01 03 23 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 January 3, 2023, in the
second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell, Sprank,
Wethal; City Manager Van Milligen, City Attorney Brumwell (attended virtually).
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 Black Heritage Survey.
WORK SESSION
BLACK HERITAGE SURVEY
Planning Services Manager Wally Wernimont introduced Assistant Planner Chris Happ Ol-
son, project coordinator for the Black Heritage Survey, who presented an update on the pro-
gress of the Black Heritage Survey. Responding to a question from the City Council, Ms. Olson
stated that anyone with relevant information in support of the survey can contact her. Ms. Olson
also outlined the goal of having the survey accessible to a variety of groups. City Council Mem-
bers praised the survey and stressed its importance.
There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:23
p.m.
/s/Adrienne N. Breitfelder, CMC, 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 January 3, 2023, in the
second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell, Sprank,
Wethal; City Manager Van Milligen, City Attorney Brumwell (attended virtually).
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. Human Slavery and Human Trafficking Prevention Month (January 2023) was accepted
by Sister Marilou Irons on behalf of the Tri-State Coalition Against Human Trafficking and Slav-
ery.
CONSENT ITEMS
Council Member Jones requested Item No. 14 be held for separate discussion. Council Mem-
ber Roussell requested Item No. 16 be held for separate discussion. Motion by Resnick to re-
ceive and file the documents, adopt the resolutions, and dispose of as indicated, except for Item
Nos. 14 and 16. Seconded by Farber. Motion carried 7 -0.
1. Minutes and Reports Submitted: Civil Service Commission of 12/21/22; City Council Pro-
ceedings of 12/19/22; Zoning Board of Adjustment of 12/15/22; Proof of Publication for City
Council Proceedings of 11/30/22 and 12/5/22. Upon motion the documents were received and
filed.
2. Notice of Claims and Suits: Rick Belser for property 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: Rick
Besler for property damage. Upon motion the documents were received, filed, and concurred.
4. Expenses Submitted for City Council Approval: Upon motion the documents were received
and filed, and Resolution No. 1-23 Authorizing the Director of Finance and Budget/City Treas-
urer to make certain payments of bills that must be paid and approved for payment in accord-
ance with City procedures was adopted.
RESOLUTION NO. 1-23
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 require ments as requested by designated
requisitioning authorities in accordance with approved budget appropriations.
Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance 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 3rd day of January, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, CMC, City Clerk
5. Finance Department Restructure: Upon motion the documents were received, filed, and
approved.
6. Fleet Electrification Guidance & Cost of Carbon: Upon motion the documents were re-
ceived, filed, and approved.
7. Mystique Ice Arena: Rubber Sport Flooring Removal and New Replacement Project - Ac-
ceptance of Equipment, Goods, and Services Contract: Upon motion the documents were re-
ceived and filed, and Resolution No. 2-23 Accepting the Mystique Ice Arena Rubber Sport Floor-
ing Removal and New Replacement Project and authorizing the payment to the vendor / service
provider was adopted.
RESOLUTION NO. 2-23
ACCEPTING THE MYSTIQUE ICE ARENA RUBBER SPORT FLOORING REMOVAL AND
NEW REPLACEMENT PROJECT AND AUTHORIZING THE PAYMENT TO THE VENDOR /
SERVICE PROVIDER
Whereas, the Equipment, Goods, and Services Contract for the Mystique Ice Arena Rubber
Sport Flooring Removal and New Replacement Project (the Project) has been completed by
Becker Arena Products, Inc., (Vendor / Service Provider), and the City Engineer has exam ined
the work and recommends that the Project be accepted; and
Whereas, the final contract amount for the Project is $289,480.95; and
Whereas, Becker Arena Products, Inc. has previously been paid $275,006.90, leaving a bal-
ance of $14,474.05; 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 hereb y
accepted.
Section 2. The Finance Director is hereby directed to pay to Becker Arena Products, Inc. the
balance of the retainage of $14,474.05 as provided in Iowa Code chapter 573, and to pay such
retainage in accordance with the provisions of Iowa Code c hapter 573 or Iowa Code chapter
26.13.
Passed, approved, and adopted this 3rd day of January 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, CMC, City Clerk
8. Mystique Community Ice Center Settlement Remediation Project: Acceptance of Public
Improvement Construction Contract: Upon motion the documents were received and filed, and
Resolution No. 3-23 Accepting the Mystique Ice Center Settlement Remediation Project and
authorizing the payment to the contractor was adopted.
RESOLUTION NO. 3-23
ACCEPTING THE MYSTIQUE ICE CENTER SETTLEMENT REMEDIATION PROJECT AND
AUTHORIZING THE PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the Mystique Ice Center Settlement Remedia-
tion Project (the Project) has been completed by the Contractor, Keller North America, 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 $1,822,443.00; and
Whereas, the Contractor has previously been paid $1,731,320.85, leaving a balance of
$91,122.15; 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 $91,122.15 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 3rd day of January 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, CMC, City Clerk
9. Acceptance of a Grant of Easement for Water Main Utility over Barbara and Terrence Bahl
property in Dubuque County, Iowa as part of the Briarwood Subdivision Water Connection Pro-
ject: Upon motion the documents were received and filed, and Resolution No. 4-23 Accepting a
Grant of Easement for water main utility through, over and across part of Lot 5 in Briarwood
Subdivision, Dubuque County, Iowa was adopted.
RESOLUTION NO. 4-23
ACCEPTING A GRANT OF EASEMENT FOR WATER MAIN UTILITY THROUGH, OVER
AND ACROSS PART OF LOT 5 IN BRIARWOOD SUBDIVISION, DUBUQUE COUNTY,
IOWA
Whereas, Barbara J. Bahl and Terrence L. Bahl, have executed a Grant of Easement for
Water Main Utility through, over and across part of Lot 5 in Briarwood Subdivision, Dubuque
County, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and
consents to the Grant of Easement for Water Main Utility through, over and across part of Lot 5
in Briarwood Subdivision, Dubuque County, Iowa as shown on the Grant of Easement for Water
Main Utility, from Barbara J. Bahl and Terrence L. Bahl, a copy of which is attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments in connection herewith.
Section 3. The City Clerk is hereby authorized to and directed to record this resolution and
Grant of Easement for Water Main Utility with the Dubuque County Recorder.
Passed, approved, and adopted this 3rd day of January, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, CMC, City Clerk
10. Accepting Deed from Jade Engineering for 1509-1511 Bluff Street: Upon motion the doc-
uments were received and filed, and Resolution No. 5 -23 Accepting the deed to certain real
estate in Dubuque County, Iowa from Jade Engineering LLC was adopted.
RESOLUTION NO. 5-23
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM
JADE ENGINEERING LLC
Whereas, Jade Engineering LLC is the owner of certain real property in Dubuque County,
Iowa, described as follows:
The northerly 48 feet of the easterly 90 feet of lot 4 in D. N. Cooley’s Subdivision of Out
Lots numbered 668 in the City of Dubuque, Iowa, according to the recorded plat thereof.
Whereas, as part of a court settlement, if the property was not sold prior to June 30, 2022,
Jade Engineering LLC would deed the property to the City of Dubuque; and
Whereas, Jade Engineering LLC has executed a Deed conveying said real estate to the City
of Dubuque; and
Whereas, the City Council finds that it is in the best interest of the City to accept such deed
from Jade Engineering, LLC.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA, AS FOLLOWS:
Section 1. The City of Dubuque, Iowa, hereby accepts the Deed from Jade Engineering LLC,
a copy of which Deed is attached hereto.
Section 2. The City Clerk is hereby authorized and directed to record this Resolution and the
Deed with the Dubuque County Recorder.
Passed, approved and adopted this 3rd day of January, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, CMC, City Clerk
11. The Hotel Dubuque, LLC, Seventh Amendment to Development Agreement: Upon motion
the documents were received and filed, and Resolution No. 6-23 Approving the Seventh Amend-
ment to the Development Agreement between the City of Dubuque and The Hotel Dubuque,
LLC was adopted.
RESOLUTION NO. 6-23
RESOLUTION APPROVING THE SEVENTH AMENDMENT TO THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF DUBUQUE AND THE HOTEL DUBUQUE, LLC
Whereas, the City of Dubuque, Iowa (hereinafter "City") and Warehouse Trust, LLC, entered
into a Development Agreement dated for reference purposes the 17th day of June 2013 which
Development Agreement was subsequently assigned to Novelty Iron Landlord, LLC with the
consent of the City; and
Whereas, the Hotel Dubuque, LLC has entered into a Purchase Agreement with Novelty Iron
Landlord, LLC, to purchase the Condominium Units presently owned by Novelty Iron Landlord,
LLC, and constituting the entirety of the assets of Novelty Iron Landlord, LLC.; and
Whereas, the Development Agreement was subsequen tly assigned to The Hotel Dubuque,
LLC with the consent of the City; and
Whereas, the Sixth Amendment to Development Agreement established a Closing Date of
December 30, 2022 on the Development Agreement between Novelty Iron Landlord, LLC and
The Hotel Dubuque, LLC; and
Whereas, The City and The Hotel Dubuque, LLC now desire to extend the Closing Date to
March 30, 2023 to allow The Hotel Dubuque, LLC to finalize its financing; and
Whereas, the City Council finds that the Seventh Amendment attached hereto should be
approved.
NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. The Seventh Amendment is hereby approved.
Section 2. The Mayor is hereby authorized and directed to sign the Seventh Amendment on
behalf of the City of Dubuque.
Passed, approved, and adopted this 3rd day of January, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
12. First Amendment to Community Development Block Grant (CDBG) Subrecipient Agree-
ment between the City of Dubuque and Dubuque Area Labor Harvest : Upon motion the docu-
ments were received and filed, and Resolution No. 7-23 Authorizing the First Amendment to the
CDBG Subrecipient Agreement between the City of Dubuque and Dubuque Area Labor Harvest
was adopted.
RESOLUTION NO. 7-23
RESOLUTION AUTHORIZING THE FIRST AMENDMENT TO THE CDBG SUBRECIPIENT
AGREEMENT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE AREA LABOR HAR-
VEST
Whereas, the City of Dubuque and Area Labor Harvest entered into a CDBG Subrecipient
Agreement dated October 3, 2022 with respect to food deliveries to Low- and moderate-income
families and individuals in need and otherwise unable to access food independen tly; 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, Area Labor Harvest provides services to a majority low to moderate -income
individuals.
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 City Manager or his designee 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 3rd day of January 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
13. Curbside Collection Cart Update - January Utility Bill Insert: Upon motion the documents
were received and filed.
14. Marketing Update for Leisure Services Seasonal Employees: Council Member Jones
shared information about the Leisure Services Seasonal Job Fair occurring on January 5, 2023
and encouraged residents to promote the event. Motion by Jones to receive and file the docu-
ments. Seconded by Resnick. Motion carried 7-0.
15. Flora Pool Filter Tanks and Recirculation Pump Replacement – Award Public Improve-
ment Contract: Upon motion the documents were received and filed, and Resolution No. 8-23
Awarding Public Improvement Construction Contract for the Flora Pool Filter Tanks and Recir-
culation Pump Replacement Project was adopted.
RESOLUTION NO. 8-23
AWARDING PUBLIC IMPROVEMENT CONSTRUCTION CONTRACT FOR THE FLORA
POOL FILTER TANKS AND RECIRCULATION PUMP REPLACEMENT PROJECT
Whereas, Flora Park pool is an aging popular community amenity in need of repair to ensure
availability to the community for years to come; and
Whereas, the residents of the City of Dubuque will benefit from this operational improvement;
and
Whereas, sealed proposals have been submitted by contractors for the Project pursuant to
Resolution No. 376-22 and Notice to Bidders published on the City of Dubuque, Iowa website
on the 5th day of December 2022; and
Whereas, said sealed proposals were opened on the 19th day of December 2022 and it has
been determined that Carrico Aquatics Resources, Oelwein, IA submitted the low bid in the
amount of $227,400 and 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:
Section 1. That the Public Improvement Construction Contract for the Flora Pool Filter Tanks
and Recirculation Pump Replacement Project is hereby awarded to Carrico Aquatic Resources
and the City Manager is hereby directed to execute the Public Improvement Contract on behalf
of the City of Dubuque for the project.
Passed, approved, and adopted this 3rd day of January 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, CMC, City Clerk
16. Certified Municipal Clerk Designation for City Clerk: Council Member Roussell and Mayor
Cavanagh congratulated City Clerk Breitfelder on achievement of the International Institute of
Municipal Clerks' (IIMC) designation of Certified Municipal Clerk (CMC). Motion by Roussell to
receive and file the documents. Seconded by Farber. Motion carried 7 -0.
17. Approval of Retail Alcohol Licenses: Upon motion the documents were received and filed,
and Resolution No. 9-23 Approving applications for retail alcohol licenses, as required by City
of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor
Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted.
RESOLUTION NO. 9-23
APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY CITY
OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULA-
TIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE LI-
CENSES AND PERMITS
Whereas, applications for retail alcohol licenses have been submitted and filed with the City
Council for approval, and the same have been examined, provisionally approved, and/or ap-
proved; 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
license types to the following applicants pending submission of the locally required documenta-
tion:
Renewals
Dubuque Mining Co. 555 John F. Kennedy Rd. Suite 600
Dubuque Wine & Spirit LLC 3305 Asbury Rd.
Gold Standard Athletics 555 John F. Kennedy Rd. Unit 415
Hammerheads Bar & Billiards 2095 Kerper Blvd. Ste. 2
Hartig Drug Company 8 1600 University Ave.
Hy-Vee Market Cafe 3 400 Locust St. Cafe Area
The Clubhouse 2364 Washington St.
Passed, approved, and adopted this 3rd day of January 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, CMC, 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.
1. Civic Center Advisory Commission: One, 3-Year term through June 29, 2024 (Vacant term
of Daugherty). Applicants: Jesse Gavin, 1120 Main St.; Peter Gaul, 2311 Central Ave.; Danielle
Jacobs, 3130 Shiras Ave. Mr. Gavin spoke in support of his application and provided a brief
biography. Mr. Gaul and Ms. Jacobs virtually spoke in support of their applications, respectively,
and provided brief biographies.
2. Community Development Advisory Commission: Two, 3-Year terms through February 15,
2026 (Expiring Low/Moderate Income term of Fox and At-Large term of Mozena). Applicants:
Kelly Fox, 838 Althauser St. - Qualifies as Low/Moderate Income Rep. and At-Large; Gabriel
Mozena, 196 Bluff St. - Qualifies as At-Large.
3. Housing Commission: One, 3-Year term through August 17, 2024 (Vacant term of Weitz).
Applicant: Ross Janes, 2741 Muscatine St. Mr. Janes spoke in support of his application and
provided a brief biography.
PUBLIC HEARINGS
1. Resolution Approving the Development Agreement by and between the City of Dubuque
and McCoy Group, Inc., Including the Issuance of Urban Renewal Tax Increment Revenue
Grant Obligations: Motion by Resnick to receive and file the documents and adopt Resolution
No. 10-23 Approving a Development Agreement by and between the City of Dubuque, and
McCoy Group, Inc., including the issuance of urban renewal tax increment revenu e obligations.
Seconded by Jones. Jim Connely, 501 Bell St., Director of Marketing for McCoy Group, Inc.,
spoke in support of the Development Agreement and provided an overview of the project. Coun-
cil Members expressed support for the Development Agreement. Motion carried 7-0.
RESOLUTION NO. 10-23
APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBU-
QUE, AND MCCOY GROUP, INC., INCLUDING THE ISSUANCE OF URBAN RENEWAL TAX
INCREMENT REVENUE OBLIGATIONS
Whereas, McCoy Group, Inc. is the owner of the following described real property:
Tract I - Lot 2 of Lot 3 of Lot 3 of Southpark Addition No. 1, in the City of Dubuque, Iowa,
according to the recorded plat thereof, subject to easements of record
Tract II- Lot 2 of Southpark Addition No. 2, in the City of Dubuque, Iowa, according to
the recorded plat thereof, subject to easements of record
Tract III - Lot 2 of Southpark Addition No. 1, in the City of Dubuque, Iowa, according to
the recorded plat thereof, subject to easements of record (the “Property”)
Tract IV - Lot 1 of Southpark Addition No. 2, in the City of Dubuque, Iowa, accord ing to
the recorded plat thereof, subject to easement of record
Tract V - Lots 1 and 2 of Gudenkauf Place, City of Dubuque, Iowa (the Property); and
Whereas, the City Council, by Resolution No. 392-22, dated December 19, 2022, declared
its intent to enter into a Development Agreement by and between the City of Dubuque, and
McCoy Group, Inc., including the issuance of Urban Renewal Tax Increment Revenue Obliga-
tions; and
Whereas, pursuant to published notice, a public hearing was held on the proposed Develop-
ment Agreement on January 3, 2023 at 6:30 p.m.; and
Whereas, it is the determination of the City Council that approval of the Development Agree-
ment for redevelopment of the Property by McCoy Group, Inc. according to the terms and con-
ditions set out in the Development 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 Development Agreement by and between the City of Dubuque and McCoy
Group, Inc., a copy of which is attached hereto, including the issuance of Urban Renewal Tax
Increment Revenue Obligations, is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Development
Agreement on behalf of the City of Dubuque and the City Clerk 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 Development Agreement as herein approved.
Passed, approved, and adopted this 3rd day of January, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, CMC, City Clerk
PUBLIC INPUT
Rick Dickinson, 205 Hill St., President and CEO of Greater Dubuque Development Corpora-
tion, spoke in support of Public Hearing No. 1, Action Item No’s. 2, and 3.
Eric Ethier, 325 Monroe St., Member of the Key City Creative Center Board of Directors,
spoke in support of Action Item No. 2 and requested that the City Council support Option B for
the gathering space proposed on 18th St.
Tim Hitzler, 2655 Fulton St.; and Bill Doyle, 1591 White St., also spoke in support of Action
Item No. 2, respectively.
City Clerk Breitfelder announced receipt of written input from Jeff DiCicco, President of Key
City Creative Center, regarding Action Item No. 2.
ACTION ITEMS
1. Mayor and City Council Appointments to Various Boards and Committees: Motion by Rous-
sell to receive and file the documents and refer to the City Council. Seconded by Sprank. Council
Member Wethal volunteered to assume the appointment on the Friends of the Mines of Spain
Advisory Board in place of Council Member Sprank. Motion amended by Roussell to receive
and file the documents, appoint Council Member Wethal to the Friends of the Mines of Spain
Advisory Board, and maintain all other appointments as specified. Seconded by Sprank. Point
of Order by Jones to include removing Council Member Sprank from the Friends of the Mines
of Spain Advisory Board in the motion. Motion amended by Roussell and seconded by Sprank.
Motion carried 7-0.
2. Central Avenue Corridor Streetscape Master Plan – Adoption: Motion by Sprank to receive
and file the documents and adopt Resolution No. 11 -23 Adopting the Central Avenue Corridor
Streetscape Master Plan. Seconded by Jones. Responding to a question from the City Council,
City Manager Van Milligen stated that the gathering space on 18th St., along with other specific
decisions related to the plan, will be presented to the City Council at future meetings. City Coun-
cil Members expressed enthusiasm for the plan and thanked everyone who provided input. Mo-
tion carried 7-0.
RESOLUTION NO. 11-23
RESOLUTION ADOPTING THE CENTRAL AVENUE CORRIDOR STREETSCAPE MASTER
PLAN
Whereas, the City Council adopted Central Avenue Revitalization: Streetscape and Business
Development as a Top Priority in its 2017-2019 Policy Agenda; and
Whereas, RDG Planning & Design and WHKS were hired to assist City staff to prepare a
Master Plan for the Central Avenue Corridor; and
Whereas, several public meetings were held to provide input on the Master Plan, a steering
committee composed of stakeholders was consulted on the Master Plan, a nd several City staff
have provided input to the Master Plan; and
Whereas, the revitalization of the Central Avenue Corridor will create new housing, commer-
cial, and retail development opportunities to enhance the economic development in the down-
town; and
Whereas, the Central Avenue Corridor will be revitalized with an emphasis on embracing the
Washington Neighborhood, pedestrian safety, integration of arts and culture, reduced
maintenance, preservation of the corridor’s architecture, a greener experience, economic vital-
ity, and safety.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the Central Avenue Corridor Streetscape Master Plan prepared by RDG Plan-
ning & Design and WHKS is hereby approved.
Passed, approved, and adopted this 3rd day of January, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
3. Central Avenue / White Street Truck Route: Amend Commercial Motor Vehicles Ordinance
to December 31, 2023: Motion by Jones to receive and file the documents and that the require-
ment that a proposed ordinance be considered and voted on for passage at two Council meet-
ings prior to the meeting at which it is to be passed be suspended. Seconded by Sprank. Council
Member Sprank suggested an additional ordinance amending the speed limit on Central Ave.
and White St. from 25 miles per hour (mph) to 20 mph be considered. Responding to a question
from the City Council, City Attorney Brumwell stated that the City Council was permitted to dis-
cuss Council Member Sprank’s suggestion during this meeting. Council consensus on the sug-
gestion would be required for City staff to present the proposed ordinance amendment on a
future agenda for formal action. Responding to a question from the City Council, City Manager
Van Milligen stated that traffic flow could be incorporated into the traffic study resulting from the
Central Avenue Corridor Streetscape Master Plan. City Engineer Gus Psihoyos stated that traf-
fic counts and speed counts help determine speed limit s, and that downtown speed limits auto-
matically default to 25 mph. Mr. Psihoyos also confirmed that speed limits can be reviewed as
part of the traffic study. Council Members expressed support for the commercial motor vehicles
ordinance amendment and recommended that Council Member Sprank’s speed limit reduction
suggestion be considered via the upcoming traffic study. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 1-23 Amending City
of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 16 Miscellaneous
City Provisions, Division 2 Trucks and/or Machinery, Section 9 -16-321.901 Motor Truck Routes.
Seconded by Sprank. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 1-23
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES AND
TRAFFIC, CHAPTER 16 MISCELLANEOUS CITY PROVISIONS, DIVISION 2 TRUCKS
AND/OR MACHINERY, SECTION 9-16-321.901 MOTOR TRUCK ROUTES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. Section 9-16-321.901 of the City of Dubuque Code of Ordinances is amended to
read as follows:
9-16-321.901: MOTOR TRUCK ROUTES:
A. Motor trucks registered for a gross weight limit exceeding ten thousand (10,000) pounds
(5 tons) must travel over marked highways when operating in the city and may not depart from
such marked highways, except that any motor truck whose destination is in the city may depart
from such highway at that point on the highway nearest to its destination and then procee d
directly to such destination.
B. Motor trucks whose trips originate within the city must travel by the most direct route to
that point on a marked highway nearest to such point of origin.
C. Motor trucks entering the city on an unmarked highway must proceed to the nearest
marked highway by the most direct route and then proceed to their destination, except when the
destination lies between the point of entry into the city and the marked highway. This prohibition
shall not apply to Central Avenue and White Street between 4th Street and 32nd Street from
the de-designation of Central Avenue and White Street as the Iowa Highway 52 motor truck
route through the city by the Iowa department of transportation and continue through December
31, 2023.
D. Motor trucks registered for a gross weight limit exceeding ten thousand (10,000) pounds
(5 tons) must not travel over the following streets:
Ice Harbor Drive, from 1st Street to the 3rd Street Overpass.
Main Street, from 5th Street to 9th Street.
E. The city manager is authorized to designate and establish by appropriate signs alternate
motor truck routes and to post signs limiting motor trucks registered with a gross weight limit
exceeding ten thousand (10,000) pounds (5 tons) from operating on nonhighway streets and
the streets designated in subsection D of this section.
F. The provisions of this section governing the travel of motor trucks on residential streets do
not apply to public or private carriers of passengers on tour, fixed demand response, or dial -a-
ride routes or school or church buses.
G. The scheduled fine for a violation of this section is fifty dollars ($50.00).
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 3rd day of January, 2023.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, CMC, City Clerk
Published officially in the Telegraph Herald newspaper on the 6th day of January, 2023.
/s/Adrienne N. Breitfelder, City Clerk
4. Work Session Request: Smart Parking & Mobility Master Plan and the Historic Millwork
District Master Plan Update: Motion by Roussell to receive and file the documents and schedule
the work session for Monday, January 30, 2023, beginning at 5:30 p.m. Seconded by Sprank.
No schedule conflicts were expressed. Motion carried 7-0.
5. Work Session Request: Sustainable Dubuque Quarterly Sessions : Motion by Jones to re-
ceive and file the documents and schedule the work session for Monday, February 6, 2023, at
6:00 p.m.; Monday, May 15, 2023, at 6:00 p.m.; Monday, July 17, 2023, at 5:30 p.m.; and Mon-
day, October 16, 2023, at 5:30 p.m. Seconded by Roussell. No schedule conflicts were ex-
pressed. Motion carried 7-0.
6. Delivering Dubuque: Police Department Video : Motion by Sprank to receive and file the
documents and view the video. Seconded by Jones. Media Services showed the Delivering
Dubuque episode featuring the Police Department. This video was produced by the Public In-
formation Office and can be viewed at: https://youtu.be/44L6843vTMQ. Mayor Cavanagh em-
phasized the importance of advocating for the city’s budget and subsequent community impact
via these videos and other means during the upcoming state legislative session. Motion carried
7-0.
7. Delivering Dubuque: Arts and Culture Video: Motion by Roussell to receive and file the
documents and view the video. Seconded by Farber. Media Services showed the Delivering
Dubuque episode featuring Arts and Culture. This video was produced by the Public Information
Office and can be viewed at: https://youtu.be/Kjw7BOg01PY. Motion carried 7 -0.
8. Leisure Services Seasonal Job Fair Video : Motion by Jones to receive and file the
documents and view the video. Seconded by Sprank. Media Services showed a video that pro-
motes the Leisure Services Department's Seasonal Job Fair. This video was produced by the
Public Information Office and can be viewed at: https://www.youtube.com/watch?v=ucNmp-
kgCFHc. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Jones reported that the Iowa Special Olympics are taking place in Dubuque
next Monday and Tuesday.
Council Member Farber reported on speaking at the University of Dubuque’s Winter Com-
mencement ceremony.
Mayor Cavanagh wished everyone a happy new year.
CLOSED SESSION
Motion by Jones to convene in closed session at 8:16 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 issue s to be discussed
in the closed session is City Attorney Brumwell. Motion carried 7-0.
The City Council reconvened in open session at 8:51 p.m. stating that staff had been given
proper direction.
There being no further business, Mayor Cavanagh declared the meeting adjourned at 8:52
p.m.
/s/Adrienne N. Breitfelder, CMC, City Clerk