11 20 23 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:30 p.m. on November 20, 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 to receive an update on the Smart Traffic Routing
with Efficient & Effective Traffic System (STREETS).
WORK SESSION
Smart Traffic Routing with Efficient & Effective Traffic System (STREETS)
Chandra Ravada, Director of Transportation, Planning, and Transit Services for the East
Central Intergovernmental Association (ECIA) made introductory remarks. Joseph Brahm, Pro-
ject Manager for Parsons Transportation Group, Inc. and Matthew Nam, President of Aimsun
Inc., made a presentation on the progress of STREETS. Ehsan Bagheri and Ranjit Gopal of
Parsons Transportation Group, Inc. conducted a virtual demonstration of the system. Respond-
ing to questions from the City Council, the presenters stated that the system will have a two-
way interface with Google Maps and that the system focus is on altering the timing of green
lights and left turns. Responding to a question regarding the system’s security, the presenters
stated that certain user privileges will be assigned to specific users and that security scans are
conducted on a set schedule.
There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:30
p.m.
/s/Adrienne N. Breitfelder, CMC, 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 November 20, 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
PRESENTATION(S)
1. Iowa Storm Water Educational Partnership 2023 Water Warrior of the Year Recognition:
City Engineer Gus Psihoyos recognized former Civil Engineer, now Water & Resource Re-
covery Center Director, Deron Muehring as one of the 2023 Water Warriors of the year by the
Iowa Storm Water Educational Partnership.
CONSENT ITEMS
Iowa State Representative Chuck Isenhart, 1655 Kaufmann Ave. requested Item No. 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 No. 22. Seconded by Farber.
Motion carried 7-0.
1. Minutes and Reports Submitted: City Council Proceedings of November 6, 2023; Civil
Service Commission of November 8, 2023; Library Board of Trustees Update of October 26,
2023; Zoning Advisory Commission of November 1, 2023; Zoning Board of Adjustment of
November 2, 2023; Proof of Publication for City Council Proceedings of October 2 and Octo-
ber 16, 2023. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Abigail Handke for vehicle damage; Mary LeGrand and Da-
vid Smith for property damage; District 20 Supply Co./Dennis Noel for vehicle damage; Do-
novan Tann for property damage. Upon motion the documents were received, filed, and re-
ferred to the City Attorney.
3. Disposition of Claims: City Attorney advised that the following claims have been referred
to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool:
Arius Burns and Hayle Johnson for property damage; Abigail Handke 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. 373-23 Authorizing the Chief Financial Officer/City Treasurer to make certain
payments of bills that must be paid and approved for payment in accordance with City proce-
dures was adopted.
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RESOLUTION NO. 373-23
AUTHORIZING THE CHIEF FINANCIAL OFFICER / CITY TREASURER TO MAKE CER-
TAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT
IN ACCORDANCE WITH CITY PROCEDURES
Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that the
Finance Director-City Treasurer shall keep an accurate account of all disbursements, money,
or property, specifying date, to whom, and from what fund paid; and
Whereas, the invoices, presented by those firms and persons providing such goods and
services have been pre-audited by Finance Department personnel in accordance with gen-
erally accepted internal control procedures and have been determined to have been requisi-
tioned for a lawful municipal purpose; and
Whereas, the Chief Financial Officer-City Treasurer has provided a list of Expenditures
attached hereto, and by this reference made a part hereof, to be drawn to pay for goods and
services provided for City purposes; and
Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142-18
adopted May 7, 2018, authorized the Chief Financial Officer-City Treasurer to issue checks
in payment of certain expenditures known as Exception Expenditures prior to City Council
approval and such list is attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Chief Financial Officer-City Treasurer is hereby authorized to issue payment
for goods and services provided for City purposes in response to the purchase orders and
contracts issued in compliance with state and municipal code requirements as requested by
designated requisitioning authorities in accordance with approved budget appropriations.
Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Chief Fi-
nancial Officer are hereby authorized and directed to provide the statement of receipts and
disbursements to the City Council, and to publish a summary thereof.
Passed, approved, and adopted this 20th day of November, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
5. Fiscal Year 2023 State of Iowa Annual Financial Report: Upon motion the documents
were received, filed, and approved.
6. Notice of Application for Older Adult Home Modification Program Grant: Upon motion
the documents were received and filed, and Resolution No. 374-23 Authorizing the Housing
and Community Development Director to execute an application for the Older Adult Home
Modification Grant and authorizing the Housing and Community Development Director and
the City Manager to approve the application was adopted.
RESOLUTION NO. 374-23
AUTHORIZING THE HOUSING AND COMMUNITY DEVELOPMENT DIRECTOR TO EX-
ECUTE AN APPLICATION FOR THE OLDER ADULT HOME MODIFICATION GRANT
AND AUTHORIZING THE HOUSING AND COMMUNITY DEVELOPMENT DIRECTOR
AND THE CITY MANAGER TO APPROVE THE APPLICATION
Whereas, the U.S. Department of Housing and Urban Development released funding for
a new year of Older Adult Home Modification Grants; and
Whereas, the City of Dubuque currently participates in this grant funding and has assisted
several residents over the age of 62 age safely in place; and
Whereas, the City of Dubuque would benefit from continuing the Older Adult Home Modi-
fication Program to assist more of our aging population safely age in their current home.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE IOWA:
Section 1: That the Housing and Community Development Director is hereby authorized
and directed to apply for the Older Adult Home Modification Grant; and
Section 2: That the City Manager and the Housing and Community Development Director
are hereby authorized to approve the application that is submitted to the U.S, Department of
Housing and Urban Development; and
Section 3: That the City Manager and the Housing and Community Development Director
are hereby authorized and directed to take all actions necessary to complete the negotiation
process that follows the application.
Passed, approved, and adopted this 20th day of November 2023.
Brad Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
7. First Amendment to Community Development Block Grant (CDBG) Subrecipient Agree-
ment between the City of Dubuque and Dubuque Community Schools: Upon motion the doc-
uments were received and filed, and Resolution No. 375-23 Authorizing the First Amendment
to the CDBG Subrecipient Agreement between the City of Dubuque and Dubuque Commu-
nity Schools was adopted.
RESOLUTION NO. 375-23
AUTHORIZING THE FIRST AMENDMENT TO THE CDBG SUBRECIPIENT AGREE-
MENT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE COMMUNITY SCHOOLS
Whereas, the City of Dubuque and Dubuque Community Schools entered into a CDBG
Subrecipient Agreement dated September 18, 2023 with respect to improve the quality of a
public facility at 555 Nevada Street, Lincoln Elementary School; 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, the Dubuque Community Schools services provided will be to a minimum of 51%
low moderate-income area, meeting the CDBG National Objective of Low/Mod-Income Hous-
ing 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 First Amendment to the CDBG Subrecipient Agreement be approved.
Section 2. That the Mayor of the City of Dubuque is hereby authorized to execute the First
Amendment to the CDBG Subrecipient Agreement.
Section 3. That the Mayor of the City of Dubuque is hereby authorized and directed to
designate the City Manager or the Housing and Community Development Department Direc-
tor to execute all related documents on behalf of the City of Dubuque, Iowa.
Passed, approved, and adopted this 20th day of November 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
8. Close Out of Agreement 07-EZ-021 for Cottingham & Butler Insurance Services, Inc.:
Upon motion the documents were received and filed.
9. Signed Contract(s): Memorandum of Lease with Respect to Lot 1 of Chaplain Schmitt
Island; Memorandum of Lease with Respect to Lots 2 and 3 of Chaplain Schmitt Island;
Amendment No. 1 to Professional Services Agreement with WHKS & Co. for the Burlington
St. Water Main Improvement Project. Upon motion the documents were received and filed.
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10. Nordstrom Property Tax Appeal Stipulation of Settlement Notice: Senior Counsel trans-
mitting notice of a stipulation of settlement for a property tax appeal filed by Nordstrom, Parcel
No. 1029300009. Upon motion the documents were received and filed.
11. Accepting the Deed to Dubuque County Owned Parcel, 1119358006: Upon motion the
documents were received and filed, and Resolution No. 376-23 Accepting the Deed to Real
Property conveyed by Dubuque County, Iowa to the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 376-23
ACCEPTING THE DEED TO REAL PROPERTY CONVEYED BY DUBUQUE COUNTY,
IOWA TO THE CITY OF DUBUQUE, IOWA
Whereas, Dubuque County is the owner of the following real described property:
City Lots Lot 2 of Lot 28, Lot 2 of Lot 29, Lot 2 of Lot 30, Lot 2 of Lot 31, Lot 2 of Lot 32,
Lot 2 of Lot 33, Lot 2 of Lot 34, Lot 2 of Lot 35, Lot 2 of Lot 36, Lot 2 of Lot 37, and Lot 2
of Lot 38 all of Block 17 in Dubuque Harbor Improvement Company Addition in the City
of Dubuque, Iowa (the County Property); and
Whereas, City and Dubuque County have entered into the Purchase Agreement pursuant
to which Dubuque County will convey the County Property to City; and
Whereas, the terms of the Purchase Agreement have been fulfilled.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
Section 1. The Special Warranty Deed from Dubuque County for the County Property is
hereby accepted.
Section 2. That the City Clerk be and is hereby authorized and directed to cause said Spe-
cial Warranty Deed to be recorded in the office of the Dubuque County Recorder, together
with a certified copy of this Resolution.
Section 3. 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 20th day of November, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
12. Plaza 20 Frontage Road - Transfer of Roadway Jurisdiction: Iowa DOT Agreement No.
2024-TJ-002; Iowa DOT Project No. TJ-020-9(281)--2M-31: Upon motion the documents
were received and filed, and Resolution No. 377-23 Approving the Transfer of Roadway Ju-
risdiction Agreement (Agreement No. 2024-TJ-002) with the Iowa Department of Transporta-
tion for the Plaza 20 Frontage Road was adopted.
RESOLUTION NO. 377-23
APPROVING THE TRANSFER OF ROADWAY JURISDICTION AGREEMENT (AGREE-
MENT NO. 2024-TJ-002) WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR
THE PLAZA 20 FRONTAGE ROAD
Whereas, the City has been collaborating with the Iowa Department of Transportation
(Iowa DOT) on the closure of the Plaza 20 Frontage at the Devon Drive / US20 intersection;
and
Whereas, it was discovered that the Plaza 20 Frontage Road was never officially trans-
ferred to the City following its original construction; and
Whereas, the City and Iowa DOT agreed as part of the process to close the Plaza 20
Frontage, the City and Iowa DOT would address the right-of-way and the road jurisdiction for
the portion of the frontage road lying south of US20, from Devon Drive easterly for a length of
approximately 700 feet; and
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Whereas, Iowa DOT shall be responsible for surveying, replating, and shall transfer to the
City by quit-claim deed all its legal or equitable title or interest in the right-of-way of the Plaza
20 Frontage Road segment described in the Transfer of Roadway Jurisdiction Agreement;
and
Whereas, City agrees to formally accept the Plaza 20 Frontage Road segment, per said
quit-claim deed, pursuant to Iowa Code Section 306.42, into its road network system and
continue to maintain the road segment in accordance with all applicable laws, regulations,
and administrative rules.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Section 1. That said Transfer of Roadway Jurisdiction Agreement (Agreement No. 2024-
TJ-002) with the Iowa Department of Transportation for the acceptance of the Plaza 20 Front-
age Road into the City’s road network system is hereby approved.
Section 2. That the Mayor be authorized and directed to execute the Transfer of Roadway
Jurisdiction Agreement (Agreement No. 2024-TJ-002) with the Iowa Department of Transpor-
tation.
Passed, approved, and adopted this 20th day of November 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
13. Imon Ice Arena - Dehumidification, HVAC, Generator Set System Design Approve Pro-
fessional Consultant Services Contract: Upon motion the documents were received and filed,
and Resolution No. 378-23 Approving Professional Services Consultant Contract with Nel-
son-Rudie & Associates, Inc. to complete the preliminary and final engineering design for the
development of a project for the installation of a new replacement dehumidification system, a
new arena HVAC and emergency generator system at the ImOn Ice Arena was adopted.
RESOLUTION NO. 378-23
APPROVING PROFESSIONAL SERVICES CONSULTANT CONTRACT WITH NELSON-
RUDIE & ASSOCIATES, INC. TO COMPLETE THE PRELIMINARY AND FINAL ENGI-
NEERING DESIGN FOR THE DEVELOPMENT OF A PROJECT FOR THE INSTALLA-
TION OF A NEW REPLACEMENT DEHUMIDIFICATION SYSTEM, A NEW ARENA
HVAC AND EMERGENCY GENERATOR SYSTEM AT THE IMON ICE ARENA
Whereas, the City solicitated competitive proposals from qualified consulting engineering
firms to determine interest and capabilities to complete preliminary and final engineering de-
sign services; and
Whereas, the City Council concurred with the Consultant Selection Committee’s recom-
mendation in the selection of Nelson-Rudie & Associates, Inc. as the first-ranked Consultant;
and
Whereas, the City Council authorized the City Engineer to initiate contract negotiations for
Professional Consultant Services; and
Whereas, the City in collaboration with Nelson-Rudie & Associates, Inc., developed a con-
sultant scope of work and a negotiated fee for services in the amount of $140,800 for Profes-
sional Consultant Services to complete the preliminary and final engineering design for the
development of a project for the installation of a new replacement dehumidification system, a
new arena HVAC and emergency generator system at the Imon Ice Arena.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Section 1. That said Professional Services Consultant Contract with Nelson-Rudie & As-
sociates, Inc. to complete the preliminary and final engineering design for the development of
a project for the installation of a new replacement dehumidification system, a new arena
7
HVAC and emergency generator system at the Imon Ice Arena is hereby approved.
Section 2. The City Manager is authorized and directed to execute the Professional Ser-
vices Consultant Contract with Nelson-Rudie & Associates, Inc.
Passed, approved, and adopted this 20th day of November 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
14. 2022 Boating Infrastructure Tier 1 Grant - Dredge Dubuque Marina: Approve Iowa De-
partment of Natural Resources Subrecipient Grant Agreement - Iowa DNR Agreement No.
24CRDFBGSCHO-0002; USFWS Agreement No. F23AP03493: Upon motion the docu-
ments were received and filed, and Resolution No. 379-23 Approving a 2022 Boating Infra-
structure Tier 1 Grant Subrecipient Agreement (Agreement No. 24CRDFBGSCHO-0002)
with the Iowa Department of Natural Resources to assist with maintenance dredging at Dubu-
que Marina was adopted.
RESOLUTION NO. 379-23
APPROVING A 2022 BOATING INFRASTRUCTURE TIER 1 GRANT SUBRECIPIENT
AGREEMENT (AGREEMENT NO. 24CRDFBGSCHO‐0002) WITH THE IOWA DEPART-
MENT OF NATURAL RESOURCES TO ASSIST WITH MAINTENANCE DREDGING AT
DUBUQUE MARINA
Whereas, on August 7th, 2023, per Resolution 248-23, the City Council authorized staff to
submit the 2022 Boating Infrastructure (BIG) Tier 1 Grant application to the Iowa DNR for
dredging Dubuque Marina to provide transient boaters, and boaters who operate vessels 26
feet or larger, access to docking and safe harbor facilities; and
Whereas, on November 3rd, 3023, the City received the Notice of Award from the Iowa
DNR for the 2022 BIG Tier 1 Grant in the amount of $200,000; and
Whereas, on November 9th, 2023, the Iowa DNR Commission approved the 2022 BIG
Tier 1 Subrecipient Grant Agreement with the City of Dubuque; and
Whereas, the City will be responsible for the lead agency role for administering the federal
2022 BIG Tier 1 grant; and
Whereas, Dubuque Marina has agreed to contribute the $117,500 local match funds as
committed to in the original grant application.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Section 1. That said 2022 BIG Tier 1 Subrecipient Grant Agreement (Agreement No.
24CRDFBGSCHO‐0002) with the Iowa Department of Natural Recourses to assist with fund-
ing to perform maintenance dredging at Dubuque Marina is hereby approved.
Section 2. That the Mayor be authorized and directed to execute the 2022 BIG Tier 1 Sub-
recipient Grant Agreement (Agreement No. 24CRDFBGSCHO‐0002) with the Iowa Depart-
ment of Natural Recourses.
Passed, approved, and adopted this 20th day of November 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
15. Funding Agreement Between City and Dubuque Marina, Inc. 2022 Boating Infrastruc-
ture Tier 1 Grant - Dredge Dubuque Marina: Upon motion the documents were received and
filed, and Resolution No. 380-23 Approving the Funding Agreement between the City of
Dubuque and Dubuque Marina, Inc. for the 2022 Boating Infrastructure Tier 1 Grant Agree-
ment for maintenance dredging at Dubuque Marina was adopted.
RESOLUTION NO. 380-23
8
APPROVING THE FUNDING AGREEMENT BETWEEN THE CITY OF DUBUQUE AND
DUBUQUE MARINA, INC. FOR THE 2022 BOATING INFRASTRUCTURE TIER 1 GRANT
AGREEMENT FOR MAINTENANCE DREDGING AT DUBUQUE MARINA
Whereas, City staff met with Dubuque Marina, Inc. to review the river bottom bathometric
survey contour maps, evaluate maintenance dredging needs, and prioritize maintenance
dredging locations based on current operational challenges for safe harbor access for recre-
ational and transient boat navigational access; and
Whereas, Dubuque Marina, Inc. requested and identified the location to be dredged utiliz-
ing the 2022 BIG Tier 1 Grant funding; and
Whereas, on August 7th, 2023, per Resolution 248-23, the City Council authorized staff to
submit the 2022 BIG Tier 1 Grant application to the Iowa DNR for dredging Dubuque Marina
to provide transient boaters, and boaters who operate vessels 26 feet or larger, access to
docking and safe harbor facilities; and
Whereas, on November 3rd, 3023, the City received the Notice of Award from the Iowa
DNR for the 2022 BIG Tier 1 Grant in the amount of $200,000; and
Whereas, on November 9th, 2023, the Iowa DNR Commission approved the 2022 BIG
Tier 1 Subrecipient Grant Agreement with the City of Dubuque; and
Whereas, Dubuque Marina, Inc. has provided a letter of support dated July 31, 2023, for
the 2022 BIG Tier 1 Grant, and has agreed to provide $117,500 as local match funds toward
dredging at the Dubuque Marina; and
Whereas, City and Dubuque Marina, Inc. now desire to enter into a Funding Agreement to
perform maintenance dredging at the Dubuque Marina.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That said Funding Agreement between City and Dubuque Marina, Inc. for the
partnership agreement to provide the required local match funding for the 2022 BIG Tier 1
Grant to perform maintenance dredging at Dubuque Marina is hereby approved.
Section 2. That the City Manager be authorized and directed to execute said Funding
Agreement between City and Dubuque Marina, Inc. for the partnership agreement to provide
the required local match funding for the 2022 BIG Tier 1 Grant to perform maintenance dredg-
ing at Dubuque Marina.
Passed, adopted, and approved this 20th day of November 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
16. RAISE Infrastructure Planning Grant - Engineering Design and NEPA / Environmental
Project Development - Recommend Approval of USDOT Grant Funding Agreement - Iowa
DOT Project No. EDP-2100 (705) --7Y-31: Upon motion the documents were received and
filed, and Resolution No. 381-23 Approving a Grant Funding Agreement with the U.S. Depart-
ment of Transportation for a Raise Infrastructure Planning Grant was adopted.
RESOLUTION NO. 381-23
APPROVING A GRANT FUNDING AGREEMENT WITH THE U.S. DEPARTMENT OF
TRANSPORTATION FOR A RAISE INFRASTRUCTURE PLANNING GRANT
Whereas, the City was awarded $2.28 million in U.S. Department of Transportation RAISE
Planning Grant funds to assist with the planning and design of multimodal transportation cor-
ridors for the project entitled “Building Bridges to Employment and Equity (B2E2)”; and
Whereas, through the award of the RAISE Infrastructure Planning Grant, Federal regula-
tions require the execution of a Grant Funding Agreement; and
Whereas, pursuant to the terms of the Grant Funding Agreement, applicable statutes, and
administrative rules, the U.S. Department of Transportation agrees to provide RAISE grant
9
funding ($2.28 million) to the Iowa DOT, as the pass-through agency to the City for the au-
thorized and approved costs for eligible items associated with the B2E2 project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Section 1. That said Grant Funding Agreement with the U.S. Department of Transportation
to provide RAISE grant funding ($2.28 million) to the City for the authorized and approved
costs for eligible items associated with the B2E2 project is hereby approved.
Section 2. That the Mayor be authorized and directed to execute the Grant Funding Agree-
ment with the U.S. Department of Transportation.
Passed, approved, and adopted this 20th day of November 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
17. RAISE Infrastructure Planning Grant - Engineering Design and NEPA / Environmental
Project Development - Recommend Approval of Iowa DOT Federal-Aid Funding Agreement:
Iowa DOT Agreement No. 6-23-RAISE-037; Iowa DOT Project No. EDP-2100 (705) --7Y-31:
Upon motion the documents were received and filed, and Resolution No. 382-23 Approving
a Federal-Aid Funding Agreement (6-23-RAISE-037) with the Iowa Department of Transpor-
tation for a RAISE Infrastructure Planning Grant was adopted.
RESOLUTION NO. 382-23
APPROVING A FEDERAL-AID FUNDING AGREEMENT (6-23-RAISE-037) WITH THE
IOWA DEPARTMENT OF TRANSPORTATION FOR A RAISE INFRASTRUCTURE
PLANNING GRANT
Whereas, the City was awarded $2.28 million in U.S. Department of Transportation RAISE
Planning grant funds to assist with the planning and design of multimodal transportation cor-
ridors for the project entitled “Building Bridges to Employment and Equity (B2E2)”; and
Whereas, through the award of the RAISE Infrastructure Planning Grant, Federal regula-
tions require Federal funds pass through and be administered by the Iowa Department of
Transportation; and
Whereas, pursuant to the terms of the Federal-Aid Funding Agreement, applicable stat-
utes, and administrative rules, the Iowa Department of Transportation agrees to provide
RAISE grant funding ($2.28 million) to the City for the authorized and approved costs for eli-
gible items associated with the B2E2 project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Section 1. That said Federal-Aid Funding Agreement (Agreement No. 6-23-RAISE-037)
with the Iowa Department of Transportation to provide RAISE grant funding ($2.28 million) to
the City for the authorized and approved costs for eligible items associated with the B2E2
project is hereby approved.
Section 2. That the Mayor be authorized and directed to execute the Federal-Aid Funding
Agreement (Agreement No. 6-23-RAISE-037) with the Iowa Department of Transportation.
Passed, approved, and adopted this 20th day of November 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
18. Destination Iowa Outdoor Recreation Fund Grant Amendment 1 Approval for the Iowa
Amphitheater on Schmitt Island: Upon motion the documents were received, filed, and ap-
proved.
19. Granger Creek Lift Station Project (Project #5581500009) - State and Tribal Assistance
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Grant (STAG) Application: Upon motion the documents were received, filed, and approved.
20. Plat of Survey of ISAAC Hanna 2nd Addition: Upon motion the documents were re-
ceived and filed, and Resolution No. 383-23 Approving the Plat of Survey for Isaac Hanna
2nd Addition in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 383 - 23
APPROVING THE PLAT OF SURVEY FOR ISAAC HANNA 2nd ADDITION IN THE CITY
OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Plat of Survey ISAAC Hanna 2nd Ad-
dition in the City of Dubuque, Iowa; and
Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and
its approval has been endorsed thereon; and
Whereas, said Plat of Survey 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 the Plat of Survey for ISAAC Hanna 2nd Addition is hereby approved, 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 20th day of November 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
21. Plat of Survey of Weber Acres 2nd Addition: Upon motion the documents were re-
ceived and filed, and Resolution No. 384-23 Approving the Plat of Survey for Weber Acres
2nd Addition in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 384-23
APPROVING THE PLAT OF SURVEY FOR WEBER ACRES 2ND ADDITION IN THE
CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Plat of Survey Weber Acres 2nd Addi-
tion in the City of Dubuque, Iowa; and
Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and
its approval has been endorsed thereon; and
Whereas, said Plat of Survey 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 the Plat of Survey for Weber Acres 2nd Addition is hereby approved, 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 20th day of November 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
22. 2024 State Legislative Priorities: Representative Isenhart summarized a letter he ad-
dressed to the City Council detailing various legislative initiatives that may be relevant to the
City Council’s state legislative priorities, including legislation he has drafted that defines cities
roles within United States Fish and Wildlife Service acts. Representative Isenhart also re-
quested the City Council consider certain federal legislative priorities, including increased
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support for the Recovering America’s Wildlife Act. Motion by Resnick to receive and file the
documents and approve the 2024 State Legislative Priorities. Seconded by Farber. Motion
carried 7-0.
23. Certified List – Firefighter-Paramedic/Firefighter-EMT: Civil Service Commission sub-
mitted the certified list for the position of Firefighter-Paramedic/Firefighter- EMT. Upon motion
the documents were received, filed, and made a matter of record.
November 8, 2023
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position of
Firefighter-Paramedic / Firefighter-EMT was administered virtually (via @home testing) on
October 24, 2023 and in-person on October 25, 2023. We hereby certify that the individuals
listed below have passed this examination and the vacancy for this position should be made
from this list and that this list is good for twelve (12) months from the above date.
FIREFIGHTER-PARAMEDIC / FIREFIGHTER-EMT
1. Joseph Billmyer, 2. Tyler Coble, 3. Lucas Drazkowski, 4. Benjamin Dugger, 5. Hunter
Egan, 6. Lucas Fox, 7. Chad Genthe, 8. Josh Hora, 9. Jeremy Hubanks, 10. Alex Hudson,
11. Joshua Kuepers, 12. Cayden Long, 13. Tyler Lyons, 14. Erick Pagan, 15. Bergen Perry,
16. Nathan Phelan, 17. Ethan Senesac, 18. Justin Steckel, 19. Tyler Vorwald
Respectfully submitted,
/s/ Danial White
Civil Service Commissioner
24. Approval of Retail Alcohol Licenses: Upon motion the documents were received and
filed, and Resolution No. 385-23 Approving applications for retail alcohol licenses, as required
by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter
2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted.
RESOLUTION NO. 385-23
APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY
CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REG-
ULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE
LICENSES AND PERMITS
Whereas, applications for retail alcohol licenses have been submitted and filed with the City
Council for approval, and the same have been examined, provisionally approved, and/or ap-
proved; and
Whereas, the premises to be occupied by such applicants were inspected and found to
comply with the Ordinances of the City, and the applicants have filed the proper fees and
bonds and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued at the
noted premise address to the following applicants pending submission of the locally required
documentation:
New Applications
E.J.'s Whine Shop 955 Washington St. Suite 105A
EL1 Dubuque 555 John F. Kennedy Rd. Suite 415
12
Renewals
Big 10 Mart Car Wash 1875 John F. Kennedy Rd.
Bridge Restaurant The 31 Locust St.
Fuel Express Food Mart 250 West 1st St.
Grand Harbor Resort & Water Park 350 Bell St.
Happy's Place 2323 Rockdale Rd.
Holiday Inn Dubuque Five Flags 450 Main St.
Hotel Julien Dubuque 200 Main St.
Next Phase Bar 1700 Central Ave.
Pepper Sprout, Inc. 378 Main St.
Your Pie 806 Wacker Dr. Suite 100
Special Event(s) per Special Event Application Submittal
The Mini Bar- Christmas on the
Square – 11-23-23 to 11-27-23
Bluff St. from 3rd to 5th St. and 4th St. end
to Bluff St.
Wicked River – 11-30-23 to 12-4-23 East 10th St. from Jackson to Washington
Sts. and Caradco Courtyard
Passed, approved, and adopted this 20th day of November 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Roussell to receive and file the documents, adopt the resolutions, and set the
public hearings as indicated. Seconded by Sprank. Motion carried 7-0.
1. Resolution of Necessity for the Proposed Amended and Restated Urban Renewal Plan
for the Greater Downtown Urban Renewal District, Version 2023.4: Upon motion the docu-
ments were received and filed and Resolution No. 386-23 Authorizing and directing the City
Manager to prepare an Amended and Restated Urban Renewal Plan, Version 2023.4 for the
Greater Downtown Urban Renewal District and setting the date for a public hearing and con-
sultation on the proposed Amended and Restated Urban Renewal Plan, Version 2023.4 for
said district was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on
December 18, 2023 in the Historic Federal Building.
RESOLUTION NO. 386-23
AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN AMENDED
AND RESTATED URBAN RENEWAL PLAN, VERSION 2023.4 FOR THE GREATER
DOWNTOWN URBAN RENEWAL DISTRICT AND SETTING THE DATE FOR A PUBLIC
HEARING AND CONSULTATION ON THE PROPOSED AMENDED AND RESTATED
URBAN RENEWAL PLAN, VERSION 2023.4 FOR SAID DISTRICT
Whereas, the City Council of the City of Dubuque has heretofore approved the Amended
and Restated Urban Renewal Plan (the “Plan” of “Urban Renewal Plan”) for the Greater
Downtown Urban Renewal District (the “District”) in order to provide redevelopment opportu-
nities which will further the purposes and objectives of the Urban Renewal Plan; and
Whereas, City staff has recommended that the Urban Renewal Plan be further amended
and restated to add projects to the public purpose activities in the District specifically and pre-
viously approved tax increment financing rebates related to development agreements; and
Whereas, Iowa Code Chapter 403 requires that before an Urban Renewal Plan may be
modified, the City Council must follow the notification, consultation, and public hearing pro-
cess set forth herein.
13
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Manager is authorized and directed to prepare an Amended and
Restated Urban Renewal Plan, Version 2023.4 for the Greater Downtown Urban Renewal
District to accomplish the foregoing purposes and objectives, to include in such Amended and
Restated Urban Renewal Plan, Version 2023.4 any appropriate project activities and details,
to determine an appropriate date for and conduct the consultation process required by law
with affected taxing entities concerning the proposed Amended and Restated Plan, Version
2023.4.
Section 2. That the City Clerk is directed to publish notice of a public hearing on the adop-
tion of an Amended and Restated Urban Renewal Plan, Version 2023.4 for the Greater Down-
town Urban Renewal District to be held on the 18th day of December, 2023, at 6:30 p.m. in
the form attached hereto. The notice of said hearing shall generally identify the areas covered
by the proposed Amended and Restated Urban Renewal Plan, Version 2023.4 and the gen-
eral scope of the urban renewal activities planned for such areas and said notice shall be
published in a newspaper having general circulation within the City not less than four days
nor more than twenty days before the date of said meeting. A copy of the notice of public
hearing shall be sent by ordinary mail to the affected taxing entities.
Section 3. That the Economic Development Director is directed to send by ordinary mail a
copy of the proposed Amended and Restated Urban Renewal Plan, Version 2023.4, the no-
tice of public hearing, a notice of consultation, and, to the extent the Amended and Restated
Urban Renewal Plan, Version 2023.4 includes the use of tax increment revenues for a public
building, an analysis of alternative development and funding options for such public buildings,
to the Dubuque Community School District Board of Education and Dubuque County Board
of Supervisors, as the affected taxing entities.
Passed, approved, and adopted this 20th day of November, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
BOARDS/COMMISSIONS
1. Boards and Commission Applicant Review: Applications were reviewed for the following
Boards and Commissions. Applicants were invited to address the City Council regarding their
desire to serve on the following Boards/Commissions.
i. Cable Television Commission: One, 3-Year Term through July 1, 2026 (Vacant Term of
Heidenreich). Applicant: Georgina Guerrero, 245 Princeton Pl. Mayor Cavanagh stated that
Ms. Guerrero submitted written input to the City Council in support of her application.
PUBLIC HEARINGS
1. Amending South Pointe Planned Unit Development: 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. Planning Services Director Wally Wernimont provided a
staff report and responded to questions regarding parking requirements, site plan reviews,
and Planned Unit Development (PUD) amendments. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 47-23 Amending
Title 16 of the City of Dubuque Code of Ordinances Unified Development Code by rescinding
Ordinance 39-18 which provides regulations for the South Pointe PUD Planned Unit Devel-
opment District with a Planned Residential Designation and now being amended to modify lot
14
coverage and setback requirements for townhouse dwellings. Seconded by Wethal. Motion
carried 7-0.
ORDINANCE NO. 47-23
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES UNIFIED
DEVELOPMENT CODE BY RESCINDING ORDINANCE 39-18 WHICH PROVIDES REG-
ULATIONS FOR THE SOUTH POINTE PUD PLANNED UNIT DEVELOPMENT DISTRICT
WITH A PLANNED RESIDENTIAL DESIGNATION AND NOW BEING AMENDED TO
MODIFY LOT COVERAGE AND SETBACK REQUIREMENTS FOR TOWNHOUSE
DWELLINGS
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 Development
Code, is hereby amended by rescinding Ordinance 39-16 which provides regulations for a
Planned Unit Development District with a Planned Commercial District designation for South
Pointe, and now being amended to modify lot coverage and setback requirements for town-
house dwellings.
As shown in Exhibit 1, 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 the
Conceptual Development Plan for the South Pointe Planned Unit Development marked Ex-
hibit 1. It is recognized that minor shifts or modifications to the general plan layout may be
necessary and compatible with the need to acquire workable street patterns, grades, and
usable building sites. The general plan layout, including the relationship of land uses to the
general plan framework and the development requirements shall be used as the implemen-
tation guide.
A. Use Regulations
Zone A: General Purpose and Description: Zone A is intended to provide building lots
for single-family detached dwellings and accessory structures as well as park and open
space.
1. Development of property within Zone A of the South Pointe Planned Unit Develop-
ment shall be regulated by Section 16-5-2 of the City Code, R-1 Single-Family Res-
idential.
Zone B: General Purpose and Description: Zone B is intended to provide building lots
for multi-Family Residential dwellings including two-unit and three-unit laterally attached
dwellings and accessory structures.
1. Development of property with Zone B of the South Pointe Planned Unit Develop-
ment shall be regulated by Section 16-5-5 of the Unified Development Code, R-3
Moderate Density Multi-Family Residential, except that lots with townhomes and du-
plexes are allowed 50 percent maximum lot coverage, 10-foot front yard and rear
yard setbacks. Open decks are allowed a 2-foot rear yard setback, but may not en-
croach on access and utility easements.
Zone C: General Purpose and Description: Zone C is intended to provide space for com-
mercial businesses to serve South Pointe and the surrounding community.
1. Development of property within Zone C of the South Pointe Planned Unit Develop-
ment shall be regulated by the provisions of Section 16-5-11 of the Unified Develop-
ment Code, C-2 Neighborhood Shopping Center District.
B. Bulk Regulations
Development of land within Zones A, B and C shall be regulated as follows:
Min Side Min Rear
(square
feet)(feet)
(% lot
area)Min Max (feet)(feet)(feet)
Permitted Uses
Place of religious exercise or
assembly, School 20,000 100 40 20 ---20 20 75 1
Single-family detached dwelling 5,000 50 40 20 50 6 20 30
Conditional Uses
Bed and breakfast home 5,000 50 40 20 50 6 20 30
Licensed adult day services,
Licensed child care center 5,000 50 40 20 ---6 20 30
Mortuary, funeral home or
crematorium 20,000 100 40 20 ---20 20 30
1 May be erected to a height not exceeding 75 feet, provided that such buildings shall provide at least one additional foot of yard space
on all sides for each additional foot by which such building exceeds the maximum height limit of the district in which it is located.
Front (feet)
Setbacks
Max HeightZone A
Min Lot
Area
Min Lot
Frontage
Max Lot
Coverage
15
Zone B
Min Lot
Area
Min Lot
Frontage
Max Lot
Coverage
Setbacks
Max
Height Front (feet) Min
Side
Min
Rear
(square
feet) (feet) (% lot area) Min Max (feet) (feet) (feet)
Permitted Uses
Multiple-family (six du max) 2,000/du 50 40 20 --- 4 20 30
Place of religious exercise or as-
sembly, School 20,000 100 40 20 --- 20 20 75 1
Single-family detached dwelling 5,000 50 40 20 50 4 20 30
Townhouse (six du max) 1,600/du 16/du 50 10 --- 4/0 10 30
Two-family dwelling 5,000 50 50 10 50 4 10 30
Conditional Uses
Individual zero lot line dwelling 5,000 50 40 20 50 10/0 20 30
Bed and breakfast home 5,000 50 40 20 50 4 20 30
Group home 5,000 50 40 20 --- 4 20 30
Hospice 5,000 50 40 20 --- 4 20 30
Housing for the elderly or disabled 20,000 100 40 20 --- 20 20 30
Licensed adult day services, Li-
censed child care center 5,000 50 40 20 --- 4 20 40
Mortuary, funeral home or crema-
torium 20,000 100 40 20 --- 20 20 30
Nursing or convalescent home 20,000 100 40 20 --- 20 20 30
Off-premise residential garage --- --- --- 20 --- 4 6 15
Rooming or boarding house 5,000 50 40 20 --- 4 20 30
1 May be erected to a height not exceeding 75 feet, provided that such buildings shall provide at least one additional foot of yard space
on all sides for each additional foot by which such building exceeds the maximum height limit of the district in which it is located.
C. Parking and Loading Regulations
1. The number, size and design of parking spaces shall be governed by applicable provi-
sions in Articles 13 and 14 of the City of Dubuque Unified Development Code.
2. The number, size and design and location of parking spaces designated for persons
with disabilities shall be according to the local, state, or federal requirements in effect at
the time of development.
3. The location and number of private driveway intersections with public streets shall be
reviewed and approved by the City Engineer.
D. Sign Regulations
1. Applicability of City of Dubuque Ordinances: The provisions of the City of Dubuque Uni-
fied Development Code Article 15 Signs shall apply unless further regulated by this sec-
tion.
(square
feet)(feet)
(% lot
area)Min
Permitted Uses
Place of religious exercise or
assembly, School 20,000 100 40 20
Single-family detached dwelling 5,000 50 40 20
Conditional Uses
Bed and breakfast home 5,000 50 40 20
Front (feet)
Setbacks
Zone A
Min Lot
Area
Min Lot
Frontage
Max Lot
Coverage
16
2. Signage for development zones within the South Pointe Planned Unit Development shall
be regulated as follows:
a. Within Zone A, Sign Regulations for the R-1 Single-Family Residential District, Section
16-15-11.1 of the Unified Development Code, shall be followed.
b. Within Zone B. Sign Regulations for the R-3 Moderate Density Multi-Family Residential
District, Section 16-14-11.1 of the Unified Development Code, shall be followed.
c. Within Zone C, Sign Regulations for the C-3 Neighborhood Shopping Center District,
Section 16-156-11.6 of the Unified Development Code, shall be followed.
3. Off-Premise Signs: Off-premise signs shall be prohibited.
4. Variances: Variances from sign requirements for size, number, and height may be re-
quested. Such variances shall be reviewed by the Zoning Board of Adjustment in accord-
ance with Article 8-6 of the Unified Development Code.
E. Performance Standards - The development and maintenance of uses in this PUD District
shall be established in conformance with the following standards:
1. No more than 100 dwelling units shall be allowed to be developed until such time that a
second public street access or secondary emergency access is developed to serve South
Pointe.
2. A six-foot high privacy fence along South Pointe Drive shall be allowed provided the
fence is installed in compliance with SUDAS standards.
3. Platting: The conceptual development plan shall serve as the preliminary plat for this
PUD District. Subdivision plats and improvement plans shall be submitted in accordance
with Article 11. Land Subdivision, of the City of Dubuque Unified Development Code.
4. Site Plans: Final site development plans shall be submitted in accordance with Article
12 Site Plans and Article 13 Site Design Standards prior to construction of each building
and vehicle-related feature unless otherwise exempted by Article 12.
5. Storm Water Conveyance: The developer of each lot 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 drainage ways 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 to
properties in the PUD District.
6. Other Codes and Regulations: These regulations do not relieve an owner from other
applicable City, County, State or Federal Codes, regulations, laws, and other controls
relative to the planning, construction, operation, and management of property in the PUD
District.
F. Ordinance History
1. Ordinance 14-16 established regulations for the South Pointe Planned Unit Develop-
ment.
2. Ordinance 43-17 amended South Pointe Planned Unit Development regulations to des-
ignate additional building lots for townhomes.
3. Ordinance 14-18 amended South Pointe Planned Unit Development regulations to mod-
ify setback and lot coverage requirements for double-frontage lots and allow for a privacy
fence along South Pointe Drive.
4. Ordinance 39-18 amended South Pointe Planned Unit Development regulations to mod-
ify lot coverage and setback requirements for townhouse dwellings.
G. Transfer of Ownership - Transfer of ownership or lease of property in this PUD District
shall include in the transfer or lease agreement a provision that the purchaser or lessee
acknowledges awareness of the conditions authorizing the establishment of the district.
H. 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 Develop-
ment Code.
17
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 accepted
as part of this reclassification approval within thirty (30) days after the adoption of this o rdi-
nance. This ordinance shall be binding upon the undersigned and his/her heirs, successors,
and assigns.
Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advi-
sory Commission of the City of Dubuque, Iowa.
Section 4. This Ordinance shall take effect upon publication as provided by law.
Passed, approved, and adopted this 20th day of November 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
2. Amending Dubuque Industrial Center South Planned Unit Development: Motion by
Roussell to receive and file the documents and that the requirement that a proposed ordi-
nance 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 provided a staff report. Motion carried 7-0.
Motion by Roussell for final consideration and passage of Ordinance No. 48-23 Amending
Title 16 of the City of Dubuque Code of Ordinances Unified Development Code by rescinding
Ordinance No. 16-23 which established regulations for a PUD Planned Unit Development
with a PI Planned Industrial Designation and adopting an amended PUD Ordinance that in-
creases the allowable area of directional signage. Seconded by Sprank. Motion carried 7-0.
ORDINANCE NO. 48-23
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES UNIFIED DE-
VELOPMENT CODE BY RESCINDING ORDINANCE NO. 16-23 WHICH ESTABLISHED
REGULATIONS FOR A PUD PLANNED UNIT DEVELOPMENT WITH A PI PLANNED IN-
DUSTRIAL DESIGNATION AND ADOPTING AN AMENDED PUD ORDINANCE THAT IN-
CREASES THE ALLOWABLE AREA OF DIRECTIONAL SIGNAGE
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 Development
Code, is hereby amended by rescinding Ordinance No. 16-23 and increasing the allowable
area of direction signage for the property legally described below, to wit:
Lot A Dubuque Industrial Center South First Addition
Lot B Dubuque Industrial Center South First Addition
Balance of Lot C Dubuque Industrial Center South First Addition
Lot 2 Dubuque Industrial Center South First Addition
Lot 3 Dubuque Industrial Center South First Addition
Lot 4 Dubuque Industrial Center South First Addition
Lot 5 Dubuque Industrial Center South First Addition
Lot 5A Dubuque Industrial Center South First Addition
Lot A Dubuque Industrial Center South Third Addition
Lot 1 Dubuque Industrial Center South Third Addition
Lot 2 Dubuque Industrial Center South Third Addition
Lot 3 Dubuque Industrial Center South Third Addition
Lot 2 of Brehm Acres Plat 3
Section 2. Attached hereto and made a part of this zoning reclassification approval is the
Conceptual Development Plan for the Dubuque Industrial Center South Planned Unit Devel-
opment marked Exhibit A. It is recognized that minor shifts or modifications to the general plan
layout may be necessary and compatible with the need to acquire workable street patterns,
18
grades, and usable building sites. The general plan layout, including the relationship of land
uses to the general plan framework and the development requirements shall be used as the
implementation guide.
A) Definitions
1) Building-related Features - Building-related features are defined as all construction
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 parking 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 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) Landscape space containing lawn areas and plantings.
b) Paved, hard-surfaced pedestrian areas such as walkways, plazas, entryways and
courtyards.
c) Storm water management facilities 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
Zone D: General Purpose and Description. Zone D is intended to provide a location 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) Railroad 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 stockyards or
slaughterhouses.
l) Compounding, processing, and packaging of chemical products.
m) Manufacture, assembly, repair or storage of electrical and electronic products, com-
ponents, or equipment.
n) Warehousing and storage facilities, not to include mini warehouses.
19
o) Manufacturing, processing, fabrication, assembling, packaging or other comparable
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 struc-
ture on the same lot. Day care centers are subject to state regulations and requirements
of Article 8-20, Licensed Childcare Center, of the Unified Development Code.
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 Article 3-19 and as defined in Article
2-3 of the Unified Development Code.
5) The provision of off-street parking shall be regulated by Article 14 of the City of Dubu-
que’s Unified Development Code.
Zone O: General Purpose and Description. Zone O is intended to serve as an amenity to the
industrial park, provide public areas and control of storm water to protect downstream proper-
ties.
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, playground equipment, or other recrea-
tional buildings and structures when associated with parks, nature areas, playgrounds,
and recreational facilities.
f) Construction of dams, reservoirs, detention ponds and similar storm water control
facilities.
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 principle use it serves.
4) Temporary uses (reserved for future use).
C. Lot Bulk Regulations - Development of land in Zones D 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 this ordinance and Article 12 of the Unified Develo pment
Code.
2) All building-related features in Zones D and O shall be in accordance with the following
bulk regulations chart:
Minimum lot
area in acres
Lot frontage
minimum
feet
Front yard
setback min-
imum feet
Side yard
setback
minimum
feet
Rear yard
setback min-
imum feet
Building
height maxi-
mum feet
Zone O N/A N/A N/A N/A N/A N/A
Zone D 2 acres 100 50 25 50 100
a) Lots smaller than minimum will be allowed if the parcel is consolidated or combined
with a larger lot. Substations for public and quasi-public utilities shall be exempt from
lot frontage and lot area requirements.
b) Maximum lot coverage shall be 80 percent. All building and vehicle related features
shall be considered when calculating total land area coverage, except fire lanes and
railroad tracks.
20
c) Maximum building height shall be as stipulated in the bulk regulations chart above,
except the following may exceed the height limit: cooling towers, condensers, elevator
bulkheads, stacks and other necessary mechanical equipment and their protective
housing. Heating, ventilating and air conditioning (HVAC) equipment is limited to 10
feet above height limitation.
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 the required front yard setback.
D. Parking and Loading Regulations
1) All vehicle-related features, except for railroad tracks, shall be surfaced with either as-
phalt or concrete.
2) All parking and loading spaces shall be delineated on the surfacing material by painted
stripes or other permanent means.
3) The number, size and design of parking spaces shall be governed by applicable provi-
sions in Articles 13 and 14 of the 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 requirements 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.
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 raw and manufactured goods shall be de-
signed to provide for the direct movement of goods between the delivery vehicle and the
interior of the building.
E. Exterior Storage Regulations - Exterior storage shall be in accordance with the following
regulations:
Allowable Products
Store
Allowable
Location
Allowable
Screening
Materials
Minimum
Opacity
Maximum
Height of
Screening
Zone D Raw or finished
goods; equipment
Rear or side
yards
Similar to
building color
50% 12 feet
Zone O PROHIBITED
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 inside
the required screening. This area shall be considered to be a building -related feature for
purposes of calculating total land area coverage.
4) Exterior storage must be screened from view from adjacent public right -of-way.
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 visual
impact created by the storage of raw or finished goods, materials and equipment that can
21
adversely impact the value of adjacent property.
7) The City Planner may grant a waiver for screening to exceed the maximum height al-
lowed 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 Plan-
ner 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.
F. 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 contained
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 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.
7) Exposed materials used to construct the opaque screen shall be similar in appearance
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.
G. 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 develop-
ment 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 requirements 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 Indus-
trial Center South 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 ½ - 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
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District shall be 6 shrubs, or 1 shrub per
Type of Sign Maximum size Maximum Number Allowable
Structure
type
Maximum
Height*
Industrial Center
Entrance Signs
200 square feet per sign
face
Three (3) signs Monument 12 feet
Industrial Center
Directory Signs
30 square feet per sign
face
Three (3) signs Monument 8 feet
Company Primary
Signs
10% of building wall sign
is mounted on or 400 to-
tal square feet of sign
area, whichever is less.
2 signs per street frontage
per business
Wall-
mounted
Below eave
or parapet
150 square feet per sign
face
1 sign per business re-
stricted to interior street
frontages only
Monument 10 feet
Secondary signs 24 square feet per sign
face
No maximum number Wall-
mounted
10 feet
Monument 6 feet
*The height of the monument-style signs shall be measured from average grade to top of sign structures.
a) Variances: Variances from sign requirements for size, number and height may be
requested. Such variances shall be reviewed by the Zoning Board of Adjustment in
accordance with Article 8-6 of the Unified Development Code.
b) 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 materials, or
internally illuminated by means of a light source completely enclosed by the sign panel.
c) 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.
I. Maintenance Assessments
1) The City will cause the construction of such improvements as the City deems appropri-
ate in the Public Areas of this PUD District shown on the Plan. Maintenance and repair of
the Public Areas and its improvements is the responsibility of the City with fifty percent
(50%) of costs of such maintenance and repair assessed to and paid by the owners of
property in this PUD District. Private connections to the Public Areas and the subsequent
maintenance and repair of such private connections are the responsibil ity of each owner
and may not be constructed without the prior written approval of the City.
2) The City will assess against the properties in this PUD District in each assessment year
an annual assessment for the purpose of paying fifty percent (50%) of the actual costs of
the City’s maintenance and repair of the Public Areas and the actual costs associated with
maintaining and lighting the park entrance signs. Said assessment may also include the
establishment of a capital improvements reserve fund for such purposes. Upon establish-
ment of such assessment levy, the owner of each lot must pay to the City a pro rata share
(as hereinafter defined) of such assessment.
The owner waives any and all rights to further notice, to object to the assessments, the
amount of the assessments, the procedure for certifying the assessments or to any other
rights the owner would have as provided in Iowa Code Chapter 364 and Chapter 38 4 and
that the schedule of assessments may be certified by the City to the Dubuque County
Treasurer for collection in the same manner as provided in Iowa Code Chapter 364 and
Chapter 384.
23
3) If such pro rata share is not paid within thirty (30) days after its due date, the owner
agrees that that amount of such pro rata share will become a lien upon the lot obligated to
pay the same and will bear interest from the due date at the highest legal contract rate
applicable to a natural person. The owner further agrees that the City may bring an action
at law against any owner obligated to pay the same or foreclose the lien against the lot.
The owner agrees that the owner is also obligated to reimburse the City for the City’s costs
and reasonable attorney’s fees of any collection efforts. The owner agrees that the owner
may not waive or otherwise avoid liability for an assessment provided herein by non -use
of the Public Areas or abandonment of a lot.
4) An owner's pro rata share is equal to a fraction, the numerator of which is the gross
square feet area of the lot or lots owned by the owner and the denominator of which is the
gross square feet area of all lots in this PUD District exclusive of the Public Areas and
public rights-of-way.
J. Performance Standards - The development and maintenance of uses in this PUD District
shall be established in conformance with the following standards
1) Platting: The conceptual development plan shall serve as the preliminary plat for this
PUD District. Subdivision plats and improvement plans shall be submitted in accordance
with Article 11. Land Subdivision, of the City of Dubuque Unified Development Code.
2) Site Plans: Final site development plans shall be submitted in accordance with Article
12 Site Plans and Article 13 Site Design Standards prior to construction of each building
and vehicle-related feature unless otherwise exempted by Article 12.
3) Storm Water Conveyance: The developer of each lot 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 drainage ways 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 to prop-
erties in the PUD District.
4) Noises: Noises generated within the PUD District shall be regulated by Chapter 33,
Article IV, Noises, of the City of Dubuque Code of Ordinances.
5) 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 Article 6 -4 of the Unified Development
Code.
6) 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.
7) Other Codes and Regulations: These regulations do not relieve an owner from other
applicable City, County, State or Federal Codes, regulations, laws, and other controls rel-
ative to the planning, construction, operation, and management of property in the PUD
District.
K. Ordinance History
1) Ord. 2-13: reclassifying hereinafter described property located north and south of Seip-
pel Road and north of U.S. Highway 20 from AG Agricultural District to PUD Planned Unit
Development with a PI Planned Industrial designation for the Dubuque Industrial C enter
South.
2) Ord. 16-23: an amendment to the Planned Unit Development that expands the district
by incorporating an additional parcel of land.
L. Transfer of Ownership - Transfer of ownership or lease of property in this PUD District shall
include in the transfer or lease agreement a provision that the purchaser or lessee acknowl-
edges awareness of the conditions authorizing the establishment of the district.
24
M. 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 Develop-
ment Code.
N. 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 accepted
as part of this reclassification approval within ten (10) days after the adoption of this ordi-
nance. This ordinance shall be binding upon the undersigned and his/her heirs, successors,
and assigns.
Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advi-
sory Commission of the City of Dubuque, Iowa.
Section 4. This Ordinance shall take effect upon publication as provided by law.
Passed, approved, and adopted this 20th day of November 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
3. Amending Unified Development Code regarding Maternity Group Home: 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. Planning Services Director Wally Wer-
nimont provided a staff report. John Freund, 1005 Main St., spoke in support of the request
as legal counsel for the applicant, stating that the maternity home definition is intended to be
specific. A suggestion was made by City Council to alter the maximum number of women that
could be supported under the maternity group home definition from four women to eight
women to be consistent with state code definitions. Mr. Wernimont stated that Iowa State
Code contains a definition for a family home. While the family home definition includes disa-
bility, pregnancy is not categorized as a disability and therefore is not covered by the regula-
tions set forth in Iowa State Code. Mr. Wernimont recommended maintaining the current def-
inition of maternity group home. City Council concurred with the recommendation and ex-
pressed support for the ordinance. Mr. Wernimont confirmed that if the ordinance is adopted,
Mary’s Inn Maternity Home will not have to obtain a conditional use permit from the Zoning
Board of Adjustment if they operate in the appropriate district. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 49-23 Amending
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by amending
Article 16-2-3 (Definitions) by adding a definition of Maternity Group Home, and by amending
Articles 16-5-2 (R-1), 16-5-3 (R-2), 16-5-4 (R-2A), 16-5-5 (R- 3), 16-5-6 (R-4), 16-5-7 (OR),
16-5-10 (C-1), 16-5-11 (C-2), 16-5-12 (C-2A), 16-5-13 (C-3), 16-5-14 (C-4), 16-5-15 (C-5), 16-
5-16 (CS), And 16-5-17 (CR) by adding Maternity Group Home as a permitted use. Seconded
by Wethal. Motion carried 7-0.
ORDINANCE NO. 49-23
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED
DEVELOPMENT CODE, BY AMENDING ARTICLE 16-2-3 (DEFINITIONS) BY ADDING A
DEFINITION OF MATERNITY GROUP HOME, AND BY AMENDING ARTICLES 16-5-2
(R-1), 16-5-3 (R-2), 16-5-4 (R-2A), 16-5-5 (R-3), 16-5-6 (R-4), 16-5-7 (OR), 16-5-10 (C-1), 16-
5-11 (C-2), 16-5-12 (C-2A), 16-5-13 (C-3), 16-5-14 (C-4), 16-5-15 (C-5), 16-5-16 (CS), AND
16-5-17 (CR) BY ADDING MATERNITY GROUP HOME AS A PERMITTED USE
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 Development
Code Chapter 16-2-3 Definitions is hereby amended as follows:
16-2-3 Definitions
25
Maternity Group Home: A community-based residential home providing room and
board, supervision, training, education, and personal support in a family environment for
up to four (4) women, who are either pregnant or who have given birth within the last
twenty-four (24) months, and their child(ren). Such a site may also include both onsite
overnight room accommodations and office space for staff who provide and/or adminis-
trate such a service.
Section 2. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code Chapters 16-5-2 (R-1), 16-5-3 (R-2), 16-5-4 (R-2A), 16-5-5 (R-3), 16-5-6 (R-4), 16-5-7
(OR), 16-5-10 (C-1), 16-5-11 (C-2), 16-5-12 (C-2A), 16-5-13 (C-3), 16-5-14 (C-4), 16-5-15 (C-
5), 16-5-16 (CS), AND 16-5-17 (CR), are hereby amended as follows:
16-5-2-1 Principal Permitted Uses - Maternity Group Home
16-5-3-1 Principal Permitted Uses - Maternity Group Home
16-5-4-1 Principal Permitted Uses - Maternity Group Home
16-5-5-1 Principal Permitted Uses - Maternity Group Home
16-5-6-1 Principal Permitted Uses - Maternity Group Home
16-5-7-1 Principal Permitted Uses - Maternity Group Home
16-5-8-1 Principal Permitted Uses - Maternity Group Home
16-5-9-1 Principal Permitted Uses - Maternity Group Home
16-5-10-1 Principal Permitted Uses - Maternity Group Home
16-5-11-1 Principal Permitted Uses - Maternity Group Home
16-5-12-1 Principal Permitted Uses - Maternity Group Home
16-5-13-1 Principal Permitted Uses - Maternity Group Home
16-5-14-1 Principal Permitted Uses - Maternity Group Home
16-5-15-1 Principal Permitted Uses - Maternity Group Home
16-5-16-1 Principal Permitted Uses - Maternity Group Home
16-5-17-1 Principal Permitted Uses - Maternity Group Home
Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advi-
sory Commission of the City of Dubuque, Iowa.
Section 4. This ordinance shall take effect immediately upon publication, as provided by
law.
Passed, approved, and adopted this 20th day of November 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
4. Resolution Adopting the Proposed Urban Renewal Plan for the Emri Urban Renewal
District: Motion by Resnick to receive and file the documents and adopt Resolution No. 387-
23 Approving the Amended and Restated Urban Renewal Plan for the Emri Economic De-
velopment District. Seconded by Farber. Motion carried 7-0.
RESOLUTION NO. 387-23
APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE
EMRI ECONOMIC DEVELOPMENT DISTRICT
Whereas, by Resolution 344-23 on October 16, 2023, the City Council of the City of Dubu-
que, Iowa authorized the preparation of an Urban Renewal Plan for the Emri Economic De-
velopment District (the "District"); and
Whereas, the City of Dubuque's primary objective for the Urban Renewal Plan is to provide
opportunities which will further economic development purposes and objectives; and
Whereas, a consultation process has been undertaken with affected taxing entities in ac-
cordance with Chapter 403 of the Code of Iowa with no written objections or recommended
changes to the Urban Renewal Plan received; and
Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held
26
a public hearing on the proposed Urban Renewal Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Urban Renewal Plan for the Emri Economic Development District, on
file in the City Clerk's Office and made reference to herein, is hereby approved.
Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and di-
rected to file a certified copy of this Resolution in the office of the Dubuque County Auditor.
Passed, approved, and adopted this 20th day of November, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
5. Resolution Approving a First Amendment to Development Agreement by and between
the City of Dubuque, Iowa and 799 Main, LLC Providing for the Issuance of Urban Renewal
Tax Increment Revenue Grant Obligations Pursuant to the Development Agreement: Motion
by Wethal to receive and file the documents and adopt Resolution No. 388-23 Approving a
First Amendment to Development Agreement by and between the City of Dubuque, Iowa and
799 Main, LLC, including the issuance of Urban Tax Increment Revenue Obligations. Se-
conded by Resnick. Motion carried 7-0.
RESOLUTION NO. 388-23
APPROVING A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BE-
TWEEN THE CITY OF DUBUQUE, IOWA AND 799 MAIN, LLC, INCLUDING THE ISSU-
ANCE OF URBAN TAX INCREMENT REVENUE OBLIGATIONS
Whereas, the City of Dubuque, Iowa (City) and 799 Main, LLC entered into a Development
Agreement, dated for reference the 17th day of July, 2023, providing for a Façade Grant,
Planning & Design Grant, a Financial Consultant Grant, a Housing Creation Grant, and Urban
Renewal Tax Increment Revenue Obligations; and
Whereas, the City Council, by Resolution No. 366-23, dated November 6, 2023, declared
its intent to approve a First Amendment to Development Agreement by and between City and
799 Main, LLC, including the issuance of Urban Renewal Tax Increment Revenue Obliga-
tions; and
Whereas, pursuant to published notice, a public hearing was held on the proposed First
Amendment to Development Agreement on November 20, 2023 at 6:30 p.m.; and
Whereas, it is the determination of the City Council that approval of the First Amendment
to Development Agreement for redevelopment of the Property by 799 Main, LLC, according
to the terms and conditions set out in the First Amendment to 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 First Amendment to Development Agreement by and between the City
of Dubuque, Iowa, and 799 Main, LLC, a copy of which is attached hereto, including the issu-
ance of Urban Renewal Tax Increment Revenue Obligations, is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Development
Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to
attest to his signature.
Section 3. That the City Manager is authorized to take such actions as are necessary to
comply with the terms of the Development Agreement as herein approved.
Passed, approved, and adopted this 20th day of November, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
27
6. Resolution Approving a Development Agreement between the City of Dubuque, Iowa
and Vanguard Enterprises, Inc. for the Issuance of Urban Renewal Tax Increment Revenue
Grant Obligations Pursuant to the Development Agreement: Motion by Jones to receive and
file the documents and adopt Resolution No. 389-23 Approving a Development Agreement
by and between the City of Dubuque, Iowa, and Vanguard Enterprises, Inc. including the is-
suance of Urban Tax Increment Revenue Obligations. Seconded by Sprank. Dan McDonald,
Director of Existing Business with Greater Dubuque Development Corporation (GDDC),
spoke in support of the Development Agreement. City Council expressed enthusiasm for the
businesses expansion. Motion carried 7-0.
RESOLUTION NO. 389-23
APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF
DUBUQUE, IOWA, AND VANGUARD ENTERPRISES, INC. INCLUDING THE ISSUANCE
OF URBAN TAX INCREMENT REVENUE OBLIGATIONS
WHEREAS, Vanguard Enterprises, Inc. is the owner of the property legally described as
follows:
Lot 1 of Lot 4 of Dubuque Industrial Center West 4th Addition is the City of Dubuque,
Iowa according to the recorded Plat thereof (the Property); and
Whereas, the City Council, by Resolution No. 367-23, dated November 6, 2023, declared
its intent to enter into a Development Agreement by and between the City of Dubuque, Iowa,
and Vanguard Enterprises, Inc., including the issuance of Urban Renewal Tax Increment
Revenue Obligations; and
Whereas, pursuant to published notice, a public hearing was held on the proposed Devel-
opment Agreement on November 20, 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 Vanguard Enterprises, Inc., 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 Vanguard Enterprises, Inc., a copy of which is attached hereto, including the issuance of
Urban Renewal Tax Increment Revenue Obligations, is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Development
Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to
attest to his signature.
Section 3. That the City Manager is authorized to take such actions as are necessary to
comply with the terms of the Development Agreement as herein approved.
Passed, approved, and adopted this 20th day of November, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
7. Approval of a Lease Agreement by and Between the City of Dubuque, Iowa and the
Dubuque Arboretum Association, Inc.: Motion by Roussell to receive and file the documents
and adopt Resolution No. 390-23 Approving a Lease Agreement by and between the City of
Dubuque, Iowa, and Dubuque Arboretum Association, Inc. Seconded by Sprank. City Council
Members thanked city staff for their efforts on the lease agreement. Motion carried 7-0.
RESOLUTION NO. 390-23
APPROVING A LEASE AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE,
IOWA, AND DUBUQUE ARBORETUM ASSOCIATION, INC.
28
Whereas, City is the owner of a public facility known as Marshall Park (the Park); and
Whereas, Dubuque Arboretum Association, Inc. desires to lease and continue to operate
the above-described real estate as an arboretum and botanical garden; and
Whereas, the City Council by Resolution No. 368-23, dated November 6th, 2023 declared
its intent to enter into a Lease Agreement by and between the City of Dubuque, Iowa and
Dubuque Arboretum Association, Inc.; and
Whereas, pursuant to a published notice, a public hearing was held on the proposed lease
agreement on November 20, 2023 at 6:30 p.m.; and
Whereas, it is the determination of the City Council that approval of the lease agreement
for the public facility known as Marshall Park, 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 Ar-
boretum Association, Inc. for the lease of the Park, a copy attached hereto, is hereby ap-
proved.
Section 2. That the City Manager is hereby authorized and directed to execute the Lease
Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to
attest his signature.
Section 3. That the City Manager is authorized to take such actions as are necessary to
comply with the terms of the Lease Agreement as herein approved.
Passed, approved, and adopted this 20th day of November, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
8. Public Hearing: SOO Green HVDC Link ProjectCo, LLC Franchise Agreement: Motion
by Jones to receive and file the documents and that the requirement that a proposed ordi-
nance 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. Senior Counsel Barry Lindahl
introduced SOO Green HVDC Link ProjectCo, LLC Vice President Raj Rajan, who made a
presentation. Mr. Rajan and Mr. Lindahl responded to questions from the City Council about
engaging smaller cities for franchise agreements and project outcomes. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 50-23 Granting to
Soo Green HVDC Link ProjectCo, LLC, its successors and assigns, the right and franchise
pursuant to Iowa Code Section 364. 2( 4) to construct, reconstruct, relocate, repair, replace,
maintain and operate in the City of Dubuque, Dubuque County, Iowa, a transmission system
for the transmission of electric energy and communication facilities and the right to construct,
reconstruct, relocate, repair, replace, maintain, operate, the necessary conduits and other ap-
pliances or equipment for the transmission of electric current and communication facilities
under certain streets, avenues, alleys and public places and in a certain railroad right of way
in the City of Dubuque, Dubuque County, Iowa within the city as the boundaries are now and
may hereafter exist, for the period of twenty- five ( 25) years (" franchise" or " ordinance").
Seconded by Farber. Motion carried 7-0.
ORDINANCE NO. 50-23
ELECTRIC FRANCHISE
(TRANSMISSION SYSTEM)
GRANTING TO SOO GREEN HVDC LINK PROJECTCO, LLC, ITS SUCCESSORS AND
ASSIGNS, THE RIGHT AND FRANCHISE PURSUANT TO IOWA CODE SECTION
364.2(4) TO CONSTRUCT, RECONSTRUCT, RELOCATE, REPAIR, REPLACE, MAIN-
TAIN AND OPERATE IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, A
29
TRANSMISSION SYSTEM FOR THE TRANSMISSION OF ELECTRIC ENERGY AND
COMMUNICATION FACILITIES AND THE RIGHT TO CONSTRUCT, RECONSTRUCT,
RELOCATE, REPAIR, REPLACE, MAINTAIN, OPERATE, THE NECESSARY CON-
DUITS AND OTHER APPLIANCES OR EQUIPMENT FOR THE TRANSMISSION OF
ELECTRIC CURRENT AND COMMUNICATION FACILITIES UNDER CERTAIN
STREETS, AVENUES, ALLEYS AND PUBLIC PLACES AND IN A CERTAIN RAILROAD
RIGHT OF WAY IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA WITHIN THE
CITY AS THE BOUNDARIES ARE NOW AND MAY HEREAFTER EXIST, FOR THE PE-
RIOD OF TWENTY-FIVE (25) YEARS (“Franchise” or “Ordinance”)
BE IT ENACTED by the City Council of the City of Dubuque, Iowa:
Section 1. Introduction.
There is hereby granted to SOO GREEN HVDC LINK PROJECTCO, LLC, hereinafter re-
ferred to as “SOO Green” or the "Company," its successors and assigns, the right and
franchise to construct, reconstruct, repair, replace, maintain and operate in the City of
Dubuque, Dubuque County, Iowa, the necessary conduits, and other appliances or equip-
ment for the transmission of electric current and communication facilities (collectively, the
“Facilities”) and the right to construct, reconstruct, relocate, repair, replace, maintain and
operate the Facilities under the streets, avenues, alleys and public places and in certain
railroad right of way in the City of Dubuque, Dubuque County, Iowa, in the preliminary route
as shown on Exhibit A (the “Route”), the final route to be subject to the written approval of
the City Manager before any mobilization, staging, or construction of the Facilities within
the City limits. This Franchise shall be effective for a twenty-five (25) year period from and
after the effective date defined in Paragraph 20 herein (“Effective Date”). SOO Green is
also granted the right of eminent domain as provided in Iowa Code Section 364.2(4) as
reasonably necessary to carry out the purposes of this Franchise.
Section 2. Public Meeting.
2.1 As a condition precedent to the public hearing required by Iowa law and the adoption
of this Ordinance, the Company held a public informational meeting on July 10, 2021. The
meeting was held in person at the Hotel Julien in Dubuque.
2.2 Notice of the time and place of the meeting was published in the Telegraph Herald
at least seven (7) days and not more than twenty (20) days prior to the date of the meeting.
A reasonable effort was made to notify by mail those property owners whose property is
within two hundred feet (200') of the proposed Route, prior to the meeting. The notice was
mailed not less than seven (7) days and not more than twenty (20) days prior to the meet-
ing.
The notices contained the following:
1. The name of the applicant.
2. The applicant's principal place of business.
3. A general description and purpose of the proposed project.
4. The general nature of the franchise desired.
5. A map showing the route of the proposed project.
6. A description of all equipment to be constructed or installed.
7. The place and time of the meeting.
8. The Company contact person and contact information for a Company representa-
tive who will be available Monday through Friday during the Company’s business
hours to respond to citizen inquiries about the project.
Section 3. Management Fee.
3.1 The Company shall pay the City upon receipt of annual statements a management
fee for the City’s management costs which are the reasonable, direct, and fully documented
costs the City actually incurs to manage the Company’s use of the public rights-of-way as
provided by Iowa Code Section 480A.2(2). In lieu of an annual statement and at the City’s
30
option, the City and the Company may agree to use an estimated fee.
3.2 The Company shall install, at its cost, fiber conduit and associated vaults described
in Exhibit B, to be owned, operated and managed exclusively by the City, along the Cana-
dian Pacific Kansas City (CAPAC) right-of-way segments of the project corridor within mu-
nicipal limits. The Company shall be responsible for any fiber-related fees charged by
CPKC. Upon reasonable notice to the Company, the City shall have access to the conduit
and vaults to repair, replace, maintain, and operate the conduit and vaults. The Company
shall notify the City of any construction, reconstruction, relocation, repair, replacement, or
maintenance of the Facilities that would affect the City’s conduit to permit the City to take
such action as it deems necessary to protect its conduit. The City’s exercise of its right to
repair/replace co-located fiber may not interfere with rail operations or with operations of
the SOO Green Facilities.
3.3 Payments to City. All invoice payments required by this Ordinance shall be made
payable to “The City of Dubuque, Iowa” and delivered to the City of Dubuque Finance De-
partment, City Hall. Any payments due not paid in full by the due date shall be subject to
the lesser of the maximum interest provided by law or 1% per month.
Section 4. Utilities.
4.1 Water Utilities. Prior to the commencement of any construction, the Company shall
work with the City Engineer and the Water Department to maintain adequate separation
from existing facilities to avoid interference and to minimize the risk of relocation of the
Facilities. The Company will seek to maintain a vertical depth of not less than six (6) feet
separation and a horizontal separation of not less than ten (10) feet from any City water
main. These distances can be reduced only if approved by the City Engineer. When cross-
ing or running parallel to a City water main, the water main shall be potholed by the Com-
pany for field verification before installation of the Company conduit. Areas of concern in-
clude but are not limited to those shown on Exhibit C.
4.2 Other Utilities. Prior to the commencement of any construction, the Company shall
coordinate on all construction of the Facilities to the satisfaction of the City Engineer to
minimize the impact on all other public and City utilities.
4.3 Damage to City Utilities. The Company shall reimburse the City for all costs and
damage to City utilities caused by SOO Green’s construction, reconstruction, relocation,
repair, replacement, operation, or maintenance of the Facilities promptly upon receipt of a
statement of such costs and damages from the City. The Company shall not be responsible
for any costs and damage to the City caused by the City’s negligence or willful misconduct.
Section 5. Indemnification.
5.1 The Company shall indemnify, defend and hold City, its officers and employees,
harmless from and against any and all claims, demands, losses, damages, cost and ex-
penses (including, but not limited to, court costs, fines, penalties and reasonable attorneys'
fees, but excluding consequential or indirect damages), judgments, liabilities and causes
of action of any nature whatsoever resulting from or relating to its negligent acts or omis-
sions in the use or occupancy of the streets, avenues, alleys and public places in the City,
a material breach of this Franchise, or arising in any manner out of the negligent acts or
omissions of its agents, employees, or contractors in connection with same, or with respect
to the violation of any laws, including without limitation, any environmental laws. The Com-
pany shall indemnify and defend the City for, from and against any and all mechanics' liens
and other liens and encumbrances filed by any person claiming by, through or under the
Company and against all costs, expenses, losses and liabilities (including reasonable at-
torneys' fees) incurred by the City in connection with any such lien or encumbrance or any
action or proceeding brought thereon. For avoidance of doubt regarding the scope of this
indemnification, the Company shall not be responsible for any costs and damage to the
City caused solely by the City’s negligence or willful misconduct.
31
5.2 The Company shall maintain commercial general liability insurance coverage, or its
equivalent, upon commencement of construction in the City and continuing throughout the
term of this Franchise as described in Exhibit D, as such schedule may reasonably be
amended from time to time by the City, provided however that any new requirements will
not exceed the requirements imposed on any other utility operating within the City, are
commercially available, and reasonably obtainable. The Company's failure to meet the in-
surance requirements shall not relieve the Company of its responsibilities under this Fran-
chise. Upon proof of financial responsibility to the reasonable satisfaction of the City, the
Company may be allowed to self-insure the coverages required. The Company shall pro-
vide the City with certificates of insurance or letter of self-insurance, subject to the approval
of the City in its sole discretion, upon request.
5.3 The requirements of indemnification shall not be a waiver of any right that the City
would have to assert defenses on its own behalf under state or federal law. The Company's
indemnification obligations under this Franchise shall survive the expiration, cancellation,
or termination of this Franchise in accordance with applicable statutes of limitation in force
within the state of Iowa.
Section 6. Relocation.
6.1 The Company shall, at its cost and expense, locate and relocate its Facilities in, on,
over or under any public street or alley or other public place in the City in such a manner
as the City may at any time reasonably require for the purposes of facilitating the construc-
tion, reconstruction, maintenance or repair of the street or alley or any public improvement
of, or public improvement, in or about any such street or alley or reasonably promoting the
efficient operation of any such improvement (“City Project”). The Company shall not be
required to relocate, at its cost and expense, Company facilities in the public right-of-way
that have been relocated at company expense at the direction of the City in the previous
three (3) years.
6.2 The City and the Company desire to minimize, to the fullest extent possible, the risk
that any of the Facilities would require relocation for the purposes of a future City Project.
The City has reviewed Exhibit A and used its best available information to identify any areas
where a City Project may occur during the term of this Franchise and could potentially result
in a Facilities relocation. The City and the Company will work together to revise the location
of the Facilities prior to construction to reduce the risk of any conflict. For future City Pro-
jects, the following will apply:
a. In developing a City Project, the City shall consider reasonable alternatives so as not
arbitrarily to cause the Company unreasonable additional expense.
b. If there is a potential conflict between a City Project and the Facilities, the City and the
Company will work together to identify alternatives that would avoid relocation of Fa-
cilities. When such alternative is available, SOO Green will have the option to pay the
incremental cost, if any, associated with the alternative to avoid relocation and the
City will implement that alternative if SOO Green so elects.
c. If a relocation of Facilities cannot be avoided, the City will provide a reasonable alter-
native location for the Company's facilities within City right-of-way. The Company shall
be solely responsible for any additional cost to the City as determined by the City
Engineer in the City Engineer’s sole discretion for providing such alternative location.
If the alternative location the City can provide within the City right-of-way is not ac-
ceptable to the Company, the Company is granted the power of eminent domain to
acquire the land rights necessary to relocate the Facilities to a suitable location. The
Company will not be required to deactivate and relocate existing Facilities until the
relocated Facilities are operational.
6.3 If the City orders or requests the Company to relocate its Facilities for the primary
benefit of a commercial or private project, or as the result of the initial request of a
32
commercial or private developer or other non-public entity, the City shall require advance
payment to the Company for all construction and transactions costs and the provision of
an alternative location for the Facilities of such relocation from such developer or other non-
public entity as a precondition to relocating the Facilities. If such pre-payment is made, the
Company will not be required to deactivate and relocate existing Facilities. The Company
will not be required to deactivate and relocate existing Facilities until the relocated Facilities
are operational.
6.4 The City shall give the Company reasonable advance written notice to vacate a pub-
lic right-of-way. Vacating a public right-of-way shall not deprive the Company of its right to
operate and maintain existing Facilities within the vacated right-of-way and the City shall
grant the Company a utility easement in the vacated public right-of-way until the City orders
or requests the Company to relocate its Facilities. If such relocation is for the primary benefit
of a commercial or private project, or as the result of the initial request of a commercial or
private developer or other non-public entity section 6.3 of this Franchise shall control. If the
relocation is for a City Project, Section 6.2 shall control. This paragraph shall not apply to
the realignment, reconstruction, or vacation of streets or alleys in a designated urban re-
newal area; provided, however, the City shall identify, reserve and make available alternate
locations for facilities to serve the designated urban renewal area consistent with the tech-
nical needs of the Company and consistent with Section 6.2.
Section 7. System Plans And Maps.
7.1 The Company shall apply to the City Engineering Department for a permit for work
performed in the City's right-of-way in accordance with the City’s regulations. Mapping in-
formation will be used solely and exclusively by the City in administering the use and occu-
pancy of the public right-of-way within the City and shall not be provided to or relied on by
any person for any other purpose. At the request of the City, mapping information will be
reviewed with the City staff. The City recognizes that Company claims the information may
constitute a trade secret or is otherwise protected from public disclosure by State or Federal
law on other grounds and agrees to protect the information to the extent allowed by State
or Federal law. Furthermore, the City agrees that no documents, maps or information pro-
vided to the City by the Company shall be made available to the public or other entities if
the Company certifies that such documents or information are exempt from disclosure un-
der the provisions of the Freedom of Information Act, the Federal Energy Regulatory Com-
mission Critical Energy Infrastructure requirements pursuant to 18 C.F.R. § 388.112 and §
388.113, or chapter 22 of the Code of Iowa, as such statutes and regulations may be
amended from time to time. In the event any action at law, in equity or administrative is
brought against the City regarding disclosure of any document which the Company has
designated as a trade secret or as otherwise protected from disclosure the City shall
promptly notify the Company. The Company shall at the City’s option assume the defense
of said action or agree to reimburse the City any and all costs, including attorney fees and
penalties, to the extent allowed by law which may result from any said action. Prior to any
excavating in the rights-of-way, both parties shall follow the procedures set forth in Iowa
Code Chapter 480 or an entity with a similar function utilized by both the City and the Com-
pany, currently the Iowa One Call System.
7.2 For emergencies, the Company may proceed with the work without first applying for
a permit, provided, however, that the Company shall apply for and obtain a permit as soon
as practicable after commencing such work.
7.3 The Company shall replace the surface, restoring the condition as existed prior to
the company's excavation, but shall not be required to improve or modify the public right-
of-way unless said improvement is necessary to meet a SUDAS (Statewide Urban Design
and Specifications) standard, a requirement of the Americans With Disabilities Act, or any
other standard mandated by State or Federal law, provided however, if any improvement
33
is requested or required for aesthetic, cosmetic or similar purposes not mandated by State
or Federal law the City shall reimburse the company the incremental cost of such improve-
ments. The company shall complete all repairs in a timely and prompt manner. Company
agrees any replacement of road surface shall conform to current City ordinances regarding
its depth and composition.
Section 8. Annual Planning Meeting. The Company operations staff will, at the request of
the City, attend an annual meeting with the City Engineering Department and other interested
city personnel to discuss utility reliability standards, including comparisons to regional and
national reliability statistics, annual and long-term construction coordination planning for the
Company and City and other related items. This will not replace any periodic meetings needed
on specific projects and issues. The City also holds monthly utility coordination meetings. The
City shall timely provide the Company with minutes of the monthly meeting and the Company
will timely review and notify the City of any potential conflicts a proposed project may have on
the Facilities. Notwithstanding the foregoing, the City Engineer may require a Company rep-
resentative to attend any monthly meeting where the subject of the meeting may include a
proposed project which may significantly affect the Facilities. SOO Green will notify the City
of its point of contact for monthly meeting minutes and the annual planning meeting at least
30 days prior to commercial operation date.
Section 9. Reliability. The Company will maintain compliance with applicable National Elec-
tric Safety Code, Iowa Utilities Board regulatory standards and North American Electric Reli-
ability Corporation standards.
Section 10. Non-Exclusivity. The franchise granted by this Ordinance shall not be exclu-
sive. The City shall not, however, grant a subsequent franchise that would impair, obstruct, or
diminish the franchise rights of the Company under this Ordinance.
Section 11. Emergency Training, Participation And Communication. The Company will
maintain a twenty-four (24) hour contact with City of Dubuque Police Dispatch or other emer-
gency management contact for emergency communications. The Company shall provide
training on safety matters related to the Facilities upon the request of the Fire Chief.
Section 12. Corporate Philanthropy. On an annual basis, the Company will provide notice
to the City Manager of whether the Company has any grants or other corporate giving oppor-
tunities for which the City of Dubuque or businesses located in may be eligible.
Section 13. Publication Expenses. The expense of the publication of this Ordinance shall
be paid by the Company.
Section 14. Repeal Of Conflicting Ordinances. All ordinances, or parts of ordinances, inso-
far as they are in direct conflict herewith, are hereby repealed.
Section 15. Compliance With City Ordinances. The Company shall, to the extent not incon-
sistent with the terms of this Franchise, at all times during the term of this Franchise ordinance
conform with, submit to, and carry out the provisions of any and all valid ordinances existing
or as hereafter lawfully enacted relating the City's exercise of its police powers.
Section 16. Dispute Resolution. The City and the Company agree to attempt to resolve any
dispute or disagreement which is not a material breach arising under or in connection with
this Ordnance in good faith through discussion between their authorized representatives. If
they are unable to resolve any such dispute within thirty (30) calendar days from the date on
which either the City or the Company delivers to the other written notice of such dispute, then
senior management designees for the City and the Company shall discuss the matter in an
attempt to resolve the dispute or disagreement. In the event the senior management design-
ees are unable to resolve any such dispute within thirty (30) calendar days, the City and Com-
pany agree to try in good faith to settle the dispute by mediation prior to, and as a precondition
to, commencing any litigation. The City and Company will bear their own attorneys’ fees, ex-
pert witnesses’ fees, costs, and expenses in the mediation. The mediation shall be in Dubu-
que unless another location is mutually agreed upon. Agreements reached in mediation shall
34
be enforceable as settlement agreements in any court having jurisdiction thereof.
Section 17. Material Breach. Either the City or the Company may terminate this Franchise
if the other party shall be materially in breach of its provisions. Upon the occurrence of a ma-
terial breach, the nonbreaching party shall provide the breaching party with notification by
certified mail specifying the alleged breach. The breaching party shall have sixty (60) days to
cure the breach, unless it notifies the nonbreaching party, and the parties agree upon a longer
period for cure. If the breach is not cured within the cure period, the nonbreaching party may
terminate this Franchise. A party shall not be considered to be in breach of this Franchise if it
has operated in compliance with state or federal law. A party shall not be considered to have
breached this Franchise if the alleged breach is the result of the actions of a third party or the
other party.
Section 18. Closing. This Franchise ordinance sets forth and constitutes the entire agree-
ment between the Company and the City of Dubuque with respect to the rights contained
herein, and may not be superseded, modified, or otherwise amended without the approval
and acceptance of the Company.
Section 19. Severability. If any of the provisions of this Franchise are for any reason de-
clared to be illegal or void, the lawful provisions of this Franchise, which are severable from
said unlawful provisions, shall be and remain in full force and effect, the same as if the Fran-
chise contained no illegal or void provisions.
Section 20. Effective and Binding. This Ordinance and the rights and privileges herein
granted shall become effective and binding upon its approval, passage in accordance with
Iowa law, the written acceptance by the Company, publication, and notice by the Company
as provided below. The City shall provide the Company with an original signed and sealed
copy of this Ordinance within ten (10) days of its final passage. The Company shall, within
sixty (60) days after the City Council approval of this Ordinance, file in the office of the clerk
of the city, its acceptance in writing of all the terms and provisions of this Ordinance. Following
City Council approval and Company acceptance, this Ordinance shall be published in accord-
ance with the Code of Iowa. The Effective Date of this Ordinance shall be the earlier of (a) the
date the Company provides written notice to the City Manager that any mobilization, staging,
or construction of the Facilities will commence within the City limits or (b) December 31, 2026.
Section 21. Vegetation Management. The City agrees not to plant any trees directly above
the Facilities. The Company is authorized and empowered to prune or remove at Company
expense, any tree extending into any street, avenue, right-of-way, alley, public place, or public
ground that the company determines, in its sole discretion, that will interfere with the construc-
tion or safe operation of the Facilities. For every tree that SOO Green removes that is more
than 6 inches in diameter, the Company shall pay the City upon invoice the sum of three
hundred fifty dollars ($350.00) per tree, which amount shall be adjusted annually commencing
on the first anniversary of the adoption of this Franchise, and each anniversary thereafter by
the change in percentage in the United States Bureau of Labor Statistics Consumer Price
Index ("CPI") as of the applicable anniversary of this Franchise compared to the CPI as of the
same date of the previous year. The Company shall have no other liability to the City. The
“CPI Adjustment” shall be a fraction expressed as a decimal, the numerator of which shall be
the Current CPI minus the Prior CPI and the denominator of which is the Prior CPI, or 3%
whichever amount is less. The “Current CPI” is the latest CPI published prior to the anniver-
sary date of the Effective Date. The “Prior CPI” is the CPI published in the immediately pre-
ceding calendar year for the same month as the Current CPI. The term “CPI” shall mean the
“Consumer Price Index for All Urban Consumers (CPI-U)” published by the Bureau of Labor
Statistics of the U.S. Department of Labor, All Items (1982-84=100), U.S. City Average, or
any successor index thereto, appropriately adjusted. If the CPI ceases to be published and
there is no successor thereto, such other government or nonpartisan index or computation
shall be used which would obtain a substantially similar result as if the CPI had not been
35
discontinued.
Section 22. Public Places: “Public places” means any property owned by the City.
Section 23. No Other License Required: Dubuque City Code § 11-6 is inapplicable to the
Company and the Facilities as proposed.
Section 24. Assignment: No sale, assignment or lease of this Franchise shall be effective
until it is approved by the city council and after the Company has filed in the office of the city
clerk written notice of the proposed sale, transfer, disposition or assignment, such notice to
clearly summarize the proposed procedure and the terms and conditions thereof. Such ap-
proval by the city council shall not be unreasonably withheld. The proposed vendor, assignee
or lessee shall similarly file an instrument, duly executed, reciting such proposal, accepting
the terms of this Franchise and agreeing to perform all the conditions thereof. This provision
shall not apply, however, to collateral assignments in connection with a project financing of
the project.
Section 25. Notices: Any written notice required by this Franchise shall be sent by first class
mail to the persons and addresses below.
For SOO Green
/s/Raj Rajan, Vice President -- Project Development
SOO Green HVDC Link ProjectCo, LLC
1600 Utica Ave S, 9th Floor
St. Louis Park, Minnesota 55416
For the City of Dubuque
City Manager
City Hall
50 West 13th Street
Dubuque, Iowa 52001
with copy to:
City Attorney
City Hall
50 West 13th Street
Dubuque, Iowa 52001
Section 26. Renewal: The City and the Company will meet at least 12 months prior to the
expiration of this Franchise to discuss renewal of the Franchise.
Passed and approved this 20th day of November, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
PUBLIC INPUT
Jamie Carr, 945 Clarke Dr., spoke in opposition to Action Item No. 4, expressing concerns
including lack of public oversight on the vendor who would operate the automated speed en-
forcement software, lack of crash data from the speed study, and citations being issued to the
title holder of the vehicle rather than the driver during an alleged speeding incident.
Daniel Simon, 3519 Eclipse Circle, provided written input via the GoToMeeting chat in op-
position to Action Item No. 4, expressing concerns including security breaches to the auto-
mated speed enforcement software, negative visitor perceptions, and lack of resident input
on the decision to implement automated speed enforcement.
ACTION ITEMS
1. 3000 Jackson H & W Building Update: Motion by Sprank to receive and file the docu-
ments. Seconded by Jones. Housing and Community Development Director Alexis Steger
36
provided an update and responded to questions from the City Council regarding concerns for
area homeowners and the potential remedies to reopen the street. City Manager Van Milligen
and City Attorney Brumwell stated that the city would explore all efforts for the current H & W
Building owner to complete the necessary structural work, and that the city would have the
right to perform the work and assess it to the owner if necessary. City Council Members ex-
pressed their frustration with the building owner’s delays in completing the structural work and
how the street closures are negatively impacting area businesses. Mayor Cavanagh re-
quested an additional update at the December 4th City Council meeting. Motion carried 7-0.
2. Purchase of Property at 2820 Brunswick: Motion by Sprank to receive and file the doc-
uments and adopt Resolution No. 391-23 Approving the acquisition of real estate owned by
the Esther J. Thome Estate at 2820 Brunswick Street in the City of Dubuque. Seconded by
Wethal. Responding to questions from the City Council, Housing and Community Develop-
ment Director Alexis Steger stated that city staff are seeking a partner to work on turning the
property and associated lots into affordable housing units. Motion carried 7-0.
RESOLUTION NO.391-23
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY THE ESTHER J.
THOME ESTATE AT 2820 BRUNSWICK STREET IN THE CITY OF DUBUQUE
Whereas, the City of Dubuque intends to acquire certain real estate for the purpose of
rehabbing, developing and reselling the property to income qualified households; and
Whereas, a purchase agreement has been finalized with the owner of the property sched-
uled for acquisition; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE IOWA:
Section 1: That the City of Dubuque hereby approves the acquisition of the following legally
described properties,
Lots 49, 50, 51 and 52 in Belmont addition and Lots 64, 65, 66 and the Northerly Half of
Lot 63 in Belmont Addition a subdivision in the City and County of Dubuque, State of Iowa.
at the cost of Three Hundred Thirty-Nine Thousand Nine Hundred Dollars ($339,900).
Section 2: That the City of Dubuque approves the acquisition of 2820 Brunswick owned by
the estate of Esther J. Thome at the cost of Three Hundred Thirty-Nine Thousand Nine Hun-
dred ($339,900).
Section 3: That the City of Dubuque be and is hereby authorized to accept a Warranty
Deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa for the
herein described real estate.
Section 4. That the City Clerk be and is hereby authorized and directed to cause said War-
ranty Deed to be recorded in the office of the Dubuque County Recorder, together with certi-
fied copy of the Resolution.
Section 5. 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.
37
Passed, approved, and adopted this 20th day of November 2023.
Brad Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
3. Tax Increment Ordinance for the Emri Urban Renewal District: Motion by Roussell to
receive and file the documents and that the requirement that a proposed ordinance be con-
sidered 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. Responding to a question from the City
Council, Economic Development Director Jill Connors stated that the resolution that City
Council adopted during Public Hearing No. 4 created the Emri Urban Renewal area. The City
Council must then adopt an ordinance to create the tax increment financing (TIF) district to
allow for the collection of property tax increment on all properties within the district. Motion
carried 7-0.
Motion by Roussell for final consideration and passage of Ordinance No. 51-23 Providing
that general property taxes levied and collected each year on all property located within the
Emri Economic Development District of the City of Dubuque, County of Dubuque, State of
Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubu-
que Community School District, and other taxing districts, be paid to a special fund for pay-
ment of principal and interest on loans, monies advanced to and indebtedness, including
bonds issued or to be issued, incurred by said city in connection with the Emri Economic
Development District Redevelopment Project. Seconded by Farber. Motion carried 7-0.
ORDINANCE NO. 51-23
PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH
YEAR ON ALL PROPERTY LOCATED WITHIN THE EMRI ECONOMIC DEVELOPMENT
DISTRICT OF THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY
AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF
DUBUQUE, DUBUQUE COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DIS-
TRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST
ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS IS-
SUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH THE EMRI
ECONOMIC DEVELOPMENT DISTRICT REDEVELOPMENT PROJECT
Whereas, the City Council of the City of Dubuque, Iowa, after public notice and hearing as
prescribed by law and pursuant to Resolution No. 387-23 adopted on November 20, 2023,
adopted an Urban Renewal Plan for an urban renewal area known as the Emri Economic
Development District (the “Project Area”), which Project Area includes the lots and parcels
described in said Urban Renewal Plan; and
Whereas, expenditures and indebtedness are anticipated to be incurred in the future to
finance urban renewal project activities carried out in furtherance of the foregoing Urban Re-
newal Plan; and
Whereas, the City Council desires to provide for the division of revenue from taxation in the
Project Area in accordance with the provisions of Section 403.19 of the Code of Iowa, as
amended; and
Whereas, the following enactment is necessary to accomplish the objectives described in
the premises.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Section 1: For purposes of this Ordinance, the following terms shall have the following
meanings:
(a) Project Area shall mean that portion of the City of Dubuque, Iowa described in the
Urban Renewal Plan for the Emri Economic Development District approved by Resolution
38
No. 387-23 on November 20, 2023, which Project Area includes the lots and parcels lo-
cated within the area now legally described as follows:
Lot 2 of Pizza Ranch Place, and all that part of the Right of Way of Radford Road adja-
cent to said Lot 2
All in the City of Dubuque, Iowa.
Section 2: The taxes levied on the taxable property in the Project Area, legally described in
Section 1 hereof, by and for the benefit of the State of Iowa, City of Dubuque, County of
Dubuque, Dubuque Community School District, and all other taxing districts from and after
the effective date of this Ordinance shall be divided as hereinafter in this Ordinance provided.
Section 3: That portion of the taxes which would be produced by the rate at which the tax
is levied each year by or for each of the taxing districts taxing property in the Project Area
upon the total sum of the assessed value of the taxable property in the Project Area, as shown
on the assessment roll as of January 1 of the calendar year preceding the first calendar year
in which the City of Dubuque certifies to the County Auditor the amount of loans, advances,
indebtedness, or bonds payable from the division of property tax revenue described herein,
shall be allocated to and when collected be paid into the fund for the respective taxing district
as taxes by or for said taxing district into which all other property taxes are paid. The taxes so
determined shall be referred herein as the "base period taxes" for such Project Area.
Section 4: That portion of the taxes each year in excess of the base period taxes for the
Project Area, determined as provided in Section 3 of this Ordinance, shall be allocated to and
when collected be paid into a special tax increment fund hereby established by the City of
Dubuque to pay the principal of and interest on loans, monies advanced to, or indebtedness,
whether funded, refunded, assumed or otherwise, including bonds issued under authority of
Section 403.9 or Section 403.12 of the Code of Iowa, incurred by the City of Dubuque, Iowa
to finance or refinance, in whole or in part, urban renewal projects undertaken within the Pro-
ject Area pursuant to the Urban Renewal Plan, except that taxes for the regular and voter-
approved physical plant and equipment levy of a school district imposed pursuant to Section
298.2 and taxes for the instructional support program of a school district imposed pursuant to
Section 257.19, but only to the extent authorized in Section 403.19(2), and taxes for the pay-
ment of bonds and interest of each taxing district and any other tax levy exceptions under
Section 403.19 shall be collected against all taxable property within the Project Area without
any limitation as hereinabove provided.
Section 5: Unless or until the total assessed valuation of the taxable property in the Project
Area exceeds the total assessed value of the taxable property in said area as shown by the
assessment roll referred to in Section 3 of this Ordinance, all of the taxes levied and collected
upon the taxable property in the Project Area shall be paid into the funds for the respective
taxing districts as taxes by or for the taxing districts in the same manner as all other property
taxes.
Section 6: At such time as the loans, monies advanced, bonds and interest thereon and
indebtedness of the City of Dubuque referred to in Section 4 hereof have been paid, all monies
thereafter received from taxes upon the taxable property in the Project Area shall be paid into
the funds for the respective taxing districts in the same manner as taxes on all other property.
Section 7. All ordinances or parts of ordinances in conflict with the provisions of this Ordi-
nance are hereby repealed. The provisions of this Ordinance are intended and shall be con-
strued so as to fully implement the provisions of Section 403.19 of the Code of Iowa, as
amended, with respect to the division of taxes from property within the Project Area as de-
scribed above. In the event that any provision of this Ordinance shall be determined to be
contrary to law, it shall not affect other provisions or application of this Ordinance which shall
at all times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa
with reference to the Project Area and the territory contained therein.
Section 8: This Ordinance shall be in effect after its final passage, approval and publication
39
as provided by law.
Passed and approved this 20th day of November, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
4. Automated Speed Enforcement: 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 Sprank. Police Chief Jeremy Jensen and Traffic Engineer Justine Hull made a presenta-
tion. Responding to questions from the City Council, Chief Jensen stated that the trucking
industry logs their trucks’ speeds and that the Iowa Department of Transportation (IDOT)
acknowledges that crash data is challenging to analyze. City Attorney Brumwell confirmed
that the proposed ordinance does not include language on vehicle rentals. City Engineer Gus
Psihoyos stated that city staff review specific areas to determine speed limits, with residential
streets automatically classified at 25 miles per hour and arterial speed limits determined by
the 85th percentile of speeds. City Council Members discussed at length their perceptions of
the ordinance, with many City Council Members interpreting the ordinance’s intent as ad-
dressing safety concerns and emphasizing that they do not perceive the ordinance as a rev-
enue generator. City Council Members also thanked residents for their input. Motion carried
6-1 with Resnick voting nay.
Motion by Jones for final consideration and passage of Ordinance No. 52-23 Amending
Title 9 Motor Vehicles and Traffic, Chapter 7 Operation, Division 5 Speed Restrictions by en-
acting a new Section 9-7-321.286 Automated Speed Enforcement regarding automated
speed enforcement and the process for challenging an automated speed citation. Seconded
by Sprank. Motion carried 6-1 with Resnick voting nay.
ORDINANCE NO. 52 - 23
AMENDING TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAPTER 7 OPERATION, DI-
VISION 5 SPEED RESTRICTIONS BY ENACTING A NEW SECTION 9-7-321.286 AUTO-
MATED SPEED ENFORCEMENT REGARDING AUTOMATED SPEED ENFORCEMENT
AND THE PROCESS FOR CHALLENGING AN AUTOMATED SPEED CITATION
Whereas, the City Council has been presented with information and opinions concerning
Automated Speed Enforcement; and
Whereas, the Dubuque City Council finds the use of Automated Speed Enforcement ad-
vances a multitude of public interests including but not limited to traffic safety, safety of emer-
gency responders, acting as a police force multiplier, and as a cost-effective mechanism for
the enforcement of speed laws benefiting taxpayers; and
Whereas, the use of Automated Speed Enforcement devices which capture license plate
image(s) strikes a desirable balance between the above-stated public interests and privacy
interests of the motoring public; and
Whereas, the National Law Enforcement Telecommunications System is a cost-effective
means for determining ownership of vehicles detected as traveling in violation of speed laws
within the City limits; and
Whereas, the technology underlying Automated Speed Enforcement is reliable and its ac-
curacy is verified by a police officer.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 9, Chapter 7, Division 5 of the City of Dubuque Code of Ordinances is
amended by adding the following section:
9-7-321.286: AUTOMATED SPEED ENFORCEMENT:
A. General: In accordance with its police powers, the City may deploy, erect, or cause to
40
have erected an automated speed enforcement system for capturing images of motor vehi-
cles that violate speed laws by failing to obey the posted speed regulations within the City.
The system may be managed by an Automated Speed Enforcement Contractor that owns
and operates the requisite equipment. The police department shall retain supervisory control
over the system. The Automated Speed Enforcement Contractor shall provide photographic
and/or video images of any potential violations to the police department to review and, in the
event the police department determines a vehicle was operated in violation of the City's speed
ordinances, the police department shall direct that a notice of Automated Speed Citation be
issued to the vehicle owner in accordance with this section.
B. Definitions:
1. Automated Speed Citation shall mean a notice of violation generated in connection
with the Automated Speed Enforcement System.
2. Automated Speed Enforcement Contractor shall mean the company or entity, if any,
with which the City of Dubuque contracts to provide equipment and/or services in connec-
tion with the Automated Speed Enforcement System.
3. Automated Speed Enforcement System shall mean an electronic system consisting
of a photographic, video, electronic, or digital camera, a speed sensor, and a vehicle sensor
installed to work in conjunction with an official traffic controller or police department em-
ployee to automatically produce photographs, video, or digital images of each vehicle vio-
lating a speed limit ordinance.
4. Divided Highway shall mean a roadway that is separated by a median.
5. “Low or moderate income” also referred to as “LMI”, means an individual earning no
more than eighty percent of the higher of the median family income of the county or the
statewide nonmetropolitan area as determined by the latest United States department of
housing and urban development, section 8 income guidelines.
6. Undivided Highway shall mean a roadway without median separation.
7. Vehicle Owner shall mean the person or entity identified by the Iowa Department of
Transportation, or identified by any other state vehicle registration office, as the registered
owner of a vehicle detected violating a traffic ordinance by failing to obey a speed regulation
within the City. Notwithstanding the foregoing, in the event the Iowa Department of Trans-
portation or any other state vehicle registration office identifies a person or entity as the
lessee of the vehicle, that lessee shall be the Vehicle Owner for purposes of this section.
In the event a state registration office does not specify whether a person or entity listed on
the registration for the vehicle is the owner or the lessee of the vehicle, any person or entity
listed on that vehicle registration may be deemed the Vehicle Owner and held jointly and
severally responsible for a violation of this section.
C. Vehicle Owner Subject to Civil Fine for Automated Speed Citations:
1. If a vehicle is detected traveling at a speed above the posted limit, the Vehicle Owner
shall be subject to a civil penalty as scheduled below in subsection 9-7-321.286(D).
2. Exemptions from this section are set forth in subsection 9-7-321.286(G) and shall not
be considered violations for purposes of the Automated Speed Enforcement System.
3. In no event will an Automated Speed Citation be sent or reported to the Iowa Depart-
ment of Transportation or similar department of any other state for the purpose of being
added to the Vehicle Owner's driving record.
D. Notice of Automated Speed Citation; Fines:
1. Upon a Dubuque Police Officer’s determination that the Automated Speed Enforce-
ment System has detected a violation described in subsection 9-7-321.286(C)(1), a notice
of an Automated Speed Citation will be mailed to the Vehicle Owner for each such violation
recorded by the Automated Speed Enforcement System. The Automated Speed Enforce-
ment Contractor shall mail the notice within thirty (30) days after receiving information about
the Vehicle Owner. The notice shall include the name and address of the Vehicle Owner;
41
the vehicle make, if available and readily discernable; the vehicle registration number; the
violation alleged; the time, date, and location of the alleged violation; the applicable civil
penalty; information as to the manner in which the Automated Speed Citation may be chal-
lenged; and that the basis of the notice is a photographic or video record generated by an
Automated Speed Enforcement System.
2. Speed Zone Under 45 Miles Per Hour and Undivided Highways with Speed Zone 45
Miles Per Hour.
Any violation of subsection 9-7-321.286(C)(1) which occurs in an area:
a. With a speed limit under 45 miles per hour or
b. On an Undivided Highway where the speed zone is 45 miles per hour
shall be subject to a civil penalty as scheduled in the table below, and the civil penalty
for any violation committed in a designated construction zone (as provided by the Code of
Iowa), shall be doubled, as scheduled below, subject in any event to the statutory limit on
civil penalties applicable to municipal infractions.
<45 mph Speed Limit
and
Undivided Highways with 45 miles per hour Speed Limit
Over Speed
Limit (MPH)
First Of-
fense Civil
Penalties
Second Of-
fense Civil
Penalties
Third & Sub-
sequent Of-
fenses Civil
Penalties*
Third Offense
Community Ser-
vice Options
Fourth Offense
Community Ser-
vice Options - LMI
Individuals ONLY
Construction & School
Zones Civil Penalties
1 – 5 N/A N/A N/A N/A N/A $0
6 – 10 N/A N/A N/A N/A N/A $100
11 – 15
$100
Courtesy
Waiver
$125
50% reduction
to $62.50
$150 Community Ser-
vice Available
Community Service
Available
1st Offense: $200
2nd Offense: $250
3rd & Subsequent: $300
16 – 20
$125
Courtesy
Waiver
$150
50% reduction
to $75
$175 Community Ser-
vice Available
Community Service
Available
1st Offense: $250
2nd Offense: $300
3rd & Subsequent: $350
21 – 25 $150 $175 $200 N/A Extra Community
Service Required
1st Offense: $300
2nd Offense: $350
3rd & Subsequent: $400
26 – 30 $175 $200 $225 N/A Extra Community
Service Required
1st Offense: $350
2nd Offense: $400
3rd & Subsequent: $450
31 + $200 $225 $250 N/A Extra Community
Service Required
1st Offense: $400
2nd Offense: $450
3rd & Subsequent: $500
*After issuance of a First and Second offense all Third and Subsequent Offenses shall
move into the civil penalty category for Third & Subsequent Offenses.
3. Divided Highways with a Speed Limit 45 Miles Per Hour or Higher.
Any violation of subsection 9-7-321.286(C)(1) which occurs on a divided highway with a
speed limit 45 miles per hour or higher shall be subject to a civil penalty as scheduled in
the table below, and the civil penalty for any violation committed in a designated construc-
tion zone (as provided by the Code of Iowa), shall be doubled, as scheduled below, subject
in any event to the statutory limit on civil penalties applicable to municipal infractions.
Divided Highways with a Speed Limit 45 miles per hour or Higher
Over Speed
Limit (MPH)
First Of-
fense Civil
Penalties
Second Of-
fense Civil
Penalties
Third & Sub-
sequent Of-
fenses Civil
Penalties*
Third Offense
Community
Service Op-
tions
Fourth Offense
Community Ser-
vice Options -
LMI Individuals
ONLY
Construction &
School Zones Civil
Penalties
1 – 5 N/A N/A N/A N/A N/A $0
6 – 10 N/A N/A N/A N/A N/A $100
42
11 – 15 N/A N/A N/A N/A N/A $200
16 – 20
$125 Cour-
tesy
Waiver
$150 50% re-
duction to
$75
$175
Community
Service Avail-
able
Community Ser-
vice Available
1st Offense: $250
2nd Offense: $300
3rd & Subsequent: $350
21 – 25 $150 $175 $200 N/A Extra Community
Service Required
1st Offense: $300
2nd Offense: $350
3rd & Subsequent: $400
26 – 30 $175 $200 $225 N/A Extra Community
Service Required
1st Offense: $350
2nd Offense: $400
3rd & Subsequent: $450
31 + $200 $225 $250 N/A Extra Community
Service Required
1st Offense: $400
2nd Offense: $450
3rd & Subsequent: $500
*After issuance of a First and Second offense, all subsequent offenses shall move into the
civil penalty category for Third & Subsequent Offenses.
E. Challenging an Automated Speed Citation: Within thirty (30) days from the date appear-
ing at the top of a notice of Automated Speed Citation sent to the Vehicle Owner, the Vehicle
Owner may either pay the fee associated with the citation or challenge the citation by submit-
ting a written challenge to the citation or requesting that a municipal infraction be filed pursuant
to Iowa Code §364.22. Any such written challenge or request must be on a form specified by
and available from the City as indicated on the notice and be sent to the City according to the
instructions on that form. Upon receipt of a written challenge, a Dubuque Police Officer shall
determine whether the citation should be rescinded. Within thirty (30) days after the City re-
ceives such a challenge, the City shall notify the Vehicle Owner whether the challenge to the
Automated Speed Citation is successful, in which case, the citation shall be rescinded. Oth-
erwise, the citation shall stand. Thereafter, the City may seek voluntary payment and/or file
the citation as a municipal infraction against the Vehicle Owner, all as set forth in subsection
(F) hereof.
F. Failure to Timely Pay or Challenge Automated Speed Citation: If the recipient of an Au-
tomated Speed Citation does not either pay the fine by the due date stated on the original
citation or successfully challenge the citation as provided herein, the City may file a municipal
infraction against the Vehicle Owner in accordance with City Code § 1-4-2 and § 364.22 of
the Code of Iowa, seeking judgment for the violation and the applicable civil penalty provided
in subsections 9-7-321.286(C) and (D), plus state-mandated filing fees and court costs. If
judgment is entered for the City in the municipal infraction proceeding, the City may, subject
to applicable law, pursue enforcement of the judgment together with interest as permitted by
law. Collection of the judgment may include referral to the State of Iowa Offset Program ad-
ministered by the Department of Administrative Services, State Accounting Enterprise, or any
similar subsequent agency. Notwithstanding the City’s right to file a municipal infraction, the
City may first seek voluntary payment of the fine by sending a written request for payment to
the Vehicle Owner and/or referring the matter to a private service agent to conduct collection
in accordance with all applicable law.
G. Exemptions from Section 9-7-321.386: The following shall not be considered violations
of this ordinance:
1. The operator of the vehicle in question was issued a uniform traffic citation for the
violation in question pursuant to City Code §9-7-321.285 or Chapter 321 of the Code of
Iowa.
2. The violation occurred at any time after the vehicle in question or its state registration
plates were reported to a law enforcement agency as having been stolen, provided, how-
ever, the vehicle or its plates had not been recovered by the Vehicle Owner at the time of
the alleged violation.
3. The vehicle in question was an authorized emergency vehicle.
4. The Dubuque Police Officer inspecting the recorded image determines that the
43
vehicle in question was lawfully participating in a funeral procession.
The foregoing list of exemptions from Section 9-7-321.286 shall not be construed as limiting
the defenses available to challenge an Automated Speed Citation or defend against a mu-
nicipal infraction.
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 20th day of November, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
COUNCIL MEMBER REPORTS
Council Member Farber reported on attending the National League of Cities (NLC) Infor-
mation Technology and Communications Committee (ITC) meeting and her recent presenta-
tion at NLC’s City Summit conference on the Rebuilding American Infrastructure with Sus-
tainability and Equity (RAISE) Grant.
Council Member Jones reported on the recent City and School Election and a recent leg-
islative breakfast he attended on brain health.
Council Member Wethal reported on attending a neighborhood dinner at the Dubuque Res-
cue Mission and a MercyOne and Veterans Affairs (VA) health clinic on caring for veterans at
risk of suicide.
Council Member Roussell reported on attending a Dubuque Audubon Society Clean Up
event at the 16th St. Detention Basin, Ruby Sutton Day at the Multicultural Family Center
(MFC) and Opening Doors’ Attitude of Gratitude event. Ms. Roussell also congratulated the
Dubuque Symphony on their recent performance honoring veterans.
Mayor Cavanagh also reported on attending NLC’s City Summit conference. Mayor
Cavanagh stated that at the conference he joined Chief of Equity and Human Rights Gisella
Aitken-Shadle in working toward NLC’s City Inclusive Entrepreneurship Program and that he
participated in a panel on revitalizing downtowns.
CLOSED SESSION
Motion by Jones to convene in closed session at 10:57 p.m. to discuss Confidential Rec-
ords and Purchase or Sale of Real Estate – Chapter 21.5(1)(a),(j) Code of Iowa. Seconded
by Sprank. Mayor Cavanagh stated for the record that the attorney who will consult with City
Council on the issues to be discussed in the closed session is City Attorney Brumwell. Motion
carried 7-0.
The City Council reconvened in open session at 11:30 p.m. stating that staff had been
given proper direction.
ADJOURNMENT
There being no further business, Mayor Cavanagh declared the meeting adjourned at
11:30 p.m.
/s/Adrienne N. Breitfelder, CMC City Clerk