06 05 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 June 5, 2023, in the
second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street, Dubuque,
Iowa.
Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick (attended virtually),
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 AchieveIt and Imagine Dubuque progress
updates.
WORK SESSION
AchieveIt and Imagine Dubuque Progress Updates
Assistant City Manager Cori Burbach and International City/County Management Associ-
ation (ICMA) Fellow Abhishek Rai presented updates on the use of the AchieveIt platform for
reporting progress related to City Council Goals & Priorities. Following their presentation, As-
sistant Planner Jason Duba presented on the Imagine Dubuque Comprehensive Plan and
how its progress will be reported within the AchieveIt platform. Responding to questions from
the City Council, Ms. Burbach stated that data within AchieveIt can be embedded in city
webpages for residents to view. Ms. Burbach also stated that the platform contains both the
current and the past year’s City Council goals and priorities. City Council members expressed
their preference for an interactive version of the data within the platform.
There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:18
p.m.
/s/Adrienne N. Breitfelder, CMC, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on June 5, 2023, in the
second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street, Dubuque,
Iowa.
Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick (attended virtually),
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.
City Clerk Breitfelder announced that Council Member Reports would occur after the
pledge of allegiance.
PLEDGE OF ALLEGIANCE
COUNCIL MEMBER REPORTS
Mayor Cavanagh read a statement in response to several recent hate or bias incidents in
the community.
Council Member Sprank reported on the pride family picnic.
Council Member Resnick reported on his recent visit to England and the cultural diversity
within its cities.
Council Member Wethal reported on serving as an honor flight guardian and the pride fam-
ily picnic.
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: Arts and Cultural Affairs Advisory Commission of
2/28/23 and 3/28/23; City Council Proceedings of 5/15/23; Civil Service Commission of
5/10/23; Zoning Advisory Commission of 5/3/23; Zoning Board of Adjustment of 4/27/23;
Proof of Publication for City Council Proceedings of 4/24/23, 5/1/23, and 5/15/23. Upon mo-
tion the documents were received and filed.
2. Notice of Claims and Suits: Robert Berry for personal injury; John Higgins for property
damage; Shyla Thurston 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:
Robert Berry for personal injury; John Higgins for property damage; Shyla Thurston 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. 162-23 Authorizing the Chief Financial Officer/City Treasurer to make certain
payments of bills that must be paid and approved for payment in accordance with City proce-
dures was adopted.
RESOLUTION NO. 162-23
AUTHORIZING THE CHIEF FINANCIAL OFFICER / CITY TREASURER TO MAKE CER-
TAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT
IN ACCORDANCE WITH CITY PROCEDURES
Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that the
Finance Director-City Treasurer shall keep an accurate account of all disbursements, money,
or property, specifying date, to whom, and from what fund paid; and
Whereas, the invoices, presented by those firms and persons providing such goods and
services have been pre-audited by Finance Department personnel in accordance with gen-
erally accepted internal control procedures and have been determined to have been requisi-
tioned for a lawful municipal purpose; and
Whereas, the Chief Financial Officer-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 Chief Financial Officer-City Treasurer to issue checks
in payment of certain expenditures known as Exception Expenditures prior to City Council
approval and such list is attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Chief Financial Officer-City Treasurer is hereby authorized to issue payment
for goods and services provided for City purposes in response to the purchase orders and
contracts issued in compliance with state and municipal code requirements as requested by
designated requisitioning authorities in accordance with approved budget appropriations.
Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Chief Fi-
nancial Officer are hereby authorized and directed to provide the statement of receipts and
disbursements to the City Council, and to publish a summary thereof.
Passed, approved, and adopted this 5th day of June, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
5. Budget Amendment for Fiscal Year 2024 Sustainability Budget: City Manager recom-
mended City Council approve a Sustainability Budget Amendment for a Fiscal Year 2024
Sustainability Improvement Package for Energy Benchmarking to instead be applied to the
Iowa Initiative for Sustainable Communities participation fee. Upon motion the documents
were received, filed, and approved.
6. 2023 Dubuque Community Equity Profile: The Community Foundation of Greater Dubu-
que's 2023 Dubuque Community Equity Profile was provided. Upon motion the documents
were received and filed.
7. Crescent Community Health Center: Impact Report 2022: Upon motion the documents
were received and filed.
8. 2023-2024 Art on the River Exhibit Selections: City Manager recommended City Council
approval of the Arts & Cultural Affairs Advisory Commission’s recommendation for the 2023-
2024 Art on the River sculpture selections. Upon motion the documents were received, filed,
and approved.
9. American Public Works Association’s (APWA) Application for Voluntary Accreditation:
Upon motion the documents were received, filed, and approved.
10. Consumer Confidence Water Quality Report 2023: Upon motion the documents were
received and filed.
11. Dubuque Main Street's Housing Business Luncheon Information: City Manager pro-
vided a copy of the City of Dubuque handouts that were distributed at Dubuque Main Street's
Housing Business Luncheon featuring Iowa Finance Authority Director Debi Durham as the
Keynote Speaker. The event program was also included. Upon motion the documents were
received and filed.
12. Community Development Block Grant (CDBG) Subrecipient Agreement – Affordable
Housing Network, Inc. 90 Main Street HVAC Replacement: Upon motion the documents were
received and filed, and Resolution No. 163-23 Authorizing execution of CDBG Subrecipient
Agreement with Affordable Housing Network, Inc. was adopted.
RESOLUTION NO. 163-23
AUTHORIZING EXECUTION OF CDBG SUBRECIPIENT AGREEMENT WITH AFFORD-
ABLE HOUSING NETWORK, INC.
Whereas, the Affordable Housing Network, Inc. prepared a request to improve the quality
of existing affordable rental housing at 90 Main Street utilizing Community Development Block
Grant funds; and
Whereas, the City Council approved the CDBG Fiscal Year 2022/Program Year 2021
Amendment #2 budget that included an increased budget for AHNI Agreements to accom-
modate this request; and
Whereas, a Categorically Excluded Subject to Review with 24 CFR Part 58.5 Environmen-
tal Review has been completed, and no compliance or consultation with regulatory authorities
were found to be required; therefore, converting the project to exempt; and
Whereas, all services provided will be to a minimum of 51% low/moderate income resi-
dents, meeting the CDBG National Objective of Low/Mod-Income Housing benefit, and eligi-
ble activity of 14B: Rehab, Multi-Unit Residential.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the subrecipient agreement with Affordable Housing Network, Inc., begin-
ning no sooner than June 6, 2023 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 5th day of June 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
13. First Amendment to Community Development Block Grant CARES Act (CDBG-CV)
Subrecipient Agreement for Almost Home Rehabilitation: Upon motion the documents were
received and filed, and Resolution No. 164-23 Authorizing the First Amendment to the CDBG-
CV Subrecipient Agreement with Almost Home at St. John’s was adopted.
RESOLUTION NO. 164-23
AUTHORIZING THE FIRST AMENDMENT TO THE CDBG-CV SUBRECIPIENT AGREE-
MENT WITH ALMOST HOME AT ST. JOHN’S
Whereas, the City of Dubuque and Almost Home at St. John’s entered into a CDBG-CV
Subrecipient Agreement dated October 17, 2022 with respect to rehab the shelter to respond
to the COVID-19 pandemic; and
Whereas, the City Council approved the Iowa Economic Development Authority CDBG-
CV agreement with the City of Dubuque on December 21, 2020; 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, Almost Home at St. John’s will provide services to a majority low to moderate-
income individuals and serve a group primarily presumed to be LMI such as homeless per-
sons.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the First Amendment to the Subrecipient Agreement with Almost Home at
St. John’s 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 5th day of June 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
14. Signed Contract for 514 Angella Project: City Manager recommended City Council re-
ceive and file the signed contract for 514 Angella, which is currently under construction by the
Four Mound HEART programs. Approval authorizes payments to Four Mounds on a weekly
basis. Upon motion the documents were received, filed, and approved.
15. Landlord Incentives for Accepting Housing Assistance – Damage Protection Program
Ending: Upon motion the documents were received and filed.
16. 2023 Pavement Marking Project: Award Public Improvement Contract: Upon motion
the documents were received and filed, and Resolution No. 165-23 Awarding Public Improve-
ment Contract for the 2023 Pavement Marking Project was adopted.
RESOLUTION NO. 165-23
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE 2023 PAVEMENT MARKING
PROJECT
Whereas, sealed proposals have been submitted by contractors for the 2023 Pavement
Marking Project, (the Project) pursuant to Resolution No. 127-23 and Notice to Bidders pub-
lished on the City of Dubuque, Iowa website and plan room service with statewide circulation
on the 5th day of May 2023; and
Whereas, said sealed proposals were opened and read on the 18th day of May 2023 and
it has been determined that Ostrom Painting & Sandblasting, Inc. of Rock Island, IL submitted
low bid in the amount of $215,350.73., and is the lowest responsive, responsible bidder for
the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Ostrom Painting
& Sandblasting, Inc. and the City Manager is hereby directed to execute a Public Improve-
ment Contract on behalf of the City of Dubuque for the Project.
Passed, adopted, and approved this 5th day of June 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
17. Agreement with James B. Gansen and Mary L. Gansen – Relocating an Access Ease-
ment over City of Dubuque Property along Bellevue Heights Road: Upon motion the docu-
ments were received and filed, and Resolution No. 166-23 Approving an Agreement between
the City of Dubuque, Iowa, and James B. Gansen and Mary L. Gansen was adopted.
RESOLUTION NO. 166-23
APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND
JAMES B. GANSEN AND MARY L. GANSEN
Whereas, James B. Gansen and Mary L. Gansen (Gansen) are the owners of the property
legally described as:
Lot 2 JQ Acres No. 3, Dubuque County, Iowa, according to the recorded plat thereof
and as shown on Exhibit A (Gansen Property); and
Whereas, City is the owner of the property legally described as:
Lot 1 JQ Acres, Dubuque County, Iowa, according to the recorded plat thereof and as
shown on Exhibit A (City Property); and
Whereas, the Gansen Property has access to the public road and right of way of Bellevue
Heights Road over the City Property via an existing 66’ wide access easement as shown on
the final plat of JQ Acres filed as instrument number 2011-00007351 in the Office of the Dubu-
que County Recorder, attached as Exhibit A; and
Whereas, the Iowa DNR has inadvertently constructed several hiking trails related improve-
ments in the area of the existing access easement; and
Whereas, Gansen, after coordination with City and County Engineering staff, have relo-
cated their driveway improvements to not conflict with the City trail improvements and to con-
nect to Bellevue Heights Road at a safer location; and
Whereas, City and Gansen would like to enter into an agreement to relocate the access
easement in order to provide Gansen safer access to Bellevue Heights Road and resolve the
issues with the encroaching City trail improvements; and
Whereas, via the attached agreement, the parties have come to terms as set forth herein
for how to best effectuate the components of the easement relocation to maximize the bene-
fits to each party and the residents and visitors to Dubuque; and
Whereas, Gansen has executed the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Agreement attached hereto is hereby approved.
Section 2. The City Manager is authorized and directed to execute the Agreement on be-
half of the City of Dubuque.
Passed, approved, and adopted this 5th day of June 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, CMC City Clerk
18. City of Dubuque Municipal Separate Storm Sewer System (MS4) Inspection: City Man-
ager recommended City Council officially record the results of the Iowa Department of Natural
Resources (DNR’s) recent inspection of the City’s National Pollution Discharge Elimination
System (NPDES) Municipal Separate Storm Sewer System (MS4) permit compliance pro-
gram in the minutes of the City Council. Upon motion the documents were received, filed, and
made a matter of record.
19. Agreement with C Ellis Properties, LLC – Extending Existing Sidewalk on Miracle
League Drive to the Veterans Memorial Park Property: Upon motion the documents were
received and filed, and Resolution No. 167-23 Approving an Agreement between the City of
Dubuque, Iowa and C Ellis Properties, LLC was adopted.
RESOLUTION NO. 167-23
APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND C EL-
LIS PROPERTIES, LLC
Whereas, C Ellis Properties, LLC (CEP) is the owner of the property legally described as:
Lot 1 of Lot 9, Block 5, in “Scenic View Heights No. 2”, in the City of Dubuque, Iowa,
according to the recorded plat thereof
and as shown on Exhibit A (the Real Estate); and
Whereas, City is the owner of the abutting right-of-way known as Miracle League Drive as
shown on Exhibit A; and
Whereas, there is an existing sidewalk along the east side of Miracle League Drive that
terminates 100 feet south of the City-owned Veterans Memorial Park property as shown on
Exhibit A; and
Whereas, City wishes to extend the existing sidewalk on the east side of Miracle League
Drive to the Veterans Memorial Park property to provide a continuous sidewalk from Kane
Street for safe pedestrian access to the park (Sidewalk Project); and
Whereas, the existing access driveway to the Veterans Memorial Park encroaches onto
the CEP property and the Sidewalk Project improvements will encroach onto the CEP prop-
erty; and
Whereas, CEP is willing to grant a permanent access and sidewalk easement to the City
over the encroaching park driveway area and future Sidewalk Project area; and
Whereas, via the attached agreement, the parties have come to terms as set forth herein
for how to best effectuate the components of the Sidewalk Project to maximize the benefits
to each party and the residents and visitors to Dubuque; and
Whereas, CEP has executed the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Agreement attached hereto is hereby approved.
Section 2. The City Manager is authorized and directed to execute the Agreement on be-
half of the City of Dubuque.
Passed, approved, and adopted this 5th day of June 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
20. Acceptance of Lot A in Rustic Point Estates: Upon motion the documents were received
and filed, and Resolution No. 168-23 Accepting the dedication of Lot A of Rustic Point Estates,
in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 168-23
ACCEPTING THE DEDICATION OF LOT A OF RUSTIC POINT ESTATES, IN THE CITY
OF DUBUQUE, IOWA
Whereas, Lot A (Storm Water Detention), Lot B (Derby Grange Rd.), Lot C (John F. Ken-
nedy Road), Lot E (Barnwood Lane), Lot F (Wagon Wheel Lane), and Lot G (Sickle Lane) of
the Final Plat of Rustic Point Estates in the City of Dubuque, Iowa were dedicated by the
owner, Derby Grange, LLC to the public for the described purposes; and
Whereas, Pursuant to Resolution No. 266-17, Lot B (Derby Grange Rd.), Lot C (John F.
Kennedy Road), Lot E (Barnwood Lane), Lot F (Wagon Wheel Lane), and Lot G (Sickle Lane)
of the Final Plat of Rustic Point Estates in the City of Dubuque, Iowa were accepted by the
City of Dubuque for the described purposes.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque wishes to now accept the dedication of Lot A of the
Final Plat of Rustic Pointe Estates for the purposes of owning and maintaining the storm water
detention facilities on said Lot A.
Section 2. That the dedication of Lot A of the Final Plat of Rustic Point Estates in the City
of Dubuque, Iowa, is hereby accepted.
Passed, adopted, and approved this 5th day of June, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
21. English Lane Sanitary Replacement Project: Upon motion the documents were re-
ceived and filed, and Resolution No. 169-23 Accepting the English Lane Sanitary Reconstruc-
tion Project and authorizing the payment to the contractor was adopted.
RESOLUTION NO. 169-23
ACCEPTING THE ENGLISH LANE SANITARY RECONSTRUCTION PROJECT AND AU-
THORIZING THE PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the English Lane Sanitary Reconstruction
Project (the Project) has been completed by the Contractor, Offset Construction, LLC, (Con-
tractor), the City Engineer has examined the work and recommends that the Project be ac-
cepted; and
Whereas, the final contract amount for the Project is $67,155.76; and
Whereas, the Contractor has previously been paid $63,797.97, leaving a balance of
$3,357.79; 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
DUBUQUE, 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 $3,357.79 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 June 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, CMC City Clerk
22. Signed Contract(s): Dittmer Recycling, Inc. for the processing and marketing of recy-
clables; RDG Planning & Design, Inc. for the Grand River Center parking lot lighting design
and consulting services. Upon motion the documents were received and filed.
23. Improvement Contracts / Performance, Payment, and Maintenance Bonds: Offset
Construction, LLC for the St Anne & Avalon Intersection Reconstruction Project. Upon motion
the documents were received, filed, and approved.
24. Request for City Council Ratification of Five Amendments to current Collective Bargain-
ing Agreements: Upon motion the documents were received, filed, and approved.
25. Dubuque Jaycees Fireworks Permit: City Manager recommended City Council ap-
proval to issue a permit to the Dubuque Jaycees for a fireworks display on July 3, 2023. Upon
motion the documents were received, filed, and approved.
26. Dubuque Golf and Country Club Fireworks Permit: City Manager recommended City
Council approval to issue a permit to the Dubuque Golf and Country Club for a fireworks
display on July 4, 2023. Upon motion the documents were received, filed, and approved.
27. Dubuque Golf and Country Club Fireworks Request 2023: Correspondence from
Lance Marting, General Manager/CEO of Dubuque Golf and Country Club, requesting ap-
proval to conduct a fireworks display on Tuesday, July 4, 2023 at 9:30 p.m. on the Dubuque
Golf and Country Club grounds with a rain date of Wednesday, July 5, 2023. Upon motion
the documents were received, filed, and approved.
28. Adoption of Supplement Number 2023 S-10 to the City of Dubuque Code of Ordi-
nances: Upon motion the documents were received and filed, and Resolution No. 170-23
Adopting Supplement No. 2023 S-10 to the Code of Ordinances of the City of Dubuque, Iowa
was adopted.
RESOLUTION NO. 170-23
ADOPTING SUPPLEMENT NO. 2023 S-10 TO THE CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA
Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No. 43-
09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and
Whereas, since August 17, 2009, the City of Dubuque, Iowa has compiled supplements to
the Code of Ordinances consisting of all new ordinances and amendments to ordinances;
and
Whereas, Section 380.8 of the Code of Iowa provides that supplements, adopted by reso-
lution, become part of the Code of Ordinances; and
Whereas, Code Supplements are prepared by the American Legal Publishing of Cincin-
nati, Ohio and filed in the Office of the City Clerk of the City of Dubuque, Iowa.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Supplement No. 2023 S-10 to the City of Dubuque Code of Ordinances,
which codifies Ordinance Nos. 1-23 through 15-23 as approved by the City Council through
March 15, 2023, is hereby adopted, and becomes part of the Code of Ordinances of the City
of Dubuque, Iowa.
Passed, approved, and adopted this 5th day of June 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
29. Approval of Retail Alcohol Licenses and Tobacco, Alternative Nicotine, and Vapor
Product Permits: Upon motion the documents were received and filed, and Resolution No.
171-23 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; and Resolution No. 172-23 Approving applica-
tion(s) for retail permits to sell Tobacco, Tobacco Products, Alternative Nicotine Products, and
Vapor Products, as required by Iowa Code Chapter 453A.47A were adopted.
RESOLUTION NO. 171-23
APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY
CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REG-
ULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE
LICENSES 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
comply with the Ordinances of the City, and the applicants have filed the proper fees and
bonds and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued at the
noted premise address to the following applicants pending submission of the locally required
documentation:
New Applications
Canfield Hotel 36 West 4th St.
Kwik Star #495 2685 Dodge St.
The Grand Opera House 135 West 8th Street
Adding A Privilege
Bread and Vine Dubuque 168 East 10th St.
Whiskey River 1070 University Ave.
New Applications Provisional Issuances
Backpocket Dubuque 333 E 10th St.
Dubuque Jaycees –
Millwork Night Market 6-4-23 to 6-8-23
Between 7th and 9th Streets +8th St. be-
tween Jackson and Washington Sts.
Passed, approved, and adopted this 5th day of June 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
RESOLUTION NO. 172-23
APPROVING APPLICATIONS FOR RETAIL PERMITS TO SELL TOBACCO, TOBACCO
PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS, AND VAPOR PRODUCTS, AS RE-
QUIRED BY IOWA CODE §453A.47A
Whereas, applications for retail permits to sell tobacco, tobacco products, alternative nico-
tine products, vapor products, or a combination of these products have been submitted and
filed with the City Clerk; and
Whereas, the applicants have filed the proper application and fees as required by Iowa
Code §453A.47A; and
Whereas, the Iowa Department of Revenue requires all applications be approved by the
City Council; and
Whereas, all retail permits to sell tobacco, tobacco products, alternative nicotine products,
and vapor products shall expire on June 30 of each year, as established in Iowa Code
§453A.47A(7).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the fol-
lowing named applicants and locations for retail permits to sell one or more of the following
as specified on the retail permit applications: tobacco, tobacco products, alternative nicotine
products, and vapor products.
Effective from: June 5, 2023 to June 30, 2023
Business Name Business Address
Super Stop 3 2360 Central Ave.
Effective from: July 1, 2023 to June 30, 2024
Business Name Business Address
A and M Trading 1620 John F. Kennedy Rd.
Big 10 Mart #10 1875 John F. Kennedy Rd.
Big 10 Mart #11 3300 Asbury Rd.
Big 10 Mart #12 405 Rhomberg Ave.
Big 10 Mart #13 2100 John F. Kennedy Rd.
Botanicanna 555 John F. Kennedy Rd. Unit 558
BP Fuel 1450 Loras Blvd.
Casey's General Store #2420 2699 Rockdale Rd.
Casey's General Store #2421 4003 Peru Rd.
Casey's General Store #3473 1072 Cedar Cross Rd.
Diamond Jo Casino 301 Bell Street
Dollar General Store #10074 2440 Gateway Dr.
Dollar General Store #6896 605 West Locust St.
Dollar General Store #7289 3250 Kennedy Cir Ste 8
Dubuque Mining Co. 555 John F. Kennedy Rd. #600
Dubuque Tobacco and Grocery 1248 Iowa St.
Eagle Country Market 1800 Elm St.
EZ Stop 1 1101 Rhomberg Ave.
EZ Stop II 700 Rhomberg Ave.
Family Dollar #21599 2013 Central Ave. #4
Family Dollar #32889 2600 Dodge St. Suite B1
Fareway Stores #114 2050 John F. Kennedy Rd.
Fas Mart #5159 2175 Central Ave.
Hammerheads Bar and Billiards 2095 Kerper Blvd. Suite #2
Hartig Drug #2 157 Locust St.
Hartig Drug #3 2255 John F. Kennedy Rd.
Hartig Drug #4 2225 Central Ave.
Hartig Drug #8 1600 University Ave.
Hy-Vee #1 Fast & Fresh 3270 Dodge St.
Hy-Vee #1 Food Store 3500 Dodge St.
Hy-Vee #2 Fast and Fresh 2395 NW Arterial
Hy-Vee #2 Food Store 2395 NW Arterial
Hy-Vee #3 Fast and Fresh 300 South Locust St.
Hy-Vee #3 Food Store 400 South Locust St.
Hy-Vee Wine & Spirits #1 3500 Dodge St.
Kwik Star #236 2035 John F. Kennedy Rd.
Kwik Star #495 2685 Dodge St.
Kwik Stop #300 1215 East 16th St.
Kwik Stop #325 1210 East 16th St.
Kwik Stop #48 3201 Central Ave.
Kwik Stop #58 3340 John F. Kennedy Rd.
Kwik Stop #72 2255 Kerper Blvd.
Kwik Stop #76 2320 Gateway Dr.
Kwik Stop #78 4039 Pennsylvania Ave.
Kwik Stop #84 2335 University Ave.
Kwik Stop #86 2150 Twin Valley Dr.
Liquor Tobacco & Gas 1401 Central Ave.
Liquor Tobacco and Grocery 1998 Jackson St.
Midwest Vapors 2600 Dodge St. Suite B4
Moondog Music 806 Wacker Dr. #120
Paro Food Mart 3200 Central Ave.
Phillips 66/Arby's 10 South Main St.
Pioneer's Rest Stop 4900 Old Hwy Rd.
Port of Dubuque Marina 450 East Third St.
Q Casino 1855 Greyhound Park Dr.
Spencer Gifts, LLC 555 John F. Kennedy Rd.
Super Stop 3 2360 Central Ave.
Super Stop IV 535 Hill St. Suite A
The Altered State 1523 Central Ave.
The Great Vape 3250 Central Ave.
The Konnexion 1099 University Ave.
Tobacco Outlet Plus #504 806 Wacker Dr. Suite 140
Vapor City Outlet 3330 Asbury Rd.
Walgreens #11942 345 East 20th St.
Walgreens #6154 2260 John F. Kennedy Rd.
Walgreens #9708 55 John F. Kennedy Rd.
Walmart # 2004 4200 Dodge St.
Walnut Tap 709 University Ave.
Passed, approved, and adopted this 5th day of June 2023.
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.
Kerper Court and Kerper Boulevard Intersection Improvement Project: Upon motion the
documents were received and filed and Resolution No. 173-23 Kerper Court and Kerper
Boulevard Intersection Improvement 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; and ordering the advertisement for bids was adopted
setting a public hearing for a meeting to commence at 6:30 p.m. on June 20, 2023 in the
Historic Federal Building.
RESOLUTION NO. 173-23
KERPER COURT AND KERPER BOULEVARD INTERSECTION IMPROVEMENT PRO-
JECT: PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING
THE ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The proposed plans, specifications, form of contract and estimated cost for the
Kerper Court and Kerper Boulevard Intersection Improvement Project in the estimated
amount $1,327,497.00, are hereby preliminarily approved and ordered filed in the office of the
City Clerk for public inspection.
Section 2. A public hearing will be held on the 20th day of June, 2023, at 6:30 p.m. in the
Historic Federal Building Council Chambers (and/or by virtual means) 350 W. 6th Street,
Dubuque, Iowa, at which time interested persons may appear and be heard for or against the
proposed 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 Dubu-
que, 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 estimated cost of the
Project.
Section 3. The Kerper Court and Kerper Boulevard Intersection Improvement Project is
hereby ordered to be advertised for bids for construction.
Section 4. The amount of the security to accompany each bid shall be in an amount which
shall conform to the provisions of the Notice to Bidders hereby approved.
Section 5. The City Engineer is hereby directed to advertise for bids for the construction of
the improvements herein provided, by publishing the Notice to Bidders to be published on the
City of Dubuque website and a contractor plan room service with statewide circulation, which
notice shall be published not less than thirteen but not more than forty-five days before the
date for filing bids before 2:00 p.m. on the 22nd day of June 2023. Bids shall be opened and
read by the City Clerk at said time and will be submitted to the City Council for final action at
6:30 p.m. on the 5th day of July 2023, in the Historic Federal Building Council Chambers
(and/or by virtual means) 350 West 6th Street, Dubuque, Iowa.
Passed, adopted, and approved this the 5th day of June 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
2. West 1st Street Sanitary Repair Project - Initiate Public Improvement Bidding Process:
Upon motion the documents were received and filed and Resolution No. 174-23 W 1st Street
Sanitary Repair 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 June 20, 2023 in the Historic Federal Building.
RESOLUTION NO. 174-23
WEST 1ST STREET SANITARY REPAIR 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
DUBUQUE, IOWA:
Section 1 The proposed plans, specifications, form of contract and estimated cost for the
W 1st Street Sanitary Repair Project, in the estimated amount $221,497.00, are hereby pre-
liminarily approved and ordered filed in the office of the City Clerk for public inspection.
Section 2. A public hearing will be held on the 20th day of June 2023, at 6:30 p.m. in the
Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque,
Iowa, at which time interested persons may appear and be heard for or against the proposed
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 objec-
tions to the proposed plans, specifications, form of contract, or estimated cost of the Project.
Passed, approved, and adopted this 5th day of June 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
3. Grant of Easements to James B. Gansen and Mary L. Gansen, and Robert J. Flanagan
and Tina M. Flanagan: Upon motion the documents were received and filed and Resolution
No. 175-23 Intent to dispose of city interest by Grant of Easements for Access to James B.
Gansen and Mary L. Gansen, and Robert J. Flanagan and Tina M. Flanagan, across part of
Lot 1 of JQ Acres, Dubuque County, Iowa was adopted setting a public hearing for a meeting
to commence at 6:30 p.m. on June 20, 2023 in the Historic Federal Building.
RESOLUTION NO. 175-23
INTENT TO DISPOSE OF CITY INTEREST BY GRANT OF EASEMENTS FOR ACCESS
TO JAMES B. GANSEN AND MARY L. GANSEN, AND ROBERT J. FLANAGAN AND
TINA M. FLANAGAN, ACROSS PART OF LOT 1 OF JQ ACRES, DUBUQUE COUNTY,
IOWA
Whereas, James B. Gansen and Mary L. Gansen, and Robert J. Flanagan and Tina M.
Flanagan have each requested a “Grant of Easement” for access across Part of Lot 1 of JQ
Acres, Dubuque County, Iowa, for private driveway improvements; and
Whereas, Buesing and Associates has prepared and submitted to the City Council an ex-
hibit showing the easement area for the proposed private driveway improvements across Part
of Lot 1 of JQ Acres, Dubuque County, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to grant easements for private driveway im-
provements to James B. Gansen and Mary L. Gansen, and to Robert J. Flanagan and Tina
M. Flanagan. across Part of Lot 1 of JQ Acres, Dubuque County, Iowa, as shown on the
attached Exhibit A.
Section 2. That a public hearing on the intent to dispose of City interest by Grant of Ease-
ments for access to James B. Gansen and Mary L. Gansen, and to Robert J. Flanagan and
Tina M. Flanagan. across Part of Lot 1 of JQ Acres, Dubuque County, Iowa, is hereby set for
the 20th day of June 2023, at the Historic Federal Building (and/or by virtual means), 350 W.
6th Street, Dubuque, Iowa, beginning at 6:30 p.m., and the City Clerk be and is hereby au-
thorized and directed to cause a notice of public hearing on the intent to dispose of said inter-
est to be published in the manner as prescribed by law.
Passed, approved, and adopted this 5th day of June, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
4. Resolution Setting a Public Hearing on a Proposed Development Agreement between
the City of Dubuque and Switch Homes, LLC Providing for the Issuance of Urban Renewal
Tax Increment Revenue Grant Obligations Pursuant to the Development Agreement: Upon
motion the documents were received and filed and Resolution No. 176-23 Intent to approve
a Development Agreement between the City of Dubuque and Switch Homes, LLC including
the proposed reimbursement of Switch Homes, LLC for certain infrastructure improvements
as described in the Development Agreement by the issuance of Urban Renewal Tax Incre-
ment Revenue Grants, fixing the date for a public hearing of the City Council of the City of
Dubuque, Iowa, and providing for the publication of notice thereof was adopted setting a pub-
lic hearing for a meeting to commence at 6:30 p.m. on June 20, 2023 in the Historic Federal
Building.
RESOLUTION NO. 176-23
INTENT TO APPROVE A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
DUBUQUE AND SWITCH HOMES, LLC INCLUDING THE PROPOSED REIMBURSE-
MENT OF SWITCH HOMES, LLC FOR CERTAIN INFRASTRUCTURE IMPROVEMENTS
AS DESCRIBED IN THE DEVELOPMENT AGREEMENT BY THE ISSUANCE OF URBAN
RENEWAL TAX INCREMENT REVENUE GRANTS, FIXING THE DATE FOR A PUBLIC
HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AND PROVID-
ING FOR THE PUBLICATION OF NOTICE THEREOF
Whereas, the City of Dubuque and Switch Homes, LLC have entered into a Development
Agreement, subject to the approval of the City Council, pursuant to which Switch Homes, LLC
will cause certain infrastructure improvements to be constructed on and within Development
Property as described in the Agreement; and
Whereas, the City Council has tentatively determined that it would be in the best interests
of the City to approve the Development Agreement; and
Whereas, the Development Agreement provides for reimbursement of Switch Homes, LLC
by the issuance of Tax Increment Revenue Grants from the tax increment revenues collected
in respect of the improvements to be constructed in accordance with the Development Agree-
ment, for the purpose of carrying out the objectives of an Urban Renewal Plan as described
therein; and
Whereas, before said Tax Increment Revenue Grants may be approved, Chapter 403 of
the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time
and place of the meeting at which the City Council proposes to take action thereon and at
which meeting the City Council shall receive oral and/or written objections from any resident
or property owner of said City to such proposed action.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council intends to approve the proposed Development Agreement with
Switch Homes, LLC.
Section 2. The City Clerk is hereby authorized and directed to cause a notice to be pub-
lished as prescribed by Iowa Code Section 403.9 of a public hearing to be held on the 20th
day of June, 2023 at 6:30 p.m. in the City Council Chambers at the Historic Federal Building,
350 W. 6th Street, Dubuque, Iowa.
Section 3. The City Council will meet at said time and place for the purpose of taking action
on the matter of authorizing the execution of the Development Agreement with Switch Homes,
LLC, pursuant to and in accordance with the proposed Switch Homes Housing Urban Re-
newal Area, including but not limited to the funding of reimbursement for improvements by
the issuance of Tax Increment Revenue Grants under the terms and conditions of the Devel-
opment Agreement and said Urban Renewal Plan. It is expected that the aggregate amount
of the Tax Increment Revenue Grants will not exceed $4,091,173.
Section 4. 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.
Section 5. That the notice of the proposed action shall be in substantially the form attached
hereto.
Passed, approved, and adopted this 5th day of June, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
5. Resolution for the proposed Switch Homes Housing Urban Renewal Area: Upon motion
the documents were received and filed and Resolution No. 177-23 Resolution of necessity
finding that certain property designated as the Switch Homes Housing Urban Renewal Area
and described herein is an Economic Development Area and that the development of said
area is necessary in the interest of the residents of the City of Dubuque, Iowa, and setting a
date for hearing on a proposed Urban Renewal Plan for said area was adopted setting a
public hearing for a meeting to commence at 6:30 p.m. on July 5, 2023 in the Historic Federal
Building.
RESOLUTION NO. 177-23
RESOLUTION OF NECESSITY FINDING THAT CERTAIN PROPERTY DESIGNATED AS
THE SWITCH HOMES HOUSING URBAN RENEWAL AREA AND DESCRIBED HEREIN
IS AN ECONOMIC DEVELOPMENT AREA AND THAT THE DEVELOPMENT OF SAID
AREA IS NECESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY OF DUBU-
QUE, IOWA, AND SETTING A DATE FOR HEARING ON A PROPOSED URBAN RE-
NEWAL PLAN FOR SAID AREA
Whereas, a significant need for housing units exists in the City of Dubuque and local re-
sources are needed to advance the development of housing; and
Whereas, the City Council has determined that the area described in Attachment A and
Attachment B to this Resolution, designated as the Switch Homes Housing Urban Renewal
Area, meets the definition of an economic development area as defined in Chapter 403 “Ur-
ban Renewal” of the Iowa Code; and
Whereas, the City Council of the City of Dubuque has determined that the creation of the
Switch Homes Housing Urban Renewal Area will stimulate, through public involvement and
commitment, private investment in new housing and residential development as defined by
Iowa Code 403.17(12), as described in the Urban Renewal Plan; and
Whereas, Iowa Code Chapter 403 requires that before urban renewal authority may be
exercised, a City Council must adopt a resolution of necessity finding that the area in question
is a slum, blighted or economic development area, and that so designating such area is nec-
essary in the interest of the public health, safety, or welfare of the residents of the municipality.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the proposed Switch Homes Housing Urban Renewal Area, generally de-
scribed in Attachment A and Attachment B to this Resolution, is an economic development
area as defined by Chapter 403 of the Iowa Code, appropriate for public improvements re-
lated to housing and residential development and is appropriate for an urban renewal project.
Section 2. That the development of the Switch Homes Housing Urban Renewal Area is
necessary and appropriate to facilitate the proper growth and development of the community
in accordance with sound planning and local community objectives.
Section 3. That the development of Switch Homes Housing Urban Renewal Area will pro-
vide new opportunities for quality housing and job creation in the community.
Section 4. That the City Manager is authorized and directed to prepare an Urban Renewal
Plan for the Switch Homes Housing Urban Renewal Area, to forward said Plan to the City's
Long Range Planning Commission for review and comment, and to begin the consultation
process required by law with affected taxing entities.
Section 5. That the City Clerk is directed to publish notice of a public hearing on the
adoption of an Urban Renewal Plan for the Switch Homes Housing Urban Renewal Area to
be held on the 5th day of July, 2023, at 6:30 p.m. in the form attached hereto. The notice of
said hearing shall generally identify the areas covered by the proposed Urban Renewal Plan
and the general scope of the urban renewal activities planned for such areas and said notice
shall be published in a newspaper having general circulation within the City not less than four
days nor more than twenty days before the date of said meeting. A copy of the notice of public
hearing shall be sent by ordinary mail to the affected taxing entities.
Section 6. That the Economic Development Department is further directed to send by or-
dinary mail a copy of the proposed Urban Renewal Plan, the notice of public hearing, a notice
of consultation, and, to the extent the Urban Renewal Plan includes the use of tax increment
revenues for a public building, an analysis of alternative development and funding options for
such public buildings, to the Dubuque Community School District Board of Education and
Dubuque County Board of Supervisors, as the affected taxing entities.
Passed, approved, and adopted this 5th day of June, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
6. Set for Public Hearing - Weber Acres Voluntary Annexation Request: Upon motion the
documents were received and filed and Resolution No. 178-23 Setting a public hearing on an
application for voluntary annexation of territory to the City of Dubuque, Iowa was adopted
setting a public hearing for a meeting to commence at 6:30 p.m. on July 5, 2023 in the Historic
Federal Building.
RESOLUTION NO. 178-23
SETTING A PUBLIC HEARING ON AN APPLICATION FOR VOLUNTARY ANNEXATION
OF TERRITORY TO THE CITY OF DUBUQUE, IOWA
Whereas, the City Council of Dubuque has received a written application from the City of
Dubuque (applicant) in conjunction with the Iowa Department of Transportation (owner) for
the voluntary annexation of 4.56 acres of property. The property is comprised of public right-
of-way and industrially zoned land in Dubuque County as shown on Exhibit A and legally
described as:
All of Lot 2 of Weber Acres in Dubuque County, Iowa, as Originally Platted and Shown
on the Final Plat of Weber Acres, Dubuque County, Iowa, Per Instrument Number
11187-00 in the Dubuque County Recorder’s Office, Dated August 2, 2000, Containing
4.56 Acres, Which Includes 1.34 Acres of Existing Public Road Right of Way.
The intent of this description is to include all of said Lot 2 of Weber Acres as originally
platted, including that part of said Lot 2 of Weber Acres included in the Condemnation
Document per Instrument Number 18684-01 in the Dubuque County Recorder’s Of-
fice.
Whereas, the annexation territory is not subject to an existing annexation moratorium
agreement and does not include any railroad property; and
Whereas, the annexation territory does include State owned property; and
Whereas, Chapter 368.5 of the Code of Iowa allows the annexation of property owned by
the state of Iowa, provided the attorney general is served with notice of the hearing and a
copy of the proposal; and
Whereas, Chapter 368 of the Code of Iowa authorizes this annexation by adoption of a
resolution and required notification; and
Whereas, the annexation territory is consistent with the City’s Comprehensive Plan; and
Whereas, the future growth and development of the City of Dubuque, Iowa makes it desir-
able that the annexation territory be made part of the City of Dubuque, Iowa; and
Whereas, the City of Dubuque has the capacity to provide substantial municipal services
to the annexation territory; and
Whereas, the annexation is in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. A public hearing will be held on the 5th day of July 2023, at 6:30 p.m. in the
Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque,
Iowa, at which time interested persons may appear and be heard for or against the proposed
annexation, 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 fourteen days prior
to the date of such hearing.
Passed, approved, and adopted this 5th day of June 2023.
Brad Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
BOARDS/COMMISSIONS
Applications were reviewed for the following Boards and Commissions. Applicants were
invited to address the City Council regarding their desire to serve on the following
Boards/Commissions.
1. Board of Library Trustees: Two, 4-Year terms through July 1, 2027 (Expiring terms of
Lieberman and Mullin). Applicants: Victor Lieberman, 1575 Montrose Ter.; Pam Mullin, 2050
Mullin Rd. This commission is subject to the State of Iowa Gender Balance Law, §69.16A. 7
Commissioners total; currently 3 males/2 females/ 2 openings. Mr. Lieberman and Ms. Mullin
respectively spoke in support of their applications and provided a brief biography.
2. Cable Television Commission: Two, 3-Year terms through July 1, 2026 (Expiring terms
of Maloney and Tigges). Applicants: Pauline Maloney, 506 Saint George St.; Ronald Tigges,
4927 Wild Flower Dr.
3. Historic Preservation Commission: Two, 3-Year terms through July 1, 2026 (Expiring
Langworthy District term of Dement, and Licensed Architect term of Monk). Applicants: Thea
Dement, 375 Alpine St (Qualifies as Living within the Langworthy District); Christina Monk,
2770 Van Buren St. (Qualifies as a Licensed Architect). This commission is subject to the
State of Iowa Gender Balance Law, §69.16A. 9 Commissioners total; currently 4 males/2
females/ 3 openings. Ms. Dement spoke in support of her application and provided a brief
biography.
4. Long Range Planning Advisory Commission: One, 3-Year term through July 1, 2026
(Expiring term of Ward). Applicant: Mark Ward, 2758 Tiffany Ct. City Clerk Breitfelder stated
that Mr. Ward submitted written input in support of his application.
5. Park and Recreation Advisory Commission: Three, 3-Year terms through June 30, 2026
(Expiring terms of Axtell, Kennicker, and Ochoa). Applicants: Ron Axtell, 1895 Norland Dr.;
Ericson Hilbun, 1430 Oeth Ct.; Robin Kennicker, 2929 Elm St.; Jessica Ochoa, 1970 Hale
St.; Shirley Snow, 779 University Ave. Mr. Axtell, Ms. Kennicker, and Ms. Ochoa respectively
spoke in support of their applications and provided a brief biography. Ms. Kennicker concur-
rently spoke in support of her application to the Resilient Community Advisory Commission.
6. Resilient Community Advisory Commission: One Cross Representative whose term will
coincide with their term on the cross represented board or commission (Expiring Cross Rep-
resentative Member term of Kennicker). Applicants: Thea Dement, 375 Alpine St. - Current
member of Historic Preservation Commission – Term will expire on 7-1-26 if reappointed to
the Historic Preservation Commission at the 6-20-23 City Council meeting; Robin Kennicker,
2929 Elm St. - Current member of Park and Recreation Advisory Commission – Term will
expire on 6-30-26 if reappointed to the Parks and Recreation Advisory Commission at the 6-
20-23 City Council meeting. Two, 3-Year terms through July 1, 2026 (Expiring At-Large terms
of Chamberland and Jayawickrama). *Note: cross representative applicants who are not ap-
pointed to the cross- representative term are eligible for the at-large terms. Applicants: Joshua
Chamberland, 2145 Delaware St.; Thea Dement, 375 Alpine St.; Lalith Jayawickrama, 2360
Cherry St.; Robin Kennicker, 2929 Elm St.; Lori Ollendick, 1390 Oak Park Pl. Ms. Dement
spoke in support of her application.
7. Zoning Advisory Commission: Three, 3-Year terms through July 1, 2026 (Expiring terms
of Christ, Kemp, and Zuccaro). Applicants: Martha Christ, 88 Princeton Pl.; Carrie Lohrmann,
1840 Asbury Rd.; Teri Zuccaro, 1765 Plymouth Ct. This commission is subject to the State of
Iowa Gender Balance Law, §69.16A. 7 Commissioners total; currently 4 males/0 females/ 3
openings. Ms. Christ spoke in support of her application and provided a brief biography. City
Clerk Breitfelder stated that Ms. Zuccaro submitted written input in support of her application.
PUBLIC HEARINGS
Resolution of Adoption for the Proposed Amended and Restated Urban Renewal Plan for
the Greater Downtown Urban Renewal District, Version 2023.3: Motion by Farber to receive
and file the documents and adopt Resolution No. 179-23 Approving the Amended and Re-
stated Urban Renewal Plan for the Greater Downtown Urban Renewal District, Version
2023.3. Seconded by Wethal. Motion carried 7-0.
RESOLUTION NO. 179-23
APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE
GREATER DOWNTOWN URBAN RENEWAL DISTRICT, VERSION 2023.3
Whereas, by Resolution 130-23 on May 1, 2023, the City Council of the City of Dubuque,
Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the
"Amended and Restated Plan, Version 2023.3") for the Greater Downtown Urban Renewal
District (the "District"); and
Whereas, the City of Dubuque's primary objective for the Amended and Restated Plan,
Version 2023.3, is to provide opportunities which will further economic development purposes
and objectives and remediate blighting conditions, and to address these objectives, additional
projects are being added as described in the Amended and Restated Plan; and
Whereas, a consultation process has been undertaken with affected taxing entities in ac-
cordance with Chapter 403 of the Code of Iowa with no written objections or recommended
changes to the Amended and Restated Plan, Version 2023.3, received; and
Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held
a public hearing on the proposed Amended and Restated Plan, Version 2023.3.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Amended and Restated Urban Renewal Plan, Version 2023.3, for the
Greater Downtown Urban Renewal District, on file in the City Clerk's Office and made refer-
ence to herein, is hereby approved.
Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and di-
rected to file a certified copy of this Resolution in the office of the Dubuque County Auditor.
Passed, approved, and adopted this 5th day of June, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
2. Resolution of Adoption for the Amendment of the Dubuque Industrial Center Economic
Development District Urban Renewal Plan, Version 2023.3: Motion by Roussell to receive
and file the documents and adopt Resolution No. 180-23 Approving the Amended and Re-
stated Urban Renewal Plan, Version 2023.3 for the Dubuque Industrial Center Economic De-
velopment District. Seconded by Sprank. Motion carried 7-0.
RESOLUTION NO. 180-23
APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN, VERSION
2023.3 FOR THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DIS-
TRICT
Whereas, by Resolution 131-23 adopted on May 1, 2023, the City Council of the City of
Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal
Plan (the “Amended and Restated Urban Renewal Plan” or “Plan”) for the Dubuque Industrial
Center Economic Development District (the "District"); and
Whereas, the Amended and Restated Urban Renewal Plan for the District, Version 2023.3,
is on file in the City Clerk's Office; and
Whereas, the City Council’s primary objective for the Amended and Restated Urban Re-
newal Plan for the District is to expand the District by creating Subarea T and to add a project
to the Public Purpose Activities as shown in the Amended and Restated Urban Renewal Plan
Version 2023.3 to provide opportunities which will further economic development purposes
and objectives as described in the Plan; and
Whereas, a consultation process has been undertaken with affected taxing entities in ac-
cordance with Chapter 403 of the Code of Iowa and no written objections or recommended
changes to the Plan have been received; and
Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held
a public hearing on the Amended and Restated Urban Renewal Plan after public notice
thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Amended and Restated Urban Renewal Plan for the Dubuque Indus-
trial Center Economic Development District, Version 2023.3, is hereby approved.
Section 2. That a feasible method exists for the location of any families who will be dis-
placed from the District, as amended, into decent, safe and sanitary dwelling accommoda-
tions within their means and without undue hardship to such families; and that the Amended
and Restated Plan conforms to the general plan of the City as a whole. With respect to any
real property in the District acquired by the City in connection with the land and projects in-
cluded in the Plan, non-residential use is expected and with reference to those portions
thereof which are to be developed for non-residential uses, such non-residential uses are
necessary and appropriate to facilitate the proper growth and development of the City in ac-
cordance with sound planning standards and local community objectives.
Section 3. That the District, as amended, continues to be an area for economic develop-
ment (commercial and industrial) within the meaning of Iowa Code Chapter 403; that such
area is eligible for designation as an urban renewal area and otherwise meets all requisites
under the provisions of Iowa Code Chapter 403; and that the rehabilitation, conservation, re-
development, development, or a combination thereof, of such area is necessary in the interest
of the public health, safety or welfare of the residents of this City.
Section 4. That, notwithstanding any resolution, ordinance, plan, amendment, or any other
document, the Amended and Restated Plan shall be in full force and effect from the date of
this Resolution until the Council amends or repeals the Plan.
Section 5. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and di-
rected to file a certified copy of this Resolution in the office of the Dubuque County Auditor.
Passed, approved, and adopted this 5th day of June, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
3. Community Development Block Grant Fiscal Year 2023 Annual Action Plan Amendment
#2 Public Hearing: Motion by Jones to receive and file the documents and adopt Resolution
No. 181-23 Adopting the Fiscal Year 2023 (Program Year 2022) Community Development
Block Grant (CDBG) Annual Action Plan Amendment #2. Seconded by Roussell. Motion car-
ried 7-0.
RESOLUTION NO. 181-23
ADOPTING THE FISCAL YEAR 2023 (PROGRAM YEAR 2022) COMMUNITY DEVEL-
OPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN AMENDMENT #2
Whereas, the City of Dubuque, through a series of public meetings and hearings, proposed
a Fiscal Year 2023 (Program Year 2022) Community Development Block Grant Annual Ac-
tion Plan for inclusion in the City Budget addressing housing and non-housing needs in the
community; and
Whereas, the Community Development Advisory Commission reviewed the second
amendment to the Fiscal Year 2023 (Program Year 2022) Community Development Block
Grant Annual Action Plan; and
Whereas, all services provided will be to a minimum of 51% low/moderate income resi-
dents.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Community Development Block Grant Fiscal Year 2023 (Program Year
2022) Annual Action Plan Amendment #2, attached hereto and by this reference made a part
hereof, is hereby approved.
Section 2. The City Manager or his designee of the City of Dubuque is hereby authorized
to directed staff to prepare and submit to the United States Department of Housing and Urban
Development the Fiscal Year 2023 (Program Year 2022) Annual Action Plan Amendment #2
with all related documents, for the use of Community Development Block Grant funds based
on this adopted budget and execute standard contracts and agreements.
Passed, approved, and adopted this 5th day of June 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
4. Jule Public Hearing-Iowa Department of Transportation’s Consolidated Funding Appli-
cation: Motion by Roussell to receive and file the documents and adopt Resolution No. 182-
23 Authorizing Resolution: approval of Consolidated Funding Application to Iowa DOT. Se-
conded by Farber. Motion carried 7-0.
RESOLUTION NO. 182-23
AUTHORIZING RESOLUTION: APPROVAL OF CONSOLIDATED FUNDING APPLICA-
TION TO IOWA DOT
Whereas, the City of Dubuque provides fixed-route and paratransit services for the citizens
of Dubuque; and
Whereas, the Iowa Department of Transportation (IDOT) is a pass-through funding entity
for federal capital and operating funds; and
Whereas, the City of Dubuque has historically applied through the IDOT for these funds;
and
Whereas, pursuant to published notice, a public hearing was held on the proposed ap-
proval of the consolidated funding application on June 5, 2023, at 6:30 p.m. in the Historic
Federal Building, 350 W. 6th Street, Dubuque, Iowa; and
Whereas, the City Council finds that the applying for the funds to be beneficial to the con-
tinued provision of transit service for the citizens of Dubuque.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa hereby endorses the application
to the Iowa Department of Transportation, which includes a City match.
Section 2. The Iowa Department of Transportation application will include requests and
mandatory certifications by the City of Dubuque as follows:
From the State Transit Assistance Program: 2.02% of formula funds, Total: $337,216
From federal funds for transit in non-urbanized areas and/or for transit serving primarily
elderly persons and persons with disabilities: $79,816
We understand acceptance of federal transit assistance involves an agreement to comply
with certain labor protection provisions.
We certify that the City of Dubuque/The Jule has sufficient non -federal funds or sufficient
in-kind match to provide required local match for capital projects and at time of delivery
will have the funds to operate and maintain vehicles and equipm ent purchased under this
contract.
We request that State Transit Assistance formula funding be advanced as allowed by law,
to improve system cash flow.
Section 3. That Ryan Knuckey, Director of Transportation Services, is authorized to on
behalf of the City Council, to apply for financial assistance and to enter into related contract(s)
with the Iowa Department of Transportation.
Passed, adopted, and approved this 5th day of June 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
5. Public Hearing for Sale of City-Owned Property at 1559 Washington Street: Motion by
Jones to receive and file the documents and adopt Resolution No. 183-23 Disposing of city
interest in real property at 1559 Washington Street, in the City of Dubuque, Iowa. Seconded
by Sprank. Motion carried 7-0.
RESOLUTION NO. 183-23
DISPOSING OF CITY INTEREST IN REAL PROPERTY AT 1559 WASHINGTON
STREET, IN THE CITY OF DUBUQUE, IOWA
Whereas, the City Council, by Resolution No. 154-23, dated May 15, 2023, declared its
intent to dispose of City interest in real property located at 1559 Washington (the Property)
legally described as:
North ½ of Lot 79 in East Dubuque Addition in the City of Dubuque, Iowa, according to the
recorded plot thereof; and
Whereas, pursuant to published notice, a public hearing was held on the proposed dispo-
sition on June 5, 2023 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubu-
que, Iowa; and
Whereas, it is the determination of the City Council that approval of the purchase agree-
ment for the sale to RC Restoration LLC according to the terms and conditions set out in the
purchase agreement is in the public interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The purchase agreement by and between the City of Dubuque and RC Resto-
ration LLC for the sale of the Property, a copy attached hereto, is hereby approved.
Section 2. The Mayor and City Clerk are hereby authorized and directed to execute a Spe-
cial Warranty Deed, conveying the City’s interest in the Property to RC Restoration LLC.
Section 3. That the City Clerk is hereby authorized and directed to cause said Special War-
ranty Deed to be delivered to the City Attorney’s Office, together with a certified copy of the
Resolution.
Passed, approved, and adopted this 5th day of June 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
6. Old Highway Road Water Main Connection Loop 2023 Public Hearing: Motion by Sprank
to receive and file the documents and adopt Resolution No. 184-23 Approval of plans, speci-
fications, form of contract, and estimated cost for the Old Highway Road Water Main Connec-
tion Loop 2023. Seconded by Wethal. Motion carried 7-0.
RESOLUTION NO. 184-23
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE OLD HIGHWAY ROAD WATER MAIN CONNECTION LOOP 2023
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the proposed plans, specifications, form of contract and estimated cost for
the Old Highway Road Water Main Water Main Connection Loop 2023 in the amount of
$853,750.00, are hereby approved.
Passed, approved, and adopted this 5th day of June, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
PUBLIC INPUT
Skyi Lynne Shannon, 605 Bluff St. Room 103, provided input on experience with housing
discrimination and requested housing be made available for marginalized groups.
Shea Boxleiter, 501 Sunset Ridge; Anna Boxleiter, 501 Sunset Ridge; Amelia Boxleiter,
501 Sunset Ridge; Gabriella Roling, 640 Sunset Ridge; Carmella Seller, 1696 W 3rd St.;
Heather Clark, 755 S. Grandview; and Brooklyn Williams, 250 W 6th St., Apt 605, respectively
spoke about safety concerns for students crossing the street in front of Bryant Elementary
School and suggested that additional measures be implemented, such as signage and school
speed zones, near the school to increase student safety.
ACTION ITEMS
1. Greater Dubuque Development Corporation - Quarterly Update: Motion by Jones to re-
ceive 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 (GDDC). Mr. Dickinson suggested his quarterly presentation
occur after each quarter and was advised to work with city staff to change the future presen-
tation schedule. City Manager Van Milligen highlighted some of the recent accomplishments
of GDDC, including the Simmons warehouse groundbreaking and the McCoy Group’s pro-
posed land purchase for employee parking. City Council members commended GDDC’s
economic development efforts. Motion carried 7-0.
2. Smart Parking Mobility Management Plan Update: Motion by Roussell to receive and
file the documents and listen to the presentation. Seconded by Sprank. Director of Transpor-
tation Services Ryan Knuckey made a presentation on the Smart Parking & Mobility Manage-
ment Plan. Responding to a question from the City Council, Mr. Knuckey summarized the
next phases of the plan and stated that he intends to provide another update in late summer
of 2023. Motion carried 7-0.
3. AM/PM Commuter Route: Motion by Roussell to receive and file the documents and
approve extending the Jule AM/PM Commuter Route for an additional six months through
December 30, 2023. Seconded by Sprank. Responding to a question from the City Council,
City Manager Van Milligen stated that if City Council approves the extension, city staff will
approach employers to request they financially contribute to the route so that it remains free
for riders. Mr. Knuckey stated previous funding was divided between GDDC and the Trans-
portation Services Department, and that ridership fees would be $1.50 one-way if the depart-
ment had to start charging riders. Motion carried 7-0.
4. Amending Tax Increment Ordinance 10-23 for the Dubuque Industrial Center Economic
Development District, as amended by Version 2023.3 of the Amended and Restated Plan:
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 meet-
ing at which it is to be passed be suspended. Seconded by Farber. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 30-23 An ordinance
correcting and amending Ordinance No. 10-23, previously amended, providing that general
property taxes levied and collected each year on all property located within the Amended and
Restated Dubuque Industrial Center Economic Development District Urban Renewal Area of
the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of
Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other
taxing districts, be paid to a special fund for payment of principal and interest on loans, monies
advanced to and indebtedness, including bonds issued or to be issued, incurred by said city
in connection with the Amended and Restated Dubuque Industrial Center Economic Devel-
opment District Urban Renewal Redevelopment Project by adding Subarea T to the division
of revenues. Seconded by Farber. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 30-23
CORRECTING AND AMENDING ORDINANCE NO. 10-23, PREVIOUSLY AMENDED,
PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH
YEAR ON ALL PROPERTY LOCATED WITHIN THE AMENDED AND RESTATED
DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT URBAN RE-
NEWAL 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, INCLUD-
ING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION
WITH THE AMENDED AND RESTATED DUBUQUE INDUSTRIAL CENTER ECONOMIC
DEVELOPMENT DISTRICT URBAN RENEWAL REDEVELOPMENT PROJECT BY
ADDING SUBAREA T TO THE DIVISION OF REVENUES
Whereas, the Amended and Restated Urban Renewal Plan for the Dubuque Industrial
Center Economic Development District (the “District”) described in Resolution No. 130-88 was
adopted on May 2, 1988 and was thereafter amended and restated by Resolution No. 484-
90 on December 17, 1990, Resolution No. 142-97 on April 7, 1997, Resolution No. 478-97
on November 17, 1997, Resolution No. 15-08 on January 7, 2008, Resolution No. 101-08 on
March 17, 2008, Resolution No. 109-08 on April 7, 2008, Resolution No. 87-11 on March 7,
2011, Resolution No. 171-13 on June 3, 2013, Resolution No. 197-15 on June 1, 2015, Res-
olution No. 309-15 on September 8, 2015, Resolution No. 132-16 on September 19, 2016,
Resolution No. 157-18 and Resolution No. 158-18 on May 21, 2018, Resolution 380-18 on
December 17, 2018, Resolution 125-21 and Resolution 126-21 on April 19, 2021, Resolution
323-21 and Resolution 324-21 on September 20, 2021, Resolution 387-21 on November 1,
2021, Resolution 197-22 on May 16, 2022, by Resolution 289-22 on September 6, 2022, by
Resolution No. 290-22 on September 6, 2022, by Resolution 73-23 on March 20, 2023, by
Resolution 74-23 on March 20, 2023, and by Resolution 180-23 on June 5, 2023 (as
amended and restated, the “Urban Renewal Plan” or “Amended and Restated Urban Re-
newal Plan”); and
Whereas, the City Council of the City of Dubuque, Iowa originally provided for the division
of taxes pursuant to Section 403.19 of the Code of Iowa within the District in Ordinance No.
26-88 passed and approved on May 2, 1988 and thereafter amended and restated by Ordi-
nance No. 63-88 on December 5, 1988, by Ordinance No. 66-97 on November 17, 1997, by
Ordinance No. 70-08 on October 20, 2008, by Ordinance No. 10-14 on February 3, 2014, by
Ordinance No. 39-15 on June 1, 2015, by Ordinance No. 55-15 on September 8, 2015, by
Ordinance No. 49-16 on September 19, 2016, Ordinance 18-18 on May 21, 2018, by Ordi-
nance 45-18 on December 17, 2018, by Ordinance 15-21 and Ordinance 16-21 on April 19,
2021, by Ordinance 22-21 on June 7, 2021, by Ordinance 31-21 and Ordinance 32-21 on
September 20, 2021, by Ordinance 37-21 on November 1, 2022, by Ordinance 21-22 on May
16, 2022, by Ordinance 28-22 on September 6, 2022, by Ordinance 28-22A on November 7,
2022, by Ordinance 10-23 on March 20, 2023, and by Ordinance 30-23 on June 5, 2023; and
Whereas, indebtedness has been incurred by the City, and additional indebtedness is an-
ticipated to be incurred in the future, to finance urban renewal project activities within the Dis-
trict, and the continuing needs of redevelopment within the District are such as to require the
continued application of the incremental tax resources of the District; and
Whereas, the following enactment is necessary to accomplish the objectives described in
the premises.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Ordinance Number 10-23 is hereby amended to read as follows:
Section 1. Section 1 is amended to read as follows:
Section 1: For purposes of this Ordinance, the following terms shall have the following
meanings:
(a) Original Project Area means that portion of the City of Dubuque, Iowa described
in the Urban Renewal Plan for the District approved by Resolution No. 130-88 on
May 2, 1988, and subsequently amended by Resolution No. 484-90 on December
17, 1990, which Original Project Area includes the lots and parcels located within
the area now legally described as follows:
All of Dubuque Industrial Center Eighth Addition; and
All of Lot 1 Dubuque Industrial Center 13th Addition; and
Lot 2 Dubuque Industrial Center 13th Addition; and
Lot 1-2-2 Dubuque Industrial Center Fifth Addition; and
Lot 1 Dubuque Industrial Center Fifth Addition; and
Lot 1 Dubuque Industrial Center 11th Addition; and
Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and
Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and
Lot 1-3 Dubuque Industrial Center 12th Addition; and
Lot 1 of lot 3 of final plat of lot 1 of Dubuque Industrial Center First Addition; and
Lot 1 Dubuque Industrial Center 10th Addition; and
Lot 2-3 Dubuque Industrial Center 12th Addition; and
Lots 1 & 2 of final plat of lot 1 of Dubuque Industrial Center First Addition; and
Lot 1 Dubuque Industrial Center 12th Addition; and
Lot 2 Dubuque Industrial Center Ninth Addition; and
Lot 2 Dubuque Industrial Center 12th Addition; and
Lot 2-2 Dubuque Industrial Center Sixth Addition; and
Lot 3 Dubuque Industrial Center Ninth Addition; and
Lot 1 Dubuque Industrial Center Sixth Addition; and
Lot 2 of 2 Dubuque Industrial Center 7th Addition; and
Lot 2-1 Walter Addition; and
Lot 2-1 Walter Addition; and
And all adjoining public right-of-way, all in the City of Dubuque, Dubuque County,
Iowa.
The Original Project Area is referred to as "Subarea A" in the Urban Renewal Plan herein-
after described.
(b) Subarea B has been removed from the division of revenues by Ordinance 22-21
on June 7, 2021.
(c) Subarea C means that portion of the City of Dubuque, Iowa described as Subarea
C in the Amended and Restated Urban Renewal Plan for the District approved by
Resolution No. 289-22 on September 6, 2022, which Subarea C includes the lots
and parcels located within the area legally described as follows:
Lots 1 and 2 of Dubuque Industrial Center North Second Addition;
Lots 2, 3, C and A of Dubuque Industrial Center North First Addition, excepting
that Part of said Lot A originally platted as Lot 2 of the SW ¼ of the NW ¼ of
Sec. 30, T89N, R2E of the 5th PM; and
any adjoining public street right-of-way, all in the City of Dubuque, Dubuque
County, Iowa,
EXCEPT those lots and parcels included in Subarea K, those lots and parcels
included in Subarea O, and those lots and parcels included in Subarea R.
(d) Subarea D means that portion of the City of Dubuque, Iowa described as Subarea
D in the Amended and Restated Urban Renewal Plan for the District approved by
Resolution No. 109-08 on April 7, 2008, which Subarea D includes the lots and
parcels located within the area legally described as follows:
Lots 1, 2, and B and all of the right of way of Chavenelle Court in Dubuque In-
dustrial Center West 8th Addition in the City of Dubuque, Dubuque County,
Iowa.
(e) Subarea E means that portion of the City of Dubuque, Iowa described as Subarea
E in the Amended and Restated Urban Renewal Plan for the District approved by
Resolution No. 73-23 on March 20, 2023, which Subarea E includes the lots and
parcels located within the area legally described as follows:
All of Dubuque Industrial Center South First Addition in the City of Dubuque,
Iowa, except Lot 2 of Dubuque Industrial Center South First Addition in the City
of Dubuque, Iowa; and
All of Seippel Road right of way from the north boundary line of Lot 1 of 1 of
South Fork Subdivision No. 1 in the City of Dubuque, to the south boundary lines
of Lot H of Dubuque Industrial Center West and Lot 1 of Dubuque Industrial
Center West 2nd Addition in the City of Dubuque, Dubuque County, Iowa,
including crossings at the intersections of Old Highway Road and Chicago Cen-
tral & Pacific Railroad rights-of-way.
(f) Subarea F means that portion of the City of Dubuque, Iowa, and Dubuque County
described as Subarea F in the Amended and Restated Urban Renewal Plan for
the District approved by Resolution No. 197-15 on June 1, 2015, which Subarea F
includes the lots and parcels located within the area legally described as follows:
Lot one (1) of Graf Farm Subdivision #2, Dubuque County, Iowa, according to
the recorded plat thereof;
Lot 1 of Lot 1 of Lot 1 of Lot 1 of West One-half of Northeast One-quarter, Sec-
tion 25, Township 89 North, Range 1 East of the 5th Principal Meridian, in Center
Township, Dubuque County, Iowa;
Lot 2 in “W.A. Norman Place" in Section 25, Center Township, Dubuque County,
Iowa, according to the plat thereof; and
The NW 1/4 of the SE 1/4 of Section 25, Township 89 North, Range 1 East of
the 5th P.M., in Center Township, Dubuque County, Iowa.
(g) Subarea G means that portion of the City of Dubuque, Iowa, and Dubuque County
described as Subarea G in the Amended and Restated Urban Renewal Plan for
the District approved by Resolution No. 309-15 on September 8, 2015, which Sub-
area G includes the lots and parcels located within the area legally described as
follows:
The South one-half of the Northwest Quarter of Section 29, Township 89 North,
Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa.
Lot 1 of Lot 1 of the Northwest Quarter of the Northwest Quarter of Section 29,
Township 89 North, Range 2 East of the 5th Principal Meridian, in the City of
Dubuque, Iowa.
Lot 2 of McFadden Farm Place #2, in the City of Dubuque, Iowa.
Lot 2 of McFadden Farm Place, in the City of Dubuque, Iowa.
Lot A of Lot 1 of 1 of the Southwest Quarter of the Southwest Quarter of Section
29, Township 89 North, Range 2 East of the 5th Principal Meridian, in the City
of Dubuque, Iowa.
Lot A of Lot 1 of 1 of the Northwest Quarter of the Southwest Quarter of Section
29, Township 89 North, Range 2 East of the 5th Principal Meridian, in the City
of Dubuque, Iowa.
All in the City of Dubuque, Dubuque County, Iowa.
(h) Subarea H means that portion of the City of Dubuque, Iowa, and Dubuque County
described as Subarea H in the Amended and Restated Urban Renewal Plan for
the District approved by Resolution No. 332-16 on September 19, 2016, which
Subarea H includes the lots and parcels located within the area legally described
as follows:
Lot 1 of the Northeast ¼ of the Northeast ¼, and Lot 2 of Lot 1 of Lot 1 of Lot 2
of the Northeast ¼ of the Northeast ¼, of Section 30, in Township 89 North,
Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa.
(i) Subarea I means that portion of the City of Dubuque, Iowa, and Dubuque County
described as Subarea I in the Amended and Restated Urban Renewal Plan for the
District approved by Resolution No. 332-16 on September 19, 2016, which Sub-
area I includes the lots and parcels located within the area legally described as
follows:
Lot 2 Seippel Road Place #2, Dubuque County, Iowa.
Lot 2-1-1 of the Southeast Quarter of the Southeast Quarter of Section 25,
Township 89 North, Range 2 East of the 5th Principal Meridian, Dubuque
County, Iowa
(j) Subarea J means that portion of the City of Dubuque, Iowa, and Dubuque County
described as Subarea J in the Amended and Restated Urban Renewal Plan for
the District approved by Resolution No. 332-16 on September 19, 2016, which
Subarea J includes the lots and parcels located within the area legally described
as follows:
Lot 2 Julien Care Place, Dubuque County, Iowa.
Lot 3 Julien Care Place, Dubuque County, Iowa
Lot 2-1 Julien Care Place, Dubuque County, Iowa
(k) Subarea K means that portion of the City of Dubuque, Iowa, removed from Sub-
area C of the District by Version 2018.1 of the Amended and Restated Plan for the
District approved by Resolution No. 157-18, and added to the District by Version
2018.2 of the Amended and Restated Plan for the District approved by Resolution
No. 158-18 as Subarea K, all on May 21, 2018, which Subarea K includes the lots
and parcels located within the area legally described as follows:
Lot 1 of Dubuque Industrial Center North Third Addition, in the City of Dubuque,
Iowa.
(l) Subarea L means that portion of the City of Dubuque, Iowa described as Subarea
L in the Amended and Restated Urban Renewal Plan for the District approved by
Resolution 380-18 on December 17, 2018, which Subarea L includes the lots and
parcels located within the area legally described as follows:
Lot 1 of Loretta Bahl’s Homestead, in the City of Dubuque, Iowa, comprised of
Lot 1 of the West 30 Acres of the Southwest ¼ of the Southeast ¼, Section 19,
Township 89 North, Range 2 East of the 5th P.M. all in the City of Dubuque,
Dubuque County, Iowa.
(m) Subarea M means that portion of the City of Dubuque, Iowa described as Sub-
area M in the Amended and Restated Urban Renewal Plan for the District ap-
proved by Resolution 380-18 on December 17, 2018, which Subarea M includes
the lots and parcels located within the area legally described as follows:
Lot 2 of the Subdivision of Lot 2 of the Northeast ¼ of the Northeast ¼ of Section
30, Township 89 North, Range 2 East of the 5th P.M. all in the City of Dubuque,
Dubuque County, Iowa.
(n) Subarea N means that portion of the City of Dubuque, Iowa described as Subarea
N in the Amended and Restated Urban Renewal Plan for the District approved by
Resolution 126-21 on April 19, 2021, which Subarea N includes the lots and par-
cels located within the area legally described as follows:
Lot 1 of Dubuque Industrial Center North First Addition, in the City of Dubuque,
Iowa; and
All of the street right of way of Innovation Drive adjacent to Lot 1 of Dubuque
Industrial Center North First Addition, in the City of Dubuque, Iowa.
All in the City of Dubuque, Iowa
(o) Subarea O means that portion of the City of Dubuque, Iowa removed from Sub-
area C and now described as Subarea O in the Amended and Restated Urban
Renewal Plan for the District approved by Resolution 324-21 on September 20,
2021, which Subarea O includes the lots and parcels located within the area legally
described as follows:
Lot 2 of Dubuque Industrial Center North Third Addition, in the City of Dubuque,
Iowa; and
A Part of Lot C in Dubuque Industrial Center North First Addition in the City of
Dubuque, Iowa, being more particularly described as follows:
Commencing at the northwest corner of Lot 1 in Dubuque Industrial Center
North Second Addition in the City of Dubuque, Iowa;
Thence North 87 degrees 35 minutes 13 seconds East along the north line of
said Lot 1, 65.47 feet to the Point of Beginning;
Thence North 87 degrees 35 minutes 13 seconds East continuing along said
north line of Lot 1, 467.29 feet;
Thence South 82 degrees 04 minutes 06 seconds East continuing along said
north line of Lot 1, 212.63 feet;
Thence North 19 degrees 12 minutes 36 seconds East, 433.37 feet, to a point
on the easterly line of Lot 2 in Dubuque Industrial Center North Third Addition in
the City of Dubuque, Iowa;
Thence North 90 degrees 00 minutes 00 seconds West, 231.12 feet;
Thence North 60 degrees 11 minutes 47 seconds West, 280.07 feet;
Thence North 51 degrees 38 minutes 25 seconds West, 318.12 feet;
Thence South 57 degrees 28 minutes 14 seconds West, 86.87 feet;
Thence South 18 degrees 59 minutes 51 seconds East, 140.84 feet;
Thence South 51 degrees 57 minutes 52 seconds East, 101.08 feet;
Thence South 01 degree 57 minutes 06 seconds East, 108.09 feet;
Thence South 33 degrees 59 minutes 54 seconds East, 90.10 feet;
Thence South 44 degrees 57 minutes 34 seconds East, 130.53 feet;
Thence South 12 degrees 19 minutes 12 seconds West, 171.97 feet;
Thence South 87 degrees 35 minutes 13 seconds West, 260.33 feet;
Thence South 02 degrees 35 minutes 19 seconds East, 40.00 feet, to the Point
of Beginning, said part of Lot C contains 6.59 acres, more or less; All in the City
of Dubuque, Iowa
(p) Subarea P means that portion of Dubuque County and the City of Dubuque, Iowa
described as Subarea P in the Amended and Restated Urban Renewal Plan for
the District approved by Resolution 387-21 on November 1, 2021, which Subarea
P includes the lots and parcels located within the area legally described as follows:
Lot 2 of Wertzberger Acres No. 3, in Table Mound Township, Dubuque County,
Iowa, according to the recorded Plat thereof; and
The Southwest 1/4 of the Northeast 1/4, Lot 1 of the Northwest 1/4 of the North-
east 1/4, Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4, and Lot 2 of the
Southeast 1/4 of the Northeast 1/4, in Section 14, Township 88 North, Range 2
East of the 5th P.M., in Dubuque County, Iowa, according to United States Gov-
ernment Survey and the recorded Plats thereof, excepting therefrom that land
acquired for highway right of way by the Iowa Department of Transportation
known as Lot A of Lot 1 of the Northwest 1/4 of the Northeast 1/4 and of Lot 1
of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the Southeast
1/4 of the Northeast 1/4, all in Section 14, Township 88 North, Range 2 East of
the 5th P.M., County of Dubuque, State of Iowa, containing 11.95 acres and as
shown and described in the Warranty Deed filed as Instrument Number 2010-
00003964 in the Dubuque County Recorder’s Office, and excepting therefrom
that land acquired for highway right of way by the Iowa Department of Transpor-
tation known as Lot B of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4
and of Lot 2 of the Southeast 1/4 of the Northeast 1/4, all in Section 14, Township
88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, con-
taining 0.62 acres and as shown and described in the Warranty Deed filed as
Instrument Number 2011-00011776 in the Dubuque County Recorder’s Office;
and
All that land acquired for highway right of way by the Iowa Department of Trans-
portation known as Lot A of Lot 1 of the Northwest 1/4 of the Northeast 1/4 and
of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the
Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North, Range
2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 11.95 acres
and as shown and described in the warranty deed filed as instrument number
2010-00003964 in the Dubuque County Recorder’s Office, and
All that land acquired for highway right of way by the Iowa Department of Trans-
portation known as Lot B of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast
1/4 and of Lot 2 of the Southeast 1/4 of the Northeast 1/4, all in Section 14,
Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of
Iowa, containing 0.62 acres and as shown and described in the warranty deed
filed as instrument number 2011-00011776 in the Dubuque County Recorder’s
Office; and
All that land acquired for highway right of way by the Iowa Department of Trans-
portation known as Lot A of Lot 2 of the Southwest 1/4 of the Northwest 1/4, all
in Section 13, Township 88 North, Range 2 East of the 5th P.M., County of
Dubuque, State of Iowa, containing 7.50 acres and as shown and described in
the warranty deed filed as instrument number 2010-00007163 in the Dubuque
County Recorder’s Office; and
A part of that land acquired for highway right of way by the Iowa Department of
Transportation known as Lot A of Lot 2 of 3 of Archdiocese Place No. 2 at Key
West in Section 11, Township 88 North, Range 2 East of the 5th P.M., County
of Dubuque and of Lot 2 of the Northwest 1/4 of the Northeast 1/4 and of Lot 2
of 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 1 of the Southeast Quar-
ter of the Northeast Quarter, all in Section 14, Township 88 North, Range 2 East
of the 5th P.M., County of Dubuque, State of Iowa, containing 51.12 acres and
as shown and described in the warranty deed filed as instrument number 2011-
00018392 in the Dubuque County Recorder’s Office, more particularly de-
scribed as follows:
Commencing at the east 1/4 corner of said section 14; thence south 87° (de-
grees) 30' (minutes) 08" (seconds) west (assumed bearing for the purpose of
this description) on the south line of the northeast 1/4 of said section 14, a dis-
tance of 316.67 feet to the southeast corner of said lot 1 of the southeast 1/4 of
the northeast 1/4 which is on the present northwesterly right-of-way line of U.S.
highway 61, being the point of beginning of the area herein described; thence
continuing south 87°30'08" west on said south line, also being the south line of
said lot 1 of the southeast 1/4 of the northeast 1/4, a distance of 744.37 feet to
the west line of said lot 1 of the southeast 1/4 of the northeast 1/4; thence north
01°46'59" west on said west line, 365.46 feet; thence north 02°36'29" west on
said west line, 258.32 feet to the northwesterly line of said lot 1 of the southeast
1/4 of the northeast 1/4; thence north 15°33'01" east on said northwesterly line,
189.90 feet; thence north 20°16'31" east on said northwesterly line, 100.25 feet;
thence north 31°16'30" east on said northwesterly line, 371.74 feet; thence north
51°35'55" east on said northwesterly line, 46.89 feet; thence north 26°34'03"
east on said northwesterly line, 112.65 feet to the northwest corner of said lot 1
of the southeast 1/4 of the northeast 1/4, also being the southwest corner of said
lot 2 of 1 of the northeast 1/4 of the northeast 1/4; thence north 35°25'51" east
on the westerly and southwesterly line of said lot 2 of 1 of the northeast 1/4 of
the northeast 1/4, a distance of 200.90 feet; thence north 01°11'53" west on said
westerly and southwesterly line, 284.09 feet; thence north 51°36'20" west on
said westerly and southwesterly line, 173.35 feet; thence south 73°41'30" east
a distance of 115.82 feet; thence south 48°36'34" east on the northeasterly line
of said lot 2 of 1 of the northeast 1/4 of the northeast 1/4, 759.07 feet to the
southeast corner of said lot 2 of 1 of the northeast 1/4 of the northeast 1/4, also
being the northeast corner of said lot 1 of the southeast 1/4 of the northeast 1/4;
thence south 02°41'19" east on the easterly line of said lot 1 of the southeast 1/4
of the northeast 1/4, a distance of 954.91 feet to the present northwesterly right-
of-way line of U.S. highway 61; thence south 38°00'39” west on said northwest-
erly right-of-way line, 485.62 feet to the point of beginning, containing 31.49
acres, more or less; and
An 80-foot-wide strip of land in the Southeast Half of Section 31, Township 89
North, Range 2 East, The Southwest Quarter of Section 32, Township 89 North,
Range 2 East, the North Half of Section 5, Township 88 North, Range 2 East,
the Northwest, Northeast, and Southeast Quarters of Section 4, Township 88
North, Range 2 East, the South Half of Section 3, Township 88 North, Range 2
East, the Southwest Quarter of Section 2, Township 88 North, Range 2 East,
the Northwest, Northeast, and Southeast Quarters of Section 11, Township 88
North, Range 2 East, and the Northeast Quarter of Section 14, Township 88
North, Range 2 East, of the Fifth Principal Meridian, centered on the following
described line:
Commencing at the Southeast Corner of Lot B, Dubuque Industrial Center
South First Addition, in the City of Dubuque, Dubuque County, Iowa (Record
Doc. #2014-1397), at the Northerly Right-of-Way of Seippel Road; thence South
35°44’18” East (Record North 35°52’10” West) along the East Line of said First
Addition, 11.13 feet; thence South 10°51’45” East, 40.00 feet to the centerline of
Seippel Road, the Point of Beginning; thence North 79°08’15” East along said
centerline, 1004.09 feet; thence Easterly along the centerline of U. S. Highway
52 and the extension thereof an arc length of 880.50 feet along a 1,200.00 foot
radius curve being concave southerly, having a long chord of South 79°50’32”
East, 860.88 feet; thence South 58°49’18” East along said centerline of U. S.
Highway 52, 2,489.33 feet; thence Southeasterly along said centerline of U. S.
Highway 52 an arc length of 3,363.36 feet along a 12,000.00 foot radius curve
being concave Northeasterly, having a long chord of South 66°51’04” East,
3,352.36 feet; thence South 74°52’50” East along said centerline of U. S. High-
way 52, 1318.07 feet; thence Southeasterly along said centerline of U. S. High-
way 52 an arc length of 1,569.39 feet along a 12,000.00 foot radius curve being
concave Southwesterly, having a long chord of South 71°08’02” East, 1,568.27
feet; thence South 67°23’15” East along said centerline of U. S. Highway 52,
1093.39 feet; thence Southeasterly along said centerline of U. S. Highway 52
an arc length of 1,414.18 feet along a 23,000.00 foot radius curve being concave
Southwesterly, having a long chord of South 65°37’33” East, 1,413.95 feet;
thence South 63°51’52” East along said centerline of U. S. Highway 52, 947.44
feet; thence Southeasterly along said centerline of U. S. Highway 52 an arc
length of 1,134.73 feet along a 8,000.00 foot radius curve being concave North-
easterly, having a long chord of South 67°55’41” East, 1,133.78 feet; thence
South 71°59’29” East along said centerline of U. S. Highway 52, 3,507.89 feet;
thence Southeasterly along said centerline of U. S. Highway 52 an arc length of
7,787.63 feet along a 7,500.00 foot radius curve being concave Southwesterly,
having a long chord of South 42°14’42” East, 7,442.46 feet; thence South
12°29’54” East along said centerline of U. S. Highway 52, 750.54 feet; thence
Southeasterly along said centerline of U. S. Highway 52 an arc length of 449.54
feet along a 4,000.00 foot radius curve being concave Northeasterly, having a
long chord of South 15°43’05” East, 449.31 feet, to the End Point, the sidelines
of said 80-foot-wide strip of land are to be shortened or lengthened to the
intersection of the easterly line of Dubuque Industrial Center South First Addi-
tion, in the City of Dubuque, Dubuque County, Iowa as recorded in Doc. #2014-
1397 and the intersection of the northerly line of Lot 1 and Lot 1 of 1 as recorded
in Doc. #2010-3964.
(q) Subarea Q means that portion of the City of Dubuque, Iowa described as Subarea
Q in the Amended and Restated Urban Renewal Plan for the District approved by
Resolution 197-22 on May 16, 2022, which Subarea Q includes the lots and par-
cels located within the area legally described as follows:
Lot 1-5 of Dubuque Industrial Center West 5th Addition in the City of Dubuque,
Iowa; All in the City of Dubuque, Iowa
(r) Subarea R means that portion of the City of Dubuque, Iowa described as Subarea
R in the Amended and Restated Urban Renewal Plan for the District approved by
Resolution 290-22A on November 7, 2022, which Subarea R includes the lots and
parcels located within the area legally described as follows:
Part of Lot 3 in the Dubuque Industrial Center North First Addition in the City of
Dubuque, Dubuque County, Iowa, Except Lot ‘A’ of Lot 3 in Dubuque Industrial
Center North First Addition in the City of Dubuque, Dubuque County, Iowa, de-
scribed as follows: Commencing at the southeast corner of said Lot 3; thence
N00°36’04”W, 364.16 feet along the east line of said Lot 3; thence S89°24’16”W,
502.28 feet along the outside face of the south wall of the existing building to the
point of beginning; thence S00°35’44”E, 37.00 feet; thence S89°24’16”W,
170.00 feet; thence N00°35’44”W, 32.00 feet; thence S89°24’16”W, 210.00 feet;
thence N00°35’44”W, 362.00 feet; thence N89°24’16”E, 255.00 feet to the nor-
therly extension of the outside face of the west wall of the existing building; then
S00°35’44”E, 357.00 feet along said face of the west wall of the southwest cor-
ner of the existing building; thence N89°24’16”E, 125.00 feet along the face of
the south wall of the existing building to the point of beginning, containing 2.258
acres; All in the City of Dubuque, Iowa.
(s) Subarea S means that portion of the City of Dubuque, Iowa described as Subarea
S in the Amended and Restated Urban Renewal Plan for the District approved by
Resolution 74-23 on March 20, 2023, which Subarea S includes the lots and par-
cels located within the area legally described as follows:
Lot 2 of Dubuque Industrial Center South First Addition in the City of Dubuque,
Iowa; All in the City of Dubuque, Iowa.
(t) Subarea T means that portion of the City of Dubuque, Iowa described as Subarea
T in the Amended and Restated Urban Renewal Plan for the District approved by
Resolution 180-23 on June 5, 2023, which Subarea T includes the lots and parcels
located within the area legally described as follows:
The East 10 Acres of the Southwest Quarter of the Southeast Quarter of Section
19, T88N, R2E, of the 5th P.M., Dubuque County, Iowa; All in the City of Dubu-
que, Iowa.
(u) Amended Project Area means that portion of the City of Dubuque, Iowa and Dubu-
que County included within the Original Project Area, Subarea C, Subarea D, Sub-
area E, Subarea F, Subarea G, Subarea H, Subarea I, Subarea J, Subarea K,
Subarea L, Subarea M, Subarea N, Subarea O, Subarea P, Subarea Q, Subarea
R, Subarea S, and Subarea T each as described in this Section.
Section 2. Section 3 is amended to read as follows:
Section 3: As to the Original Project Area, that portion of the taxes which would be produced
by the rate at which the tax is levied each year by or for each of the taxing districts taxing
property in the Original Project Area upon the total sum of the assessed value of the taxable
property in the Original Project Area as shown on the assessment roll as of January 1, 1987,
being the first day of the calendar year preceding the effective date of Ordinance No. 26-88,
shall be allocated to and when collected be paid into the fund for the respective taxing district
as taxes by or for said taxing district into which all other property taxes are paid. The taxes so
determined shall be referred herein as the "base period taxes" for such Subarea.
As to Subarea B, Subarea B has been removed from the division of revenues by
Ordinance 22-21. Subarea B will remain within the District.
As to Subarea C (except the lots and parcels now forming Subarea K and those lots
and parcels removed by Amended and Restated Urban Renewal Plan Version 2021.4
now forming Subarea O, and those lots and parcels removed by Ordinance 27-22, now
forming Subarea R), base period taxes shall be computed in the same manner using
the total assessed value shown on the assessment roll as of January 1, 2007, being the
assessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 70-08, and base values shall be re-
duced due to the removal of area from Subarea C.
As to Subarea D, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2007, being the
assessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 70-08.
As to Subarea E, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2013, being the
assessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 10-14.
As to Subarea F, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2014, being the
assessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 39-15.
As to Subarea G, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2014, being the
assessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 55-15.
As to Subarea H, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2015, being the
assessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 49-16.
As to Subarea I, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2015, being the
assessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 49-16.
As to Subarea J, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2015, being the
assessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 49-16.
As to Subarea K, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2017, being the
assessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 18-18.
As to Subarea L, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2017, being the
assessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 45-18.
As to Subarea M, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2017, being the
assessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 45-18.
As to Subarea N, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2020, being the
assessment roll applicable to property in such subarea as of January 1 of preceding the
effective date of Ordinance No. 16-21.
As to Subarea O, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2020, being the
assessment roll applicable to property in such subarea as of January 1 of preceding the
effective date of Ordinance 32-21.
As to Subarea P, Subarea P has been removed from the division of revenues by
Ordinance 21-22. Subarea P will remain within the District.
As to Subarea Q, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2021, being the
assessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 21-22.
As to Subarea R, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2021, being the
assessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 28-22-A.
As to Subarea S, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2022, being the
assessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 10-23.
As to Subarea T, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2022, being the
assessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of this Ordinance No. 30-23.
Section 3: This Ordinance shall be in effect after its final passage, approval and publication
as provided by law.
Passed and approved this 5th day of June, 2023.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on the 9th day of June, 2023.
/s/Adrienne N. Breitfelder, CMC, City Clerk
5. Trash Cart Exemption Program: Motion by Wethal to receive and file the documents and
approve the Trash Cart Exemption program and Trash Cart Exemption Form. Seconded by
Sprank. Responding to a question from the City Council, Assistant Public Works Director Ar-
ielle Swift stated that city staff reviewed comparable programs throughout the state and coun-
try and confirmed that they collected the same data that the city intends to collect to verify
eligibility for exemptions from trash cart use. Ms. Swift stated that physical limitations or terrain
would be considered eligible reasons for an exemption. City Council members commended
the program. Motion carried 7-0.
6. Consolidation of Police Department Divisions to the Historic Federal Building: Motion by
Sprank to receive and file the documents and approve moving the Police Department Divi-
sions of Community Oriented Policing (COP), School Resource Officer (SRO) and Critical
Incident Team (CIT) to a consolidated location in the Historic Federal Building and City Coun-
cil authorization the use of the Downtown Urban Renewal Rehabilitation Loan Repayment
Fund to fund up to $70,000 for the remodel of the identified rooms to accommodate the three
Police Department Divisions. Seconded by Jones. City Council members expressed support
for the consolidation, stating it illustrated efforts to implement an efficient process. Motion car-
ried 7-0.
7. Housing Programs and Incentives Brochure: Motion by Jones to receive and file the
documents. Seconded by Farber. City Council Members stressed the importance of promot-
ing the city’s housing programs and incentives and expressed enthusiasm that developers
were taking advantage of them. Motion carried 7-0.
8. Iowa Finance Authority (IFA) HOME Tenant-Based Rental Assistance (TBRA) Program
Application: Motion by Wethal to receive and file the documents and adopt Resolution No.
185-23 Authorizing the Mayor to execute an application for the Home Tenant Based Rental
Assistance Program and authorizing the Director of Housing and Community Development
and the City Manager to approve the application. Seconded by Jones. Responding to ques-
tions from the City Council, Housing and Community Development Director Alexis Steger
stated that the program will be administered in conjunction with city partners, including the
Department of Human Services (DHS), Veterans Affairs (VA), and area homeless shelters,
who will help identify eligible recipients. Ms. Steger stated that the city has applied for this
program before without being accepted, but that the city recently receiving a match from the
Community Foundation of Greater Dubuque will make the city’s current application more com-
petitive. Responding to a question about the city’s response to pan handling, Ms. Steger
stated that the city provides pan handlers a resource card with phone numbers and addresses
of various services. Motion carried 7-0.
RESOLUTION NO. 185-23
AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR THE HOME TEN-
ANT-BASED RENTAL ASSISTANCE PROGRAM AND AUTHORIZING THE DIRECTOR
OF HOUSING AND COMMUNITY DEVELOPMENT AND THE CITY MANAGER TO AP-
PROVE THE APPLICATION
Whereas, the Iowa Finance Authority has published the availability of the HOME Tenant-
Based Rental Assistance program; and
Whereas, the City of Dubuque proposes to use HOME Tenant-Based Rental Assistance
to pilot a rental deposit assistance program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE IOWA:
Section 1: That the Mayor is hereby authorized and directed to submit an application to the
Iowa Finance Authority (IFA) for the HOME Tenant-Based Rental Assistance program.
Section 2: That the Director of Housing and Community Development and the City Man-
ager are hereby authorized to approve the application that is submitted to IFA.
Section 3: That the City Manager is hereby authorized and directed to forward said appli-
cation and resulting standard executed contract to the respective agency in a timely fashion
and as required by the Iowa Finance Authority.
Passed, approved, and adopted this 5th day of June, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
9. Agreement with Chris Richard for Housing TIF incentives of $10,000 per Low-Income
Unit Created: Motion by Farber to receive and file the documents and adopt Resolution No.
186-23 Approving a Development Agreement by and between the City of Dubuque, Iowa and
CARich Properties LLC. providing for funding assistance through Housing Tax Increment
Financing in the amount of $110,000 for the development of 1706 Central Avenue. Seconded
by Sprank. Responding to a question from the City Council, City Manager Van Milligen sum-
marized how property taxes are allocated in TIF districts, stating that 60% of the property
taxes generated from the development assist in implementing the project, with the remaining
40% allocated to affordable housing in the community. Responding to a question from the
City Council, Ms. Steger stated that the developer must certify that housing rates are afforda-
ble and ensure their structures meet building codes. Motion carried 7-0.
RESOLUTION NO. 186-23
APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF
DUBUQUE, IOWA AND CARICH PROPERTIES LLC. PROVIDING FOR FUNDING AS-
SISTANCE THROUGH HOUSING TAX INCREMENT FINANCING IN THE AMOUNT OF
$110,000 FOR THE DEVELOPMENT OF 1706 CENTRAL AVENUE
Whereas, it is the determination of the City Council that approval of the Development
Agreement, for development of the Property at 1706 Central Avenue by CARich Properties
LLC according to the terms and conditions 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
DUBUQUE, IOWA:
Section 1. That the Development Agreement by and between the City of Dubuque and
CARich Properties, a copy of which is attached hereto, 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 5th day of June, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
10. Work Session Request: Economic Development: Motion by Jones to receive and file
the documents and schedule the work session for Monday, June 26, 2023, at 6:00 PM p.m.
Seconded by Wethal. Motion carried 7-0.
CLOSED SESSION
Motion by Jones to convene in closed session at 8:15 p.m. to discuss Purchase or Sale of
Real Estate – Chapter 21.5(1)(j) Code of Iowa. Seconded by Roussell. 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 10:20 p.m. stating that staff had been
given proper direction.
ADJOURNMENT
There being no further business, Mayor Cavanagh declared the meeting adjourned at
10:20 p.m.
/s/Adrienne N. Breitfelder, CMC, City Clerk