9 05 23 City Council Proceedings Official_RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on September 5, 2023
in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th
Street.
Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell,
Sprank; City Manager Van Milligen, City Attorney Brumwell
Mayor Cavanagh read the call and stated this is a regular session of the City Council
called for the purpose of conducting such business that may properly come before the
City Council.
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
1. Nathaniel and Charlotte Morgan Peace Week (September 4 -8): was accepted by
Ernestine Moss, Chris Happ-Olson, and Brian Hallstoos, on behalf of Nathaniel Morgan
Memorial Committee (NMMC)
2. Days of Peace and Nonviolence (September 6 to October 1): was accepted by
R.R.S. Stewart on behalf of Dubuque International Day of Peace Coordinating Commit-
tee
3. Childhood Cancer Awareness Month (September): was accepted by Mitchell
Schmitt, board member of Childrens Cancer Connection and childhood cancer survivor
and on behalf of Childrens Cancer Connection
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Farber. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council Proceedings of 8/1/23, 8/21/23,
8/22/23, 8/24/23; Proof of Publication of City Council Proceedings of 7/31/23, 8/7/23
Upon motion the documents were received and filed.
2. Expenses submitted for City Council Approval: Upon motion the documents were
received and filed, and Resolution No. 283-23 Authorizing the Chief Financial Of-
ficer/City Treasurer to make certain payments of bills that must be paid and approved
for payment in accordance with City procedures was adopted.
RESOLUTION NO. 283-23
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 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 disburse-
ments, money, or property, specifying date, to whom, and from what fund paid; and
Whereas, the invoices, presented by those firms and persons providing such goods
and services have been pre-audited by Finance Department personnel in accordance
with generally accepted internal control procedures and have been determined to have
been requisitioned for a lawful municipal purpose; and
Whereas, the Chief Financial Officer-City Treasurer has provided a list of Expendi-
tures 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
Financial 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 September, 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
Items 3 and 4. City Manager providing a copy of the September/October 2023 Issue
of City News Newsletter and the 2023 City Services Guide brochure. Upon motion the
documents were received and filed.
5. National Endowment for the Arts (NEA) Local Arts Agency (LAA) American Res-
cue Plan Act (ARPA) Creative Empowerment Subgrant Funding Recommendation for
Round 2. Upon motion the documents were received, filed, and concurred.
Items 6 to 13 - City Manager providing a copy of the City of Dubuque Employment
brochure; Employment and Empowerment Expo Flyer; Updated Local Housing Crea-
tion, Access, & Affordability Programs & Incentives Brochure ; Creating Housing Oppor-
tunities: New Housing Units Approved and/or Under Review – 2,029 Lots/Units; Carne-
gie-Stout Public Library Fall Program Guide Brochure; Fall 2023 "Let's Go!" Activities
Flyer; Multicultural Family Center section of Let's Go Activities Guide Fall 2023 bro-
chure; The Creation of a Neighborhood Association Toolkit. Upon motion the docu-
ments were received and filed.
14. Iowa Grocer's Association Fireworks Permit Request from J&M Displays, Inc for a
fireworks display on September 12, 2023, on the Riverwalk between the Star Brewery
and the Grand River Center. Upon motion the documents were received, filed, and ap-
proved.
15. 2024 Boating Infrastructure Tier 1 Grant Application Authorization to Submit
Grant Application to Assist with Funding to Perform Maintenance Dredging at Dubuque
Marina: Upon motion the documents were received and filed, and Resolution No. 284-
23 Authorizing the filing of a Grant Application with the U.S. Fish And Wildlife Service
and Iowa Department Of Natural Resources for the 2024 Boating Infrastructure Tier 1
Grant to assist with funding to perform maintenance dredging at Dubuque Marina was
adopted.
RESOLUTION NO. 284-23
AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE US FISH AND
WILDLIFE SERVICE AND IOWA DEPARTMENT OF NATURAL RECOURSES FOR
THE 2024 BOATING INFRASTRUCTURE TIER 1 GRANT TO ASSIST WITH FUND-
ING TO PERFORM MAINTENANCE DREDGING AT DUBUQUE MARINA
Whereas, the City completed river bottom bathometric surveys along the entire river-
front and developed a river and harbor bottom elevation model to identify shallows wa-
ter way locations at various river stages and evaluate potential dredging needs; and
Whereas, based on the river bottom contour elevations, a silted in area along Peosta
Channel at the entrance to Dubuque Marina was identified; and
Whereas, city staff met with Dubuque Marina to review the river bottom bathometric
survey contour maps, evaluate maintenance dredging needs, and prioritize mainte-
nance dredging locations based on current operational challenges for safe harbor ac-
cess for recreational and transient boat navigational access; and
Whereas, the City is proposing a 2-phase dredging project to support the local and
regional transient boating market; and
Whereas, the proposed 2-phase dredging project will provide adequate depth and
improved open waterway for safely navigating transient vessels. By dredging and creat-
ing the open waterway from the Peosta Channel to the marina transient docks, this will
create improved water flow and water circulation which will reduce the potential for fu-
ture sediment siltation within the proposed dredge location; and
Whereas, the proposed dredged open waterway will be more sustainable long -term
and will maximize the return on the investment of federal BIG funding with a long -term
solution in providing safe harbor access for daily and overnight transient boaters; and
Whereas, the City is seeking funding through the Sportfishing and Boating Safety Act
- Boating Infrastructure Grants (BIG) Program to assist with funding to perform mainte-
nance dredging at Dubuque Marina; and
Whereas, Dubuque Marina has provided a letter of support, and has agreed to con-
tribute the $100,000 (25%) local match grant funds required.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Section 1. The City is hereby authorized to file the grant application with the US Fish
and Wildlife Service and Iowa Department of Natural Recourses for the 2024 Boating
Infrastructure Tier 1 Grant to assist with funding to perform maintenance dredging at
Dubuque Marina.
Passed, approved, and adopted this 5th day of September 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
16. Fiscal Year 2024 Purchase of Services Grant Amendment and Reallocated
Agreement with St. Mark Youth Enrichment and St. John’s Almost Home and authorize
the Mayor to execute the agreements on behalf of the City. Upon motion the documents
were received, filed, and approved.
17. CDBG-CV Subrecipient Agreement for Credit Repair Program with Catholic Char-
ities and authorize the Mayor to execute the contract on behalf of the City. Upon motion
the documents were received and filed, and Resolution No. 285-23 Authorizing Execu-
tion of CDBG-CV Subrecipient Agreement with Catholic Charities was adopted.
RESOLUTION NO. 285-23
AUTHORIZING EXECUTION OF CDBG-CV SUBRECIPIENT AGREEMENT WITH
CATHOLIC CHARITIES
Whereas, the Catholic Charities has requested CDBG -CV assistance for a Credit
Repair Program 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, all services provided will be to a minimum of 51% low/moderate income
residents.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Subrecipient Agreement, beginning September 5, 2023, with
Catholic Charities 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 September 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
18. FY 24 Cooperative Agreement Proposal with the Iowa Civil Rights Commission
(ICRC) to assist local agencies in resolving discrimination complaints and to reduce
case backlogs without compromising quality or the integrity of the system. Upon motion
the documents were received, filed, and approved.
19. Accepting the Foothill Court Drain Tile Project 2023 and the authorizing payment
of the final contract amount of $63,325.52 to Temperley Excavating Company, Inc. of
East Dubuque, IL. Upon motion the documents were received and filed, and Resolution
No. 286-23 Accepting the Foothill Court Drain Tile Project 2023 and Authorizing the
Payment to the Contractor was adopted.
RESOLUTION NO. 286-23
ACCEPTING THE FOOTHILL COURT DRAIN TILE PROJECT 2023 AND AUTHORIZ-
ING THE PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the Foothill Court Drain Tile Project
2023 (the Project) has been completed by the Contractor, Temperley Excavating Com-
pany, Inc., (Contractor), the City Engineer has examined the work and recommends that
the Project be accepted; and
Whereas, the final contract amount for the Project is $63,325.52; and
Whereas, the Contractor has previously been paid $60,159.24, leaving a balance of
$3,166.28; 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 bal-
ance of the retainage of $3,166.28 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 September 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
20. Funding Agreement Between City and American Marine 2023 Maintenance
Dredging Project and hereby authorize the City Manager to execute said agreement .
Upon motion the documents were received and filed, and Resolution No. 287-23 Ap-
proving the Funding Agreement between the City of Dubuque and American Marine for
the 2023 Maintenance Dredging Project was adopted.
RESOLUTION NO. 287-23
APPROVING THE FUNDING AGREEMENT BETWEEN THE CITY OF DUBUQUE
AND AMERICAN MARINE FOR THE 2023 MAINTENANCE DREDGING PROJECT
Whereas, city staff met with American Marine to review the river bottom bathometric
survey contour maps, evaluate maintenance dredging needs, and prioritize mainte-
nance dredging locations based on current operational challenges for safe harbor ac-
cess for recreational and transient boat navigational access; and
Whereas, American Marine - Dubuque Yacht Basin requested and identified the loca-
tion to be dredged as part of the 2023 Maintenance Dredging Project; and
Whereas, per the Dubuque Yacht Basin Lease dated February 5, 1974, the City is
only responsible for performing maintenance dredging of Schmitt Harbor to a usable
depth for such purposes as are permitted by the Lease; and
Whereas, although the requested dredge area is outside the Schmitt Harbor location
referenced per the Lease, and outside the City’s obligation to maintain, staff believes it
is in the public best interests to perform maintenance dredging to create a safe open
waterway for navigating vessels from the Peosta Channel to and from the marina harbor
and transient docks; and
Whereas, American Marine has provided a letter of support dated August 1, 2023, for
the 2023 Maintenance Dredging Project, and has agreed to provide $100,000 towards
dredging at the Yacht Basin; and
Whereas, City and American Marine now desire to enter into a Funding Agreement to
perform maintenance dredging at the Dubuque Yacht Basin.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That said Funding Agreement between City and American Marine for the
partnership agreement to complete the 2023 Maintenance Dredging Project is hereby
approved.
Section 2. That the City Manager be authorized and directed to execute said Funding
Agreement between City and American Marine for the partnership agreement to com-
plete the 2023 Maintenance Dredging Project.
Passed, adopted, and approved this 5th day of September 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
21. Project Based Voucher Contract Renewal with The Rose of Dubuque : Upon mo-
tion the documents were received and filed, and Resolution No. 288-23 Authorizing the
Director of Housing and Community Development to execute a Renewal Contract
Agreement between the City of Dubuque and The Rose of Dubuque L.P. for the Project
Based Voucher Program and authorizing the Director of Housing and Community De-
velopment and the City Manager to approve the contract renewal was adopted.
RESOLUTION NO. 288-23
AUTHORIZING THE DIRECTOR OF HOUSING AND COMMUNITY DEVELOPMENT
TO EXECUTE A RENEWAL CONTRACT AGREEMENT BETWEEN THE CITY OF
DUBUQUE AND THE ROSE OF DUBUQUE L.P. FOR THE PROJECT BASED
VOUCHER PROGRAM AND AUTHORIZING THE DIRECTOR OF HOUSING AND
COMMUNITY DEVELOPMENT AND THE CITY MANAGER TO APPROVE THE
CONTRACT RENEWAL
Whereas, the U.S. Department of Housing and Urban Development supports a Pro-
ject Based Voucher Program as a component of the Housing Choice Voucher Program
requires a contract to be in place tied to specific project-based units; and
Whereas, the City of Dubuque originally entered into a contract with The Rose of
Dubuque L.P. in October 2012 for a ten-year term; and
Whereas, the City of Dubuque’s extended the contract with The Rose of Dubuque
L.P. for 17 PBV units and is due to expire 10/12/2023; and
Whereas, the City of Dubuque Housing & Community Development Department and
The Rose of Dubuque wish to renew the contract for the Project Based Vouchers for a
two-year term; and
Whereas, the City of Dubuque proposes to continue administering the Project Based
Voucher program at The Rose of Dubuque; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE IOWA:
Section 1: That the Director of Housing and Community Development is hereby au-
thorized and directed to execute a renewal contract for the Project Based Voucher pro-
gram; and
Section 2: That the Director of Housing and Community Development and the City
Manager are hereby authorized to approve the contract.
Passed, approved, and adopted this 5th day of September 2023.
Brad M Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
22. Acceptance Green Alley Retaining Wall Project for 2406, 2408, 2410 Queen
Street between Queen Street and Windsor Avenue CIP 5524000003 and authorize the
payment of the final contract amount of $70,379.25 to MDE, LLC DBA McDermott Ex-
cavating of Dubuque, IA. Upon motion the documents were received and filed, and
Resolution No. 289-23 Accepting the Green Alley Retaining Wall – 2406, 2408, 2410
Queen Street Between Queen Street and Windsor Avenue project and Authorizing the
Payment to the Contractor was adopted.
RESOLUTION NO. 289-23
ACCEPTING THE GREEN ALLEY RETAINING WALL – 2406, 2408, 2410 QUEEN
STREET BETWEEN QUEEN STREET AND WINDSOR AVENUE PROJECT AND
AUTHORIZING THE PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the Green Alley Retaining Wall – 2406,
2408, 2410 Queen Street Between Queen Street and Windsor Avenue Project (the Pro-
ject) has been completed by the Contractor, MDE, LLC DBA McDermott Excavating,
(Contractor), the City Engineer has examined the work and recommends that the Pro-
ject be accepted; and
Whereas, the final contract amount for the Project is $70,379.25; and
Whereas, the Contractor has previously been paid $66,448.75, leaving a balance of
$3,930.50; 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 bal-
ance of the retainage of $3,930.50 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 September 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
23. Civil Service Certified List for Police Officer; Upon motion the documents were
received, filed, and made a Matter of Record.
August 28, 2023
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position
of Police Officer was administered on August 12, 2023. We, The Civil Service Commis-
sion, hereby certify that the individuals listed in the attached spreadsheet have passed
the written examination administered on either March 11, 2023, May 6, 2023, or August
12, 2023, are using a valid transfer score, or are currently certified as an Iowa Law En-
forcement Officer and any vacancies for the position of Police Officer should be filled
from this list and that this list is good through March 12, 2024.
Police Officer
1. Dustin Allen, 2. Noah Altman, 3. Ser Jon Bennett, 4. Dustin Brant, 5. Daniel Brimmer
– Transfer Score, 6. Kaitlyn Frick, 7. Nathan Goodson-Gregg, 8. Ashley Hahnbaum –
Certified, 9. Sophia Hammond, 10. Brandon Hoey, 11. Sierra Hooper, 12. Marcus Leit-
zen, 13. Henry Nosek, 14. Noah Perry – Transfer Score, 15. Kenneth Schrader, 16.
Josh Vauthier – Transfer Score
Respectfully Submitted,
Civil Service Commissioner
24. Tobacco Compliance Civil Penalties for Tobacco License Holders – Dubuque To-
bacco & Grocery, 1248 Iowa St. and Pink Cloud Smoke Shop, 3301 Pennsylvania Ave.
Upon motion the documents were received, filed, and approved.
ITEMS SET FOR PUBLIC HEARING
Motion by Roussell to receive and file the documents, adopt the resolutions, and set
the public hearings as indicated. Seconded by Sprank. Motion carried 7-0.
1. Providing for the Issuance of Urban Renewal Tax Increment Revenue Grant Obli-
gations, Pursuant to the Development Agreement for Property located at 2901 Central
Ave. formally the Holy Ghost School, to Create 18 New Market -rate Rental Units by and
between the City of Dubuque, Iowa, and HG APT LLC : Upon motion the documents
were received and filed and Resolution No. 290-23 Fixing the date for a Public Hearing
of the City Council of the City of Dubuque, Iowa on a Development Agreement by and
between the City of Dubuque, Iowa, and HG APT LLC, Including the proposed issuance
of Urban Renewal Tax Increment Revenue Obligations relating thereto and providing for
the publication of notice thereof was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on September 18, 2023 in the Historic Federal Building.
RESOLUTION NO. 290-23
FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA ON A DEVELOPMENT AGREEMENT BY AND BETWEEN
THE CITY OF DUBUQUE, IOWA, AND HG APT LLC, INCLUDING THE PROPOSED
ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS
RELATING THERETO AND PROVIDING FOR THE PUBLICATION OF NOTICE
THEREOF
Whereas, City and HG APT LLC have entered into a Development Agreement, sub-
ject to the approval of the City Council, a copy of which is now on file at the Office of the
City Clerk, City Hall, 50 W. 13th Street, Dubuque, Iowa for the development of property
located at 2901 Central Avenue; and
Whereas, the City Council has tentatively determined that it would be in the best in-
terests of the City to approve the Development Agreement, with HG APT LLC; and
Whereas, it is deemed necessary and advisable that City should authorize Urban
Renewal Tax Increment Revenue obligations, as provided by Iowa Code Chapter 403
pursuant to the Development Agreement; and
Whereas, before said obligations may be approved, Iowa Code Chapter 403 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 proper-
ty 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 Clerk is hereby authorized and directed to cause a notice to be
published as prescribed by Iowa Code Section 403.9 of a public hearing on the City's
intent to authorize Urban Renewal Tax Increment Revenue obligations, to be held on
the 18th day of September, 2023, at 6:30 p.m. The official agenda will be posted on Fri-
day, September 15, 2023 and will contain listening, viewing, and public input options.
The City Council agenda can be accessed at
https://cityofdubuque.novusagenda.com/AgendaPublic/ or by contacting the City Clerk’s
Office at 563-589-4100, ctyclerk@cityofdubuque.org.
Section 2. The City Council will meet at said time and place for the purpose of taking
action on the matter of authorizing Urban Renewal Tax Increment Revenue obligations
and the execution of the Development Agreement relating thereto with HG APT LLC,
the proceeds of which obligations will be used to carry out certain of the special financ-
ing activities described in the Urban Renewal Plan for the Greater Downtown Urban
Renewal District, consisting of the funding of economic developments grants to HG APT
LLC pursuant to the Development Agreement. It is expected that the aggregate amount
of the Tax Increment Revenue obligations to be issued will be approximately $393,194.
Section 3. The 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, pub-
lished at least once weekly, and having general circulation in said City, said publication
to be not less than four days nor more than twenty days before the date of said meeting
on the issuance of said obligations.
Section 4. That the notice of the proposed action to issue said obligations shall be in
substantially the form attached hereto.
Passed, approved, and adopted this 5th day of September, 2023 .
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
2. Maus Lake Pumping Station Culvert Repair Project #5586500032 preliminarily ap-
proving the proposed plans, specifications, form of contract, and construction estimate
of $741,300. Upon motion the documents were received and filed and Resolution No.
291-23 The Maus Park Lake Pump Station Culvert Repair Project - Preliminary Approv-
al 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 com-
mence at 6:30 p.m. on September 18, 2023 in the Historic Federal Building.
RESOLUTION NO. 291-23
THE MAUS PARK LAKE PUMP STATION CULVERT REPAIR PROJECT - PRELIMI-
NARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ES-
TIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICA-
TIONS, 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 Maus Park Lake Pump Station Culvert Repair Project in the estimated amount
$586,000.00, 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 18th day of September, 2023, at 6:30
p.m. in the Historic Federal Building Council Chambers (second floor) 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 Dubuque, Iowa, which notice shall be published not less than
four days nor more than twenty days prior to the date of such hearing. At the hearing,
any interested person may appear and file objections to the proposed plans, specifica-
tions, form of contract, or estimated cost of the Project.
Section 3. The Maus Park Lake Pump Station Culvert Repair Project is hereby or-
dered 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 construc-
tion of the improvements herein provided, by publishing the Notice to Bidders to be pub-
lished 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 26th day of
September 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 2nd day of October
2023, in the Historic Federal Building Council Chambers (and/or by virtual means) 350
West 6th Street, Dubuque, Iowa.
Passed, approved, and adopted this 5th day of September 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
3. Proceedings for Public Hearing on the Issuance of Not to Exceed $1,000,000,
Sewer Revenue Capital Loan Notes (Interim Financing) State Revolving Funds, Plan-
ning and Design Loan Applications to fund the planning and design of the improvements
to various elements of the existing Cedar Street Lift Station, Terminal Street Lift Station,
and the associated FMs between the two and to the City's public wastewater treatment
facility. Upon motion the documents were received and filed and Resolution No. 292-23
To fix a date for a Public Hearing on Proposal to enter into a Sewer Revenue Loan and
Disbursement Agreement and to Borrow Money Thereunder in a Principal Amount Not
to Exceed $1,000,000 (Lift Stations) was adopted setting a public hearing for a meeting
to commence at 6:30 p.m. on September 18, 2023 in the Historic Federal Building.
RESOLUTION NO. 292-23
TO FIX A DATE FOR A PUBLIC HEARING ON PROPOSAL TO ENTER INTO A
SEWER REVENUE LOAN AND DISBURSEMENT AGREEMENT AND TO BORROW
MONEY THEREUNDER IN A PRINCIPAL AMOUNT NOT TO EXCEED $1,000,000
(LIFT STATIONS)
Whereas, the City of Dubuque (the “City”), in Dubuque County, State of Iowa, did
heretofore establish a Municipal Sanitary Sewer System (the “Utility”) in and for the City
which has continuously supplied sanitary sewer service in and to the City and its inhab-
itants since its establishment; and
Whereas, the management and control of the Utility are vested in the City Council
(the “Council”) and no board of trustees exists for this purpose; and
Whereas, pursuant to a prior resolution of the Council, the City has heretofore issued
sewer revenue bonds or notes as set forth on attached outstanding debt certificate and
a portion of which remains outstanding (the “Outstanding Indebtedness”); and
Whereas, pursuant to the resolutions relating to and authorizing the Outstanding In-
debtedness (the “Outstanding Bond Resolutions”) the City reserved the right to issue
additional obligations payable from the net revenues of the Utility and ranking on a pari-
ty with the Outstanding Indebtedness under the terms and conditions set forth in the
Outstanding Bond Resolutions; and
Whereas, the City now proposes to enter into a Sewer Revenue Loan and Disburse-
ment Agreement (the “Agreement”) and to borrow money thereunder in a principal
amount not to exceed $1,000,000, pursuant to the provisions of Section 384.24A of the
Code of Iowa, for the purpose of paying the cost, to that extent, of planning, designing
and constructing improvements and extensions to the Utility (the “Project”), and it is
necessary to fix a date of meeting of the Council at which it is proposed to take action to
enter into the Agreement and to give notice thereof as required by such law;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
Section 1. This City Council shall meet on September 18th, 2023, at 6:30 o’clock
p.m., at the Historic Federal Building, 350 W. 6th St, Second Floor Council Chambers,
at which time and place a hearing will be held and proceedings will be instituted, and
action taken to enter into the Agreement.
Section 2. The City Clerk is hereby directed to give notice of the proposed action on
the Agreement setting forth the amount and purpose thereof, the time when and place
where the said meeting will be held, by publication at least once, not less than four (4)
and not more than twenty (20) days before the meeting, in a legal newspaper which has
a general circulation in the City. The notice shall be in substantially the [provided] form.
Section 3. Pursuant to Section 1.150-2 of the Income Tax Regulations (the “Regula-
tions”) of the Internal Revenue Service, the City declares (a) that it intends to undertake
the Project which is reasonably estimated to cost approximately $1,000,000, (b) that
other than (i) expenditures to be paid or reimbursed from sources other than the issu-
ance of bonds, notes or other obligations (the “Bonds”), or (ii) expenditures made not
earlier than 60 days prior to the date of this Resolution or a previous intent resolution of
the City, or (iii) expenditures amounting to the lesser of $100,000 or 5% of the proceeds
of the Bonds, or (iv) expenditures constituting preliminary expenditures as defined in
Section 1.150-2(f)(2) of the Regulations, no expenditures for the Project have heretofore
been made by the City and no expenditures will be made by the City until after the date
of this Resolution or a prior intent resolution of the City, and (c) that the City reasonably
expects to reimburse the expenditures made for costs of the City out of the proceeds of
the Bonds. This declaration is a declaration of official intent adopted pursuant to Section
1.150-2 of the Regulations.
Section 4. All resolutions or parts of resolutions in conflict herewith are hereby re-
pealed to the extent of such conflict.
Section 5. This resolution shall be in full force and effect immediately upon its adop-
tion and approval, as provided by law.
Passed and approved September 5, 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
4. Proceedings for Public Hearing on the Issuance of Not to Exceed $430,000, Sewer
Revenue Capital Loan Notes (Interim Financing) State Revolving Funds, Planning and
Design Loan Applications to fund the planning and design of the improvements on Lau-
rel Street, on Grove Terrace, on Center Grove, and the inspection and condition as-
sessment of other aging sewer infrastructure. Upon motion the documents were re-
ceived and filed and Resolution No. 293-23 To fix a date for a Public Hearing on Pro-
posal to enter into a Sewer Revenue Loan and Disbursement Agreement and to Borrow
Money Thereunder in a Principal Amount Not to Exceed $430,000 (Grove) was adopted
setting a public hearing for a meeting to commence at 6:30 p.m. on September 18, 2023
in the Historic Federal Building.
RESOLUTION NO. 293-23
TO FIX A DATE FOR A PUBLIC HEARING ON PROPOSAL TO ENTER INTO A
SEWER REVENUE LOAN AND DISBURSEMENT AGREEMENT AND TO BORROW
MONEY THEREUNDER IN A PRINCIPAL AMOUNT NOT TO EXCEED $430,000
(GROVE)
Whereas, the City of Dubuque (the “City”), in Dubuque County, State of Iowa, did
heretofore establish a Municipal Sanitary Sewer System (the “Utility”) in and for the City
which has continuously supplied sanitary sewer service in and to the City and its inhab-
itants since its establishment; and
Whereas, the management and control of the Utility are vested in the City Council
(the “Council”) and no board of trustees exists for this purpose; and
Whereas, pursuant to prior resolutions of the Council, the City has heretofore issued
sewer revenue bonds or notes as set forth on attached outstanding debt certificate and
a portion of which remains outstanding (the “Outstanding Indebtedness”); and
Whereas, pursuant to the resolutions relating to and authorizing the Outstanding In-
debtedness (the “Outstanding Bond Resolutions”) the City reserved the right to issue
additional obligations payable from the net revenues of the Utility and ranking on a pari-
ty with the Outstanding Indebtedness under the terms and conditions set forth in the
Outstanding Bond Resolutions; and
Whereas, the City now proposes to enter into a Sewer Revenue Loan and Disburse-
ment Agreement (the “Agreement”) and to borrow money thereunder in a principal
amount not to exceed $430,000, pursuant to the provisions of Section 384.24A of the
Code of Iowa, for the purpose of paying the cost, to that extent, of planning, designing
and constructing improvements and extensions to the Utility (the “Project”), and it is
necessary to fix a date of meeting of the Council at which it is proposed to take action to
enter into the Agreement and to give notice thereof as required by such law .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
Section 1. This City Council shall meet on September 18th, 2023, at 6:30 o’clock
p.m., at the Historic Federal Building, 350 W. 6th St, Second Floor Council Chambers,
at which time and place a hearing will be held and proceedings will be instituted, and
action taken to enter into the Agreement.
Section 2. The City Clerk is hereby directed to give notice of the proposed action on
the Agreement setting forth the amount and purpose thereof, the time when and place
where the said meeting will be held, by publication at least once, not less than four (4)
and not more than twenty (20) days before the meeting, in a legal newspaper which has
a general circulation in the City. The notice shall be in substantially the [provided] form.
Section 3. Pursuant to Section 1.150-2 of the Income Tax Regulations (the “Regula-
tions”) of the Internal Revenue Service, the City declares (a) that it intends to undertake
the Project which is reasonably estimated to cost approximately $430,000, (b) that other
than (i) expenditures to be paid or reimbursed from sources other than the issuance of
bonds, notes or other obligations (the “Bonds”), or (ii) expenditures made not earlier
than 60 days prior to the date of this Resolution or a previous intent resolution of the
City, or (iii) expenditures amounting to the lesser of $100,000 or 5% of the proceeds of
the Bonds, or (iv) expenditures constituting preliminary expenditures as defined in Sec-
tion 1.150-2(f)(2) of the Regulations, no expenditures for the Project have heretofore
been made by the City and no expenditures will be made by the City until after the date
of this Resolution or a prior intent resolution of the City, and (c) that the City reasonably
expects to reimburse the expenditures made for costs of the City out of the proceeds of
the Bonds. This declaration is a declaration of official intent adopted pursuant to Section
1.150-2 of the Regulations.
Section 4. All resolutions or parts of resolutions in conflict herewith are hereby re-
pealed to the extent of such conflict.
Section 5. This resolution shall be in full force and effect immediately upon its adop-
tion and approval, as provided by law.
Passed and approved September 5, 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant 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. Equity and Human Rights Commission: One, 3-Year Term through January 1,
2024 (Vacant term of Herrion) and One, 3 -Year Term through January 1, 2025 (Vacant
term of Williams) Applicants: Michaela Freiburger, 1718 Diane Crt.; David Heiar, 805
Carriage Hill Dr. This commission is subject to the State of Iowa Gender Balance Law,
§69.16A. 9 Commissioners total; currently 4 males /3 females /2 openings . Mr. Heiar
spoke in support of his application and provided a brief biography.
PUBLIC HEARINGS
1. Proposed Development Agreement by and between the City of Dubuque, Iowa,
and Farley & Loetscher, LLC Providing for the Issuance of Urban Renewal Tax Incre-
ment Revenue Grant Obligations Pursuant to the Development Agreement : Wendy
Hopp, 2193 Southway Dr., Gail Weitz, 1630 Lori Crt., Nino Erba, 180 West 15th St.,
Jaime Izaguirre 1394 Locust St, All spoke regarding the need for more low -income
housing in Dubuque. Rick Dickinson, 205 Hill St. spoke professionally and personally in
favor of this project. Matt Mulligan, 501 Bell St. – Developer – President of Conlan Con-
struction Spoke regarding his vision of the project and how this one project fits into the
overall housing need for the City Of Dubuque . Motion by Resnick to receive and file the
documents and adopt Resolution No. 294-23 Approving a Development Agreement by
and between the City of Dubuque, Iowa and Farley & Loetscher, LLC, including the is-
suance of Urban Tax Increment Revenue Obligations. Seconded by Jones. Motion car-
ried 7-0.
RESOLUTION NO. 294-23
APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF
DUBUQUE, IOWA AND FARLEY & LOETSCHER, LLC, INCLUDING THE ISSUANCE
OF URBAN TAX INCREMENT REVENUE OBLIGATIONS
Whereas, Farley & Loetscher, LLC is the owner of the property legally described as
follows:
City Lots 349A, 349, 350, 351, 352, 353, 374, 375, 376, 377, & 378 (the Property);
and
Whereas, the City Council, by Resolution No. 273-23, dated August 21, 2023, de-
clared its intent to enter into a Development Agreement by and between the City of
Dubuque, Iowa, and Farley & Loetscher, LLC, including the issuance of Urban Renewal
Tax Increment Revenue Obligations; and
Whereas, pursuant to published notice, a public hearing was held on the proposed
Development Agreement on September 5, 2023 at 6:30 p.m.; and
Whereas, it is the determination of the City Council that approval of the Development
Agreement for redevelopment of the Property by Farley & Loetscher, 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,
Iowa, and Farley & Loetscher, LLC, a copy of which is attached hereto, including the
issuance of Urban Renewal Tax Increment Revenue Obligations, is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Devel-
opment 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 September, 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
2. Development Agreement by and Between the City of Dubuque, Iowa and Chad-
wick Block, LLC providing for the issuance of Urban Renewal Tax Increment Revenue
Grant Obligations for a project at 249 W 1st Street : Motion by Jones to receive and file
the documents and adopt Resolution No. 295-23 Approving a Development Agreement
by and between the City of Dubuque, Iowa, and Chadwick Block, LLC including the is-
suance of Urban Tax Increment Revenue Obligations. Seconded by Sprank. Motion car-
ried 7-0.
RESOLUTION NO. 295-23
APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF
DUBUQUE, IOWA, AND CHADWICK BLOCK, LLC INCLUDING THE ISSUANCE OF
URBAN TAX INCREMENT REVENUE OBLIGATIONS
Whereas, Chadwick Block, LLC is the owner of the property legally described as fol-
lows:
Lot 1 of MONTANA HOUSE, in the City of Dubuque, Iowa, according to the Plat
recorded as Instrument #2020-2319, records of Dubuque County, Iowa. (the Prop-
erty); and
Whereas, the City Council, by Resolution No. 272-23, dated August 21, 2023, de-
clared its intent to enter into a Development Agreement by and between the City of
Dubuque, Iowa, and Chadwick Block, LLC, including the issuance of Urban Renewal
Tax Increment Revenue Obligations; and
Whereas, pursuant to published notice, a public hearing was held on the proposed
Development Agreement on September 5, 2023 at 6:30 p.m.; and
Whereas, it is the determination of the City Council that approval of the Development
Agreement for redevelopment of the Property by Chadwick Block, 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,
Iowa, and Chadwick Block, LLC, a copy of which is attached hereto, including the issu-
ance of Urban Renewal Tax Increment Revenue Obligations, is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Devel-
opment 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 September, 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
3. Chaplain Schmitt Island Trail Connection Project Iowa DOT Project No. EDP-
2100(704)-- 7Y-31: Motion by Jones to receive and file the documents and adopt Reso-
lution No. 296-23 Approval of Plans, Specifications, Form of Contract, and Estimated
Cost for the Chaplain Schmitt Island Trail Connection Project, Iowa DOT Project No.
EDP-2100(704)— 7Y-31. Seconded by Wethal. Motion carried 7-0.
RESOLUTION NO. 296-23
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT-
ED COST FOR THE CHAPLAIN SCHMITT ISLAND TRAIL CONNECTION PROJECT,
IOWA DOT PROJECT NO. EDP-2100(704)—7Y-31
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached plans, specifications, form of contract and estimate of total cost for
the Chaplain Schmitt Island Trail Connection Project, Iowa DOT Project No. EDP -
2100(704)—7Y-31, in the estimated amount of $1,041,415.00 are hereby approved.
Passed, approved, and adopted this 5th day of September 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
PUBLIC INPUT
Katherine Sorsen, 2613 Jackson St. Comiskey Park is amazing and would like to see
phase 2 begin, The tree in back yard of 2600 Jackson needs trimmed as well as the
sidewalk. Ms. Sorsen also spoke in favor of more low-income housing, and that used
Car lots are not visually appealing in residential neighborhoods.
Related to Action Item #7, Julie Frommelt, Owner of Welu Printing Inc. located at
1685 Central Ave. – spoke in support of the green alley project and thanked City Man-
ager Van Milligen for approving the repair to specific allies that are located in the Cen-
tral Avenue Corridor.
Paul Schultz, Mount Carmel Bluffs Neighborhood spoke in favor of City Council Mu-
nicipal Curb Side Collection of Food Scrap program and Co-Composting at DMASWA
compost center.
ACTION ITEMS
1. Correspondence from Park and Recreation Advisory Commission requesting City
Council review and update the City of Dubuque Park and Recreation Facility Naming
Policy. Marie Wate Leisure Services Director responded to questions from the City
Council. Motion by Roussell to receive and file the documents. Seconded by Farber.
Motion carried 7-0.
2. City of Dubuque COVID-19 After Action Report (AAR) Summary was presented by
Public Health Director Mary Rose Corrigan. Motion by Jones to receive and file the doc-
uments and listen to the presentation. Seconded by Roussell. Motion carried 7 -0.
3. Assistant City Manager Cori Burbach is submitting the City Council affirmed 15 -
year vision statement and mission statement, identified eight five -year goals for the city,
and the also identified top and high priorities for the 2023 -2025 policy agenda as well as
in-progress projects and capital projects for 2023 -2025. Motion by Jones to receive and
file the documents. Seconded by Resnick. Motion carried 7-0.
4. 2023 Maintenance Dredging Project Award Public Improvement Construction Con-
tract Project Number: 5546000001-304-67990 Harbor Area Dredging to Newt Marine
Service, in the amount of $493,840.00. Motion by Sprank to receive and file the docu-
ments and adopt Resolution No. 297-23 Awarding Public Improvement Construction
Contract for the 2023 Maintenance Dredging Project. Seconded by Wethal. Motion car-
ried 7-0.
RESOLUTION NO. 297-23
AWARDING PUBLIC IMPROVEMENT CONSTRUCTION CONTRACT FOR THE 2023
MAINTENANCE DREDGING PROJECT
Whereas, sealed proposals have been submitted by contractors for the 2023 Mainte-
nance Dredging Project, (the Project) pursuant to Resolution No. 253 -23 and Notice to
Bidders published on the City of Dubuque, Iowa website and plan room service with
statewide circulation on the 11th day of August 2023.
Whereas, said sealed proposal was opened and read on the 24th day of August
2023 and it has been determined that Newt Marine Service, of Dubuque, Iowa submit-
ted low bid in the amount of $493,840.00, and is the lowest responsive, responsible
bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
SECTION 1. That a Public Improvement Construction Contract for the Project is
hereby awarded to Newt Marine Service and the City Manager is hereby directed to ex-
ecute a Public Improvement Construction Contract on behalf of the City of Dubuque for
the Project.
Passed, adopted, and approved this 5th day of September 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
5. Eagle Valley, Westbrook, and English Ridge Subdivision Park Design, Develop-
ment, and Construction Management Services RFP Update: Motion by Roussell to re-
ceive and file the documents. Seconded by Sprank. Motion carried 7-0.
6. Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 2
Sewers and Sewage Disposal, Article D Industrial Pretreatment Program, Section 13 -
2D-10 Fees and Charges: Motion by Jones to receive and file the documents and that
the requirement that a proposed ordinance be considered and voted on for passage at
two Council meetings prior to the meeting at which it is to be passed be suspended. Se-
conded by Wethal. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 38 -23 Amend-
ing City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 2 Sewers and
Sewage Disposal, Article D Industrial Pretreatment Program, Section 13 -2D-10 Fees
and Charges. Seconded by Wethal. Motion carried 7 -0.
ORDINANCE NO. 38 - 23
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILI-
TIES, CHAPTER 2 SEWERS AND SEWAGE DISPOSAL, ARTICLE D INDUSTRIAL
PRETREATMENT PROGRAM, SECTION 13-2D-10 FEES AND CHARGES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 13-2D-10 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
13-2D-10: RATES AND CHARGES:
A. Purpose: It is the purpose of this section to provide for the collection of rates
and charges to produce gross revenues at least sufficient to pay the expenses of op-
eration and maintenance of the City’s sanitary sewer system and POTW. The appli-
cable rates and charges shall be collected as provided in the Schedule of Rates and
Charges established in this section.
B. Description of Rates and Charges:
1. Types of Rates and Charges: The city shall adopt rates and charges for the
administration of this program which may include:
a. Rates or other charges for the recovery of costs of setting up and operat-
ing the industrial pretreatment program.
b. Rates or other charges for monitoring, inspections, and surveillance pro-
cedures.
c. Rates or other charges relating to accidental discharge procedures. Note
that certain discharges may constitute environmental violations and be subject
to municipal infractions in addition to rates and charges for the recovery of
costs.
d. Rates or other charges for permit applications and renewals.
e. Rates or other charges for filing appeals.
f. Rates or other charges for the consistent removal (by the POTW) of pollu-
tants otherwise subject to federal pretreatment standards.
g. Other rates or charges adopted from time to time as the city may deem
necessary to carry out the requirements contained herein.
These rates and charges relate solely to the matters covered by this article
and are separate from all other fees chargeable by the city.
2. Rate Schedule: On or after September 13, 2023, the rates and charges as-
sessed to each Significant Industrial User of the system shall include all of the fol-
lowing:
a. A general service charge with the following two components:
1. A fixed cost facilities and administration charge in the amount of:
$125.00/month; and
2. A volumetric charge in the amount of $0.14/Ccf of flow discharged into
the POTW.
b. A surveillance monitoring and sample charge in the amount of three dol-
lars ($3.00) for each sample collected.
c. A laboratory testing charge in an amount equal to actual expenses in-
curred for each parameter tested in-house; and actual expenses incurred plus
ten percent (10%) for each parameter tested by outside laboratories.
d. A compliance charge for investigating incidents of program noncompliance
or accidental spills in an amount equal to the amount of time actually expended
multiplied by fifty dollars ($50.00) per hour.
e. A wastewater discharge permit application fee in the amount of one hun-
dred dollars ($100.00) for each wastewater discharge permit.
f. A wastewater discharge permit renewal charge in the amount of fifty dollars
($50.00) per permit. A late fee of one hundred dollars ($100.00) per month shall
be assessed for each month past the due date of permit renewal.
g. An appeal filing fee of two hundred fifty dollars ($250.00) shall be as-
sessed at the time of appeal.
h. Any person who discharges toxic substances or effluent into the POTW
which exceed discharge limitations shall be assessed a charge equal to the
amount of any fine, fee or penalty imposed upon the city by any federal or state
agency plus any applicable municipal infractions.
i. A special treatment charge for the consistent removal (by the POTW) of
pollutants otherwise subject to federal pretreatment standards as established in
an agreement negotiated between the city and the wastewater discharge permit
applicant.
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 21st day of August, 2023.
/s/Brad Cavanagh, Mayor
Attest:/s/Trish L. Gleason, Assistant City Clerk
Published officially in the Telegraph Herald newspaper on the 21st day of July, 2023.
/s/Trish L. Gleason, Assistant City Clerk
7. Fiscal Year 24 Bee Branch Green Alley Projects based on the established rede-
velopment of the Central Avenue Corridor as a priority, City Manager has approved the
following three alleys for improvement to Green Alley pavers over the next year; 1. Alley
between Central Avenue and White Street from 17th Street to 18th Street. 2. Alley be-
tween Central Avenue and Iowa Street from 15th Street to 16th Street. 3. Alley between
Central Avenue and Iowa Street from 16th Street to 17th Street. Motion by Farber to re-
ceive and file the documents. Seconded by Wethal. Motion carried 7-0.
8. Rebuilding America’s Infrastructure with Sustainability and Equity (RAISE) Infra-
structure Planning Grant Consultant Selection of AECOM Technical Services, Inc., of
Waterloo, Iowa, to complete the Engineering Design and NEPA / Environmental Study
Phase for the project entitled “Building Bridges to Employment and Equity (B2E2)”. Mo-
tion by Jones to receive and file the documents and approve. Seconded by Wethal. Mo-
tion carried 7-0.
9. Bee Branch Stormwater Pumping Station - Phase IV of the Bee Branch Watershed
Flood Mitigation Project: Civil Engineer Daron Muehring responded to questions by the
City Council. Motion by Roussell to receive and file the documents and adopt Resolu-
tion No. 298-23 Pledging the Local Match in the Amount of $19,012,000 Using
$16,412,000 in General Obligation Bonds and $2,600,000 in SRF Loan Proceeds for
Construction of a New Stormwater Pumping Station at the 16th Street Detention Basin.
Seconded by Sprank. Motion carried 7-0.
RESOLUTION NO. 298-23
PLEDGING THE LOCAL MATCH IN THE AMOUNT OF $19,012,000 USING
$16,412,000 IN GENERAL OBLIGATION BONDS AND $2,600,000 IN SRF LOAN
PROCEEDS FOR CONSTRUCTION OF A NEW STORMWATER PUMPING STATION
AT THE 16TH STREET DETENTION BASIN
Whereas, the City Council of the City of Dubuque, Iowa wishes to apply through the
Economic Development Administration (EDA), U. S. Department of Commerce for a
Fiscal Year 2018 Disaster Supplemental grant for the construction of a new stormwater
pumping station at the 16th Street Detention Basin, and
Whereas, the City Council, in support of the application for $7,700,000.00 in grant
funding, adopted Resolution 260-23 pledging a local match estimated at
$19,012,000.00 toward the activity as identified in the application using General Obliga-
tion bonds or a State Revolving Fund loan as the source for the expenditure, and
Whereas, the grant application requires further specifying the breakdown of debt
funding between General Obligation bonds and the State Revolving Fund loan.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Pledges the amount of $19,012,000.00 with $16,412,000.00 from GO
Bonds and $2,600,000.00 from a State Revolving Fund loan, if in fact, the Disaster Re-
lief Opportunity grant is awarded by the Economic Development Administration.
Section 2. Authorizes the City Manager to act as an authorized representative on the
City’s Economic Development Administration Fiscal Year 2018 Disaster Supplemental
grant application and may execute any documents as the Economic Development Ad-
ministration may reasonably request.
Passed, adopted, and approved this 5th day of September 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
10. Dubuque Awarded the Iowa Thriving Communities Designation and clarifying the
benefits of the designation and encouraging developers to pursue housing projects in
the Central Avenue Corridor Area. Motion by Resnick to receive and file the documents.
Seconded by Farber. Motion carried 7-0.
11. U.S. Department of Housing and Urban Development Section 8 Compliance Re-
view and approve the city’s response to the findings in the review. Motion by Jones to
receive and file the documents and approve. Seconded by Wethal. Motion carried 7 -0.
12. Sustainable Dubuque Quarterly Work Session Request: Motion by Roussell to
receive and file the documents and schedule the work session to begin at 5:15 p.m. on
October 16, 2023. Seconded by Resnick. No schedule conflicts were expressed. Motion
carried 7-0.
13. The City Council discussed moving videos to the next agenda due to technology
issues. Technology issues were rectified. Motion by Roussell seconded by Sprank to
have Media Services show the two Spanish Testimonial videos for City Life Fall 2023.
Motion carried 7-0.
Motion by Farber seconded by Resnick to have Media Services show the videos they
produced featuring This year’s School Resources Officers.
14. Dubuque Police Department School Resource Officers - 2023-2024 Video Motion
by Farber seconded by Resnick to show the video that Media Services staff from the
Public Information Office worked with the Dubuque Police Department to produce a vid-
eo featuring this year's School Resources Officers. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Sprank reported attending the 2nd annual Rooted Table event held
on Washington Street in Dubuque.
Council Member Jones congratulated the city on a recently received grant.
Mayor Cavanagh reported that he attended the Black Business Expo along with
Council Member Wethal and City Manager Van Milligen.
CLOSED SESSION
Motion by Jones to convene in closed session at 10:03 p.m. to discuss Pending Liti-
gation and Purchase or Sale of Real Estate – Chapter 21.5(1)(c),(j) Code of Iowa. Se-
conded by Resnick. Mayor Cavanagh stated for the record that the attorney who will
consult with City Council on the issues to be discussed in the closed session is City At-
torney Crenna Brumwell. Motion carried 7-0.
ADJOURNMENT
The City Council reconvened in open session at 10:23 p.m. stating that staff had
been given proper direction.
There being no further business, Mayor Cavanagh declared the meeting adjourned at
10:24 p.m.
/s/Trish L. Gleason, Assistant City Clerk