10 16 23 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:45 p.m. on October 16, 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 a quarterly Sustainable Dubuque update.
1. Sustainable Dubuque Work Session: Director of Sustainability Gina Bell prepared an in-
depth look at the Climate Action Plan as it relates to values City Council holds and actions the
City Council can take. Council participated in an interactive presentation to indicate their priori-
ties within the sustainability department.
There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:25
p.m.
/s/Trish Gleason, Assistant City Clerk
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on October 16, 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
PROCLAMATIONS
1. Keeping the Lights on After School (October 20, 2023) was accepted by Beth McGorry,
Director of Donor Relations, on behalf of St. Mark Youth Enrichment
2. Domestic Violence Awareness Month (October 2023) was accepted by Angela Heister
and Jenny Sheehan, Domestic Violence Victim Advocates, on behalf of Waypoint.
3. Arts and Humanities Month Proclamation (October 2023) was accepted by Arts and Cul-
tural Affairs Coordinator Bonnie Spurling and Nicholas Harder, Arts and Cultural Affairs Advi-
sory Commission Chair.
4. Extra Mile Day (November 1, 2023) was accepted by AmeriCorps Director Heather Sat-
terly of Leisure Services, on behalf of Extra Mile America.
CONSENT
Citizens requested Nos. 5, 8 and 22 be held for separate discussion. Motion by Resnick to
receive and file the documents, adopt the resolutions, and dispose of as indicated except for
item numbers 5, 8, and 22. Seconded by Farber. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council Proceedings of 10/2/23; Zoning Advisory
Commission Minutes of 10/4/23; Proof of Publication of City Council Proceedings of 9/5/23,
9/11/23, 9/12/23, 9/18/23. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Jill Boge for vehicle damage; Mary Burke for vehicle damage;
Linda Irish for vehicle damage; J P Gasway Co Inc for vehicle damage; Lori Meyer for property
damage; Mercy One Medical Center for property damage; Erica Nelson 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:
City Jill Boge for vehicle damage; Mary Burke for vehicle damage; Linda Irish for vehicle
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damage; Lori Meyer for property damage; Erica Nelson for vehicle damage; J P Gasway Co
Inc for vehicle damage. Upon motion the documents were received, filed, and concurred.
4. Notice of Appeal of Claim: Jim Hauber for property damage; Clayton and Nicole Ketchum
for property damage Upon motion the documents were received and filed.
5. Appeal of Claim by Clayton and Nicole Ketchum : City Attorney recommending denial of
an appeal of a claim against the City filed by Clayton and Nicole Ketchum for property damage.
Motion by Resnick to receive and file and concur. Seconded by Jones. Nicole Ketchum spoke
and requested City Council approve the appeal of claim. Motion carried 7-0.
6. Approval of City Expenditures: Upon motion the documents were received and filed, and
Resolution No. 333-23 Authorizing the Chief Financial Officer/City Treasurer to make certain
payments of bills that must be paid and approved for payment in accordance with City proce-
dures was approved.
RESOLUTION NO. 333-23
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
Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that the
Finance Director-City Treasurer shall keep an accurate account of all disbursements, money,
or property, specifying date, to whom, and from what fund paid; and
Whereas, the invoices, presented by those firms and persons providing such goods and
services have been pre-audited by Finance Department personnel in accordance with gener-
ally accepted internal control procedures and have been determined to have been requ isitioned
for a lawful municipal purpose; and
Whereas, the Chief Financial Officer-City Treasurer has provided a list of Expenditures at-
tached 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 Cit y Council ap-
proval and such list is attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA THAT:
Section 1. The 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 a s 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 Finan-
cial Officer are hereby authorized and directed to provide the statement of receipts and dis-
bursements to the City Council, and to publish a summary thereof.
Passed, approved, and adopted this 16th day of October, 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
7. City News Newsletter - November/December 2023: Upon motion the documents were
received and filed.
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8. Dubuque Audubon Society Correspondence and Petition: Motion by Jones to receive and
file the documents. Seconded by Roussell. Ken Kiss from the Dubuque Audubon Society spoke
in favor of retaining grasslands and presented the Evaluation and management of grasslands
at the Dubuque Technology Park for grassland bird diversity Final Report to Council Motion
carried 7-0.
9. Black Heritage Survey Update Work Session originally scheduled for October 16, 2023,
will be rescheduled on a date to be determined. Upon motion the documents were received
and filed.
10. Participation in National League of Cities “City Inclusive Entrepreneurship” Program :
Upon motion the documents were received and filed.
11. Request for Proposals - Consulting Services for an Aerial Photography Project for aerial
orthophotography and LiDAR data collection in the amount of $160,000. Upon motion the doc-
uments were received, filed, and approved.
12. Proposed Amendment to Master Co-location and Shared Services Agreement between
the City of Dubuque and ImOn Communications LLC Data Center: Upon motion the documents
were received, filed, and approved.
13. Request to add a full-time payroll systems analyst and administrator and a fully remote
part-time finance project manager, as well as eliminate a vacant full-time budget financial ana-
lyst and a vacant limited term full-time accountant. Upon motion the documents were received,
filed, and approved.
14. Request to eliminate the 0.25 full-time employee, Lease Management Intern Position
and add a non-exempt (hourly), full-time Confidential Account Clerk position. Upon motion the
documents were received, filed, and approved.
15. Flood Control System Repairs Agreement with the Corps of Engineers to complete flood
control system repairs and authorize the Mayor to affix his signature to the agreement. Upon
motion the documents were received, filed, and approved.
16. First Amendment to Community Development Block Grant (CDBG) Subrecipient Agree-
ment with Mt. Pleasant Home and authorize the Mayor to execute the amendment on behalf of
the City. Upon motion the documents were received and filed, and Resolution No. 334-23 Au-
thorizing the First Amendment to the CDBG Subrecipient Agreement Between the City of Dubu-
que and Mount Pleasant Home was approved.
RESOLUTION NO. 334-23
AUTHORIZING THE FIRST AMENDMENT TO THE CDBG SUBRECIPIENT AGREEMENT
BETWEEN THE CITY OF DUBUQUE AND MOUNT PLEASANT HOME
Whereas, the City of Dubuque and Mount Pleasant Home entered into a CDBG Subrecipient
Agreement dated September 18, 2023 with respect to rehab an existing men’s bathroom to be
ADA-compliant; and
Whereas, the parties desire to modify the Subrecipient Agreement as set out in the First
Amendment to the Subrecipient Agreement attached hereto; and
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Whereas, the Mount Pleasant Home provides services 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 DUBU-
QUE, IOWA:
Section 1. That the First Amendment to the CDBG Subrecipient Agreement be approved.
Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to des-
ignate the City Manager or the Housing and Community Development Department Director to
execute said Amendment and related documents on behalf of the City of Dubuque, Iowa.
Passed, approved, and adopted this 16th day of October 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
17. Approving the Fourth Amendment to Development Agreement between the City of Dubu-
que, Iowa and 210 Jones, LLC: Upon motion the documents were received and filed, and Res-
olution No. 335-23 Approving the Fourth Amendment to Development Agreement Between the
City of Dubuque, Iowa and 210 Jones, LLC was approved.
RESOLUTION 335-23
APPROVING THE FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF DUBUQUE, IOWA AND 210 JONES, LLC
Whereas, City and (Developer) entered into a Development Agreement dated June 19, 2017
(the Agreement), as amended; and
Whereas, the Agreement provides the issuance of Urban Renewal Tax Increment Revenue
Obligations, as provided by Chapter 403 of the Code of Iowa; and
Whereas, City and Developer desire to further amend the Agreement as set forth in the
attached Fourth Amendment to Development Agreement; and
Whereas, the City Council finds that it is in the best interests of the City of Dubuque to
approve the Fourth Amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the Fourth Amendment to Development Agreement between the City of
Dubuque and 210 Jones, LLC, is hereby approved.
Section 2. The Mayor is hereby authorized and directed to execute the Fourth Amendment
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 Fourth Amendment to Development Agreement as herein ap-
proved.
Passed, approved, and adopted this 16th day of October, 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
18. Application Authorization for an Iowa Clean Air Attainment Program (ICAAP) grant for
Smart Traffic Routing with Efficient Traffic Signals (STREETS) Phase II: Upon motion the doc-
uments were received and filed, and Resolution No. 336-23 Authorizing the filing of an Iowa
Clean Air Attainment Program Application with the Iowa Department of Transportation (Iowa
DOT) in partnership with Dubuque Metropolitan Area Transportation Study (DMATS) to assist
with the funding of Smart Traffic Routing with Efficient and Effective Traffic Signals (STREETS)
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Improvements Phase II was approved.
RESOLUTION NO. 336-23
AUTHORIZING THE FILING OF AN IOWA CLEAN AIR ATTAINMENT PROGRAM APPLI-
CATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION (Iowa DOT) IN PART-
NERSHIP WITH DUBUQUE METROPOLITAN AREA TRANSPORTATION STUDY (DMATS)
TO ASSIST WITH THE FUNDING OF SMART TRAFFIC ROUTING WITH EFFICIENT AND
EFFECTIVE TRAFFIC SIGNALS (STREETS) IMPROVEMENTS PHASE II
Whereas, the STREETS project is designed to improve traffic conditions throughout the
Dubuque metro area by distributing traffic more evenly on the region’s major corridors. The
STREETS project will modify the signal timings through a seamless interface between a signal
timing model and signals used in the field; and
Whereas, the City has determined that STREETS project will reduce congestion, shorten
travel times, improve air quality, and improve safety in the metro area. By rerouting traffic on
the roads with extra capacities dynamically, it is expected that the proposed system will reduce
traffic bottlenecks as recommended by the adopted East -West Corridor Study; and
Whereas, the City has implemented Phase I of the STREETS Improvements on several
major corridors and Phase II will expand the implementation to the city’s remaining signalized
corridors; and
Whereas, the City in partnership with DMATS is requesting ICAAP funding in the amount of
$464,700 in Federal Fiscal Year (FFY) 2025 to assist with Phase II implementation; and
Whereas, the City will commit any necessary local matching funding for project implemen-
tation, and upon completion will be responsible for adequate maintaining and operating the
project for public use during the project’s useful life; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA, THAT:
Section 1. The City hereby supports and authorizes the grant application submittal for fund-
ing through the Iowa DOT FFY 2025 ICAAP Program to assist with the funding STREETS
Project Phase II implementation in the Dubuque metro area.
Passed, approved, and adopted this 16th day of October, 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
19. Financial Assistance Award agreement with the U. S. Economic Development Admin-
istration (EDA) and authorizing the City Manager to act as the City’s authorized representative
to secure $7,700,000 in grant funding for the Bee Branch Stormwater Pumping Station Project
(Phase V of the Bee Branch Watershed Flood Mitigation Project). Upon motion the documents
were received and filed, and Resolution No. 337-23 Approving a US Department of Commerce
Economic Development Administration Disaster Relief Opportunity Grant for the Construction
of a New Stormwater Pumping Station at the 16th Street Detention Basin was approved.
RESOLUTION NO. 337-23
APPROVING A U.S. DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMIN-
ISTRATION DISASTER RELIEF OPPORTUNITY GRANT FOR THE CONSTRUCTION OF A
NEW STORMWATER PUMPING STATION AT THE 16TH STREET DETENTION BASIN
Whereas the City Council of the City of Dubuque, Iowa wishes to secure funding through
the Economic Development Administration (EDA), U. S. Department of Commerce Fiscal Year
2018 Disaster Supplemental grant for the construction of a new stormwater pumping statio n at
the 16th Street Detention Basin, and
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Whereas the City Council, adopted Resolution 260-23 authorizing the submission of a grant
application for $7,700,000, and
Whereas, in support of the application for $7,700,000 in grant funding the City Council
pledged the amount of $19,012,000 in local matching funds with $16,412,000 from GO Bonds
and $2,600,000 from a State Revolving Fund loan, if in fact, the Disaster Relief Oppor tunity
grant is awarded by the Economic Development Administration, and
Whereas the City has been awarded $7,700,000 in EDA grant funding EDA has provided a
Financial Assistance Award agreement (Agreement) outlining the terms of the City’s use of the
grant funding, and
Whereas it is in the City’s best interest to enter into the Agreement in order for the City to
receive the $7,700,000 in EDA grant funding for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. The Mayor is hereby authorized to sign the Agreement with EDA securing
$7,700,000 in Economic Development Administration grant funding for the Bee Branch Storm-
water Pumping Station Project.
Section 2. Authorizes the City Manager to act as an authorized representative on the City’s
EDA Fiscal Year 2018 Disaster Supplemental grant and may execute any documents as the
Economic Development Administration may reasonably request.
Passed, approved, and adopted this 16th day of October, 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
20. Acceptance of Grant of Easement for Access and Sidewalk over and across Part of Lot
1 of Lot 9, Block 15, in Scenic View Heights No. 2, in the City of Dubuque, Iowa, from property
owner Chad Ellis (for C Ellis Properties, LLC or CEP) for the extension of the existing sidewalk
on the east side of Miracle League Drive to the Veterans Memorial Park property and the grant-
ing of the appropriate easements along Miracle League Drive. Upon motion the documents
were received and filed, and Resolution No. 338-23 Accepting a Grant of Easement for access
and sidewalk over and across part of Lot 1 of Lot 9, Block 15, in Scenic View Heights No. 2, in
the City of Dubuque, Iowa was approved.
RESOLUTION NO. 338-23
ACCEPTING A GRANT OF EASEMENT FOR ACCESS AND SIDEWALK OVER AND
ACROSS PART OF LOT 1 OF LOT 9, BLOCK 15, IN SCENIC VIEW HEIGHTS NO. 2, IN
THE CITY OF DUBUQUE, IOWA
Whereas, C ELLIS PROPERTIES, LLC has executed a Grant of Easement for Access and
Sidewalk, over and across Part of Lot 1 of Lot 9, Block 15, in Scenic View Heights No. 2, in the
City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts, and
consents to the Grant of Easement for Access and Sidewalk, over and across Part of Lot 1 of
Lot 9, Block 15, in Scenic View Heights No. 2, in the City of Dubuque, Iowa, from C ELLIS
PROPERTIES, LLC, a copy of which is attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments in connection herewith.
Section 3. That the City Clerk be and is hereby authorized and directed to record a certified
copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and
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Dubuque County Auditor.
Passed, approved, and adopted this 16th day of October 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
21. Althauser St. Retaining Wall Repair Project awarded to Tschiggfrie Excavating Co. in
the low bid amount of $144,004.50. Upon motion the documents were received and filed, and
Resolution No. 339-23 Awarding Public Improvement Construction Contract for the Althauser
St. Retaining Wall Repair Project was approved.
RESOLUTION NO. 339-23
AWARDING PUBLIC IMPROVEMENT CONSTRUCTION CONTRACT FOR THE AL-
THAUSER STREET RETAINING WALL REPAIR PROJECT
Whereas, sealed proposals have been submitted by contractors for the Althauser St. Re-
taining Wall Repair Project, (the Project) and Notice to Bidders published on the City of Dubu-
que, Iowa website and plan room service with statewide circulation on the 14t h day of Septem-
ber 2023.
Whereas, said sealed proposals were opened and read on the 28th day of September 2023
and it has been determined that Tschiggfrie Excavating, Co. of Dubuque, IA submitted the low
bid in the amount of $144,004.50, and is the lowest responsive, responsible b idder for the
Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That a Public Improvement Construction Contract for the Project is hereby
awarded to Tschiggfrie Excavating, Co. and the City Manager is hereby directed to execute a
Public Improvement Construction Contract on behalf of the City of Dubuque for the Project.
Passed, adopted, and approved this 16th day of October 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
22. Platting of City Property at 1860 Hawthorne Street, formerly the Bowling and Beyond
Site in the Kerper Boulevard Industrial Park (Union at the Marina, LP Development Agreement):
Mayor Cavanagh stated that the residents wanting to speak on this item really want to speak
at the first Public Hearing on this agenda. Motion by Jones to receive and file and adopt Res-
olution No. 340-23 Approving Plat of Survey of Lot 1-2 And 2-2 of Block 2 in River Front Sub-
division No. 3, in the City of Dubuque, Iowa. Seconded by Wethal. Motion carried 7-0.
RESOLUTION NO. 340-23
APPROVING PLAT OF SURVEY OF LOT 1-2 AND 2-2 OF BLOCK 2 IN RIVER FRONT
SUBDIVISION NO. 3, IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat
dated the 25th day of September 2023, prepared by The City of Dubuque Engineering Depart-
ment, re-platting Lot 2 of Block 2 of in River Front Subdivision No. 3., in t he City of Dubuque,
Iowa, to be hereinafter known as Lot 1 -2 and Lot 2-2 of Block 2 in River Front Subdivision No.
3, in the City of Dubuque, Iowa; and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the plat dated the 25th day of September 2023, prepared by The City of
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Dubuque Engineering Department relative to the real estate hereinabove described be and the
same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized
and directed to execute said plat for and on behalf of the City of Dubuque, Iowa.
Section 2. The City hereby reserves the water main, storm sewer, public utility, storm drain-
age, and flood levee easements as shown on and described in said plat.
Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and
certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa.
Passed, approved, and adopted this 2nd day of October 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
23. Approval of Retail Alcohol Licenses: Upon motion the documents were received and
filed, and Resolution No. 341-23 Approving applications for retail alcohol licenses, as required
by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2
Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was approved.
RESOLUTION NO. 341-23
APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY
CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGU-
LATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE LI-
CENSES AND PERMITS
Whereas, applications for retail alcohol licenses have been submitted and filed with the City
Council for approval, and the same have been examined, provisionally approved, and/or ap-
proved; and
Whereas, the premises to be occupied by such applicants were inspected and found to
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 DUBU-
QUE, 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
VERSUS 2.0 2364 Washington St.
Renewals
Aldi, Inc 30 2160 Holliday Dr.
Baraboo's On Main 345 Main St.
Barrel House Dubuque 299 Main St.
Blend Business Dining 700 Locust. St.
Carlos O'Kelly's Mexican Cafe 1355 Associates Dr
Dimensional Brewing Company 67 Main St.
Dubuque Ice Arena 1800 Admiral Sheehy Dr.
Dusty's Doghouse Lounge 1646 Asbury Rd.
Europa Haus Restaurant & Bierstube 1301 Rhomberg Ave.
Family Dollar Store 32889 2600 Dodge St. Suite D1
Fast Freddy's 3130 Jackson St.
Happy Joe's Old Fashioned Ice Cream & Pizza 855 Century Dr.
Huhot Mongolian Grill 555 John F. Kennedy Rd. #685
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Jumpers Sports Bar & Grill 2600 Dodge St. Suite C
Knickers Saloon 2186 Central Ave.
Kwik Stop 16th St. 300 1215 East 16th St.
Kwik Stop 858 3340 John F. Kennedy RD.
Lina's Lounge 580, 2055 Holliday Dr.
Loras College - Athletic And Wellness Center 1600 Loras College Parkway
Rainbow Lounge 36 West 4th St.
Wicked Dame 214 West. 1st St.
Yen Ching Restaurant 926 Main St.
Special Event(s) per Special Event Application Submittal
Dubuque Jaycees 10-15-23 to 10-19-23 7th & Jackson to 9th & Jackson includes
East 8th to Elm
Passed, approved, and adopted this 16th day of October 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 Sprank. Motion carried 7-0.
1. Second Amendment to Grant Agreement with Virtual Velocity, LLC for the Rehabilitation
of 1199 Central Avenue: Upon motion the documents were received and filed and Resolution
No. 342-23 Fixing the date for a Public Hearing of the City Council of the City of Dubuque, Iowa
on a Second Amendment to Grant Agreement by and between the City of Dubuque, Iowa and
Virtual Velocity, LLC, Including the proposed issuance of Urban Renewal Tax Increment Rev-
enue Obligations relating thereto, and providing for the publication of notice thereof was
adopted setting a public hearing for a meeting to commence at 6:30 p.m. on November 6, 2023
in the Historic Federal Building.
RESOLUTION NO. 342-23
FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA ON A SECOND AMENDMENT TO GRANT AGREEMENT BY AND BE-
TWEEN THE CITY OF DUBUQUE, IOWA AND VIRTUAL VELOCITY, LLC, INCLUDING THE
PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGA-
TIONS RELATING THERETO, AND PROVIDING FOR THE PUBLICATION OF NOTICE
THEREOF
Whereas, City and Virtual Velocity, LLC entered into a Grant Agreement, dated the 3rd day
of October 2022, providing for a Façade Grant, a Planning & Design Grant, a Financial Con-
sultant Grant, and a Housing Creation Grant; and
Whereas, the City Council has tentatively determined that it would be in the best interests of
the City to approve the Second Amendment to Grant Agreement with Virtual Velocity, LLC; and
Whereas, it is deemed necessary and advisable that City should authorize Urban Renewal
Tax Increment Revenue obligations, as provided by Iowa Code Chapter 403, pursuant to the
Second Amendment to Grant Agreement; and
Whereas, before said obligations may be approved, Iowa Code Chapter 403 requires that
the City Clerk publish a notice of the proposal and of the time and place of the meeting at which
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the City Council proposes to take action thereon and at which meeting the City Council shall
receive oral and/or written objections from any resident or property owner of said City to such
proposed action.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause a notice to be published
as prescribed by Iowa Code Section 403.9 of a public hearing on the City's intent to authorize
Urban Renewal Tax Increment Revenue obligations, to be held on the 6th day of November,
2023, at 6:30 o'clock p.m. The official agenda will be posted on Friday, November 3, 2023 and
will contain listening, viewing, and public input options. The City Council agenda may be ac-
cessed at https://cityofdubuque.novusagenda.com/AgendaPublic/ or by contacting the City
Clerk’s Office at 563-589-4100, ctyclerk@cityofdubuque.org.
Section 2. The City Council will meet at said time and place for the purpose of taking action
on the matter of authorizing Urban Renewal Tax Increment Revenue obligations and the exe-
cution of the Second Amendment to Grant Agreement relating thereto with Virtual Veloc ity, LLC
, the proceeds of which obligations will be used to carry out certain of the special financing
activities described in the Urban Renewal Plan for the Greater Downtown Urban Renewal Dis-
trict, consisting of the funding of economic developments grants to Virtual Velocity, LLC pursu-
ant to the Grant Agreement. It is expected that the aggregate amount of the Tax Increment
Revenue obligations to be issued will be approximately $251,082.
Section 3. The Clerk is hereby directed to cause at least one publication to be made of a
notice of said meeting, in a newspaper, printed wholly in the English language, published at
least once weekly, and having general circulation in said City, said publication to be not less
than four days nor more than twenty days before the date of said meeting on the issuance of
said obligations.
Section 4. That the notice of the proposed action to issue said obligations shall be in sub-
stantially the form attached hereto.
Passed, approved, and adopted this 16th day of October, 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
2. Purchase Agreement Approval for Partial Sale of Hendricks Site Property to Dubuque
County and City Purchase of Dubuque County Owned Parking Lot : Upon motion the docu-
ments were received and filed and Resolution No. 343-23 Of Intent to Dispose of an Interest in
Real Property by Deed to Dubuque County, Iowa and Approving the Acquisition Real Property
Owned by Dubuque County, Iowa by the City of Dubuque was adopted setting a public hearing
for a meeting to commence at 6:30 p.m. on November 6, 2023 in the Historic Federal Building.
RESOLUTION NO. 343-23
RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY DEED
TO DUBUQUE COUNTY, IOWA AND APPROVING THE ACQUISITION REAL PROPERTY
OWNED BY DUBUQUE COUNTY, IOWA BY THE CITY OF DUBUQUE
Whereas, the City of Dubuque, Iowa (City) is the owner of the following described real prop-
erty:
City Lots 279, 280, 281, 282, according to the United States Commissioners Map of the
Town of Dubuque, Iowa (the City Property); and
Whereas, Dubuque County is the owner of the following real described property:
City Lot 324 and the South 25’ of City Lot 325 (the County Property); and
Whereas, City and Dubuque County have entered into an agreement (the Purchase
12
Agreement), subject to the approval of the City Council of the City of Dubuque and the Board
of Supervisors of Dubuque County, a copy of which is attached hereto, pursuant to which City
will convey the City Property to Dubuque County and Dubuque County will convey the County
Property to City; and
Whereas, the City Council has tentatively determined that it would be in the best interests of
the City to approve the Purchase Agreement, including the sale of the City Property to Dubuque
County and purchase of the County Property by City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. The City of Dubuque intends to dispose of its interest in the foregoing -described
City Property by Special Warranty Deed to Dubuque County, Iowa.
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a
notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the
City's intent to dispose of the foregoing-described City Property, to be held on the 6th day of
November 2023, at 6:30 o'clock p.m. at the Historic Federal Building, 350 West 6th Street,
Dubuque, Iowa.
Section 3. That the City Council hereby approves the acquisition of the County Property.
Section 4. That the City of Dubuque be and is hereby authorized to accept a Special War-
ranty Deed from Dubuque County For the County Property.
Section 5. That the City Clerk be and is hereby authorized and directed to cause said Special
Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with a
certified copy of this Resolution.
Section 6. That the City Clerk be and is hereby directed to forward a copy of this Resolution
to the Dubuque County Assessor and the Dubuque County Auditor.
Passed, approved, and adopted this 16th day of October 2023.
Brad Cavanagh, Mayor
Attest: Trish Gleason, Assistant City Clerk
3. Resolution of Necessity for the Proposed Urban Renewal Plan for the Emri Urban Re-
newal District: Upon motion the documents were received and filed and Resolution No. 344-23
Authorizing and Directing the City Manager to Prepare an Urban Renewal Plan for the Emri
Urban Renewal District and Setting the Date for a Public Hearing and Consultation on the
Proposed Urban Renewal Plan for Said District was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on November 20, 2023 in the Historic Fe deral Building.
RESOLUTION NO. 344-23
AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN URBAN RE-
NEWAL PLAN FOR THE EMRI URBAN RENEWAL DISTRICT AND SETTING THE DATE
FOR A PUBLIC HEARING AND CONSULTATION ON THE PROPOSED URBAN RENEWAL
PLAN FOR SAID DISTRICT
Whereas, the City Council has determined that the active development of vacant property
for low-income and mixed-income housing is a beneficial use that will enhance the City's on-
going economic development efforts; and
Whereas, the City Council has determined that the area described in Section 1 below meets
the definitions of an economic development area as defined in Chapter 403 “Urban Renewal”
of the Iowa Code; and
Whereas, a significant need for affordable and mixed-income housing units exists in the
community and local resources are needed to advance the development; and
Whereas, Iowa Code Chapter 403 requires that before urban renewal authority may be
13
exercised, the City Council must adopt a resolution of necessity finding that the area in question
is a slum, blighted or economic development area, and that so designating such area is nec-
essary in the interest of the public health, safety, or welfare of the residents of the municipality.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the following described area is an economic development area as defined
by Chapter 403 of the Iowa Code and is appropriate for an urban renewal project, to wit:
Lot 2 of Pizza Ranch Place, and all that part of the Right of Way of Radford Road adjacent
to said Lot 2
All in the City of Dubuque, Iowa, hereinafter called the Emri Economic Development Dis-
trict.
Section 2. That the development of the Emri Economic Development District is necessary
and appropriate to facilitate the proper growth and development of the community in accord-
ance with sound planning and local community objectives.
Section 3. That the development of the Emri Economic Development District will provide
new opportunities for quality housing in the community.
Section 4. That the City Manager is authorized and directed to prepare an Urban Renewal
Plan for the Emri Economic Development District, to forward said Plan to the City's Long Range
Planning Commission for review and comment and to begin the consultation process req uired
by law with affected taxing entities.
Section 5. That the City Clerk is directed to publish notice of a public hearing on the adoption
of an Urban Renewal Plan for the Emri Economic Development District to be held on the 20th
day of November, 2023, at 6:30 p.m. in the form attached hereto.
Section 6. That the City Clerk is further directed to send by ordinary mail a copy of the
proposed Urban Renewal Plan, the notice of public hearing, a notice of consultation to the
Dubuque Community School District Board of Education and Dubuque County Board of Su-
pervisors, as the affected taxing entities.
Passed, approved, and adopted this 16th day of October, 2020.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
BOARDS/COMMISSIONS
Applications were reviewed for the following Boards and Commissions. Applicants were in-
vited to address the City Council regarding their desire to serve on the following Boards/Com-
missions.
1. Investment Oversight Advisory Commission: One, 3-Year Term through July 1, 2026 (Va-
cant Term of Lassance) Applicant: Daniel Garza, 2110 Rhomberg Ave.
PUBLIC HEARINGS
1. Proof of publication on notice of public hearing to consider approval of a request from
Derek Hays, The Annex Group to rezone property located at 1860 Hawthorne Street from CR
Commercial Recreational to Planned Unit Development with PR - Planned Residential desig-
nation and Zoning Advisory Commission recommending approval. 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 Wethal. Motion carried 7-0.
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Planning Services Director Wally Wernimont provided a staff presentation. Citizens: Robin
Kennicker, Sandy Plumley, Monte Thorp, and Margaret Owens, all spoke in opposition to the
proposed rezoning request. Rick Dickinson, President and CEO of Greater Dubuque Develop-
ment Corp. and Darik Hase, Developer, each spoke in favor of the rezoning request.
Motion by Jones for final consideration and passage of Ordinance No. 45-23 Amending Title
16 of the Unified Development Code of the City of Dubuque Code of Ordinances by Reclassi-
fying the Hereinafter Described Property Located Along Hawthorne Street and Kerper Boule-
vard within the City of Dubuque from CR Commercial Recreation to Planned Unit Development
with PR-Planned Residential Designation. Seconded by Wethal. Motion carried 7-0.
ORDINANCE NO. 45 - 23
AMENDING TITLE 16 OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBU-
QUE CODE OF ORDINANCES BY RECLASSIFYING THE HEREINAFTER DESCRIBED
PROPERTY LOCATED ALONG HAWTHORNE STREET AND KERPER BOULEVARD
WITHIN THE CITY OF DUBUQUE FROM CR COMMERCIAL RECREATION TO PLANNED
UNIT DEVELOPMENT WITH PR-PLANNED RESIDENTIAL DESIGNATION
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That Title 16 of the Unified Development Code of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying the hereinafter -described property from CR
Commercial Recreation to Planned Unit Development District with a PR Planned Re sidential
District designation, and adopting a conceptual development plan, a copy of which is attached
to and made a part hereof, is hereby adopted and approved for the following described prop-
erty, to wit:
The portion of Lot 2 Block 2 of River Front Subdivision No. 3 and to the centerline of the
adjoining public right-of-way, all in the City of Dubuque, Iowa as shown in Exhibit A.
A. Use Regulations - The following regulations shall apply to all uses made of land in the
above-described PR Planned Residential District:
1. Principal permitted use shall be limited to two (2) four -story multi-family residential
buildings containing a total of 201 residential units.
2. Accessory uses shall include any use customarily incidental and subordinate to the
principal use it serves.
B. Lot and Bulk Regulations- Development of land in the PR Planned Residential District
shall be regulated as follows:
1. Buildings setbacks shall be located in substantial conformance with the approved con-
ceptual development plan.
2. Maximum building height of 50 feet shall be allowed in this Planned Residential District.
C. Performance Standards - The development and maintenance of uses in this PR Planned
Residential District shall be regulated as follows:
1. Parking Regulations
a. All vehicle-related features shall be surfaced with either asphalt or concrete.
b. Curbing and proper surface drainage of storm water shall be provided.
c. All parking and loading spaces shall be delineated on the surfacing material by
painted stripes or other permanent means.
d. That total number of parking spaces shall be provided in substantial compliance with
the approved Conceptual Development Plan. The spaces may be a combination of
off-street spaces and on-street spaces (Hawthorne Street) in accordance with the
approved Conceptual Development Plan.
e. The size and design of parking spaces shall be governed by applicable provisions
15
of the Unified Development Code Section 13-3 Site Development Regulations.
f. The number, size, design, and location of parking spaces designated for persons
with disabilities shall be according to the local, state, or federal requirements in ef-
fect at the time of development.
g. Bicycle parking shall be provided in accordance with the Unified Development Code
Section 14-9 Bicycle Parking Required.
2. Site Lighting
a. Exterior illumination of site features shall be limited to the illumination of the follow-
ing:
i. Parking areas, driveways, and loading facilities.
ii. Pedestrian walkway surfaces and entrances to building.
iii. Building exterior.
b. Location and Design
i. No light source shall provide illumination onto adjacent lots, buildings, or streets
in excess of 1.0-foot candle.
ii. All exterior lighting luminaries shall be designed and installed to shield light from
the luminaries at angles above 72-degrees from vertical.
iii. Fixtures mounted on a building shall not be positioned higher than the roofline of
the building.
iv. All electrical service lines to posts and fixtures shall be underground and con-
cealed inside the posts.
3. Landscaping - Landscaping shall be provided in substantial compliance with the Con-
ceptual Landscape Plan which is attached hereto.
4. Storm Water Management - The developer shall be responsible for providing surface
or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to
flow line of open drainageways outside the lot in a means that is satisfactory to the
Engineering Department of the City of Dubuque. Other applicable regulations enforced
by the City of Dubuque relative to storm water management and drainage shall apply.
5. Exterior Trash Collection Areas
a. The storage of trash and debris shall be limited to that produced by the principal
permitted use and accessory uses on the lot.
b. All exterior trash collection areas and the material contained therein shall be visually
screened from view. The screening shall be completely opaque fence, wall, or other
feature not exceeding 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. Exposed materials used to construct the opaque screen
shall be similar in appearance to materials used for exterior building walls. All ext e-
rior entrances to a screened trash area shall be provided with a gate or door of
similar design to that of the screen. If a 10-foot height screen fails to shield the
exterior trash collection area from view from the adjacent public right -of-way and
neighboring properties, evergreen plantings may be required in addition to the
screening. Evergreen plant material shall be selected and designed so that they
screen the area from all off-site visibility within five (5) years.
6. Open Space - Open space in the PR Planned Residential District shall be provided in
substantial compliance with the approved Conceptual Development Plan and Concep-
tual Landscape Plan.
7. Platting - Subdivision plats and improvement plans shall be submitted in accordance
with Article 11 Land Subdivision, of the City of Dubuque Unified Development Code.
8. Site Plans - Final site development plans shall be submitted in accordance with Article
16
12 Site Plans and Article 13 Site Design Standards prior to construction of each build-
ing and vehicle-related feature unless otherwise exempted by Article 12.
D. Sign Regulations
1. Signs in the Planned Residential District shall be regulated in accordance with the R -4
Multi-Family Residential Zoning District sign regulations, Section 16-15-11.1 of the Uni-
fied Development Code.
2. Variance requests from sign requirements for size, number, and height shall be re-
viewed by the Zoning Board of Adjustment in accordance with Section 16 -8-6 of the
Unified Development Code.
E. Other Codes and Regulations
1. Service Lines. All electric, telephone, cable, or other similar utility lines serving the
building and other site features shall be located underground.
2. The use of semi-trailers and shipping containers for storage is prohibited.
3. These regulations do not relieve the owner from other applicable city, county, state, or
federal codes, regulations, laws, and other controls relative to the planning, construc-
tion, operation, and management of property within the City of Dubuque.
F. Transfer of Ownership - Transfer of ownership or lease of property in this PR Planned
Residential District shall include the transfer or lease agreement a provision that the pur-
chaser or lessee acknowledges awareness of the conditions authorizing the establish-
ment of the district.
G. Modifications - Any modifications of this Ordinance must be approved by the City Council
in accordance with zoning reclassification proceedings of Article 9-5 of the Unified Devel-
opment Code.
H. Occupancy Permits - No occupancy permit shall be issued by the City of Dubuque for
property included in the subject planned unit development district until full compliance
with this ordinance has been achieved.
I. Recording - A copy of this ordinance shall be recorded at the expense of the property
owner(s) with the Dubuque County Recorder a permanent record of the conditions ac-
cepted as part of this reclassification approval within thirty (30) days after the adoption of
this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs,
successors, and assigns.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. The foregoing amendment shall take effect upon publication, as provided by law.
Passed, approved, and adopted this 16th day of October 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
2. Proof of Publication on notice of public hearing to consider approving a Development
Agreement by and between the City of Dubuque, Iowa and Union at the Marina, LP providing
for the sale of city-owned real estate to Union at the Marina, LP, and the issuance of Urban
Renewal Tax Increment Revenue Grant Obligations pursuant to the Development Agreement
and City Manager recommending approval. Motion by Resnick to receive and file the docu-
ments and adopt Resolution No. 345-23 Approving the Disposal of an Interest in Real Property
Owned by the City of Dubuque by Sale Pursuant to a Development Agreement with Union at
the Marina, LP. Seconded by Farber. Motion carried 7-0.
RESOLUTION NO. 345-23
APPROVING THE DISPOSAL OF AN INTEREST IN REAL PROPERTY OWNED BY THE
17
CITY OF DUBUQUE BY SALE PURSUANT TO A DEVELOPMENT AGREEMENT WITH UN-
ION AT THE MARINA, LP
Whereas, the City Council of Dubuque, Iowa, did on June 5, 2023 adopt an Amended and
Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District (“the Plan”)
for the Urban Renewal Area described therein; and
Whereas, the City of Dubuque, Iowa, is interested in stimulating reinvestment in the Greater
Downtown Urban Renewal District; and
Whereas, the Plan provides, among other things, for the disposition of properties for private
development purposes; and
Whereas, Union at the Marina, LP submitted to the City a proposal in the form of an offer to
purchase (the “Development Agreement”) for the purchase of certain City -owned real property
hereinafter described (“the Property”), which Development Agreement proposes U nion at the
Marina, LP will undertake the purchase of property located at the corner of Kerper Boulevard
and Hawthorne Street as described therein, which Property is the real estate consisting of ap-
proximately 5.25 acres shown on Exhibit A, and which Development Agreement requests that
this Property be made available for sale as rapidly as possible; and
Whereas, Iowa Code Chapter 403 authorizes cities to dispose of property in furtherance of
an urban renewal project and to take other actions as may be necessary to carry out the pur-
poses of said Chapter, and the Plan similarly authorizes the City to dispose of pr operty; and
Whereas, in compliance with Iowa Code Section 403.8, and to the extent required by law,
Iowa Code Section 364.7, the City Council has set forth its proposal to dispose of its interests
in the Property and the City Clerk published a notice on May 19, 2023 as required by law
soliciting competitive proposals for the Property; and
Whereas, as of 10:00 a.m. on October 16, 2023 the City Clerk received no competitive pro-
posals for the Property; and
Whereas, the City Council believes it is in the best interest of the City of Dubuque to approve
the Development Agreement proposed by Union at the Marina, LP and the sale of the Property
as provided in the Development Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. The Council finds that the transfer of the Property will promote the purposes of
the urban renewal law, Iowa Code Ch. 403 in the City and, together with the other consideration
provided for in the Agreement, that these benefits constitute fair value for th e City’s disposal of
interests in the Property under Iowa Code Section 403.8.
Section 2. The Development Agreement between the City and Union at the Marina, LP in-
cluding the sale of the Property as provided therein, is hereby approved.
Section 3. The Mayor is authorized and directed to execute said Development Agreement
on behalf of the City of Dubuque.
Passed, approved, and adopted this 16th day of October, 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
3. Proof of Publication on notice of public hearing to consider Fifth Amendment to Develop-
ment Agreement by and between the City of Dubuque, Iowa and Port of Dubuque LLC and City
Manager recommending approval. Motion by Roussell to receive and file the documents and
adopt Resolution No. 346-23 Approving the Fifth Amendment to Development Agreement Be-
tween the City of Dubuque, Iowa, and Port of Dubuque LLC, Including the Proposed Issuance
of Urban Renewal Tax Increment Revenue Obligations Relating Thereto, and Providing for the
Publication of Notice Thereof. Economic Development Director Jill Connors responded to
18
questions from the Council. Seconded by Sprank. Motion carried 7-0.
RESOLUTION NO. 346-23
APPROVING THE FIFTH AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF DUBUQUE, IOWA, AND PORT OF DUBUQUE LLC, INCLUDING THE PROPOSED
ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS RELAT-
ING THERETO, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City) and Merge, LLC entered into a Development
Agreement dated the 18th day of November, 2019, as amended, which provided among other
things for the issuance of urban renewal tax increment revenue grant obligations (the Grants);
and
Whereas, Merge, LLC assigned the Development Agreement to Port of Dubuque, LLC on
the 13th day of February, 2020, with the consent of City; and
Whereas, City and Port of Dubuque, LLC. now desire to further amend the Development
Agreement as set forth in the attached Fifth Amendment, subject to the approval of the City
Council; and
Whereas, the City Council has tentatively determined that it would be in the best interests of
City to approve the Fifth Amendment to Development Agreement; and
Whereas, before said Fifth Amendment may be approved, Chapter 403 of the Code of Iowa
requires that the City Clerk publish a notice of the proposal and of the time and place of the
meeting at which the City Council proposes to take action thereon and at wh ich meeting the
City Council shall receive oral and/or written objections from any resident or property owner of
said City to such proposed action.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the Fifth Amendment to Development Agreement by and Between the City
of Dubuque, Iowa and Port of Dubuque 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 Fifth Amendment
to Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized
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 Fifth Amendment to Development Agreement as herein approved.
Passed, approved, and adopted this 16th day of October, 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
4. Proof of Publication on notice of public hearing to consider the First Amendment to Grant
Agreement with Nia Neighborhoods Opportunity Zone Fund, LLC and City Manager recom-
mending approval. Motion by Roussell to receive and file the documents and adopt Resolution
No. 347-23 Approving a First Amendment to Grant Agreement by and Between the City of
Dubuque, Iowa, and Nia Neighborhoods Opportunity Zone Fund, LLC Including the Issuance
of Urban Tax Increment Revenue Obligations. Seconded by Farber. Motion carried 7-0.
RESOLUTION NO. 347-23
APPROVING A FIRST AMENDMENT TO GRANT AGREEMENT BY AND BETWEEN THE
CITY OF DUBUQUE, IOWA, AND NIA NEIGHBORHOODS OPPORTUNITY ZONE FUND,
LLC INCLUDING THE ISSUANCE OF URBAN TAX INCREMENT REVENUE OBLIGATIONS
whereas, the City of Dubuque and Nia Neighborhoods Opportunity Zone Fund, LLC, entered
19
into a Grant Agreement dated August 7, 2023; and
whereas, the City Council, by Resolution No. 328-23, dated October 2, 2023, declared its
intent to approve a First Amendment to Grant Agreement by and between the City of Dubuque,
Iowa, and Nia Neighborhoods Opportunity Zone Fund, LLC, including the issuance of U rban
Renewal Tax Increment Revenue Obligations; and
Whereas, pursuant to published notice, a public hearing was held on the proposed First
Amendment to Grant Agreement on October 16, 2023 at 6:30 p.m.; and
Whereas, it is the determination of the City Council that approval of the First Amendment to
Grant Agreement for redevelopment of the Property by Nia Neighborhoods Opportunity Zone
Fund, LLC, according to the terms and conditions set out in the Grant Agreement, i s in the
public interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the First Amendment to Grant Agreement by and between the City of Dubu-
que, Iowa, and Nia Neighborhoods Opportunity Zone Fund, 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 First Amendment
to Grant 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 First Amendment to Agreement as herein approved.
Passed, approved, and adopted this 16th day of October, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
5. Proof of Publication on notice of public hearing to consider Fiscal Year 2024 First Budget
Amendment and City Manager recommending approval. Motion by Jones to receive and file
the documents and adopt Resolution No. 348-23 Amending the Current Budget for Fiscal Year
Ending June 2024 (As Last Certified or Amended on 3 -23-23). Seconded by Sprank. Motion
carried 7-0.
PUBLIC INPUT
Jenny Peterson Brant spoke regarding action item no. 4. Americans for the Arts’ Arts &
Economic Prosperity VI Study Results Notification .
ACTION ITEMS
1. Public Health Director Mary Rose Corrigan presented information on current COVID-19
strains along with updates on other communicable diseases and public health issues of interest
for Fall, 2023. Motion by Resnick to receive and file the documents and listen to presentation.
Seconded by Jones. Motion carried 7-0.
2. U.S. Hwy 20 and Devon Dr. Frontage Road Project Award ed to Midwest Concrete, Inc.
for $17,879.44. Motion by Roussell to receive and file the documents and adopt Resolution No.
349-23 Awarding Public Improvement Construction Contract for the U.S. Hwy 20 and Devon
Drive Frontage Road Project. Seconded by Sprank. Motion carried 7-0.
20
RESOLUTION NO. 349-23
AWARDING PUBLIC IMPROVEMENT CONSTRUCTION CONTRACT FOR THE U.S. HWY
20 AND DEVON DRIVE FRONTAGE ROAD PROJECT
Whereas, sealed informal proposals have been submitted by contractors for the U.S. Hwy
20 and Devon Drive Frontage Road Project., (the Project) and Notice to Bidders published on
the City of Dubuque, Iowa website on the 2nd day of October 2023; and
Whereas, said sealed proposals were opened and read on the 6th day of October 2023 and
it has been determined that Midwest Concrete, Inc. of Peosta, IA submitted the low bid in the
amount of $17,879.44, and is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That a Public Improvement Construction Contract for the Project is hereby
awarded to Midwest Concrete, Inc. and the City Manager is hereby directed to execute a Public
Improvement Construction Contract on behalf of the City of Dubuque for the Project.
Passed, adopted, and approved this 16th day of October, 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
3. Sustainable Dubuque Community Grant Program Recommendation Round 28 at a total
funding amount of $9,950.00. Motion by Sprank to receive and file the documents and adopt
Resolution No. 350-23 Awarding Sustainable Dubuque Grant to Bryant Elementary and Reso-
lution No. 351-23 Awarding Sustainable Dubuque Grant to Danielle Stowell and Resolution No.
352-23 Awarding Sustainable Dubuque Grant to Dubuque Community School District and Res-
olution No. 353-23 Awarding Sustainable Dubuque Grant to Dubuque Rescue Mission Garden.
Seconded by Wethal. Motion carried 7-0.
RESOLUTION NO. 350 - 23
AWARDING SUSTAINABLE DUBUQUE GRANT TO BRYANT ELEMENTARY
Whereas, the City Council adopts goals on an annual basis; and
Whereas, sustainability first appeared as a City Council goal in 2006; and
Whereas, in 2010 the City Council adopted the Dubuque Greenhouse Gas (GHG) Inventory,
the first step in developing a Climate Action Plan (CAP) for Dubuque; and
Whereas, the inventory measured gases emitted by City operations for the baseline year
2003, and again for 2007, and predicted future emissions if business as usual occurred, and
provided the City a tool to set emission reduction targets to improve and maintain h ealthy air
quality; and
Whereas, a 2014 update to the GHG inventory revealed that the community had reduced
their GHG emissions 11% since 2003, and
Whereas, the 2019 update to the GHG inventory reported a 27% reduction in GHG emis-
sions since 2003; and
Whereas, the City Council adopted “The 50% by 2030 Plan” in 2013, and updated the plan
in 2020, as a non-binding, voluntary effort to identify opportunities to reduce Dubuque’s com-
munity greenhouse gas emissions; and
Whereas, The 50% by 2030 Plan is used in the following ways:
• Informing officials during goal-setting and budget decisions,
• Informing businesses and individuals about potential emission and cost-saving options,
• Showcasing success stories,
• Providing a roadmap that can be added to or adjusted, and
21
• Exposing from where Dubuque’s GHG emissions really come; and
Whereas, sustainability has remained a goal; and
Whereas, the City Council in 2022 reaffirmed its commitment to sustainability by adopting
the specific goal, “Sustainable Environment: Preserving and Enhancing Natural Resources”;
and
Whereas, the City Council in 2022 reaffirmed its commitment to sustainability through part-
nerships by adopting the specific goal, “Partnership for a Better Dubuque: Building Our Com-
munity that is Viable, Livable, and Equitable”; and
Whereas, the City Council in 2022 reaffirmed its commitment to sustainability by adopting
the specific goal, Livable Neighborhoods and Housing: Great Place to Live”; and
Whereas, the Sustainable Dubuque Grant program is the intersection of the City’s goals
related to sustainability, equity, viability, partnerships, and the creation of housing, which is
livable, affordable, and sustainable; and
Whereas, the Sustainable Dubuque Grant program meets the needs of the Dubuque com-
munity’s vision for sustainability; and
Whereas, efforts which address a Sustainable Dubuque principle and offer a community
engagement activity or community education activity benefit the entirety of the community and
the specifically adopted goals of the City Council; and
Whereas, the grant recipients shall purchase native plants, trees, and garden materials to
create new educational and environmentally friendly spaces for hands -on learning opportuni-
ties; and
Whereas, the City Council believes it is in the best interest of the City of Dubuque to further
sustainability efforts in the community for the benefit of all residents and visitors.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. The City Council hereby awards a Sustainable Dubuque Grant to Bryant Elemen-
tary.
Section 2. The City Manager or his designee shall enter into a grant agreement with Bryant
Elementary and shall ensure compliance with the grant agreement pursuant to Iowa Code and
the grant award requirements.
Passed, approved, and adopted this 16th day of October 2023.
Brad Cavanagh, Mayor
Attest: Trish Gleason, Assistant City Clerk
RESOLUTION NO. 351 - 23
AWARDING SUSTAINABLE DUBUQUE GRANT TO DANIELLE STOWELL
Whereas, the City Council adopts goals on an annual basis; and
Whereas, sustainability first appeared as a City Council goal in 2006; and
Whereas, in 2010 the City Council adopted the Dubuque Greenhouse Gas (GHG) Inventory,
the first step in developing a Climate Action Plan (CAP) for Dubuque; and
Whereas, the inventory measured gases emitted by City operations for the baseline year
2003, and again for 2007, and predicted future emissions if business as usual occurred, and
provided the City a tool to set emission reduction targets to improve and maintain h ealthy air
quality; and
Whereas, a 2014 update to the GHG inventory revealed that the community had reduced
their GHG emissions 11% since 2003, and
Whereas, the 2019 update to the GHG inventory reported a 27% reduction in GHG emis-
sions since 2003; and
22
Whereas, the City Council adopted “The 50% by 2030 Plan” in 2013, and updated the plan
in 2020, as a non-binding, voluntary effort to identify opportunities to reduce Dubuque’s com-
munity greenhouse gas emissions; and
Whereas, The 50% by 2030 Plan is used in the following ways:
• Informing officials during goal-setting and budget decisions,
• Informing businesses and individuals about potential emission and cost-saving options,
• Showcasing success stories,
• Providing a roadmap that can be added to or adjusted, and
• Exposing from where Dubuque’s GHG emissions really come; and
Whereas, sustainability has remained a goal; and
Whereas, the City Council in 2022 reaffirmed its commitment to sustainability by adopting
the specific goal, “Sustainable Environment: Preserving and Enhancing Natural Resources”;
and
Whereas, the City Council in 2022 reaffirmed its commitment to sustainability through part-
nerships by adopting the specific goal, “Partnership for a Better Dubuque: Building Our Com-
munity that is Viable, Livable, and Equitable”; and
Whereas, the City Council in 2022 reaffirmed its commitment to sustainability by adopting
the specific goal, Livable Neighborhoods and Housing: Great Place to Live”; and
Whereas, the Sustainable Dubuque Grant program is the intersection of the City’s goals
related to sustainability, equity, viability, partnerships, and the creation of housing, which is
livable, affordable, and sustainable; and
Whereas, the Sustainable Dubuque Grant program meets the needs of the Dubuque com-
munity’s vision for sustainability; and
Whereas, efforts which address a Sustainable Dubuque principle and offer a community
engagement activity or community education activity benefit the entirety of the community and
the specifically adopted goals of the City Council; and
Whereas, the grant recipients shall create a 501c3 entity to serve as a fiscal sponsor for
local food and farm entrepreneurs to receive charitable funds by purchasing and filing a tax -
exempt application and brand design and administration costs; and
Whereas, the City Council believes it is in the best interest of the City of Dubuque to further
sustainability efforts in the community for the benefit of all residents and visitors.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. The City Council hereby awards a Sustainable Dubuque Grant to Danielle Stow-
ell.
Section 2. The City Manager or his designee shall enter into a grant agreement with Danielle
Stowell and shall ensure compliance with the grant agreement pursuant to Iowa Code and the
grant award requirements.
Passed, approved, and adopted this 16th day of October 2023.
Brad Cavanagh, Mayor
Attest: Trish Gleason, Assistant City Clerk
RESOLUTION NO. 352- 23
AWARDING SUSTAINABLE DUBUQUE GRANT TO DUBUQUE COMMUNITY SCHOOL
DISTRICT
Whereas, the City Council adopts goals on an annual basis; and
Whereas, sustainability first appeared as a City Council goal in 2006; and
Whereas, in 2010 the City Council adopted the Dubuque Greenhouse Gas (GHG) Inventory,
23
the first step in developing a Climate Action Plan (CAP) for Dubuque; and
Whereas, the inventory measured gases emitted by City operations for the baseline year
2003, and again for 2007, and predicted future emissions if business as usual occurred, and
provided the City a tool to set emission reduction targets to improve and maintain h ealthy air
quality; and
Whereas, a 2014 update to the GHG inventory revealed that the community had reduced
their GHG emissions 11% since 2003, and
Whereas, the 2019 update to the GHG inventory reported a 27% reduction in GHG emis-
sions since 2003; and
Whereas, the City Council adopted “The 50% by 2030 Plan” in 2013, and updated the plan
in 2020, as a non-binding, voluntary effort to identify opportunities to reduce Dubuque’s com-
munity greenhouse gas emissions; and
Whereas, The 50% by 2030 Plan is used in the following ways:
• Informing officials during goal-setting and budget decisions,
• Informing businesses and individuals about potential emission and cost-saving options,
• Showcasing success stories,
• Providing a roadmap that can be added to or adjusted, and
• Exposing from where Dubuque’s GHG emissions really come; and
Whereas, sustainability has remained a goal; and
Whereas, the City Council in 2022 reaffirmed its commitment to sustainability by adopting
the specific goal, “Sustainable Environment: Preserving and Enhancing Natural Resources”;
and
Whereas, the City Council in 2022 reaffirmed its commitment to sustainability through part-
nerships by adopting the specific goal, “Partnership for a Better Dubuque: Building Our Com-
munity that is Viable, Livable, and Equitable”; and
Whereas, the City Council in 2022 reaffirmed its commitment to sustainability by adopting
the specific goal, Livable Neighborhoods and Housing: Great Place to Live”; and
Whereas, the Sustainable Dubuque Grant program is the intersection of the City’s goals
related to sustainability, equity, viability, partnerships, and the creation of housing, which is
livable, affordable, and sustainable; and
Whereas, the Sustainable Dubuque Grant program meets the needs of the Dubuque com-
munity’s vision for sustainability; and
Whereas, efforts which address a Sustainable Dubuque principle and offer a community
engagement activity or community education activity benefit the entirety of the community and
the specifically adopted goals of the City Council; and
Whereas, the grant recipients shall purchase fourteen handheld air quality monitors to foster
education and independent research on the impacts of air quality on human health; and
Whereas, the City Council believes it is in the best interest of the City of Dubuque to further
sustainability efforts in the community for the benefit of all residents and visitors.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. The City Council hereby awards a Sustainable Dubuque Grant to the Dubuque
Community School District.
Section 2. The City Manager or his designee shall enter into a grant agreement with the
Dubuque Community School District and shall ensure compliance with the grant agreement
pursuant to Iowa Code and the grant award requirements.
Passed, approved, and adopted this 16th day of October 2023.
Brad Cavanagh, Mayor
24
Attest: Trish Gleason, Assistant City Clerk
RESOLUTION NO. 353 - 23
AWARDING SUSTAINABLE DUBUQUE GRANT TO DUBUQUE RESCUE MISSION GAR-
DEN
Whereas, the City Council adopts goals on an annual basis; and
Whereas, sustainability first appeared as a City Council goal in 2006; and
Whereas, in 2010 the City Council adopted the Dubuque Greenhouse Gas (GHG) Inventory,
the first step in developing a Climate Action Plan (CAP) for Dubuque; and
Whereas, the inventory measured gases emitted by City operations for the baseline year
2003, and again for 2007, and predicted future emissions if business as usual occurred, and
provided the City a tool to set emission reduction targets to improve and maintain h ealthy air
quality; and
Whereas, a 2014 update to the GHG inventory revealed that the community had reduced
their GHG emissions 11% since 2003, and
Whereas, the 2019 update to the GHG inventory reported a 27% reduction in GHG emis-
sions since 2003; and
Whereas, the City Council adopted “The 50% by 2030 Plan” in 2013, and updated the plan
in 2020, as a non-binding, voluntary effort to identify opportunities to reduce Dubuque’s com-
munity greenhouse gas emissions; and
Whereas, The 50% by 2030 Plan is used in the following ways:
• Informing officials during goal-setting and budget decisions,
• Informing businesses and individuals about potential emission and cost-saving options,
• Showcasing success stories,
• Providing a roadmap that can be added to or adjusted, and
• Exposing from where Dubuque’s GHG emissions really come; and
Whereas, sustainability has remained a goal; and
Whereas, the City Council in 2022 reaffirmed its commitment to sustainability by adopting
the specific goal, “Sustainable Environment: Preserving and Enhancing Natural Resources”;
and
Whereas, the City Council in 2022 reaffirmed its commitment to sustainability through part-
nerships by adopting the specific goal, “Partnership for a Better Dubuque: Building Our Com-
munity that is Viable, Livable, and Equitable”; and
Whereas, the City Council in 2022 reaffirmed its commitment to sustainability by adopting
the specific goal, Livable Neighborhoods and Housing: Great Place to Live”; and
Whereas, the Sustainable Dubuque Grant program is the intersection of the City’s goals
related to sustainability, equity, viability, partnerships, and the creation of housing, which is
livable, affordable, and sustainable; and
Whereas, the Sustainable Dubuque Grant program meets the needs of the Dubuque com-
munity’s vision for sustainability; and
Whereas, efforts which address a Sustainable Dubuque principle and offer a community
engagement activity or community education activity benefit the entirety of the community and
the specifically adopted goals of the City Council; and
Whereas, the grant recipients shall purchase concrete pavers and installation materials for
the greenhouse to deter pests and retain heat, creating a more environmental and economical
solution to increase food capacity; and
Whereas, the City Council believes it is in the best interest of the City of Dubuque to further
sustainability efforts in the community for the benefit of all residents and visitors.
25
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. The City Council hereby awards a Sustainable Dubuque Grant to Dubuque Res-
cue Mission Garden.
Section 2. The City Manager or his designee shall enter into a grant agreement with Dubu-
que Rescue Mission Garden and shall ensure compliance with the grant agreement pursuant
to Iowa Code and the grant award requirements.
Passed, approved, and adopted this 16th day of October 2023.
Brad Cavanagh, Mayor
Attest: Trish Gleason, Assistant City Clerk
4. Americans for the Arts’ Arts & Economic Prosperity VI Study Results Notification: Motion
by Roussell to receive and file the documents. Seconded by Wethal. Motion carried 7-0.
5. Cori Burbach, Assistant City Manager of Dubuque IA, recently received the Credentialed
Manager designation from ICMA, the International City/County Management Association . Mo-
tion by Roussell to receive and file the documents and congratulate. Seconded by Sprank.
Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Sprank attended the 3rd annual Black Business Expo, Fashion Show at
the Q Casino. Attended a Community Day at Chaplin Schmitt Island hosted by the Dubuque
Racing Association (DRA).
Council Member Jones was a customer who had to get a sewer line replaced and compli-
mented staff on their knowledge and professionalism. Additionally reported that former Mayor
Roy Buol was impressed with the Developing Dubuque video series created by Multimedia
Specialist Felicia Carner and starring current Mayor Brad Cavanagh.
Council Member Wethal attended Central Curb Staging Storefronts event.
Council Member Farber also attended the Central Curb Staging Storefronts event.
Council Member Resnick reminded everyone that this is the 65th anniversary of the Dubu-
que Symphony Orchestra.
Council Member Roussell attended the Developers Roundtable and thanked the League of
Women Voters for sponsoring a recent candidate forum.
Council Member Cavanagh attended the graduation of City Life Class in Spanish.
CLOSED SESSION
Motion by Jones to convene in closed session at 9:13 p.m. to discuss Pending Litigation and
Purchase or Sale of Real Estate – Chapter 21.5(1) (a), (c), (j) Code of Iowa. Seconded by
Resnick. Motion carried 7-0.
The Mayor stated for the record that the attorney who will consult with City Council on the
issues to be discussed in the closed session is City Attorney Brumwell.
There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:46
p.m.
/s/Trish Gleason, Assistant City Clerk