9 18 23 City Council Proceedings Official_Special an RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:45 p.m. on September 18,
2023, in the second-floor Council Chambers of the Historic Federal Building, 350 W.
6th Street.
Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell,
Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell.
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 Travel Dubuque Update.
WORK SESSION
Travel Dubuque Update
Keith Rahe President & CEO of Travel Dubuque provided a Travel Dubuque Update
presentation. Topics in presentation were; adventure guide, group tours, meetings and
conventions, riverboat tours, the USS LST 325, Field of Dreams, youth tournaments,
and This is Iowa Ball Park, Inc. Council thanked Mr. Rahe for all the hard work he and
the Travel Dubuque staff do.
There being no further business, Mayor Cavanagh declared the meeting adjourned
at 6:10 p.m.
/s/Trish L. Gleason, Assistant City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on September 18,
2023, in the second-floor Council Chambers of the Historic Federal Building, 350 W.
6th Street.
Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell,
Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell.
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
MOMENT OF SILENCE
The Mayor and City Council asked everyone in attendance to share in observing a
moment of silence in honor of former Council Woman Joyce Connors who passed
away last week, Joyce Connors served the citizens of Dubuque as a member of the
City Council for sixteen years, earning the admiration and respect of citizens and col-
leagues alike.
PROCLAMATION(S)
1. Hispanic Heritage Month Proclamation (September 15 to October 15) was ac-
cepted by Yara Isabel Lopez on behalf of the Dubuque Unidos organization
2. Lincoln Lion Pride Week (September 25-29) was accepted by Megan Elsinger,
Lincoln Elementary Principal, Crystal Tatro 1150 Mt. Pleasant St., Liz Tyler, 1030 Mel-
rose Tr., Candace Eudaley-Loebach 1715 Glen Oak St. and her two lion cubs on behalf
of The People Associated with Lincoln School (PALS).
3. Crop Hunger Walk Day In Dubuque (October 7) was accepted by Sue Hattel,
Dubuque CROP Hunger Walk Committee Member and Lynn Rusk, Dubuque CROP
Hunger Walk Treasurer on behalf of Dubuque CROP Hunger Walk Committee.
CONSENT ITEMS
Council Member Wethal requested Item No. 7 be held for separate discussion. Mo-
tion by Resnick to receive and file the documents, adopt the resolutions, and dispose
of as indicated, except for Item No. 7. Seconded by Farber. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council Proceedings of 8/18/23, 8/21/23,
8/22/23, 8/24/23, 9/5/23, 9/11/23, 9/12/23; Cable Television Commission of 12/8/21,
8/29/23; Community Development Advisory Commission of 9/6/23; Historic
Preservation Commission Minutes of 8/17/23; Zoning Advisory Commission Minutes of
8/24/23; Zoning Board of Adjustment Minutes of 9/6/23. Upon motion the documents
were received and filed.
2. Notice of Claims and Suits: Jessica Martin for property damage; Kelsey Mentz
and Julie Hoffman for vehicle damage. Upon motion the documents were received,
filed, and referred to the City Attorney.
3. Disposition of Claims: City Attorney advising that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities
Assurance Pool: Jessica Martin for property damage; Kelsey Mentz and Julie Hoffman
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. 303-23 Authorizing the Chief Financial Officer/City Treasurer
to make certain payments of bills that must be paid and approved for payment in ac-
cordance with City procedures was adopted.
RESOLUTION NO. 303-23
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 18th day of September, 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
5. Iowa Commission on Volunteer Service Letter of Support penned by Mayor Brad
Cavanagh on behalf of the City of Dubuque in support of the Iowa Commission on
Volunteer Service. Upon motion the documents were received, filed, and approved.
6. City Manager recommending City Council approval of the letter of support for the
National Mississippi River Museum & Aquarium’s grant application to the Silos &
Smokestacks National Heritage Area’s Large Grant Program and no City commitment
is included in the letter of support. Upon motion the documents were received, filed,
and approved.
7. Resilient Community Advisory Commission (RCAC) submitting correspondence
regarding curbside food scrap pick up program: Council Member Wethal requested in-
formation regarding an update on this program. City Manager Van Milligen explained
that the solid waste agency has a 28E agreement with the city and they are working
with a consultant and the DNR to rectify the identified issues. Council Member Jones
who sits on the Dubuque Metropolitan Area Solid Waste Agency concurred with the
City Manager and went into greater detail regarding the process that the commission
is following. Motion by Resnick to receive and file the documents. Seconded by Farber.
Motion carried 7-0.
8. City Manager providing a copy of the Roads and Bridges Magazine Article written
by Arielle Swift, Assistant Public Works Director. Upon motion the documents were re-
ceived and filed.
9. Zoning Advisory Commission recommending approval of the Plat of Survey of Lot
1 and Lot 2 of Bahl Middle Road Place. Upon motion the documents were received and
filed, and Resolution No. 304-23 Approving the Simple Subdivision Plat of Survey Lot
1 and Lot 2 of Bahl Middle Road Place, Dubuque, Iowa was adopted.
RESOLUTION NO. 304 - 23
APPROVING THE SIMPLE SUBDIVISION PLAT OF SURVEY LOT 1 AND LOT 2
OF BAHL MIDDLE ROAD PLACE, DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Simple Subdivision Plat Lot 1
and Lot 2 of Bahl Middle Road Place, Dubuque, Iowa; and
Whereas, said Simple Subdivision Plat has been examined by the Zoning Advisory
Commission and its approval has been endorsed thereon; and
Whereas, said Simple Subdivision Plat has been examined by the City Council and
they find that it conforms to the statues and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, is waived to allow 0 feet of street frontage on a public street
or approved private street for Lot 2.
Section 2. The Simple Subdivision Plat Lot 1 and Lot 2 of Bahl Middle Road Place,
Dubuque, Iowa is hereby approved, and the Mayor and City Clerk are hereby author-
ized and directed to endorse the approval of the City of Dubuque, Iowa upon said Plat
of Survey.
Passed, approved, and adopted this 18th day of September, 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
10. Zoning Advisory Commission recommends that the City Council approve the
simple subdivision as submitted subject to waiving the bulk regulations for lot area, lot
coverage, and rear yard setbacks for the property at 1363 Iowa Street. Upon motion
the documents were received and filed, and Resolution No. 305-23 Approving the Sim-
ple Subdivision Plat Buelow Place, Dubuque, Iowa was adopted.
RESOLUTION NO. 305 - 23
APPROVING THE SIMPLE SUBDIVISION PLAT BUELOW PLACE, DUBUQUE,
IOWA
Whereas, there has been filed with the City Clerk a Simple Subdivision Plat Buelow
Place, Dubuque, Iowa; and
Whereas, said Simple Subdivision Plat has been examined by the Zoning Advisory
Commission and its approval has been endorsed thereon; and
Whereas, said Simple Subdivision Plat has been examined by the City Council and
they find that it conforms to the statutes and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, is waived to allow 0 feet of frontage for Lot 2 on a public
street or an approved private street.
Section 2. That the Simple Subdivision Buelow Place, Dubuque, Iowa is hereby ap-
proved, and the Mayor and City Clerk are hereby authorized and directed to endorse
the approval of the City of Dubuque, Iowa upon said Plat of Survey.
Passed, approved, and adopted this 18th day of September, 2023.
Brad M. Cavanagh, Mayor
Attest: Trish Gleason, Assistant City Clerk
11. Submittal of the Consolidated Annual Performance and Evaluation Report (CA-
PER) for July 1, 2022, to June 30, 2023, to the U.S. Department of Housing & Urban
Development Community Planning Division after recommendation of approval at the
Public Hearing at the Community Development Advisory Commission Meeting held on
September 6, 2023. Upon motion the documents were received and filed, and Resolu-
tion No. 306-23 Authorizing the Submission of a Consolidated Annual Performance and
Evaluation Report (Caper) for the Period Commencing July 1, 2022, and Concluding
June 30, 2023 was adopted.
RESOLUTION NO. 306-23
AUTHORIZING THE SUBMISSION OF A CONSOLIDATED ANNUAL PERFOR-
MANCE AND EVALUATION REPORT (CAPER) FOR THE PERIOD COMMENC-
ING JULY 1, 2022 AND CONCLUDING JUNE 30, 2023
Whereas, the City of Dubuque, Iowa, is an entitlement grant recipient under the
Community Development Block Grant (CDBG) Program of the U.S. Department of
Housing and Urban Development (HUD); and
Whereas, the CDBG regulations require each entitlement recipient must submit a
performance and evaluation report, Consolidated Annual Performance and Evaluation
Report (CAPER); and
Whereas, the City has 1) prepared a CAPER for the program year commencing July
1, 2022 and concluding June 30, 2023; 2) published notice of availability of the CAPER
in the Telegraph Herald and City of Dubuque website on August 18, 2023 and; 3) made
copies of the CAPER available for public review; 4) held a public hearing pursuant to
required 15-days published notice before the Community Development Advisory Com-
mission on September 6, 2023.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Consolidated Annual Performance and Evaluation Report (CA-
PER) for the period commencing July 1, 2022, and concluding June 30, 2023, is hereby
approved for submission upon the completion of the Public Hearing held on September
6, 2023.
Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed
to execute the Consolidated Annual Performance and Evaluation Report (CAPER) on
behalf of the City of Dubuque, Iowa.
Section 3. That the City Manager is hereby authorized to direct staff to submit the
Consolidated Annual Performance and Evaluation Report (CAPER) along with any
public comment to the U.S. Department of Housing and Urban Development.
Passed, approved, and adopted this 18th day of September 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
12. First Amendment to Community Development Block Grant (CDBG) Subrecipient
Affordable Housing Network, Inc. 90 Main Street HVAC Replacement at 90 Main Street
for an additional $528,100 and authorize the Mayor to execute the amendment on be-
half of the City. Upon motion the documents were received and filed, and Resolution
No. 307-23 Authorizing the First Amendment to the CDBG Subrecipient Agreement
Between the City of Dubuque and Affordable Housing Network, Inc. was adopted.
RESOLUTION NO. 307-23
AUTHORIZING THE FIRST AMENDMENT TO THE CDBG SUBRECIPIENT
AGREEMENT BETWEEN THE CITY OF DUBUQUE AND AFFORDABLE HOUS-
ING NETWORK, INC.
Whereas, the City of Dubuque and Affordable Housing Network, Inc. (AHNI) entered
into a CDBG Subrecipient Agreement dated June 5, 2023 with to improve the quality
of existing affordable rental housing at 90 Main Street; 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, AHNI provides services to a minimum of 51% low/moderate income resi-
dents, meeting the CDBG National Objective of Low/Mod-Income Housing benefit, and
eligible 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 First Amendment to the CDBG Subrecipient Agreement be ap-
proved.
Section 2. That the Mayor of the City of Dubuque, or his designee, is hereby author-
ized and directed to execute said Amendment on behalf of the City of Dubuque, Iowa.
Passed, approved, and adopted this 18th day of September 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
13. Accepting the 2023 Asphalt Overlay Ramp Project 4 and authorizing the pay-
ment of the final contract amount of $75,838.62 to Valentine Construction, Co. LLC of
Dubuque, IA, for the 2023 Asphalt Overlay Curb Ramp Project 4. Upon motion the
documents were received and filed, and Resolution No. 308-23 Accepting the 2023
Asphalt Overlay Curb Ramp Project 4 and Authorizing the Payment to the Contractor
was adopted.
RESOLUTION NO. 308-23
ACCEPTING THE 2023 ASPHALT OVERLAY CURB RAMP PROJECT 4 AND AU-
THORIZING THE PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the 2023 Asphalt Overlay Curb Ramp
Project 4 (the Project) has been completed by the Contractor, Valentine Construction
Co. LLC, (Contractor), the City Engineer has examined the work and recommends that
the Project be accepted; and
Whereas, the final contract amount for the Project is $75,838.62; and
Whereas, the Contractor has previously been paid $72,046.69, leaving a balance of
$3,791.93; 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 $3,791.93 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 18th day of September, 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
14. Approval of the Cable TV Commission recommendations for funding from the
Public, Educational, and Government (PEG) Capital Grant for Access Equipment and
Facilities for a total not to exceed $115,000. Three requests were received and awarded
as follows: from the Dubuque Community School District up to $35,000 for new equip-
ment, from Loras College for new equipment in the amount of $25,000, and not more
than $55,000 for the City of Dubuque for new editing stations and new equipment. Upon
motion the documents were received, filed, and approved.
15. Intent to Apply for Local Housing Trust Fund FY24 to Iowa Finance Authority with
an anticipated amount of $231,167.00 and a required match of $53,169.00. Upon mo-
tion the documents were received and filed, and Resolution No. 309-23 Authorizing the
Mayor to Execute an Application for the Local Housing Trust Fund 2024 and Authoriz-
ing the Housing and Community Development Director and the City Manager to Ap-
prove the Application was adopted.
RESOLUTION NO. 309-23
AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR THE LOCAL
HOUSING TRUST FUND 2024 AND AUTHORIZING THE HOUSING AND COMMU-
NITY DEVELOPMENT DIRECTOR AND THE CITY MANAGER TO APPROVE THE
APPLICATION
Whereas, the City of Dubuque administers a Local Housing Trust Fund; and
Whereas, the City of Dubuque proposes to continue administering the Local Housing
Trust Fund and apply to the Iowa Finance Authority for Local Housing Trust Fund for
their Fiscal Year 2024.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA, THAT:
Section 1. That the Mayor hereby is authorized and directed to submit an application
for the Local Housing Trust Fund 2024 on behalf of the City of Dubuque.
Section 2. That the Housing and Community Development Director and the City
Manager are hereby authorized to approve the application that is submitted to the Iowa
Finance Authority.
Section 2. That the City Manager is hereby authorized and directed to forward said
application and resulting standard executed contract to the respective agencies in a
timely fashion and as required by the Iowa Finance Authority.
Passed, approved, and adopted this 18th day of September 2023.
Brad M. Cavanagh, Mayor
Attest: Trish Gleason, Assistant City Clerk
16. Intent to apply for 2024 Track 2 Development Base Grant with an anticipated
amount of $11,013.00 with no match required. Upon motion the documents were re-
ceived, filed, and approved.
17. The Dubuque Racing Association (DRA) Financing documents of the improve-
ment projects planned for Chaplain Schmitt Island for Informational Purposes Only.
Upon motion the documents were received and filed.
18. Signed Contracts: Newt Marine Services for 2023 Maintenance Dredging Project
Public Improvement Contract. Upon motion the documents were received and filed.
19. Approval of Retail Alcohol Licenses: Upon motion the documents were received
and filed, and Resolution No. 310-23 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 Per-
mits was adopted.
RESOLUTION NO. 310-23
APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS RE-
QUIRED 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
Whereas, applications for retail alcohol licenses have been submitted and filed with
the City Council for approval, and the same have been examined, provisionally ap-
proved, and/or approved; 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
Millwork Marketplace 333 East 10th St. Suite 12
King Kutz LLC 3372 Center Grove Dr.
Dubuque Museum of Art 701 Locust St.
Renewals
Phillips 66/Arby's 10 South Main St.
Chipotle Mexican Grill 3450 Dodge St., Suite 101
Denny's Lux Club 3050 Asbury Rd.
Fat Tuesday's 1121 University Ave.
Fiesta Cancun Authentic Mexican Restaurant 2515-1 NW Arterial
Grand River Center 500 Bell St.
Grand Tap The 802 Central Ave.
Red Robin America's Gourmet Burgers & Spirits 2775 NW Arterial
The Copper Kettle Inc. 2987 Jackson St.
Passed, approved, and adopted this 18th day of September 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant 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 Wethal. Motion carried 7-0.
1. Vacating a portion of an access and trail easement across Seippel Warehouse
LLC property, described as Lot 1 of Dubuque Industrial Center South Fourth Addition,
in the City of Dubuque, Iowa, at the intersection of Seippel Road and Cottingham Road.
Upon motion the documents were received and filed and Resolution No. 311-23 of In-
tent to Vacate and Dispose of City Interest in a Portion of an Access and Trail Easement
Over and Across Lot 1 Of Dubuque Industrial Center South Fourth Addition, in the City
of Dubuque, Iowa was adopted setting a public hearing for a meeting to commence at
6:30 p.m. on October 2, 2023 at 6:30 p.m. in the Historic Federal Building.
RESOLUTION NO. 311-23
INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN A PORTION OF AN
ACCESS AND TRAIL EASEMENT OVER AND ACROSS LOT 1 OF DUBUQUE IN-
DUSTRIAL CENTER SOUTH FOURTH ADDITION, IN THE CITY OF DUBUQUE,
IOWA
Whereas, per the Final Plat of Dubuque Industrial Center South First Addition in the
City of Dubuque, Iowa, Instrument Number 2014-1397, a 40-foot-wide access, and trail
easement was reserved thru Lot 2 of said Final Plat of Dubuque Industrial Center South
First Addition; and
Whereas, per an agreement between the City of Dubuque and Seippel Warehouse
LLC, the parties wished to set forth terms for the relocation of said access and trail
easement across Lot 2 of said Final Plat of Dubuque Industrial Center South First Ad-
dition in order to accommodate the construction of a 250,000 square foot warehouse
building; and
Whereas, Lot 2 of said Final Plat of Dubuque Industrial Center South First Addition
has been consolidated with other properties and is now part of Lot 1 of the Plat of Sur-
vey of Lot 1 and Lot A of Dubuque Industrial Center South Fourth Addition, in the City
of Dubuque Iowa, per Instrument Number 2023-00008290; and
Whereas, said Plat of Survey of Lot 1 and Lot A of Dubuque Industrial Center South
Fourth Addition dedicates a new and relocated 40-foot-wide access and trail easement
on the west said of said warehouse building and by Resolution 267-23 the City has
accepted said dedication of access and trail easement from Seipel Warehouse LLC;
and
Whereas, per said agreement the City is responsible for vacating a portion of the
original 40-foot-wide access and trail easement area, reserved on said Final Plat Dubu-
que Industrial Center South First Addition, through Lot 1 of Dubuque Industrial Center
South Fourth Addition, in the City of Dubuque, Iowa, as shown on the attached Exhibit
A.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque, intends to vacate and dispose of its interest in
a portion of the original access and trail easement, as reserved on said Final Plat Dubu-
que Industrial Center South First Addition, through Lot 1 of Dubuque Industrial Center
South Fourth Addition, in the City of Dubuque, Iowa.
Section 2. That a public hearing, and/or by virtual means on the intent to vacate and
dispose of City interest in a portion of the original access and trail easement, as re-
served on said Final Plat Dubuque Industrial Center South First Addition, through Lot 1
of Dubuque Industrial Center South Fourth Addition, in the City of Dubuque, Iowa, is
hereby set for the 2nd day of October, 2023, at the Historic Federal Building, 350 W.
6th Street, Dubuque, Iowa, beginning at 6:30 p.m., and the City Clerk be and is hereby
authorized and directed to cause a notice of public hearing on the intent to vacate and
dispose of said interest to be published in the manner as prescribed by law.
Passed, approved, and adopted this 18th day of September 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
BOARDS/COMMISSIONS
Appointments were made to the following commission.
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: Rick Baumhover, 601 Garfield Ave. (Additional Applicant),
Michaela Freiburger, 1718 Diane Crt., David Heiar, 805 Carriage Hill Dr. This commis-
sion is subject to the State of Iowa Gender Balance Law, §69.16A. 9 Commissioners
total; currently 4 males /3 females /2 openings. Upon roll call vote, Mr. Heiar was
appointed to the 3-year term through January 1, 2024. Mr. Heiar received all 7 votes.
Upon roll call vote, Ms. Freiburger was appointed to the 3-year term through January
1, 2025. Ms. Freiburger received 4 votes (Roussell, Jones, Farber, and Resnick) Mr.
Baumhover received the remaining 3 votes.
PUBLIC HEARINGS
1. Request to Rezone Property at 1749 Churchill Drive and the Zoning Advisory
Commission Recommending Approval.: Motion by Jones to receive and file the docu-
ments and that the requirement that a proposed ordinance be considered and voted on
for passage at two Council meetings prior to the meeting at which it is to be passed be
suspended. Seconded by Resnick. Due to the high number of attendees that wanted
to speak the Mayor placed a 5-minute per person and a 30-minute total for the full public
input section. The Council Chamber quickly was over capacity, based on the Fire Mar-
shals occupancy load requirements. The Mayor had to ask attendees in the chambers
to divide in half and part attend the meeting via TV monitors in the hallway right outside
of the council chambers. Attendees were able to see and hear everything that occurred
within the chambers and the doors were left open so anyone could enter, or exit based
on speaking needs. The Mayor extended the time frame for the public input section to
one hour. A total of six residents spoke in favor of the rezoning request and five resi-
dents spoke against the rezoning request. The Mayor asked, by show of hands, how
many attendees were present to speak in favor of the rezoning request and how many
were speaking in opposition to the request. The Mayor closed the Public input section
74 minutes after beginning it, stating that due to time constraints the council needed
time to deliberate this request. One attendee approached the podium and objected, for
the record, to the closing of the public input section. The Mayor reiterated that the City
Council had received over twenty-eight (28) emails as public input on this item as well
as seeing and gearing the responses from residents in attendance. Planning Services
Director Wally Wernimont provided a staff report. Motion carried 7-0.
After much discussion by the City Council. Motion by Jones for final consideration
and passage of Ordinance No. 39-23 Amending Title 16 of the City of Dubuque Code
of Ordinances, Unified Development Code, by Reclassifying Hereinafter Described
Property Located at 1749 Churchill Drive From R-1 Single-Family Residential District
To R-3c Moderate Density Multiple- Family Residential District with Conditions as Es-
tablished in the Attached Memorandum of Agreement. Seconded by Resnick. Motion
carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 39 - 23
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 1749 CHURCHILL DRIVE FROM R-1 SINGLE-FAMILY
RESIDENTIAL DISTRICT TO R-3C MODERATE DENSITY MULTIPLE-FAMILY
RESIDENTIAL DISTRICT WITH CONDITIONS AS ESTABLISHED IN THE AT-
TACHED MEMORANDUM OF AGREEMENT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, the Unified De-
velopment Code, is hereby amended by reclassifying the hereinafter-described
property from R-1 Single-Family Residential district to R-3C Moderate Density Multiple-
Family Residential district with conditions, to wit:
Lot 1 of Block 6 of Churchill Heights Subdivision, in the City of Dubuque, Iowa,
according to the recorded plats thereof, subject to easements of record and to the
centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa.
Section 2. That the foregoing amendment has heretofore been reviewed by the Zon-
ing Advisory Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect immediately upon publication, as provided
by law.
Passed, approved, and adopted this 18th day of September 2023.
/s/Brad M. Cavanaugh, Mayor
Attest:/s/Trish L. Gleason, Assistant City Clerk
Published officially in the Telegraph Herald newspaper on the 21st day of September,
2023.
/s/Trish L. Gleason, Assistant City Clerk
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5, and as an express condition of rezoning
of the property located at 1749 Churchill Drive and legally described as:
Lot 1 of Block 6 of Churchill Heights Subdivision, in the City of Dubuque, Iowa,
according to the recorded plats thereof, subject to easements of record and to the
centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa.
Which is the subject of Ordinance No. 39-23, a copy of which is attached hereto and
incorporated herein by reference, the undersigned property owner(s) agree(s) to the
following conditions, all of which the property owner(s) further agree(s) are reasonable
and are imposed to satisfy public needs which are caused directly by the rezoning:
A. Conditions:
1. That the list of Permitted Uses shall be limited to:
a. Single-family detached dwelling
b. Cemetery, mausoleum, or columbarium
c. Place of religious exercise or assembly
d. Golf course
e. Parks, public or private, and similar natural recreation areas
f. Public, private or parochial school approved by the State of Iowa (K-12)
g. Railroad or public or quasi-public utility, including substation
h. Community gardens
2. That the list of Conditional Uses shall be limited to:
a. Bed and breakfast home
b. Licensed adult day services
c. Licensed childcare center
d. Mortuary, funeral home, or crematorium
e. Off street parking
f. Tour home
g. Tourist home
h. Wind energy conservation system
i. Accessory dwelling unit
j. Group home
3. Accessory Uses: Any use customarily incidental and subordinate to the princi-
pal use it serves.
4. Temporary uses shall be regulated in conformance with the provisions of sec-
tion 16-3-19 of this title.
5. The Parking Requirements, Signs, and Bulk Regulations shall comply with the
R-1 Single-Family Residential zoning regulations.
B. Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate
zoning reclassification proceedings to the R-1 Single-Family Residential District if the
property owner fails to complete any of the conditions or provisions of this Agreement.
C. Modifications. Any modifications of this Agreement shall be considered a zoning
reclassification and shall be subject to the provisions of the Title 16, Unified Develop-
ment Code, governing zoning reclassifications. All such modifications must be ap-
proved by the City Council of Dubuque, Iowa.
D. Recording. A copy of this Agreement shall be recorded with the Dubuque County
Recorder as a permanent record of the conditions accepted as part of this rezoning
approval within ten (10) days of the adoption of Ordinance No. 39-23.
E. Construction. This Agreement shall be construed and interpreted as though it
were part of Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code.
F. This Agreement shall be binding upon the undersigned and his/her heirs, succes-
sors, and assignees.
ACCEPTANCE OF ORDINANCE NO. 39 - 23
I, Jeffrey M. Szalkowski and Tricia M. Szalkowski, having read the terms and condi-
tions of the foregoing Ordinance No. 39 - 23 and being familiar with the conditions
thereof, hereby accept this same and agree to the conditions required therein.
Dated in Dubuque, Iowa this 16th day of September, 2023.
/s/Jeffrey M. Szalkowski, property owner
/s/Tricia M. Szalkowski, property owner
Mayor Cavanagh called for a 5-minute recess at 8:25 p.m. to allow attendees to exit
the council chambers if they did not wish to stay for the rest of the meeting.
2. Request to Rezone Property Located at 25 Bissell Lane and Zoning Advisory
Commission Recommending Approval: Motion by Jones to receive and file the docu-
ments and that the requirement that a proposed ordinance be considered and voted on
for passage at two Council meetings prior to the meeting at which it is to be passed be
suspended. Seconded by Sprank. Planning Services Director Wally Wernimont pro-
vided a staff report. Applicant Cory Renson was present in the council chambers. Mo-
tion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No 40-23 Amend-
ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
Reclassifying Hereinafter Described Property Located at 25 Bissell Lane (Pin
1025402007 and 1025402008) from OR Office Residential to C-3 General Commercial
District. Seconded by Sprank. Motion carried 7-0.
ORDINANCE NO. 40 - 23
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 25 BISSELL LANE (PIN 1025402007 and 1025402008)
FROM OR OFFICE RESIDENTIAL TO C-3 GENERAL COMMERCIAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel-
opment Code, is hereby amended by reclassifying the hereinafter–described property
from OR Office Residential to C-3 General Commercial District, to wit:
NORTH 1/2 OF THE EAST 1/2 OF CITY LOT 587 AND SOUTH 1/2 OF THE
EAST 1/2 OF CITY LOT 587 and to the centerline of the adjoining public right-of-
way, all in the City of Dubuque, Iowa.
Section 2. That the foregoing amendment has heretofore been reviewed by the Zon-
ing Advisory Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect immediately upon publication as provided
by law.
Passed, approved, and adopted this 18th day of September, 2023.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Trish L. Gleason, Assistant City Clerk
Published officially in the Telegraph Herald newspaper on the 21st day of Septem-
ber, 2023.
/s/Trish L. Gleason, Assistant City Clerk
3. Request to Rezone Property at 2000 Radford Road and Zoning Advisory Com-
mission Recommending Approval: Motion by Roussell to receive and file the docu-
ments and that the requirement that a proposed ordinance be considered and voted on
for passage at two Council meetings prior to the meeting at which it is to be passed be
suspended. Seconded by Wethal. Planning Services Director Wally Wernimont pro-
vided a staff report. Motion carried 7-0.
Motion by Roussell for final consideration and passage of Ordinance No. 41-23
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, by Reclassifying Hereinafter Described Property Along Radford Road Within the
City of Dubuque from Planned Unit Development With PC-Planned Commercial Des-
ignation to OC Office Commercial. Seconded by Wethal. Motion carried 7-0.
ORDINANCE NO. 41 - 23
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY ALONG RADFORD ROAD WITHIN THE CITY OF DUBUQUE FROM
PLANNED UNIT DEVELOPMENT WITH PC-PLANNED COMMERCIAL DESIGNA-
TION TO OC OFFICE COMMERCIAL
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel-
opment Code, is hereby amended by reclassifying the hereinafter described property
from Planned Unit Development with PC-Planned Commercial designation to OC Of-
fice Commercial, to wit:
The eastern portion of Lot 2 of Pizza Ranch Place and to the centerline of the ad-
joining public right-of-way, all in the City of Dubuque, Iowa as shown in Exhibit A.
Section 2. That the foregoing amendment has heretofore been reviewed by the Zon-
ing Advisory Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect immediately upon publication as provided
by law.
Passed, approved, and adopted this 18th day of September, 2023.
/s/Brad M. Cavanagh, Mayor
Attest:/s/Trish L. Gleason, Assistant City Clerk
Published officially in the Telegraph Herald newspaper on the 21st day of September,
2023.
/s/Trish L. Gleason, Assistant City Clerk
4. Request to Rezone Property at 3465 Asbury Road and Zoning Advisory Commis-
sion Recommending Approval with the Condition of Maintaining the Screening Re-
quirements within the Existing Planned Unit Development with PC – Planned Commer-
cial District: Motion by Jones to receive and file the documents and that the requirement
that a proposed ordinance be considered and voted on for passage at two Council
meetings prior to the meeting at which it is to be passed be suspended. Seconded by
Farber. Planning Services Director Wally Wernimont provided a staff report and an-
swered questions from the council. Resident Alexis Steger spoke out against the re-
quest. Kim Adams Senior Vice President of Operations and Facilities at DuTrac Com-
munity Credit Union spoke in favor of the signage request. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 42-23 Amend-
ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
Reclassifying Hereinafter Described Property Located at 3465 Asbury Road from PUD
Planned Unit Development with Planned Commercial Designation to C-3C General
Commercial District with Conditions. Seconded by Wethal. Motion carried 7-0.
ORDINANCE NO. 42 - 23
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 3465 ASBURY ROAD FROM PUD PLANNED UNIT DE-
VELOPMENT WITH PLANNED COMMERCIAL DESIGNATION TO C-3C GEN-
ERAL COMMERCIAL DISTRICT WITH CONDITIONS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, the Unified De-
velopment Code, is hereby amended by reclassifying the hereinafter-described prop-
erty from PUD Planned Unit Development with Planned Commercial designation to C-
3C General Commercial District with conditions, to wit:
Lots 1, 2, 3, and 6 of Block 1, and Lots 1, 2, 3, 4, 5, and 6 of Block 2 Westchester
Subdivision, according to the recorded plats thereof, subject to easements of rec-
ord and to the centerline of the adjoining public right-of-way, all in the City of Dubu-
que, Iowa.
Section 2. That the foregoing amendment has heretofore been reviewed by the Zon-
ing Advisory Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect immediately upon publication, as provided
by law.
Passed, approved, and adopted this 18th day of September, 2023.
/s/Brad M. Cavanaugh, Mayor
Attest:/s/Trish L. Gleason, Assistant City Clerk
Published officially in the Telegraph Herald newspaper on the 21st day of September,
2023.
/s/Trish L. Gleason, Assistant City Clerk
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5, and as an express condition of rezoning
of the property located at 3465 Asbury Road and legally described as:
Lots 1, 2, 3, and 6 of Block 1, and Lots 1, 2, 3, 4, 5, and 6 of Block 2 Westchester
Subdivision, according to the recorded plats thereof, subject to easements of rec-
ord and to the centerline of the adjoining public right-of-way, all in the City of Dubu-
que, Iowa.
Which is the subject of Ordinance No. 42-23, a copy of which is attached hereto and
incorporated herein by reference, the undersigned property owner(s) agree(s) to the
following conditions, all of which the property owner(s) further agree(s) are reasonable
and are imposed to satisfy public needs which are caused directly by the rezoning:
A) Conditions:
1. That screening composed of earth berm and/or shrubbery of at least five (5)
feet in height and 50% opacity or a combination of a solid fence and landscaping as
shown in Exhibit A and Exhibit B attached to this ordinance shall be provided adjoin-
ing South Way and Dana Drive.
B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate
zoning reclassification proceedings to the previously approved PC Planning Commer-
cial zoning district (Ordinance 22-17) if the property owner fails to complete any of the
conditions or provisions of this Agreement.
C) Modifications. Any modifications of this Agreement shall be considered a zoning
reclassification and shall be subject to the provisions of the Title 16, Unified Develop-
ment Code, governing zoning reclassifications. All such modifications must be ap-
proved by the City Council of Dubuque, Iowa.
D) Recording. A copy of this Agreement shall be recorded with the Dubuque County
Recorder as a permanent record of the conditions accepted as part of this rezoning
approval within ten (10) days of the adoption of Ordinance No. 42-23.
E) Construction. This Agreement shall be construed and interpreted as though it
were part of Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code.
F) This Agreement shall be binding upon the undersigned and his/her heirs, succes-
sors, and assignees.
ACCEPTANCE OF ORDINANCE NO. 42 - 23
I, Kim Adams, having read the terms and conditions of the foregoing Ordinance No.
42-23 and being familiar with the conditions thereof, hereby accept this same and agree
to the conditions required therein.
Dated in Dubuque, Iowa this _____ day of ______________, 2023.
/s/Kim Adams, SVP Operations and Facilities, On behalf of DuTrac Community Credit
Union, property owner
5. Approving a Development Agreement by and between the City of Dubuque, Iowa,
and HG APT LLC: Motion by Sprank to receive and file the documents and adopt Res-
olution No. 312-23 Approving a Development Agreement by and between the City of
Dubuque, Iowa, and HG Apt LLC including the issuance of Urban Tax Increment Rev-
enue Obligations. Cathrine Sorensen, 2613 Jackson, spoke regarding the small
amount of square footage the proposed apartments may have. Developer, Josh
Manders, 1495 South Grandview was present in the council chambers. Seconded by
Wethal. Motion carried 7-0.
RESOLUTION NO. 312-23
APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF
DUBUQUE, IOWA, AND HG APT LLC INCLUDING THE ISSUANCE OF URBAN
TAX INCREMENT REVENUE OBLIGATIONS
Whereas, HG APT LLC is the owner of the property legally described as follows:
Lot 1 of Lot 1 of PARAGON SQUARE, in the City of Dubuque, Iowa, according to
the recorded Plat thereof (the Property); and
Whereas, the City Council, by Resolution No. 290-23, dated September 5, 2023,
declared its intent to enter into a Development Agreement by and between the City of
Dubuque, Iowa, and HG APT LLC, including the issuance of Urban Renewal Tax In-
crement Revenue Obligations; and
Whereas, pursuant to published notice, a public hearing was held on the proposed
Development Agreement on September 18, 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 HG APT 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 HG APT 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 18th day of September, 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
6. Maus Park Lake Pump Station Culvert Repair Project to consider approving the
plans, specifications, form of contract, and construction estimate of $586,000.00. Mo-
tion by Jones to receive and file the documents and adopt Resolution No. 313-23 Ap-
proval of Plans, Specifications, Form of Contract, and Estimated Cost for the Maus Park
Lake Pump Station Culvert Repair Project. Seconded by Wethal. Motion carried 7-0.
RESOLUTION NO. 313-23
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI-
MATED COST FOR THE MAUS PARK LAKE PUMP STATION CULVERT REPAIR
PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the
Maus Park Lake Pump Station Culvert Repair Project in the estimated amount of
$586,000.00, are hereby approved.
Passed, adopted, and approved this 18th day of September 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
7. Request to Amend PUD Zone C at 7495 Chavenelle Road of the Dubuque Indus-
trial Center West Planned Unit Development and The Zoning Advisory Commission
Recommending Approval: Motion by Roussell to receive and file the documents and
that the requirement that a proposed ordinance be considered and voted on for pas-
sage at two Council meetings prior to the meeting at which it is to be passed be sus-
pended. Seconded by Wethal. Planning Services Director Wally Wernimont provided
a staff report. Applicant and owner of Good Life Integrative Veterinary Care, Katie
Merkes spoke in favor of the application. Motion carried 7-0.
Motion by Roussell for final consideration and passage of Ordinance No. 43-23
Amending Title 16, Unified Development Code of The City of Dubuque Code of Ordi-
nances, by Rescinding Ordinance No. 6-23 Which Established Regulations for a PUD
Planned Unit Development District with A PI Planned Industrial Designation and Adopt-
ing an Amended PUD Ordinance to Allow an Animal Hospital or Clinic, Kennel, And
Pet Daycare or Grooming as Permitted Uses in Zone C of the Dubuque Industrial Cen-
ter West Planned Unit Development District. Seconded by Farber. Motion carried 7-0.
ORDINANCE NO. 43 23
AMENDING TITLE 16, UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBU-
QUE CODE OF ORDINANCES, BY RESCINDING ORDINANCE NO. 6-23 WHICH
ESTABLISHED REGULATIONS FOR A PUD PLANNED UNIT DEVELOPMENT
DISTRICT WITH A PI PLANNED INDUSTRIAL DESIGNATION AND ADOPTING
AN AMENDED PUD ORDINANCE TO ALLOW AN ANIMAL HOSPITAL OR
CLINIC, KENNEL, AND PET DAYCARE OR GROOMING AS PERMITTED USES
IN ZONE C OF THE DUBUQUE INDUSTRIAL CENTER WEST PLANNED UNIT DE-
VELOPMENT DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Title 16 of the Dubuque Code of Ordinances, Unified Development
Code, is hereby amended by rescinding Ordinance No. 6-23 and allowing animal
hospital or clinic, kennel, and pet daycare or grooming as permitted uses in Zone
C of the Dubuque Industrial Center West Planned Unit Development district with
a PI Planned Industrial Designation for the property legally described, to wit:
Lot 2 of McFadden Farm Place No. 2, Part of Lot 1-2 McFadden Farm Place No.
4, Balance of Lot 1-2 McFadden Farm Place No. 4, Lot 1 of McFadden Farm
Place No. 5, Part Lot 1A McFadden Farm Place No. 6, Balance of Lot 1A McFad-
den Farm Place No. 6, Balance of Lot 1 McFadden Farm Place No 6 excluding
Lot 1A, Lot 4 Dubuque Industrial Center West, Lots 1-1, 2, 2-1, 3, 4, 5, 6, 7, 8 and
C of Dubuque Industrial Center West 2nd Addition, Lots 1, 1-4, 2 2-4, 3, B and C
of Dubuque Industrial Center West 4th Addition, Lots 1-1, 1-2, 1-3, 1-5, 2-3, A, C
and D of Dubuque Industrial Center West 5th Addition, Lots 1 and A of Dubuque
Industrial Center West 6th Addition, Lots 1, 1-2 and 2-2 of Dubuque Industrial
Center West 7th Addition, Lots 1, 2 and B of Dubuque Industrial Center West 8th
Addition, Lot 2 of Dubuque Industrial Center West 9th Addition, Lot 1 of Dubuque
Industrial Center West Exc 7425 Condominiums, Lots 1-5, 3, 6 and H of Dubuque
Industrial Center West Final Plat, Lots 1, 1-C and 2 of Dubuque Industrial Center
North 1st Addition, Balance of Lot 2-C of Dubuque Industrial Center North 1st
Addition, Balance of Lot 3 Dubuque Industrial Center North 1st Addition excluding
Lot A, Part of Lot 3 Dubuque Industrial Center North 1st Addition excluding Lot A,
Part of Lot 2-C of Dubuque Industrial Center North 1st Addition, Unit 1 and Unit 2
of 7425 Condominiums located on Lot 1 Dubuque Industrial Center West, Lot 1
Dubuque Industrial Center North 2nd Addition Located in DUB T6, Part of Lot A
Dubuque Industrial Center North 1st Addition in Tax District DUB A, Part of Lot A
Dubuque Industrial Center North 1st Addition in Tax District DUB T6, Part of Lot
1 Unison Addition, Lots 1 and 2A Dubuque Industrial Center North 3rd Addition,
Lot 2-1 SW SW & 2-1 SE SW both in Section 30 T89N R2E, Lot 2 SE SW Section
30 T89N R2E, Lot 1-1 NW ¼ NW ¼ Section 29 T89N R2E, SE ¼ NW ¼ Section
29 T89N R2E, SW ¼ NW ¼ Section 29 T89N R2E, Lot 2 SW SE and Lot 2 SE
SE Section 30 T89N R2E, and to the centerline of the adjoining public right of-
way, all in the City of Dubuque, Iowa
Section 2. Attached hereto and made a part of this zoning reclassification approval
is an amended Conceptual Development Plan for the Dubuque Industrial Center West
Planned Unit Development. It is recognized that minor shifts or modifications to the
general plan layout may be necessary and compatible with the need to acquire worka-
ble street patterns, grades, and usable building sites. The general plan layout, including
the requirements, shall be used as the implementation guide.
Section 3. Pursuant to Iowa Code Section 414.5 (2015), as amended, and as an
express condition of the reclassification, the undersigned property owner(s) agree(s) to
the following conditions, all of which the property owner(s) further agree(s) are reason-
able and imposed to satisfy the public needs that are caused directly by the zoning
reclassification:
A) Definitions
1. Building Related Features
Building related features are defined as all constructed items which rise above the
grade surface of the lot. These include:
a. The primary building
b. All accessory or secondary buildings
c. All exterior storage areas
d. Exterior refuse collection areas
e. Exterior mechanical equipment
f. Containerized or tank storage of liquids, fuels, gases, and other materials.
2. Vehicle Related Features
Vehicle related features are defined as all areas used for the movement and park-
ing of all vehicles within the lot. These include:
a. Employee and visitor parking spaces.
b. Driveways from the street right-of-way line to and from parking
spaces.
c. Loading spaces outside of the building.
d. Maneuvering spaces outside of the building.
e. Parking spaces for company-owned commercial vehicles.
f. Fire lanes.
g. Railroad tracks.
3. Open Space Features
Open space features are defined as those exterior areas and developed features
of the lot which include:
a. Landscaped space containing lawn areas and plantings.
b. Paved, hard-surfaced, pedestrian areas such as walkways, plazas, entry-
ways, and courtyards.
c. Surface storm water detention areas not otherwise used for building-related
or vehicle-related purposes.
d. Open recreation areas and recreational trail.
e. Other non-building and non-vehicular related space.
B. Use Regulations.
The following regulations shall apply to all uses made of land in the above described
PUD District:
Zone A: General Purpose and Description. Zone A is intended to provide for a
limited amount of commercial development that will serve industrial park employees
with daily commercial and service needs. The development of Zone A shall resemble
a small shopping center with shared access, parking, and signage to promote a uni-
fied commercial appearance. Exterior storage is prohibited.
1. Principal permitted uses shall be limited to:
a. Public or quasi-public utilities including substations
b. Business services
c. Gas station/convenience/car wash
d. Laundry/dry cleaner
. Indoor restaurant
f. Drive-in/carry-out restaurant
g. Drive-up automated bank teller
h. Banks, savings and loans, and credit unions
i. Group day care center
2. Conditional uses reserved for future use.
3. Accessory uses shall be limited to the following:
a. Any use customarily incidental and subordinate to the principal use it serves.
4. Temporary uses shall be limited to the following:
Any use listed as a permitted use within the PUD District of a limited duration as
established in Section 3-19 Temporary Uses of the Unified Development Code.
Zone B: General Purpose and Description. Zone B is intended to provide for a variety
of uses primarily involving light manufacturing, assembly and fabrication, warehousing,
wholesaling, office uses and business services. Exterior storage is prohibited.
1. Principal permitted uses shall be limited to:
a. Railroads and public or quasi-public utilities
b. General offices
c. Medical/dental lab
d. Mail-order houses
e. Printing and publishing
f. Laboratories for research and engineering
g. Wholesale sales/distributor
h. Vending/game machine sales/service
i. Cold storage/locker plants
j. Packing and processing of meat, dairy or food products, not to include stock-
yards or slaughter houses
k. Tool, die, and patter making
l. Manufacture, assembly, repair or storage of electrical and electronic products,
components, or equipment
m. Warehousing and storage facilities, not to include mini-warehouses
n. Manufacturing, processing, fabrication, assembling, packaging or other com-
parable treatment of goods or materials, entirely within enclosed buildings
o. Childcare centers
p. Early learning centers
q. Data centers
r. Emergency call centers
2. Accessory uses shall be limited to the following:
a. Retail outlets within a primary office/industrial building, selling products pro-
duced on-site and only as accessory to the principal use.
b. Any use customarily incidental and subordinate to the principal use it serves.
3. Temporary uses shall be limited to the following:
Any use listed as a permitted use within the PUD District of a limited duration as
established in Section 3-19 Temporary Uses of the Unified Development Code.
Zone C: General Purpose and Description. Zone C is intended to provide for a variety
of uses primarily involving light manufacturing, assembly and fabrication, warehousing,
wholesaling, and office uses. Exterior storage is allowed with some restrictions and
must be screened from view from both the public right-of-way and surrounding privately
owned property.
1. Principal permitted uses shall be limited to:
a. Railroads and public or quasi-public utilities
b. Corporate offices
c. Medical/dental lab.
d. Mail-order houses-
e. Printing and publishing
f. Laboratories for research and engineering
g. Moving/storage facilities
h. Wholesale sales/distributor
i. Freight transfer facilities
j. Vending/game machine sales/service
k. Cold storage/locker plants
l. Packing and processing of meat, dairy or food products, not to include stock-
yards or slaughter houses
m. Tool, die, and pattern making
n. Manufacture, assembly, repair or storage of electrical and electronic prod-
ucts, components, or equipment
o. Warehousing and storage facilities, not to include mini-warehouses
p. Manufacturing, processing, fabrication, assembling, packaging or other com-
parable treatment of goods or materials, entirely within enclosed buildings
q. Animal hospital or clinic
r. Kennel
s. Pet daycare or grooming
2. Conditional uses shall be limited to the following:
a. Day care center, within a primary office/industrial building or as an accessory
structure on the same lot. Day care centers are subject to state and local regu-
lations.
1. Indoor floor area (excluding halls and bathrooms) must be provided per
child in areas occupied by cribs as per State Code;
2. Indoor floor area (excluding halls and bathrooms) must be provided per
child in areas not occupied by cribs times the licensed capacity as per State
Code;
3. Fenced outdoor recreation space, must be provided per child using the
space at a given time as per State Code;
4. Such facility shall provide for the loading and unloading of children so as
not to obstruct public streets or create traffic or safety hazards;
5. All licenses have been issued or have been applied for awaiting the out-
come of the Board's decision;
6. No group day care center may be located within the same structure as
any gas station, bar/tavern, automated gas station or any facility selling, ser-
vicing, repairing, or renting vehicles;
7. The parking group requirements can be met;
8. The conditional use applicant certifies that the premises on which the
group day care center will be located complies with, and will for so long as
the group day care center is so located, continue to comply with all local,
state and federal regulations governing hazardous substances, hazardous
wastes, and hazardous materials, including, but not limited to Iowa Code
chapter 455B (1991); 42 U.S.C. Section 9601 of the Federal Comprehensive
Environmental Response Compensation and Liability Act; 40 C.F.R. Section
3-2.4; and Section 302 of the Superfund Amendments and Reauthorization
Act of 1986; and
9. If the applicant is subject to the requirements of Section 302 of the Super-
fund Amendments and Reauthorization Act of 1986, the Emergency Man-
agement Director shall certify whether or not the applicant has submitted a
current inventory of extremely hazardous substances kept or stored on the
premises. If any such extremely hazardous substances are kept or stored
on the premises, the applicant shall also post in a conspicuous place on the
premises a notice indicating a description of the extremely hazardous sub-
stances, and the physical and health hazards presented by such sub-
stances.
3. Accessory uses shall be limited to the following:
a. Retail outlets within a primary office/industrial building, selling products pro-
duced on-site and only as accessory to the principal use.
b. Any use customarily incidental and subordinate to the principal use it serves.
4. Temporary uses shall be limited to the following:
Any use listed as a permitted use within the PUD District of a limited duration as
established in Section 3-19 Temporary Uses of the Unified Development Code.
Zone D: General Purpose and Description. Zone D is intended to provide appropriate
locations for heavy industrial uses. Exterior storage is allowed, provided it is screened
from view from public right-of-way.
1. Principal permitted uses shall be limited to:
a. Railroads and public or quasi-public utilities
b. Corporate offices
c. Mail order houses
d. Printing and publishing
e. Laboratories for research and engineering
f. Moving/storage facilities
g. Wholesale sales/distributor
h. Freight transfer facilities
i. Fuel and ice dealers
j. Cold storage/locker plants
k. Packing and processing of meat, dairy or food products, not to include stock-
yards or slaughter houses
l. Compounding, processing, and packaging of chemical products
m. Manufacture, assembly, repair, or storage of electrical and electronic prod-
ucts, components, or equipment).
n. Warehousing and storage facilities, not to include Mini warehouses
o. Manufacturing, processing, fabrication, assembling, packaging or other com-
parable treatment of goods or materials
2. Conditional uses shall be limited to the following:
a. Day care center, within a primary office/industrial building or as an accessory
structure on the same lot. Day care centers are subject to state and local regu-
lations.
1. Indoor floor area (excluding halls and bathrooms) must be provided per
child in areas occupied by cribs as per State Code;
2. Indoor floor area (excluding halls and bathrooms) must be provided per
child in areas not occupied by cribs times the licensed capacity as per State
Code;
3. Fenced outdoor recreation space must be provided per child using the
space at a given time as per State Code;
4. Such facility shall provide for the loading and unloading of children so as
not to obstruct public streets or create traffic or safety hazards;
5. All licenses have been issued or have been applied for awaiting the out-
come of the Board's decision;
6. No group day care center may be located within the same structure as
any gas station, bar/tavern, automated gas station or any facility selling, ser-
vicing, repairing, or renting vehicles;
7. The parking group requirements can be met;
8. The conditional use applicant certifies that the premises on which the
group day care center will be located complies with, and will for so long as
the group day care center is so located, continue to comply with all local,
state and federal regulations governing hazardous substances, hazardous
wastes, and hazardous materials, including, but not limited to Iowa Code
chapter 455B (1 991); 42 U.S.C. Section 9601 of the Federal Comprehen-
sive Environmental Response Compensation and Liability Act; 40 C.F.R.
Section 3-2.4; and Section 302 of the Superfund Amendments and Reau-
thorization Act of 1986; and
9. If the applicant is subject to the requirements of Section 302 of the Super-
fund Amendments and Reauthorization Act of 1986, the Emergency Man-
agement Director shall certify whether or not the applicant has submitted a
current inventory of extremely hazardous substances kept or stored on the
premises. If any such extremely hazardous substances are kept or stored
on the premises, the applicant shall also post in a conspicuous place on the
premises a notice indicating a description of the extremely hazardous sub-
stances, and the physical and health hazards presented by such sub-
stances.
3. Accessory uses shall be limited to the following:
a. Retail outlets within a primary office/industrial building, selling products
produced on-site and only as accessory to the principal use.
b. Any use customarily incidental and subordinate to the principal use it serves.
4. Temporary uses shall be limited to the following:
Any use listed as a permitted use within the PUD District of a limited duration as
established in Section 3-19 Temporary Uses of the Unified Development Code.
Zone E: General Purpose and Description. Zone is intended to provide a location for
businesses that require exterior handling or storage of materials or equipment. Exterior
handling or storage is allowed, except along Seippel Road, where it is prohibited.
1. Principal permitted uses shall be limited to:
a. Public or quasi-public utilities
b. Corporate offices
c. Mail-order houses.
d. Printing and publishing
e. Laboratories for research and engineering
f. Moving/storage facilities
g. Wholesale sales/distributor
h. Freight transfer facilities.
i. Fuel and ice dealers
j. Cold storage/locker plants
k. Packing and processing of meat, dairy or food products, not to include stock-
yards or slaughter houses
l. Compounding, processing and packaging of chemical products
m. Manufacture, assembly, repair or storage of electrical and electronic products,
components or equipment
n. Warehousing and storage facilities, not to include mini-warehouses
o. Manufacturing, processing, fabrication, assembling, packaging or other com-
parable treatment of goods or materials entirely within enclosed buildings
p. Contractors shop/yard
q. Recycling industries entirely within enclosed buildings with no outdoor storage
r. Timber processing
2. Conditional uses reserved for future use.
3. Accessory uses shall be limited to the following:
a. Retail outlets within a primary office/industrial building, selling products pro-
duced on-site and only as accessory to the principal use.
b. Any use customarily incidental and subordinate to the principal use it serves.
4. Temporary uses shall be limited to the following:
Any use listed as a permitted use within the PUD District of a limited duration as
established in Section 3-19 Temporary Uses of the Unified Development Code.
Zone O: General Purpose and Description. Zone O is intended to serve as an amen-
ity to the industrial park, providing open space and control of storm water to protect
downstream properties.
1. Principal permitted uses shall be limited to:
a. Railroads and public or quasi-public utilities
b. Parks, nature areas, playgrounds, and similar recreational uses
c. Picnic areas
d. Recreational trails
e. Club houses, shelter houses, tennis courts, or playground equipment, or
other recreational buildings and structures when associated with parks, nature
areas, playgrounds, recreational facilities
f. Construction of dams, reservoirs, or detention ponds
2. Conditional uses reserved for future use.
3. Accessory uses shall be limited to the following:
a. Any use customarily incidental or subordinate to the principle use it serves.
4. Temporary uses reserved for future use.
c. Lot and Bulk Regulations.
Development of land in Zones A, B, C, D, E and O shall be regulated as follows:
1. All building structures and activities shall be located in conformance with the
attached conceptual development plan and all final site development plans shall
be approved in accordance with provisions of the PUD District regulations of this
ordinance and of Section 5-24 PUD Planned Unit Development of the Unified De-
velopment Code.
2. All buildings related features in Zones A, B, C, D, E and O shall be in accord-
ance with the following bulk regulations chart:
Zone Min. Lot area In
Acres
Lot Frontage
Minimum
Front Yard Set-
back Min. Ft.
Side Yard Set-
back Min. Ft.
Rear Yard Set-
back Min. Ft.
Building Height
Max. Ft.
A 1/2 acre 100 20 10* 20 30
B 2 acres 100 50 10 25 50
C 2 acres 100 50 25 25 75
D 2 acres 100 50 25 50 100
E 2 acres 100 50 10 25 50
O N/A N/A N/A N/A N/A N/A
*0-foot side yard setbacks from property lines shall be permitted for attached build-
ings.
a. Lots smaller than minimum will be allowed if the parcel is consolidated or com-
bined with a larger lot. Substations for public and quasi-public utilities shall be ex-
empt from lot frontage and lot area requirements.
b. Maximum lot coverage shall be 80 percent. All building and vehicle related fea-
tures shall be considered when calculating total land area coverage, except fire
lanes and railroad tracks.
c. Maximum building height shall be as stipulated in the bulk regulations chart
above, except the following may exceed the height limit: cooling towers, conden-
sers, elevator bulkheads, stacks and other necessary mechanical equipment and
their protective housing. Heating, ventilating and air conditioning (HVAC) equip-
ment is limited to 10 feet above height limitation, except in Zone A where 30 feet
maximum height includes HVAC equipment.
d. Within required front, side, and rear setbacks, only driveways, fire lanes, railroad
tracks, open space features, and primary and secondary signage are allowed.
Parking lots may encroach up to 50% into a required front yard setback.
Parking and Loading Regulations
1. All vehicle-related features, except for railroad tracks, shall be surfaced with
either asphalt or concrete.
2. All parking and loading spaces shall be delineated on the surfacing material by
painted strips or other permanent means.
3. The number, size and design of parking spaces shall be governed by applicable
provisions of City of Dubuque Unified Development Code.
4. The number, size and design and location of parking spaces designated for
persons with disabilities shall be according to the local, state, or federal require-
ments in effect at the time of development.
5. The location and number of private driveway intersections with public streets
shall be reviewed and approved by the City Engineer. Access shall generally be
limited to internal streets.
6. No on-street maneuvering of delivery vehicles will be allowed on any street.
Lots shall provide all necessary maneuvering space for delivery vehicles within
the boundaries of the lots.
7. All loading docks for shipping and receiving of raw and manufactured goods
shall be designed to provide for the direct movement of goods between the deliv-
ery vehicle and the interior of the building.
E. Sign Regulations
1. Applicability of Cit of Dubuque Ordinances: The provisions of Section 15 Signs
of the Unified Development Code shall apply unless further regulated by this sec-
tion.
2. Off-Premise Signs: Off-premise signs shall be prohibited.
3. On-Premise Signs: On-premise signs shall be erected or constructed in accord-
ance with the following regulations.
a. Allowable content: signs, messages and graphics shall be limited to the fol-
lowing contents:
1. Industrial Center signs: limited to identification of Dubuque Industrial Cen-
ter West
➢ Entrance signs
➢ Directory signs
2. Company primary signs: limited to identification of uses in Zones B, C, D
and E
➢ Identification of company name
➢ Identification of company products or services by ge-
neric name only
➢ Graphic symbol or logo identified with the company
3. Commercial primary signs: limited to identification of uses in Zone A
➢ Identification of business name
➢ Identification of business products or services by ge-
neric names only
➢ Graphic symbol or logo identified with the business
4. Secondary signs: allowable in all zones
➢ Street address
➢ Directional messages necessary for the safe and ef-
ficient flow of vehicular and pedestrian traffic on the
lot
➢ Identification of visitor entrances to the building,
shipping, and receiving docks and other delivery
points
➢ Identification of assigned parking spaces and park-
ing spaces accessible to persons with disabilities
➢ Temporary announcements of pending or new con-
struction
➢ Commemorative messages
b. Schedule of sign regulations: allowable structural type, size, number, and
height shall be limited to the following requirements.
Type of Sign Max. Size Max. Number Allowable Struc-
ture Type
Max. Height*
Industrial Center
Entrance Signs
200 sq. ft. per sign face Six (6) signs Monument 12 ft.
Industrial Center
Directory Signs
30 sq. ft. per sign face Three (3) signs Monument 8 ft.
Company Primary
Signs
10% of building wall sign is
mounted on or 400 total sq. ft.
of sign area, whichever is less.
2 signs per street frontage per
business
Wall mounted Below eave
or parapet
150 sq. ft. per sign face 1 sign per business restricted
to interior street frontages only
Monument 10 ft.
Commercial Pri-
mary Signs
100 sq. ft. per sign face 2 signs per business provided
only 1 sign may be a monument -
style sign
Wall mounted Below eave
or parapet
Monument 10 ft.
Secondary Signs 6 sq. ft. per sign face No maximum number Wall mounted Below eave
or parapet
Monument 6 feet
*The height of monument-style signs shall be measured from average grade to top
of sign structures.
c. Variances: Variances from sign requirements for size, number and height may
be requested. Such variances shall be reviewed by the Zoning Board of Adjust-
ment in accordance with Section 86 Variance Procedure of the Unified Develop-
ment Code.
d. Lighting: Signs may be illuminated only by means of indirect lighting, whereby
all light sources and devices are shielded from view by opaque or translucent ma-
terials, or internally illuminated by means of a light source completely enclosed by
the sign panel.
e. Motion: No signs may include any device or means, mechanical, electrical, or
natural, which shall cause any motion of the sign panel or any part thereof. No
flashing lights or changing colors shall be allowed.
F. f. Exterior Storage Regulations
Exterior storage shall be in accordance with the following regulations:
Zone Allowable Products
Stored
Allowable
Location
Allowable Screening Materials Min. Opacity Max. Height of
Screening
A PROHIBITED
B PROHIBITED
C Finished Goods Rear or side
yards
Synthetic materials, wood, masonry,
brick or stone similar to building color
50% 10 ft.
D Raw or finished
goods; equipment
Rear or side
yards
Similar to building color 50% 12 ft.
Raw of finished
goods; equipment
Rear or side
yards
Similar to building color 100% 15 ft.
O PROHIBITED
*Exterior storage is prohibited on lots fronting Seippel Road.
1. Exterior storage of materials, which could be blown into the air or strewn about by
the wind, shall be prohibited.
2. Exterior storage, where allowed, shall not encroach into a front yard. A front yard may
exceed the required front yard setback.
3. The ground area coverage of exterior storage areas shall be the area contained in-
side the required screening. This area shall be considered to be a building-related
feature for purposes of calculating total land area coverages.
4. Exterior storage (where allowed) must be screened from view from adjacent public
right-of-way. In Zone C, exterior storage must be screened from both the public right-
of-way and surrounding privately owned property.
5. The screening height shall be measured from the ground level outside the line of the
screen. Screens built on sloping grades shall be stepped so that their top line shall be
horizontal.
6. Required screening is intended to buffer surrounding property from the negative vis-
ual impact created by the storage of raw or finished goods, materials and equipment
that can adversely impact the value of adjacent property.
7. The City Planner may grant a waiver for screening to exceed the maximum height
allowed, when topography or height of individual finished products or equipment could
make it impossible to completely screen a storage area from every vantage point. The
City Planner may not grant waiver in maximum screening height for raw materials or
stacked goods.
8. All exterior entrances to a screened storage area shall be provided with a gate or
door of similar design to that of the screen.
9. Long-term storage of products or materials in semi-trailers or shipping containers is
prohibited.
G. Exterior Trash Collection Area Requirements
1. Exterior trash collection areas shall include collection bins, dumpsters, and similar
waste receptacles for the short-term storage and collection of trash. Trash shall include
garbage, scrap, recyclables, debris, and similar materials.
2. The storage of trash shall be limited to that produced by the principal permitted use
and accessory uses of the lot. Exterior storage of trash, which could be blown into the
air or strewn about by the wind, shall be prohibited.
3. The ground area coverage of exterior trash collection areas shall be the area con-
tained inside the required screening. This area shall be considered a building-related
feature for purposes of calculating total land area coverages.
4. Exterior trash collection areas shall be located in rear or side yards only. Exterior
trash collection areas shall not encroach into a front yard. A front yard may exceed the
required front yard setback.
5. All exterior trash collection areas and the materials contained therein shall be
screened from view from the adjacent public right-of-way.
6. The screening shall be a completely opaque fence, wall or other feature not exceed-
ing a height of 10 feet measured from the ground level outside the line of the screen.
Screens built on sloping grades shall be stepped so that their top line shall be horizontal.
7. Exposed materials used to construct the opaque screen shall be similar in appear-
ance to materials used for exterior building walls. All exterior entrances to a screened
trash area shall be provided with a gate or door of similar design to that of the screen.
8. If a 10-foot-high screen fails to shield the exterior trash collection area from view from
the adjacent public right-of-way, evergreen plantings may be required in addition to the
screening. Evergreen plant materials shall be selected and designed so that they will
screen the area from the adjacent public right-of-way within five (5) years.
H. Landscaping Regulations
The following Landscape Regulations shall apply to each lot:
1. Plant Materials: The open space area of each lot shall be planted with permanent
lawn and ground covers, shrubs, and trees. It is the intent of these regulations that the
development of required open spaces shall reflect a high quality of environmental
design.
2. Landscaping: The following is the minimum requirement of trees and shrubs, by
number and size, and the type of ground cover required. Street trees planted in public
street right-of-way shall not be counted toward fulfillment of the minimum site require-
ments set forth below. Plant species to be used for landscaping shall be in accordance
with the City of Dubuque street tree policy. Existing trees and shrubs to be retained on
site may be counted toward fulfillment of the landscaping requirements.
a. Minimum tree planting requirements for any new development in the Dubuque In-
dustrial Center West shall be one (1) tree of the following size per 1,600 square feet of
required open space:
40% minimum: 2-2 1/2" caliper diameter deciduous and/or 8-foot height or greater ev-
ergreen.
Balance: 1 1/2 - 2" caliper diameter deciduous and/or 6-foot height evergreen.
b. Minimum shrub requirements at the time of planting for any development in the PUD
District, shall be 6 shrubs, or 1 shrub per 1 ,000 square feet of required open space,
whichever is greater.
Shrubs shall be a minimum of 18" height or minimum of one (1) gallon potted.
3. Landscape berms and/or plantings shall be required as screening for parking areas
adjacent to public streets and shall be a minimum of three (3) feet in height and can
utilize natural grade changes to achieve the required 50% opacity landscaping screen.
Parking lot screening is in addition to required landscaping of open space areas.
4. Trees shall be provided in all parking lot islands, which are of sufficient size to ensure
the growth and survival of the trees. Trees planted in parking lot islands may be counted
toward the minimum tree planting requirements.
5. The developer of any lot fronting Seippel Road and/or Chavanelle Road shall partic-
ipate in the planting trees compatible in species and spacing with tree plantings, which
have previously been completed by the City along said streets.
6. The installation of required planting materials may be phased in direct proportion to
the phasing of building construction. Required landscaping shall be installed by the date
the Building Services Department issues an occupancy certificate, or if winter weather
prevents planting, within six months of being issued an occupancy certificate.
7. To reduce erosion, all disturbed open space areas shall have ground cover of grass
or native vegetation, which is installed as sod, or seeded, fertilized, and mulched.
8. The lot owner is required to replant any and all plant materials, which have died due
to any cause during the effective period of this PUD Ordinance.
9. A detailed landscape plan shall be required as part of submittal for final site develop-
ment plan approval.
10. The area between the public street and the right-of-way line shall be planted with
grass and maintained by the lot owner.
11. Industrial Center landscaping: Common areas and streetscapes of the PUD District
shall be in accordance with the landscape plan, a copy of which is attached and made
a part of this PUD ordinance.
I. Performance Standards.
The development and maintenance of uses in this PUD District shall be established in
conformance with the following standards:
1. Site Lighting: exterior illumination of site features and location and design of site light-
ing shall be in accordance with the following requirements:
a. Exterior Illumination of site features shall be limited to the illumination of the following:
➢ Parking areas, driveways and loading facilities
➢ Pedestrian walkway surfaces and entrances to building
➢ Screened storage areas
➢ Building exterior
b. Location and design of site lighting shall be in accordance with the following require-
ments:
➢ All exterior lighting shall be designed, installed and maintained
so as not to cause glare or to shine in adjacent lots and streets.
➢ No light source shall provide illumination onto adjacent lots,
buildings or streets in excess of 1 .0-foot candle.
➢ All exterior lighting luminaries shall be designed and installed
to shield light from the luminaire at angles above 72 degrees
from vertical.
➢ Fixtures mounted on a building shall not be positioned higher
than the roofline of the building.
➢ Wooden utility type poles are acceptable only for temporary
use during construction.
➢ All electrical service lines to posts and fixtures shall be un-
derground and concealed inside the posts.
2. Utility Locations: Service lines and mechanical equipment for utilities shall be located
in accordance with the following requirements.
a. Service Lines: All electrical, telephone cable and other similar utility lines serving the
building and other site features shall be located underground.
b. Mechanical Equipment: All ground-mounted electrical transformers, switching gear,
relay boxes, meters, air conditioning units, heat pumps and other similar mechanical
equipment shall be screened from view. Screening may consist of plantings or masonry
walls. Plantings shall achieve 50% opacity after three (3) growing seasons and a ma-
sonry wall shall appear to be an integral part of the building's overall architectural de-
sign.
3. Site Plans: Final site development plans shall be submitted in accordance with Sec-
tion 12 Site Plans of the Unified Development Code prior to construction of each build-
ing and vehicle-related feature unless otherwise exempted by Section 12 Site Plans.
4. Storm Water Conveyance: The developer of each lot shall be responsible for provid-
ing surface or subsurface conveyance(s) of storm water from the lot to existing storm
sewers or to flow line of open drainage ways outside the lot in a means that is satisfac-
tory to the Public Works Department of the City of Dubuque. Other applicable regula-
tions enforced by the City of Dubuque relative to storm water management and drain-
age shall apply to properties in the PUD District.
5. Plating: The conceptual development plan shall serve as the preliminary plat for this
PUD District. Subdivision plats and improvement plans shall be submitted in accord-
ance with Chapter 11 Land Division of the City of Dubuque Unified Development Code.
6. Noises: Noises generated within the PUD District shall be regulated by Chapter 33,
Article IV Noises, of the City of Dubuque Code of Ordinances.
7. Street Lighting: Streetlights shall be installed in accordance with City of Dubuque
standards.
8. Flood Plain Regulations: The area of the PUD District that lies within the flood plain
of Catfish Creek shall be subject to the regulations of Section 6-4 Flood Hazard Overlay
Districts of the Unified Development Code.
9. Phased construction of Buildings and Parking Spaces: The construction of off-street
parking spaces may be phased in proportion to the percentage of total building floor
area constructed at any one time. Ground area set aside for future parking, loading
spaces or driveways or for parking provided in excess of the minimum required number
of parking spaces shall not reduce the minimum required area for open space.
10. Other Codes and Regulations: These regulations do not relieve an owner from
other applicable City, County, State and Federal codes, regulations, laws and other
controls relative to the planning, construction, operation and management of property
in the PUD District.
J. Open Space and Recreational Areas
Those areas not designated on the conceptual development plan as "open" shall be
maintained as open space by the property owner and/or association. The recreational
trail shall be maintained by the property owner and/or association.
K. Ordinance History
1. Ord. 6-23: Rescinding Ord. No. 32-18, and allowing childcare centers, early learning
centers, general offices, data centers, and emergency call centers within Zone B of the
Dubuque Industrial Center West PUD Planned Unit Development district with a PI
Planned Industrial Designation.
2. Ord. 32-18: Rescinding Ord. No. 83-04, No. 07-02, and No. 14-98 and rezoning an
approximately 124-acres of property from Agricultural District and approximately 36-
acres of property from PI Planned Industrial to the regulations of the Dubuque Industrial
Center West Planned Unit Development with a PI Planned Industrial designation.
3. Ord. 83-04: Amending Ord. No. 14-98 and No. 07-02 by reclassifying hereinafter
described property located east of Seippel Road and south of Middle Road from Agri-
cultural District to PUD Planned Unit Development with a PI Planned Industrial desig-
nation and adopting a conceptual development plan.
4. Ord. 07-02: Reclassifying an approximately 25-acre property located east of Seippel
Road and North of the county farm from Agricultural designation to PUD Planned Unit
Development District with a PI Planned Industrial designation and adopting an
amended conceptual development plan, with conditions, for the Dubuque Industrial
Center West.
5. Ord. 14-98: Reclassifying property located east and west of Seippel Road and north
of the county farm from Agricultural designation to PUD Planned Unit Development with
a PI Planned Industrial designation.
L. Transfer of Ownership
Transfer of ownership or lease of property in this PUD District shall include in the trans-
fer or lease agreement a provision that the purchaser or lessee acknowledges aware-
ness of the conditions authorizing the establishment of the district.
M. Modifications.
Any modifications of this Ordinance must be approved by the City Council in accord-
ance with zoning reclassification proceedings of Section 9 of the Unified Development
Code.
N. Recording.
A copy of this ordinance shall be recorded at the expense of the property owner(s) with
the Dubuque County Recorder as a permanent record of the conditions accepted as
part of this reclassification approval within thirty (30) days after the adoption of this or-
dinance. This ordinance shall be binding upon the undersigned and his/her heirs, suc-
cessors, and assigns.
Section 4. The foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 5. The foregoing amendment shall take effect upon publication, as provided
by law.
Passed, approved, and adopted this 18th day of September, 2023.
Brad M. Cavanagh, Mayor
Attest: Trish Gleason, Assistant City Clerk
8. Unified Development Code Text Amendment Request and the Zoning Advisory
Commission Recommending Approval: Motion by Jones to receive and file the docu-
ments and that the requirement that a proposed ordinance be considered and voted on
for passage at two Council meetings prior to the meeting at which it is to be passed be
suspended. Seconded by Wethal. Planning Services Director Wally Wernimont pro-
vided a staff report and answered questions from the council. Emily Sewell, 900 Jack-
son St. spoke in favor of the request. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No 44-23 Amend-
ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
Amending Articles 16-5-13 C-3 General Commercial, by Adding Drive- Up Automated
Bank Teller to the List of Permitted Uses and by Amending Articles 16-5-14 C-4 Down-
town Commercial, by Adding Drive-Up Automated Bank Teller to the List of Conditional
Uses and by Amending Article 16-8-5-10, by Modifying the Drive-Up Automated Bank
Teller Condition and by Amending Chapters 16-15-11-8 (C-3), 16-15-11-9 (C-4), 16-
15-11-12 (CR) and 16-15-11-14 (LI,HI, And MHI), to Add Drive-Up Automated Bank
Teller Signage Standards Seconded by Wethal. Motion carried 7-0.
ORDINANCE NO. 44-23
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY AMENDING ARTICLES 16-5-13 C-3 GENERAL
COMMERCIAL, BY ADDING DRIVE-UP AUTOMATED BANK TELLER TO THE
LIST OF PERMITTED USES AND BY AMENDING ARTICLES 16-5-14 C-4 DOWN-
TOWN COMMERCIAL, BY ADDING DRIVE-UP AUTOMATED BANK TELLER TO
THE LIST OF CONDITIONAL USES AND BY AMENDING ARTICLE 16-8-5-10, BY
MODIFYING THE DRIVE-UP AUTOMATED BANK TELLER CONDITION AND BY
AMENDING CHAPTERS 16-15-11-8 (C-3), 16-15-11-9 (C-4), 16-15-11-12 (CR) AND
16-15-11-14 (LI,HI, AND MHI), TO ADD DRIVE-UP AUTOMATED BANK TELLER
SIGNAGE STANDARDS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified De-
velopment Code Chapters 16-5-13 (C-3) and 16-5-14 (C-4) are hereby amended as
follows:
16-5-13-1 Principal Permitted Uses
Drive-Up Automated Bank Teller
16-5-14-2 Conditional Uses
Drive-Up Automated Bank Teller
Section 2. That Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code Chapter 16-5-10: List of Conditional Uses is hereby amended as
follows:
16-8-5-10 List of Conditional Uses
Drive-up automated bank teller. A drive-up automated bank teller may be
allowed in the CR district in accordance with the conditions established by
the zoning board of adjustment.
Drive-up automated bank teller. A drive-up automated bank teller
may be allowed in the C-4 and CR districts in accordance with the
conditions:
1. Opaque screening shall be provided to screen the use from
adjacent residential uses in conformance with the landscap-
ing requirements of chapter 13 of this title.
Section 3. That Title 16 of the City of Dubuque Code of Ordinances, Unified De-
velopment Code Chapters 16-15-11-8 (C-3), 16-15-11-9 (C-4), 16-15-11-12 (CR) and
16-15-11-14 (LI, HI, and MHI) are hereby amended as follows:
16-15-11-8: C-3 GENERAL COMMERCIAL DISTRICT
On Premises
Signs
Permit-
ted
Sign
Struc-
tures
Maximum
Per-
mitted
Light-
ing
Type
Per-
mitted
Motion
Area
(Square
Feet)
Num-
ber
Projec-
tion
Over
Right
Of
Way
Height
Drive-up Au-
tomated
Bank Teller
(Standalone)
Free-
stand-
ing
75 per
sign
1 per
prem-
ises
0 20
No
flash-
ing
None
16-15-11-9: C-4 DOWNTOWN COMMERCIAL DISTRICT:
On Premises
Signs
Permit-
ted
Sign
Struc-
tures
Maximum
Per-
mitted
Light-
ing
Type
Per-
mitted
Motion
Area
(Square
Feet)
Num-
ber
Projec-
tion
Over
Right
Of
Way
Height
Drive-up Au-
tomated
Bank Teller
(Standalone)
Free-
stand-
ing
75 per
sign
1 per
prem-
ises
0 20
No
flash-
ing
None
16-15-11-12: COMMERCIAL RECREATION DISTRICT:
On Premises
Signs
Permit-
ted
Sign
Struc-
tures
Maximum
Per-
mitted
Light-
ing
Type
Per-
mitted
Motion
Area
(Square
Feet)
Num-
ber
Projec-
tion
Over
Right
Of
Way
Height
Drive-up Au-
tomated
Bank Teller
(Standalone)
Free-
stand-
ing
75 per
sign
1 per
prem-
ises
0 20
No
flash-
ing
None
16-15-11-14: LI, HI, AND MHI INDUSTRIAL DISTRICTS:
On Premises
Signs
Permit-
ted
Sign
Struc-
tures
Maximum
Per-
mitted
Light-
ing
Type
Per-
mitted
Motion
Area
(Square
Feet)
Num-
ber
Projec-
tion
Over
Right
Of
Way
Height
Drive-up Au-
tomated
Bank Teller
(Standalone)
Free-
stand-
ing
75 per
sign
1 per
prem-
ises
0 20
No
flash-
ing
None
Section 4. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 5. This ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved, and adopted this 18th day of September 2023.
/s/Brad M. 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/Adrienne N. Breitfelder, CMC, City Clerk
9. Community Development Block Grant FY24 Annual Action Plan Amendment No.
1 as reviewed by the Community Development Advisory Commission at their meetings
on August 16, 2023, and September 6, 2023. Motion by Wethal to receive and file the
documents and adopt Resolution No. 314-23 Adopting the Fiscal Year 2024 (Program
Year 2023) Community Development Block Grant (CDBG) Annual Action Plan Amend-
ment #1. Seconded by Farber. Housing and Community Development Director Alexis
Steger answered questions from the council. Motion carried 7-0.
RESOLUTION NO. 314-23
ADOPTING THE FISCAL YEAR 2024 (PROGRAM YEAR 2023) COMMUNITY DE-
VELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN AMENDMENT #1
Whereas, the City of Dubuque, through a series of public meetings and hearings,
proposed a Fiscal Year 2024 (Program Year 2023) Community Development Block
Grant Annual Action 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 first
amendment to the Fiscal Year 2024 (Program Year 2023) Community Development
Block Grant Annual Action Plan; 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 Community Development Block Grant Fiscal Year 2024 (Pro-
gram Year 2023) Annual Action Plan Amendment #1, attached hereto and by this ref-
erence made a part hereof, is hereby approved.
Section 2. The City Manager or his designee of the City of Dubuque is hereby au-
thorized to directed staff to prepare and submit to the United States Department of
Housing and Urban Development the Fiscal Year 2024 (Program Year 2023) Annual
Action Plan Amendment #1 with all related documents, for the use of Community De-
velopment Block Grant funds based on this adopted budget and execute standard con-
tracts and agreements.
Passed, approved, and adopted this 18th day of September 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
10. Dubuque Racing Association Lease, Improvement Projects – Lot 1 of Chaplain
Schmitt Island, Requesting Consent of City to Improvements, Leasehold Mortgage, &
Subordination Agreement: Motion by Jones to receive and file the documents and
adopt Resolution No. 315-23 Disposing of an Interest in Real Property by Lease Agree-
ment with Dubuque Racing Association, LTD., and Approving a Leasehold Mortgage
and Subordination Agreement Between Dubuque Racing Association, LTD and Mid-
WestOne Bank. Seconded by Wethal. Council Member Farber recused herself from
this item due to her relationship with MidWestOne and exited the council chambers.
Alex Dixon President and CEO of the Q Casino and DRA thanked the council and staff
for all the time and hard work that went into establishing this partnership and agree-
ment. The Mayor and council acknowledge this momentous occasion. Motion carried
6-0. Farber returned to the council chambers.
RESOLUTION NO. 315-23
DISPOSING OF AN INTEREST IN REAL PROPERTY BY LEASE AGREEMENT
WITH DUBUQUE RACING ASSOCIATION, LTD. AND APPROVING A LEASE-
HOLD MORTGAGE AND SUBORDINATION AGREEMENT BETWEEN DUBUQUE
RACING ASSOCIATION, LTD AND MIDWESTONE BANK
Whereas, the City Council, by Resolution No. _____ - 23, dated __________, 2023,
declared its intent to dispose of City interest in real property legally described as:
Lot 1 of Chaplain Schmitt Island in the City of Dubuque, Iowa, according to the
Plat recorded as Instrument #2023-7679, records of Dubuque County, Iowa. (the
Property); and
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on September 18, 2023 at 6:30 p.m. in the Historic Federal Building, 350 W.
6th Street, Dubuque, Iowa; and
Whereas, it is the determination of the City Council that approval of the Agreement
with Dubuque Racing Association, Ltd. according to the terms and conditions set out in
the Amended and Restated Lease Agreement is in the public interest of the City of
Dubuque.
Whereas, it is the determination of the City Council that consent for a construction
project in excess of $100,000 is in the public interest of the City of Dubuque; and
Whereas, it is the determination of the City Council that consent to Dubuque Racing
Association’s financing of the improvement project with MidWestOne Bank, which re-
quires City consent to a Leasehold Mortgage is in the public interest of the City of Dubu-
que; and
Whereas, it is the determination of the City Council that subordination of Dubuque
Racing Association’s lease obligations to the City in favor of MidWestOne Bank pursu-
ant to a Subordination Agreement and City consent to the subordination is in the public
interest of the City of Dubuque; and
Whereas, the City Council of City believes it is in the best interests of City to approve
the Lease Agreement with Dubuque Racing Association, Ltd., to consent to the im-
provements, to consent to a Leasehold Mortgage, and to consent to the Subordination
Agreement in favor or MidWestOne Bank.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The City Council disposes of City’s interest in the foregoing-described real
property pursuant to the Amended and Restated Lease Agreement, consents to im-
provements by Dubuque Racing Association Ltd., consents to a Leasehold Mortgage,
and consents to the Subordination Agreement in favor of MidWestOne Bank.
Section 2. The Mayor and Assistant City Clerk are hereby authorized and directed
to execute the Amended and Restated Lease Agreement, Leasehold Mortgage, and
Subordination Agreement.
Section 3. The Assistant City Clerk is hereby authorized and directed to cause said
Amended and Restate Lease Agreement, Leasehold Mortgage, and Subordination
Agreement to be delivered to the City Attorney’s Office, together with a certified copy of
the Resolution.
Passed, approved, and adopted this 18th day of September, 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
11. Lease Agreement – Amphitheater, Lot 2 & 3: Motion by Roussell to receive and
file the documents and adopt Resolution No. 316-23 Disposing of City Interest in Real
Property Legally Described as Lots 2 and 3 of Chaplain Schmitt Island in the City of
Dubuque, Iowa According to the Plat Recorded as Instrument #2023-7679, Records of
Dubuque County, Iowa by Lease with Dubuque Racing Association, LTD. Seconded
by Sprank. Alex Dixon President and CEO of the Q Casino and DRA thanked Leisure
Services Director Marie Ware for all her hard work to see this agreement to fruition and
the city for their continued support. Motion carried 7-0.
RESOLUTION NO. 316 - 23
DISPOSING OF CITY INTEREST IN REAL PROPERTY LEGALLY DESCRIBED
AS LOTS 2 AND 3 OF CHAPLAIN SCHMITT ISLAND IN THE CITY OF DUBUQUE,
IOWA ACCORDING TO THE PLAT RECORDED AS INSTRUMENT #2023-7679,
RECORDS OF DUBUQUE COUNTY, IOWA BY LEASE WITH DUBUQUE RACING
ASSOCIATION, LTD.
Whereas, the City Council, by Resolution No. _____ - 23, dated __________, 2023,
declared its intent to dispose of City interest in real property legally described as:
Lots 2 and 3 of Chaplain Schmitt Island in the City of Dubuque, Iowa, according
to the Plat recorded as Instrument #2023-7679, records of Dubuque County,
Iowa. (the Property); and
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on September 18, 2023 at 6:30 p.m. in the Historic Federal Building, 350 W.
6th Street, Dubuque, Iowa; and
Whereas, it is the determination of the City Council that approval of the Lease Agree-
ment with Dubuque Racing Association, Ltd. according to the terms and conditions set
out in the Lease 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 Lease Agreement by and between the City of Dubuque and Dubuque
Racing Association, Ltd. for the lease of the Property, a copy attached hereto, is hereby
approved.
Section 2. The Mayor and Assistant City Clerk are hereby authorized and directed
to execute the Lease Agreement.
Section 3. That the Assistant City Clerk is hereby authorized and directed to cause
said Lease Agreement to be delivered to the City Attorney’s Office, together with a cer-
tified copy of the Resolution.
Passed, approved, and adopted this 18th day of September, 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
12. Issuance of Not to Exceed $1,000,000, Sewer Revenue Capital Loan Notes (In-
terim Financing) State Revolving Funds, Planning and Design Loan Applications: Mo-
tion by Wethal to receive and file the documents and adopt Resolution No. 317-23 Tak-
ing Additional Action with Respect to a Sewer Revenue Loan and Disbursement Agree-
ment and Authorizing, Approving and Securing the Payment of a $1,000,000 Sewer
Revenue Loan and Disbursement Agreement Anticipation Project Note (IFA Interim
Loan and Disbursement Agreement) (Lift Stations) Seconded by Sprank. Motion car-
ried 7-0.
RESOLUTION NO. 317-23
RESOLUTION TAKING ADDITIONAL ACTION WITH RESPECT TO A SEWER
REVENUE LOAN AND DISBURSEMENT AGREEMENT AND AUTHORIZING, AP-
PROVING AND SECURING THE PAYMENT OF A $1,000,000 SEWER REVENUE
LOAN AND DISBURSEMENT AGREEMENT ANTICIPATION PROJECT NOTE
(IFA INTERIM LOAN AND DISBURSEMENT AGREEMENT) (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, the City has heretofore proposed to borrow money and enter into a Sewer
Revenue Loan and Disbursement Agreement (the “Loan and Disbursement Agree-
ment”) with the Iowa Finance Authority (the “Lender”) and to issue in accordance there-
with Sewer Revenue Bonds (the “Bonds”) in a principal amount not to exceed
$1,000,000 a purpose of paying the cost, to that extent, of planning, designing and
constructing improvements and extensions to the Utility (the “Project”), and has pub-
lished notice of the proposed action and has held a hearing thereon on September 18,
2023; and
Whereas, it is necessary at this time to authorize and approve the issuance of a
$1,000,000 Sewer Revenue Loan and Disbursement Agreement Anticipation Project
Note (IFA Interim Loan and Disbursement Agreement) (the “Project Note”) pursuant to
the provisions of Section 76.13 of the Code of Iowa in anticipation of the receipt of and
payable from the proceeds of the Loan and Disbursement Agreement (the “Loan Pro-
ceeds”) in order to pay authorized costs in connection with planning and designing the
Project;
NOW, THEREFORE, Be It Resolved by the City Council of the City of Dubuque,
Iowa, as follows:
Section 1. The City Council hereby covenants for the benefit of the Lender and all
who may at any time be the holder of the Project Note to enter into the Loan and Dis-
bursement Agreement and to issue and deliver the Bonds prior to the Maturity Date, as
defined in the Project Note, and declares that this resolution constitutes the “additional
action” required by Section 384.24A of the Code of Iowa. The Bonds are hereby or-
dered to be issued at such time as the City enters into the Loan and Disbursement
Agreement.
Section 2. The Project Note in the principal amount of $1,000,000 is hereby author-
ized to be issued to the Lender. The Project Note shall be dated as of the date of clos-
ing, shall mature on the Maturity Date as defined in the Project Note, and shall bear
interest at the rate of 0% per annum.
The Project Note shall be executed on behalf of the City with the official manual or
facsimile signature of the Mayor and attested with the official manual or facsimile sig-
nature of the City Clerk and shall be a fully registered instrument without interest cou-
pons. In case any officer whose signature or the facsimile of whose signature appears
on the Project Note shall cease to be such officer before the delivery of the Project Note,
such signature or such facsimile signature shall nevertheless be valid and sufficient for
all purposes, the same as if such officer had remained in office until delivery.
The City Clerk is hereby designated as the Registrar and Paying Agent for the Pro-
ject Note and may be hereinafter referred to as the “Registrar” or the “Paying Agent.”
The City reserves the right to prepay principal of the Project Note in whole or in part
on any date prior to the Maturity Date, as defined in the Project Note, at a prepayment
price equal to the principal amount thereof prepaid.
The Project Note shall be fully registered as to both principal and interest in the name
of the owner in the records of the City kept for such purpose, after which no transfer
shall be valid unless made on said records by the City Clerk, and then only upon a
written instrument of transfer satisfactory to the City, duly executed by the registered
owner or the duly authorized attorney for such registered owner.
The City shall maintain as confidential the record of identity of owners of the Project
Note, as provided by Section 22.7 of the Code of Iowa.
Section 3. The Project Note shall be in substantially the [provided] form:
Section 4. The Project Note shall be executed as herein provided as soon after the
adoption of this resolution as may be possible and thereupon shall be delivered to the
Registrar for registration and delivery to the Lender, upon receipt of the Project Note
proceeds.
Section 5. The Loan Proceeds are hereby appropriated to the payment of the Project
Note and may also be appropriated to the payment of other obligations issued to pay
costs of the Project, but only to the extent that full provision has been made for the
payment of principal of the Project Note.
At its sole discretion, the City Council may appropriate to the payment of the Project
Note proceeds to be received from state or federal grants and/or income or revenues
from sources to be received and expended for the Project during the period of Project
construction.
The Project Note is a limited obligation of the City payable solely and only from the
Loan Proceeds and shall not constitute a general obligation of the City, nor shall it be
payable in any manner by taxation, and under no circumstances shall the City be in any
manner liable by reason of the failure of the Loan Proceeds to be sufficient for the pay-
ment in whole or in part of the Project Note.
Section 6. Upon a breach or default of a term of the Project Note or any Parity Obli-
gations and this resolution, a proceeding may be brought in law or in equity by suit,
action, or mandamus to enforce and compel performance of the duties required under
the terms of this resolution and Section 76.13 of the Code of Iowa.
Section 7. The City reserves the right to issue additional obligations (the “Parity Ob-
ligations”) payable from the Loan Proceeds, and ranking on a parity with, the Project
Note. The Project Note or any Parity Obligations shall not be entitled to priority or pref-
erence one over the other in the application of the Loan Proceeds regardless of the
time or times of the issuance of such Project Note or Parity Obligations, it being the
intention of the City that there shall be no priority among the Project Note or Parity Ob-
ligations, regardless of the fact that they may have been actually issued and delivered
at different times.
Section 8. The provisions of this resolution shall constitute a covariation,tween the
City and the owners of the Project Note and Parity Obligations as may from time to time
be outstanding, and after the issuance of the Project Note, no change, variation or al-
teration of any kind of the provisions of this resolution shall be made without prior con-
sent of the Lender which will adversely affect the owners of the Project Note or Parity
Obligations until the Project Note and Parity Obligations and the interest thereon shall
have been paid in full.
Section 9. If any section, paragraph, clause, or provision of this resolution shall be
held invalid, the invalidity of such section, paragraph, clause, or provision shall not affect
any of the remaining provisions of this resolution.
Section 10. All resolutions and orders or parts thereof in conflict with the provisions
of this resolution are, to the extent of such conflict, hereby repealed.
Section 11. This resolution shall be in full force and effect immediately upon its adop-
tion and approval, as provided by law.
Passed and approved September 18, 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
13. Issuance of Not to Exceed $430,000, Sewer Revenue Capital Loan Notes (In-
terim Financing) State Revolving Funds, Planning and Design Loan Applications: Mo-
tion by Farber to receive and file the documents and adopt Resolution No. 318-23 Tak-
ing Additional Action with Respect to a Sewer Revenue Loan and Disbursement Agree-
ment and Authorizing, Approving, and Securing the Payment of a $430,000 Sewer
Revenue Loan and Disbursement Agreement Anticipation Project Note (IFA Interim
Loan and Disbursement Agreement) (Grove). Seconded by Sprank. Motion carried 7-
0.
RESOLUTION NO. 318-23
RESOLUTION TAKING ADDITIONAL ACTION WITH RESPECT TO A SEWER
REVENUE LOAN AND DISBURSEMENT AGREEMENT AND AUTHORIZING, AP-
PROVING AND SECURING THE PAYMENT OF A $430,000 SEWER REVENUE
LOAN AND DISBURSEMENT AGREEMENT ANTICIPATION PROJECT NOTE
(IFA INTERIM LOAN AND DISBURSEMENT AGREEMENT) (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, the City has heretofore proposed to borrow money and enter into a Sewer
Revenue Loan and Disbursement Agreement (the “Loan and Disbursement Agree-
ment”) with the Iowa Finance Authority (the “Lender”) and to issue in accordance there-
with Sewer Revenue Bonds (the “Bonds”) in a principal amount not to exceed $430,000
a purpose of paying the cost, to that extent, of planning, designing and constructing
improvements and extensions to the Utility (the “Project”), and has published notice of
the proposed action and has held a hearing thereon on September 18, 2023; and
Whereas, it is necessary at this time to authorize and approve the issuance of a
$430,000 Sewer Revenue Loan and Disbursement Agreement Anticipation Project
Note (IFA Interim Loan and Disbursement Agreement) (the “Project Note”) pursuant to
the provisions of Section 76.13 of the Code of Iowa in anticipation of the receipt of and
payable from the proceeds of the Loan and Disbursement Agreement (the “Loan Pro-
ceeds”) in order to pay authorized costs in connection with planning and designing the
Project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA, AS FOLLOWS:
Section 1. The City Council hereby covenants for the benefit of the Lender and all
who may at any time be the holder of the Project Note to enter into the Loan and Dis-
bursement Agreement and to issue and deliver the Bonds prior to the Maturity Date, as
defined in the Project Note, and declares that this resolution constitutes the “additional
action” required by Section 384.24A of the Code of Iowa. The Bonds are hereby or-
dered to be issued at such time as the City enters into the Loan and Disbursement
Agreement.
Section 2. The Project Note in the principal amount of $430,000 is hereby authorized
to be issued to the Lender. The Project Note shall be dated as of the date of closing,
shall mature on the Maturity Date as defined in the Project Note, and shall bear interest
at the rate of 0% per annum.
The Project Note shall be executed on behalf of the City with the official manual or
facsimile signature of the Mayor and attested with the official manual or facsimile sig-
nature of the City Clerk and shall be a fully registered instrument without interest cou-
pons. In case any officer whose signature or the facsimile of whose signature appears
on the Project Note shall cease to be such officer before the delivery of the Project Note,
such signature or such facsimile signature shall nevertheless be valid and sufficient for
all purposes, the same as if such officer had remained in office until delivery.
The City Clerk is hereby designated as the Registrar and Paying Agent for the Pro-
ject Note and may be hereinafter referred to as the “Registrar” or the “Paying Agent.”
The City reserves the right to prepay principal of the Project Note in whole or in part
on any date prior to the Maturity Date, as defined in the Project Note, at a prepayment
price equal to the principal amount thereof prepaid.
The Project Note shall be fully registered as to both principal and interest in the name
of the owner in the records of the City kept for such purpose, after which no transfer
shall be valid unless made on said records by the City Clerk, and then only upon a
written instrument of transfer satisfactory to the City, duly executed by the registered
owner or the duly authorized attorney for such registered owner.
The City shall maintain as confidential the record of identity of owners of the Project
Note, as provided by Section 22.7 of the Code of Iowa.
Section 3. The Project Note shall be in substantially the [provided] form:
Section 4. The Project Note shall be executed as herein provided as soon after the
adoption of this resolution as may be possible and thereupon shall be delivered to the
Registrar for registration and delivery to the Lender, upon receipt of the Project Note
proceeds.
Section 5. The Loan Proceeds are hereby appropriated to the payment of the Project
Note and may also be appropriated to the payment of other obligations issued to pay
costs of the Project, but only to the extent that full provision has been made for the
payment of principal of the Project Note.
At its sole discretion, the City Council may appropriate to the payment of the Project
Note proceeds to be received from state or federal grants and/or income or revenues
from sources to be received and expended for the Project during the period of Project
construction.
The Project Note is a limited obligation of the City payable solely and only from the
Loan Proceeds and shall not constitute a general obligation of the City, nor shall it be
payable in any manner by taxation, and under no circumstances shall the City be in any
manner liable by reason of the failure of the Loan Proceeds to be sufficient for the pay-
ment in whole or in part of the Project Note.
Section 6. Upon a breach or default of a term of the Project Note or any Parity Obli-
gations and this resolution, a proceeding may be brought in law or in equity by suit,
action, or mandamus to enforce and compel performance of the duties required under
the terms of this resolution and Section 76.13 of the Code of Iowa.
Section 7. The City reserves the right to issue additional obligations (the “Parity Ob-
ligations”) payable from the Loan Proceeds, and ranking on a parity with, the Project
Note. The Project Note or any Parity Obligations shall not be entitled to priority or pref-
erence one over the other in the application of the Loan Proceeds regardless of the
time or times of the issuance of such Project Note or Parity Obligations, it being the
intention of the City that there shall be no priority among the Project Note or Parity Ob-
ligations, regardless of the fact that they may have been actually issued and delivered
at different times.
Section 8. The provisions of this resolution shall constitute a covariation, tween the
City and the owners of the Project Note and Parity Obligations as may from time to time
be outstanding, and after the issuance of the Project Note, no change, variation or al-
teration of any kind of the provisions of this resolution shall be made without prior con-
sent of the Lender which will adversely affect the owners of the Project Note or Parity
Obligations until the Project Note and Parity Obligations and the interest thereon shall
have been paid in full.
Section 9. If any section, paragraph, clause, or provision of this resolution shall be
held invalid, the invalidity of such section, paragraph, clause, or provision shall not affect
any of the remaining provisions of this resolution.
Section 10. All resolutions and orders or parts thereof in conflict with the provisions
of this resolution are, to the extent of such conflict, hereby repealed.
Section 11. This resolution shall be in full force and effect immediately upon its adop-
tion and approval, as provided by law.
Passed and approved September 18, 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
ACTION ITEMS
1. USDA Forest Service Urban & Community Forest Program Grant Award: Motion
by Roussell to receive and file the documents and approve. Seconded by Resnick.
Leisure Services Director Marie Ware provided information on the notification that the
City of Dubuque has been awarded a USDA Forest Service Urban and Community
Forest Program Grant totaling $1,499,978. Restated motion by Roussell to receive and
file the documents. Seconded by Resnick. Motion carried 7-0.
2. Five Flags Civic Center FY 23 Annual Report Presentation: Motion by Jones to
receive and file the documents and listen to the presentation. Seconded by Sprank.
Five Flags Civic Center General Manager Aaron Rainey presented on: Building up-
dates, events in review, event analysis, food and beverage, volunteers, ticket buyers
demographics, news coverage, social media, venue partners, staff, and upcoming
events. Motion carried 7-0.
3. Lead Service Line Replacement Program in 3 phases to complete replacement of
lead service lines in 575 homes, maintaining the FY25 budget projection of a 5% water
rate increase, but other factors might impact this rate increase, however, that would be
determined through the FY25 budget process conducted in April of 2024. Motion by
Roussell to receive and file the documents and approve. Seconded by Jones. Motion
carried 7-0.
4. Community Development Block Grant (CDBG) Subrecipient Agreement to assist
Catholic Charities for an additional $245,000 for the replacement of two elevators in
Ecumenical Tower and authorize the Mayor to execute the agreement on behalf of the
City. Motion by Roussell to receive and file the documents and adopt Resolution No.
319-23 Authorizing Execution of CDBG Subrecipient Agreement with Catholic Chari-
ties. Seconded by Wethal. Housing and Community Development Director Alexis
Steger read three statements expressing the need for elevator repairs. One from Tracy
Morrison, Executive Director at Catholic Charities, one from Cee Cee, a Resident of
Ecumenical Towers and the third from resident Brooklyn Williams of Ecumenical Tow-
ers, all of whom could not stay due to the late hour. Motion carried 7-0.
RESOLUTION NO. 319-23
AUTHORIZING EXECUTION OF CDBG SUBRECIPIENT AGREEMENT WITH
CATHOLIC CHARITIES
Whereas, Catholic Charities prepared a request to improve the quality of existing
affordable rental housing at Ecumenical Tower utilizing Community Development Block
Grant funds; and
Whereas, the City Council approved the CDBG Fiscal Year 2024/Program Year
2023 Amendment #1 budget that included an increased budget for Ecumenical Tower
to accommodate this request; and
Whereas, a Categorically Excluded Subject to Review with 24 CFR Part 58.5 Envi-
ronmental Review has been completed, and no compliance or consultation with regu-
latory 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
residents, meeting the CDBG National Objective of Low/Mod-Income Housing benefit,
and eligible 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 Catholic Charities, beginning no
sooner than September 18, 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 18th day of September 2023.
Brad M. Cavanagh, Mayor
Attest Trish L. Gleason, Assistant City Clerk
5. Community Development Block Grant (CDBG) Subrecipient Agreement to assist
Dubuque Community Schools Lincoln Outdoor Wellness with a project budget of
$474,431 for a complete site redesign at Lincoln Elementary School to improve the use
of space in a low-mod area and authorize the Mayor to execute the agreement on be-
half of the City. Motion by Farber to receive and file the documents and adopt Resolu-
tion No. 320-23 Authorizing Execution of CDBG Subrecipient Agreement with Dubuque
Community Schools. Seconded by Resnick. Motion carried 7-0.
RESOLUTION NO. 320-23
AUTHORIZING EXECUTION OF CDBG SUBRECIPIENT AGREEMENT WITH
DUBUQUE COMMUNITY SCHOOLS
Whereas, Dubuque Community Schools prepared a request to improve the quality
of a public facility at 555 Nevada Street, Lincoln Elementary School, utilizing Commu-
nity Development Block Grant funds; and
Whereas, the City Council approved the CDBG Fiscal Year 2024/Program Year
2023 Amendment #1 budget that included a budget for Lincoln Wellness Project to
accommodate this request; and
Whereas, a Categorically Excluded Subject to Review with 24 CFR Part 58.5 Envi-
ronmental Review has been completed, and no compliance or consultation with regu-
latory 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
area, meeting the CDBG National Objective of Low/Mod-Income Housing benefit, and
eligible activity of 03F: Parks, Recreational Facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the subrecipient agreement with Dubuque Community Schools be-
ginning no sooner than September 18, 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 18th day of September 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
6. Community Development Block Grant (CDBG) Subrecipient Agreement to assist
Mt. Pleasant Home to remodel an existing bathroom to be ADA-compliant with a project
budget of $18,000 and authorize the Mayor to execute the agreement on behalf of the
City. Motion by Farber to receive and file the documents and adopt Resolution No. 321-
23 Authorizing Execution of CDBG Subrecipient Agreement with Mt. Pleasant Home.
Seconded by Wethal. Housing and Community Development Director Alexis Steger
read statements by Keith Kettler, Administrator of Mt Pleasant Homes and Karen
Zeckser, Mt Pleasant Homes Board Member outlining the need to remodel the bath-
room originally built in 1939. Motion carried 7-0.
RESOLUTION NO. 321-23
AUTHORIZING EXECUTION OF CDBG SUBRECIPIENT AGREEMENT WITH MT.
PLEASANT HOME
Whereas, Mt. Pleasant Home prepared a request to improve the quality of existing
affordable rental housing at Mt. Pleasant Home utilizing Community Development
Block Grant funds; and
Whereas, the City Council approved the CDBG Fiscal Year 2024/Program Year
2023 Amendment #1 budget that included an $18,000 budget for Mt. Pleasant Home
to accommodate this request; and
Whereas, a Categorically Excluded Subject to Review with 24 CFR Part 58.5 Envi-
ronmental Review has been completed, and no compliance or consultation with regu-
latory 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
residents, meeting the CDBG National Objective of Low/Mod-Income Housing benefit,
and eligible 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 Mt. Pleasant Home, beginning no
sooner than September 18, 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 18th day of September 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
7. Request for Work Session: Black Heritage Survey Update on Monday, October
16, 2023, at 6:00 p.m. for an update on Black Heritage Survey. Motion by Roussell to
receive and file the documents and schedule the work session as recommended. Se-
conded by Sprank. No schedule conflicts were expressed. Motion carried 7-0.
8. New Housing Projects Update - September 2023 Video and Handout: Public In-
formation Office staff will show a video showing progress on some of the new housing
projects under way in Dubuque. The video can also be seen on YouTube at
https://youtu.be/sqC44udG8Os?si=L9Z7EJSGQc8K2xoY Motion by Resnick to re-
ceive and file the documents and watch the video. Seconded by Jones. Motion carried
7-0.
COUNCIL MEMBER REPORTS
Each council member took a moment to share memories and to send their heartfelt
condolences to the family and friends of Joyce Connors who passed away suddenly
on September 15, 2023. Joyce’s encouragement to serve the residents of the City of
Dubuque by serving as an elected official was something the Mayor and each of the
council members shared in common. Remembering Joyce’s calm demeanor, hard
work ethic, and commitment to the Dubuque Community were very common themes
throughout the shared memories.
CLOSED SESSION
Motion by Jones to convene in closed session at 10:49 p.m. to discuss Pending Lit-
igation and Purchase or Sale of Real Estate – Chapter 21.5(1)(c),(j) Code of Iowa. Se-
conded by Wethal. Mayor Cavanagh stated for the record that the attorney who will
consult with the 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 12:04 a.m. stating that staff had
been given proper direction.
ADJOURNMENT
There being no further business, Mayor Cavanagh declared the meeting adjourned
at 12:05 a.m. Tuesday morning.
/s/Trish L. Gleason, Assistant City Clerk