to AG Agriculture District, to wit:
A portion of Lot 2 of Sam’s Place in the City of Dubuque, Iowa as shown in Exhibit A.
Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advi-
sory 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 19th day of September 2022.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on the 23rd day of September, 2022.
/s/Adrienne N. Breitfelder, City Clerk
2. Amend the Unified Development Code (UDC) to omit specific requirements within Article
16-11-7(E): 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. Mr. Wernimont and City Attorney Brumwell
responded to questions from the City Council regarding the city’s authority to require pre-annex-
ation agreements. Motion carried 7-0.
Motion by Roussell for final consideration and passage of Ordinance No. 32-22 Amending
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by amending
Article 16-11-7(E) Fringe Area Development Standards to remove the pre -annexation agree-
ment requirements. Seconded by Farber. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 32-22
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DE-
VELOPMENT CODE, BY AMENDING ARTICLE 16-11-7(E) FRINGE AREA DEVELOPMENT
STANDARDS TO REMOVE THE PRE-ANNEXATION AGREEMENT REQUIREMENTS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code Article 16-11-7(E), is hereby amended as follows:
E. Fringe Area Development Standards:
1. Fringe Area Subdivision Requirements:
a. All subdivisions must comply with this Chapter.
b. Each subdivision will be required to provide sufficient easements for the extension
of city water and sanitary sewer utility systems to serve each individual lot within the
subdivision.
c. Each major subdivision shall comply with the city of Dubuque sustainability re-
quirements for new subdivisions, including obtaining score of forty (40) points as estab-
lished in this chapter.
d. New streets that access city or county roadways must comply with SUDAS for
sight visibility as determined by the city engineer.
e. To facilitate planned and orderly growth, developers of major subdivisions must
provide a preliminary plat for the entire area anticipated to be developed as part of the
subdivision.
f. Subdivisions and developments which are approved prior to annexation shall pro-
vide a mechanism for transfer of public right of way (ROW) ownership for county roads
to the city upon annexation.
g. Private roads and streets in subdivisions and developments that are not under the
county's ownership prior to annexation shall remain as private roads and streets upon
annexation to the city, unless and until such time as they are brought into compliance
with city standards and accepted by the city as public streets.
h. Developers shall be required to utilize stormwater management and erosion con-
trol measures, and stormwater retention/detention facilities where appropriate in ac-
cordance with applicable federal, state, county, and city laws, regulations, and policies.
2. Exception Of Specific Subdivision Requirements: The zoning advisory commission
and city council, when acting upon an application for preliminary or final subdivision ap-
proval, has the power to grant such exceptions from the requirements of this chapter for
subdivision approval as may be reasonable and within the general p urpose and intent of
the provision for subdivision review and approval of this chapter, if enforcement of one or
more provisions of this chapter are impracticable or will exact an undue hardship because
of unique conditions pertaining to the land in question. (Ord. 31-14, 4-21-2014)
Section 2. 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 19th day of September 2022.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on the 23rd day of September, 2022.
/s/Adrienne N. Breitfelder, City Clerk
ACTION ITEMS
1. Approval Grant for the Dubuque Dream Center’s Acquisition of 2540 Central Avenue (Ful-
ton School): Motion by Sprank to receive and file the documents and adopt Resolution No. 309-
22 Approving a Grant Agreement between the City of Dubuque, Iowa and Dubuque Dream
Center for the acquisition and redevelopment of 2540 Central Avenue. Seconded by Jones. City
Council Members expressed support for the Dream Center’s acquisition. Motion carried 7 -0.
RESOLUTION NO. 309-22
APPROVING A GRANT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND
DUBUQUE DREAM CENTER FOR THE ACQUISITION AND REDEVELOPMENT OF 2540
CENTRAL AVENUE
Whereas, Dubuque Dream Center intends to acquire and redevelop the property at 2540
Central Avenue in the City of Dubuque, Iowa (the Project); and
Whereas, the Project is eligible for a Grant funded through general funds and a Greater
Downtown Loan Pool special revenue fund (the Grant); and
Whereas, it is the determination of the City Council that approval of the Grant Agreement for
acquisition and redevelopment of the Property by Dubuque Dream Center, according to the
terms and conditions set out in the Grant Agreement, is in the public interest of the City of
Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the Grant Agreement by and between the City of Dubuque and Dubuque
Dream Center, a copy of which is attached hereto, is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Grant Agreement
on behalf of the City of Dubuque and the City Cler k is authorized and directed to attest to his
signature.
Section 3. That the City Manager is authorized to take such actions as are necessary to
comply with the terms of the Grant Agreement as herein approved.
Passed, approved, and adopted this 19th day of September, 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
2. Smart Parking Mobility Update: Motion by Roussell to receive and file the documents and
view the presentation. Seconded by Farber. Director of Transportation Services Ryan Knuckey
made a presentation on the Smart Parking & Mobility Management Plan and Implementation
Project. City Council Members provided suggestions for promoting the project to the public and
discussed the project’s relation to the complete streets initiative. City Manager Van Milligen
stated that the project is a smarter transportation system around parking and is not a complete
streets study. Mr. Knuckey responded to questions from the City Council regarding plans for
electric vehicle charging stations and department collaboration on the project. Motion carried 7-
0.
3. Travel Dubuque Upper Midwest Convention and Visitors Bureau (UMCVB) Innovation
Award Video: Motion by Jones to receive and file the documents and view the video. Seconded
by Sprank. Media Services displayed a video recognizing Travel Dubuque for receiving the
UMCVB Innovation Award for the "Beyond The Game" event at the Field of Dreams. The video
can be viewed at: https://vimeo.com/747828092/5829280075. Motion carried 7 -0.
COUNCIL MEMBER REPORTS
Council Member Roussell reported on volunteering for an event with the Red Basket Project.
Council Member Farber reported on attending the Boards and Commissions picnic hosted by
the City Clerk’s Office.
Council Member Jones reported on the riverboat activity in the Port of Dubuque.
Council Member Wethal reported on attending the Great Draw Street Art Competition.
Council Member Sprank reported on volunteering for the United Way of Dubuque Area Tri-
State’s Over the Edge event.
Mayor Cavanagh reported on attending the Mississippi River Cities and Towns Initiative An-
nual Meeting.
CLOSED SESSION
Motion by Jones to convene in closed session at 7:53 p.m. to discuss Pending Litigation
and Purchase or Sale of Real Estate – Chapter 21.5(1)(c),(j) Code of Iow a. Seconded
by Resnick. Mayor Cavanagh stated for the record that the attorney who will consult with City
Council on the issues to be discussed in the closed session is City Attorney Brumwell. Motion
carried 7-0.
The City Council reconvened in open session at 8:56 p.m. stating that staff had been given
proper direction.
There being no further business, Mayor Cavanagh declared the meeting adjourned at 8:56
p.m.
/s/Adrienne N. Breitfelder, City Clerk