12 5 22 City Council Proceedings Official_Special and Regular
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:00 p.m. on December 5, 2022, at the
first-floor box office of the Five Flags Civic Center, 405 Main St.
Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell, Sprank,
Wethal; City Manager Van Milligen, City Attorney Brumwell.
Mayor Cavanagh read the call and stated this is a special session of the City Council called
for the purpose of conducting a work session on the Five Flags Civic Center.
WORK SESSION
FIVE FLAGS CIVIC CENTER
Leisure Services Manager Marie Ware led a tour of the Five Flags Civic Center, highlighting
various areas for potential improvement.
A recess occurred at 5:31 p.m. for City Council to travel to Council Chambers for the remain-
der of the work session.
The City Council reconvened in Council Chambers at 5:42 p.m. Ms. Ware made a presen-
tation on the Five Flags Civic Center. Responding to a question from the City Council, City
Manager Van Milligen stated that local governments are ineligible for historic tax credits. City
Council Members provided input on improvements they would like to prioritize for the facility,
including increasing the number of bathrooms, ensuring all areas of the facility are accessible,
and creating spaces to congregate. City Council Members also expressed their enthusiasm
for a future outdoor option for the facility. City Manager Van Milligen stated that City staff can
place an action item on the December 19, 2022, City Council agenda for City Council to vote
on their recommendation. Staff would then incorporate the City Council’s direction into budget
recommendations. Responding to a question from the City Council, Ms. Ware stated that
updates to the Five Flags Theatre will need to be prioritized and that she is working with Di-
rector of Strategic Partnerships Teri Goodmann on potential funding sources for the updates.
Responding to a question from the City Council, City Manager Van Milligen stated that naming
rights are reserved for operating expenses.
There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:28
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 December 5, 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, 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
PRESENTATIONS
1. COVID-19 Update: Public Health Director Mary Rose Corrigan provided an update on the
COVID-19 pandemic and response activities.
PROCLAMATION(S)
1. Eradication of Generational Poverty Day (December 7, 2022) was accepted by Caprice
Jones on behalf of the Fountain of Youth Program.
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of
as indicated. Seconded by Wethal. Motion carried 7-0.
1. Minutes and Reports Submitted: Airport Commission of 10/25/22 and 11/15/22; City Coun-
cil Proceedings of 11/21/22; Five Flags Civic Center Advisory Commission of 10/31/22 and
11/21/22; Library Board of Trustees Update of 11/16/22; Long Range Planning Advisory Com-
mission of 11/16/22; Zoning Board of Adjustment of 11/17/22; Proof of Publication for City Coun-
cil Proceedings of 11/7/22. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Julie Fry for property damage; Melinda Harbaugh for property
damage; Beth Whisler for vehicle damage; Leah Wieseler 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:
Melinda Harbaugh for property damage; Leah Wieseler 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. 365-22 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. 365-22
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 requested by designated
requisitioning authorities in accordance with approved budget appropriations.
Section 2. In accordance with Iowa Code Section 372.13(6), the Ci ty 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 5th day of December, 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
5. First Amendment to Community Development Block Grant (CDBG) Subrecipient Agree-
ment between the City of Dubuque and Dubuque Community YMCA/YWCA Domestic Violence
Shelter: Upon motion the documents were received and filed, and Resolution No. 366-22 Au-
thorizing the First Amendment to the CDBG Subrecipient Agreement between the City of Dubu-
que and Dubuque Community YMCA/YWCA was adopted.
RESOLUTION NO. 366-23
AUTHORIZING THE FIRST AMENDMENT TO THE CDBG SUBRECIPIENT AGREEMENT
BETWEEN THE CITY OF DUBUQUE AND DUBUQUE COMMUNITY YMCA/YWCA
Whereas, the City of Dubuque and Dubuque Community YMCA/YWCA entered into a CDBG
Subrecipient Agreement dated July 6, 2021 with respect to rehab the Domestic Violence Shelter;
and
Whereas, the parties desire to modify the Subrecipient Agreement as set out in the First
Amendment to the Subrecipient Agreement attached hereto; and
Whereas, the Dubuque Community YMCA/YWCA provides services to a majority low to mod-
erate-income individuals and serve a group primarily presumed to be LMI such as battered
spouses and homeless persons.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the First Amendment to the CDBG Subrecipient Agreement be approved.
Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute
said Amendment on behalf of the City of Dubuque, Iowa.
Passed, approved, and adopted this 5th day of December 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
6. Bee Branch Stormwater Pumping Station Project (Phase 5 of the Bee Branch Watershed
Flood Mitigation Project) U.S. Economic Development Administration ( EDA) Grant Agreement
Amendment Request: Upon motion the documents were received and filed, and Resolution No.
367-22 Approving a request to amend the US Economic Development Administration Disaster
Relief Opportunity Grant Agreement and pledging continued support for the City of Dubuque
16th Street Detention Basin Flood Gates Project was adopted.
RESOLUTION NO. 367-22
APPROVING A REQUEST TO AMEND THE US ECONOMIC DEVELOPMENT ADMIN-
ISTRATION DISASTER RELIEF OPPORTUNITY GRANT AGREEMENT AND PLEDGING
CONTINUED SUPPORT FOR THE CITY OF DUBUQUE 16TH STREET DETENTION BASIN
FLOOD GATES PROJECT
Whereas, the City Council of the City of Dubuque, Iowa was awarded $2,500,000 in an U.S.
Economic Development Administration (EDA), U.S. Department of Commerce FY2018 Disaster
Relief Opportunity grant for the City of Dubuque 16th Street Detention Basin Flood Gates Project
(Project), also known as the Bee Branch Stormwater Pumping Station Project; and
Whereas, the City Council, passed Resolution 152-19 authorizing the Mayor to sign the Fi-
nancial Assistance award agreement (Grant Agreement) and pledging $6,635,000 in local
matching funds for the Project; and
Whereas, the City allocated $16.4 million in local funds for the Project with the adoption of
the Fiscal Year 2023 Capital Improvement Program Budget; and
Whereas, the City received and rejected bids for the Project that were $8,860,000 over the
Project budget; and
Whereas, the City will be unable to complete the Project in accordance with the schedule
stipulated in the Grant Agreement; and
Whereas, it is in the City’s best interest to seek an amendment to the Grant Agreement to
adjust the schedule in order for the City to receive the $2,500,000.00 in EDA grant funding for
the Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. The City remains committed to providing the flood protection benefits outlined in
its 2018 application for EDA FY2018 Disaster Relief Opportunity grant funding.
Section 2. The Mayor is hereby authorized to sign the letter to the EDA seeking an amend-
ment to the Grant Agreement that would adjust the schedule to the milestones outlined above
in order to ensure the City’s use of the $2,500,000 in grant funding for the Bee Branch Storm-
water Pumping Project.
Passed, approved, and adopted this 5th day of December 2022
Brad M. Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
7. Agreement with the U. S. Department of the Army for an Engineering Design and Con-
struction of the Force Main Stabilization Project: Upon motion the documents were received and
filed, and Resolution No. 368-22 Authorizing the execution of an Agreement with the Department
of the Army to collaborate on stabilization and protection of the force main along the Mississippi
River was adopted.
RESOLUTION NO. 368-22
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE DEPARTMENT OF THE
ARMY TO COLLABORATE ON STABILIZATION AND PROTECTION OF THE FORCE MAIN
ALONG THE MISSISSIPPI RIVER
Whereas, the City recognizes the need to stabilize and protect the City’s sanitary sewer force
main that runs along the Mississippi River; and
Whereas, the Continuing Authorities Program– Section 14 of the 1946 Flood Control Act au-
thorizes the protection of the Forced Sewer Main for the City, Iowa; and
Whereas, the Water Resources Development Act of 1986, Public Law 99-662, as amended
(33 U.S.C. 2215(a)), specifies the cost-sharing requirements; and
Whereas, the Department of the Army has provided an agreement to that would allow them
to proceed with designing and constructing the Force Main Stabiliza tion Project; and
Whereas, the Department of the Army and the City have the full authority and capability to
perform in accordance with the terms of the agreement; and
Whereas, it is the best interest of the City to enter into the agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. The Mayor is hereby authorized to sign the agreement.
Section 2. The City Manager is hereby authorized to act as an authorized representative for
the agreement and may execute any documents required by the Agreement as the Department
of the Army may reasonably request.
Passed, approved, and adopted this 5th day of December 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
8. Mystique Ice Center Ice Rink Concrete Subfloor Project - Acceptance of Public Improve-
ment Construction Contract: Upon motion the documents were received and filed, and Resolu-
tion No. 369-22 Accepting the Mystique Ice Center - Rink Concrete Subfloor Project and author-
izing the payment to the contractor was adopted.
RESOLUTION NO. 369-22
ACCEPTING THE MYSTIQUE ICE CENTER - RINK CONCRETE SUBFLOOR PROJECT
AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the Mystique Ice Center - Rink Concrete Sub-
floor Project (the Project) has been completed by the Contractor, Portzen Construction, Inc.,
(Contractor), and the City Engineer has examined the work and recommends that the Project
be accepted; and
Whereas, the final contract amount for the Project is $408,805.00; and
Whereas, the Contractor has previously been paid $388,364.75, leaving a balance of
$20,440.25; 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 $20,440.25 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 5th day of December 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
9. Mystique Ice Center Stadium Seating Removal & Replacement Project - Acceptance of
Public Improvement Construction Contract: Upon motion the documents were received and
filed, and Resolution No. 370-22 Accepting the Mystique Ice Center - Stadium Seating Removal
& Replacement Project and authorizing the payment to the contractor was adopted.
RESOLUTION NO. 370-22
ACCEPTING THE MYSTIQUE ICE CENTER - STADIUM SEATING REMOVAL & REPLACE-
MENT PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the Mystique Ice Center - Stadium Seating
Removal & Replacement Project (the Project) has been completed by the Contractor, Portzen
Construction, Inc., (Contractor), and the City Engineer has examined the work and recommends
that the Project be accepted; and
Whereas, the final contract amount for the Project is $85,750.00; and
Whereas, the Contractor has previously been paid $81,462.88, leaving a balance of
$4,287.52; 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 $4,287.52 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 5th day of December 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
10. 2021-2022 Snow Removal Assessments: Upon motion the documents were received and
filed, and Resolution No. 371-22 Adopting the final assessment schedule for the 2021 – 2022
Snow Removal Assessment– Right-Of-Way Obstruction Removal Assessment Project was
adopted.
RESOLUTION NO. 371-22
ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE 2021 – 2022 SNOW RE-
MOVAL ASSESSMENT – RIGHT-OF-WAY OBSTRUCTION REMOVAL ASSESSMENT PRO-
JECT
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. After full consideration, the Final Schedule of Assessments as shown on the at-
tached Exhibit A, is hereby approved for the Snow Removal Assessment – Right-of-Way Ob-
struction Removal Assessment Project.
Section 2. There is hereby assessed and levied as a special tax against and upon each of
the benefited properties, the respective sums indicated. The amounts shown in said Final
Schedule of Assessments as deficiencies are found to be proper and levied conditionally against
the respective properties benefited by the improvements as shown in the Final Schedule of
Assessments, subject to the provisions of Iowa Code § 364.12. Said assessments against said
lots are hereby declared to be in proportion to the special benefits conferred and not in excess
of twenty-five percent of the value of same.
Section 3. The City Clerk be and is hereby directed to certify the Final Schedule of A ssess-
ments to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certifica-
tion once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3,
the first publication of which shall be not more than fifteen days from the date of filing of the
Final Schedule of Assessments. On or before the date of the second publication of the notice,
the City Clerk shall also mail a copy of said notice to property owners whose property is subject
to assessment, as provided in Iowa Code § 384.60.
Section 4. The assessments may be paid in full or in part without interest at the office of the
City Engineer, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the
date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid assessments
are payable at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Ave-
nue, Dubuque, Iowa, in the same manner as property taxes as provided in Section 384.65 of
the Code of Iowa. Each installment will be delinquent from October 1 following its due date on
July 1 of each year. However, when the last day of September is a Saturday or Sunday, that
amount shall be delinquent from the second business day of October.
Passed, approved, and adopted this 5th day of December, 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
CITY OF DUBUQUE, IOWA, 2021-2022 SIDEWALK SHOVELING ASSESSMENTS, FINAL
ASSESSMENT SCHEDULE
PROPERTY OWNER NAME; LOT DESCRIPTION; PARCEL NUMBER; STREET A DDRESS;
VALUATION WITH IMPROVEMENT; SIDEWALK ASSESSMENT; ADMIN FEE; TOTAL AS-
SESSMENT
Adams, Paul R; LOT 3 Sullivan Sub; 1036102005; 313 Bryant St; $87;060.00; $76.50; $25.00;
$101.50
Bergfeld, Audrey; LOT 1-1 Bee Branch Subdivision No. 1; 1013460033; 2302 Washington St;
$81;410.00; $172.00; $50.00; $222.00
Breen, Alex M; LOT 11 BLK 2 Sunnyview Hills Sub; 1014404017; 770 Berkley Pl; $88;500.00;
$119.50; $25.00; $144.50
Cub Properties Inc; LOT 96 & 2-1-95 East Dubuque Add; 1024258008; 260 E 19th St;
$131;150.00; $105.00; $25.00; $130.00
Culbertson, Dorothy A; W 2'-1 Sub 13 Mineral LOT 172 LOT 2-13 Min LOT 172 & LOT 2
Mabels Sub; 1026132001; 2095 University Ave; $72;110.00; $358.00; $75.00; $433.00
DMR 2196 LLC, Faha Place & W 1/2-LOT 35 & N 1/2-W 1/2-LOT 36 L H Langworthy's Add;
1024208001; 2196 White St; $254;300.00; $245.75; $25.00; $270.75
Dreier, Peggy Anne F/K/A Peggy Berkley; S 26' LOT 40 Staffords Add; 1013453010; 2412
Queen St; $55;000.00; $76.50; $25.00; $101.50
Eichstadt, Alexander Lee & Andress; S 20'-S 47'-W 1/2-S 1/5 of City LOT 454; 1024403007;
1504 Iowa St; $37;850.00; $267.50; $75.00; $342.50
Eichstadt, Alexander Lee & Andress Boggs; LOT 1-37 East Dubuque Add; 1024268001; 1698
Jackson St; $143;140.00; $234.00; $50.00; $284.00
Einarsen, Olivia J; S 1/2-W 100'-S 55'-LOT 1-105 L H Langworthy's Add; 1013460014; 2314
Washington St; $77;980.00; $86.00; $25.00; $111.00
Ertl, Tricia L; LOT 25 BLK 6 Key Knolls Sub; 1021458015; 1702 Vizaleea Dr; $156;240.00;
$95.50; $25.00; $120.50
Freedom Properties LLC; LOT 3 Summitt Add; 1026231004; 1260 University Ave;
$197;770.00; $215.00; $50.00; $265.00
Frost, Hayley C & Wemmer; Jason P; BAL LOT 4-1 Mark Hgts; 1035452028; 1205 Kelly Ln;
$181;090.00; $121.75; $25.00; $146.75
Graves, William F Sr & Graves; Angela M; LOT 3 Newburghs Sub; 1025102005; 1051 Center
Pl; $109;950.00; $86.00; $25.00; $111.00
Harmon, Scott C; LOT 24 Pebble Cove; 1016253008; 3373 Peach Tree Ln; $252;570.00;
$86.00; $25.00; $111.00
Hartung, Adrian J; LOT 20 BLK 4 Sunset Park #2; 1021252056; 2129 Graham Cir,
$152;100.00; $296.00; $75.00; $371.00
Heins; Nolan R, LOT 1 Bee Branch No. 6; 1013460043; 2320 Washington St; $103;300.00;
$181.50; $50.00; $231.50
HR247 LLC, LOT 1 Bee Branch Sub No. 4; 1013460039; 2312 Washington St; $81;070.00;
$86.00; $25.00; $111.00
Jones, Robert James & Cox; Tamora Sue; N 90' LOT 13 Kelly's Sub; 1025130003; 636 Uni-
versity Ave; $59;600.00; $76.50; $25.00; $101.50
Kruser, Andrew; LOT 2-14 McNultys Sub & LOT 7 Newburghs Sub; 1024356010; 1099 Center
Pl; $90;630.00; $162.50; $50.00; $212.50
Kurt, Daniel K; E 36' LOT 101 Union Add; 1025383006; 878 Cleveland Ave; $133;820.00;
$155.25; $25.00; $180.25
L Rockdale Investments LLC; N 100' of E 35' of LOT 49 and W 42' of N 49' of LOT 48 in
Coreill's Dubuque; 1025134011; 550 W 8th St; $64;640.00; $124.00; $25.00; $149.00
Link, Kenneth J Etal; N 1/2 LOTS 1 & 2 Davis Sub; 1026182001; 398 N Algona St;
$125;390.00; $95.50; $25.00; $120.50
Link, Phyllis M; N 1/2 of LOT 32 East Dubuque Add; 1024263001; 1796 Jackson St;
$68;610.00; $86.00; $25.00; $111.00
McCue, Rebecca L; LOT 2-A-11 & LOT 2-B-12 S.M. Langworthy's Add; 1026236008; 1289
W 5th St; $107;230.00; $181.50; $50.00; $231.50
Mid America Property Management LLC; LOT 76 E Langworthy's Add; 1013413005; 2534
Elm St; $63;850.00; $105.00; $25.00; $130.00
Mid-America Property Management LLC; LOT 1 New Jackson Sub; 1013379031; 2401 Jack-
son St; $81;870.00; $86.00; $25.00; $111.00
Mid-America Property Management LLC; LOT 2-93 & LOT 1-94 L H Langworthy's Add;
1024214014; 2051 Washington St; $44;190.00; $86.00; $25.00; $111.00
Mootz, Robert F; LOT 6 of MIN LOT 100; 1024255010; 1925 Washington St; $86;450.00;
$76.50; $25.00; $101.50
Nadermann, Agnes M; SW 1/2 LOT 53 & LOT 1-54 Cooks Add; 1013487005; 612 Lincoln
Ave; $80;940.00; $86.00; $25.00; $111.00
Niemeier, Jeffrey D; LOT 22 S M Langworthy's Add; 1026235005; 1320 Forest Ln;
$181;890.00; $86.00; $25.00; $111.00
Olep, Erik J; LOT 1 of S 1/2 of E 85' of LOT 185 LH Langworthy's Add & LOT 2-6 in New
Jackson Sub; 1013379025; 2431 Jackson St; $45;190.00; $112.25; $25.00; $137.25
Paul, Jacob R; LOT 2-810 A McDaniels Sub; 1024340003; 1360 Dell St; $60;710.00; $248.50;
$75.00; $323.50
Peters, Steven P; LOT 12 Reches Sub; 1026210005; 1806 Delhi St; $123;390.00; $76.50;
$25.00; $101.50
Ploessl, Joseph; S pt. of LOT 4 of city LOT 684; 1024337010; 509 Loras Blvd; $89;240.00;
$363.00; $25.00; $388.00
Ramham Enterprises LLC; LOT 1-3; 1-2 & 1-1 Connolly's Sub & LOT 1 of pt. of city LOT 711;
1024158017; 690 W Locust St; $188;010.00; $243.50; $50.00; $293.50
Ramirez, Emiliano; N 30' LOT 39 Staffords Add; 1013453011; 2410 Queen St; $50;550.00;
$76.50; $25.00; $101.50
Richard, Amy L; W 20' of LOT 24 & LOT 25 S M Langworthys Add; 1026235009; 693 Glen
Oak St; $127;220.00; $76.50; $25.00; $101.50
Vandermillen, Michael; S 90' LOT 1-2-1-1-2 MIN LOT 172; 1026132004; 2027 University Ave;
$74;360.00; $76.50; $25.00; $101.50
You, Banwei; LOT 1 Warren & Robin Amling's Sub; 1013460029; 2274 Washington St;
$79;870.00; $76.50; $25.00; $101.50
11. Signed Contract(s): Rubicon Global, LLC, for Solid Waste Automated Vehicle Location
and Data Collection. Upon motion the documents were received and filed.
12. 2022 Annual Legislative Dinner Meeting Documents : Upon motion the documents were
received and filed.
13. Amending Resilient Community Advisory Commission Terms: City Clerk recommended
City Council concurrence to amend the following three terms of the Resilient Community Advi-
sory Commission to comply with City Code §2-6-7: Dean Boles – Cross Representative Member
– Amend Term Expiration Date to February 15, 2025, to match Boles' term expiration date for
the Community Development Advisory Commission; Robin Kennicker – Cross Representative
Member – Amend Term Expiration Date to June 30, 2023, to match Kennicker's term expiration
date for the Park and Recreation Advisory Commission; Joshua Chamberland – At-Large Mem-
ber – Amend Term Expiration Date to July 1, 2023, to meet staggered term requirement . Upon
motion the documents were received, filed, and concurred.
14. Liquor License Renewals: Upon motion the documents were received and filed, and Res-
olution No. 372-22 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. 372-22
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 examined, pro visionally 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
Casey’s General Store #3473 1072 Cedar Cross Rd.
Dubuque Religious Center, Incorporated 923 Main St.
El Paisano Grocery Store 1543 Central Ave.
EZ Stop #1 1101 Rhomberg Ave.
Gin Rickeys 1447 Central Ave.
Hartig Drug Company #4 2225 Central Ave.
Steeple Square 101 East 15th St.
Third Corner 210 West 1st St.
Passed, approved, and adopted this 5th day of December 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 Farber. Motion carried 7-0.
1. Setting a Public Hearing for the creation of Plaza Drive Urban Revitalization Area: Upon
motion the documents were received and filed and Resolution No. 373-22 Setting a public hear-
ing to create an Urban Revitalization Area, finding an area referred to as Plaza Drive Urban
Revitalization Area, hereinafter described, appropriate for public improvements related to hous-
ing and residential development and construction of residential development, including single
or multifamily housing necessary in the interest of public health, safety, or welfare of the resi-
dents of the city and setting a public hearing on creation of the Plaza Drive Urban Revitalization
Area was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on December
19, 2022, in the Historic Federal Building.
RESOLUTION NO. 373-22
SETTING A PUBLIC HEARING TO CREATE AN URBAN REVITALIZATION AREA, FINDING
AN AREA REFERRED TO AS PLAZA DRIVE URBAN REVITALIZATION AREA, HEREINAF-
TER DESCRIBED, APPROPRIATE FOR PUBLIC IMPROVEMENTS RELATED TO HOUSING
AND RESIDENTIAL DEVELOPMENT AND CONSTRUCTION OF RESIDENTIAL DEVELOP-
MENT, INCLUDING SINGLE 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 PLAZA DRIVE URBAN REVITALI-
ZATION 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 Asbury Plaza No 16 in the City of Dubuque, Iowa, according to the recorded
plat thereof (the Area) is the location of a proposed thirteen building residential development
with approximately 30-units in each building by Talon Development (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 City Clerk is directed to publish notice of a public hearing on the adoption of
an Urban Revitalization Plan for the Plaza Drive Urban Revitalization Area to be held on De-
cember 19, 2022, at 6:30 p.m. in the Histo ric Federal Building in Dubuque, Iowa, 350 W. 6th
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 5th day of December, 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
2. Recommendation to Set for Public Hearing an Amended Lease with the Dubuque Racing
Association: Upon motion the documents were received and filed and Resolution No. 374-22
Intent to dispose of an interest in real property by first amendment to the second amended and
restated lease agreement with the Dubuque Racing Association, LTD. was adopted setting a
public hearing for a meeting to commence at 6:30 p.m. on December 19, 2022, in the Historic
Federal Building.
RESOLUTION NO. 374-22
INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY FIRST AMENDMENT TO
THE SECOND AMENDED AND RESTATED LEASE AGREEMENT WITH THE DUBUQUE
RACING ASSOCIATION, LTD
Whereas, the City of Dubuque, Iowa (City) entered into a Second Amended and Restated
Lease Agreement with the Dubuque Racing Association, Ltd. (DRA) on January 4, 2022; and
Whereas, the parties now desire to amend the Second Amended and Restated Lease Agree-
ment; and
Whereas, the City Council of City believes it is in the best interests of City to approve the First
Amendment to the Second Amended and Restated Lease with the Dubuque Racing Associa-
tion, Ltd.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. The City Council intends to dispose of City’s interest in the foregoing -described
real property pursuant to the First Amendment to the Second Amended and Restated Lease
Agreement.
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a
Notice to be published as prescribed by Iowa Code §364.7 of a public hearing on City's intent
to dispose of the foregoing-described real property, to be held on the 19th of December 2022,
at 6:30 o'clock p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th
Street, Dubuque, Iowa
Passed, approved, and adopted this 5th day of December, 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
PUBLIC HEARINGS
1. Resolution of Adoption for the Proposed Urban Renewal Plan for the John F. Kennedy
(JFK) Road Urban Renewal Area: Motion by Resnick to receive and file the documents and
adopt Resolution No. 375-22 Approving an Urban Renewal Plan for the John F. Kennedy Road
Urban Renewal Area. Seconded by Sprank. Motion carried 7-0.
RESOLUTION NO. 375-22
APPROVING AN URBAN RENEWAL PLAN FOR THE JOHN F. KENNEDY ROAD URBAN
RENEWAL AREA
Whereas, by Resolution 353-22 on November 7, 2022, the City Council of the City of Dubu-
que, Iowa authorized the preparation of an Urban Renewal Plan for the John F. Kennedy Road
Urban Renewal Area (the "District"); and
Whereas, the City of Dubuque's primary objective for the Urban Renewal Plan is to provide
opportunities which will further economic development purposes and objectives in the District;
and
Whereas, a consultation process has been undertaken with affected taxing entities in accord-
ance with Chapter 403 of the Code of Iowa with no written obje ctions or recommended changes
to the Urban Renewal Plan received; and
Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a
public hearing on the proposed Urban Renewal Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the Urban Renewal Plan for the John F. Kennedy Road Urban Renewal Area,
on file in the City Clerk's Office and made reference to herein, is hereby approved.
Section 2. 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 Auditor.
Passed, approved, and adopted this 5th day of December, 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
2. Flora Pool Filter Tanks and Recirculation Pump Replacement – Public Hearing: Motion by
Jones to receive and file the documents and adopt Resolution No. 376-22 Approval of plans,
specifications, form of contract, and estimated cost for the Flora Pool Filter Tanks and Recircu-
lation Pump Replacement Project. Seconded by Sprank. Motion carried 7-0.
RESOLUTION NO. 376-22
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE FLORA POOL FILTER TANKS AND RECIRCULATION PUMP REPLACE-
MENT PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the Flora
Pool Filter Tanks and Recirculation Pump Replacement Project, in the estimated cost amount
of $215,000 are hereby approved.
Passed, approved, and adopted this 5th day of December 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
ACTION ITEMS
1. Iowa Economic Development Authority Business Financial Assistance Application for
McCoy Group, Inc.: Motion by Farber to receive and file the documents and adopt Resolution
No. 377-22 Authorizing the filing of an application with the Iowa Economic Development Author-
ity for business financial assistance on behalf of McCoy Group, Inc. Seconded by Roussell.
Responding to a question from the City Council, City Manager Van Milligen stated that City staff
are engaged in discussions with McCoy Group, Inc., on how they will utilize the tax increment
rebates. Motion carried 7-0.
RESOLUTION NO. 377-22
AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA ECONOMIC DEVEL-
OPMENT AUTHORITY FOR BUSINESS FINANCIAL ASSISTANCE ON BEHALF OF MCCOY
GROUP, INC
Whereas, McCoy Group, Inc. has proposed making an approximately Thirty -Three Million
Dollar ($33,000,000.00) investment for the expansion of its headquarters office facility in the
City of Dubuque, Iowa (the Project); and
Whereas, financial assistance from the Iowa Economic Development Authority is designed
to assist in the economic development efforts of local jurisdictions; and
Whereas, the City of Dubuque, Iowa is eligible to apply for funding from the Iowa Economic
Development Authority Business Financial Assistance Program; and
Whereas, the City Council of the City of Dubuque, Iowa has considered the propo sal and
determined that the proposed Project will contribute to the local economy through the creation
of eighteen (18) full-time jobs in the City, all of which qualify for the Iowa Economic Development
Authority Business Financial Assistance Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the filing of the attached Application for participation in the Iowa Economic
Development Authority Business Financial Assistance Program on behalf of McCoy Gr oup, Inc.
is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute, and the City Manager
is hereby directed to submit the Application to the Iowa Economic Development Authority to-
gether with such other documents as may be required.
Passed, approved, and adopted this 5th day of December, 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
2. Letter of Support for Dubuque Museum of Art Destination Iowa $10 million Grant Applica-
tion to Provide Funding Assistance for a $40 Million Art Museum Project : Motion by Jones to
receive and file the documents and approve the letter of support to the Iowa Economic Devel-
opment Authority (IEDA) for the Dubuque Museum of Art's Destination Iowa $10 million Grant
Application to provide funding assistance for a $40 Million Art Museum Project. Seconded by
Wethal. City Council Members expressed enthusiasm for the grant application. Motion carried
7-0.
3. Greater Dubuque Development Corporation - Quarterly Update: Motion by Roussell to
receive and file the documents and listen to the presentation. Seconded by Farber. President
and CEO Rick Dickinson presented the quarterly update on the activities of the Greater Dubu-
que Development Corporation. Motion carried 7-0.
4. Tax Increment Ordinance for the John F. Kennedy (JFK) Road Urban Renewal Area : Mo-
tion by Jones to receive and file the documents and that the requirement that a proposed or di-
nance be considered and voted on for passage at two Council meetings prior to the meeting at
which it is to be passed be suspended. Seconded by Resnick. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 42-22 Providing that
general property taxes levied and collected each year on all property located within the John F.
Kennedy Road 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 John F. Kennedy Road Urban Re-
newal Area Redevelopment Project. Seconded by Resnick. Motion carried 7-0.
5. Miracle League of Dubuque Complex - Fall 2022 Video: Motion by Resnick to receive and
file the documents and view the video. Seconded by Roussell. Media Services showed a video
of the Miracle League of Dubuque Complex. The video can be viewed at the following link:
https://youtu.be/C22CyiD1lnA. Motion carried 7 -0.
6. Dubuque Police Department Recruitment Videos: Motion by Jones to receive and file the
documents and view the videos. Seconded by Sprank. Media Services showed three videos
that promote employment opportunities in the Dubuque Police Department. The videos can be
viewed at the following links: https://youtu.be/Og5F8K_RdD4; https://youtu.be/nBR9Xu1YfNU;
https://youtu.be/7Hj5SuklWZo. City Council Members acknowledged the national issue of police
departments struggling to recruit and stressed the importance of promoting the department’s
opportunities. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Wethal reported on her recent orientations with the Water Resource & Re-
covery Center (WR&RC), Water Department, Airport, and Economic Development department.
Council Member Resnick reported on attending a concert by the Heartland Harmony and their
efforts to support women.
Mayor Cavanagh wished everyone a great holiday season.
City Manager Van Milligen relayed information about Assistant City Manager Cori Burbach’s
family medical situation.
Council Member Farber thanked Teri Goodmann for hosting the annual legislative dinner.
CLOSED SESSION
Motion by Jones to convene in closed session at 7:35 p.m. to discuss Purchase or Sale of
Real Estate – Chapter 21.5(1)(j) Code of Iowa. 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 8:08 p.m. stating that staff had been given
proper direction.
There being no further business, Mayor Cavanagh declared the meeting adjourned at 8:08
p.m.
/s/Adrienne N. Breitfelder, City Clerk