7 7 25 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 6:00 p.m. on July 7, 2025, 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, Assistant City Attorney Lehman.
Mayor Cavanagh read the call and stated this is a special session of the City Council
called for the purpose of conducting a work session on Four Mounds Foundation.
WORK SESSION
Four Mounds Foundation
Consultant Ellen Goodmann Miller presented on the work of Four Mounds Foundation.
Four Mounds Foundation Program Manager Becky Bodish and Lori Appel, whose child
Arica participated in Four Mounds programming, also spoke. In response to questions,
Bodish shared the benefits of the programs, the foundation’s partnership with the City,
and the facility’s options for hosting events.
There being no further business, Mayor Cavanagh declared the meeting adjourned at
6:28 p.m.
/s/Adrienne N. Breitfelder, CMC, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on July 7, 2025, 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, Assistant City Attorney Lehman.
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
PRESENTATIONS
1. Governor's Volunteer Award Recognition: Director of Sustainability Gina Bell recog-
nized Jessica Anderschau, Green Iowa AmeriCorps member in the Office of Sustainabil-
ity, for receiving the Governor's Volunteer Award.
2. Dubuque Area Chamber of Commerce's Chamber Chair Award Recognition : Dubu-
que Area Chamber of Commerce’s President and CEO Molly Grover recognized Airport
Director Todd Dalsing for receiving the Chamber Chair Award.
PROCLAMATIONS
1. Dubuque County Fair Week (July 22 - 27, 2025) was accepted by John Bries and
Kevin Kotz on behalf of the Dubuque County Fair Association.
CONSENT ITEMS
Rousell requested Item No. 9 be held for separate discussion. Wethal requested Item
No. 5 be held for separate discussion. Motion by Resnick to receive and file the docu-
ments, adopt the resolutions, and dispose of as indicated, except for Item Nos. 5 and 9 .
Seconded by Farber. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council Proceedings of June 16, 2025; Arts
and Cultural Affairs Commission of May 27, 2025; Civil Service Commission of January
17, February 12, March 3, March 12, March 20, and April 9, 2025; Community Develop-
ment Advisory Commission of May 21, 2025; Historic Preservation Commission of May
15, 2025; Library Board of Trustees Update from May 22, 2025; Park and Recreation
Commission of May 21, 2025; Resilient Community Advisory Commission of April 23,
2025; Zoning Advisory Commission of June 4, 2025; Zoning Board of Adjustment from
May 22, 2025; Proof of Publication for City Council Proceedings of June 2, 2025. Upon
motion the documents were received and filed.
2. Notice of Claims and Suits: Cathleen Avenarius for vehicle damage; Craig Demoss
for property damage; Samantha Giglio for vehicle damage; Edward and Carol Marinko
for property damage. Upon motion the documents were received, filed, and referred to
the City Attorney.
3. Approval of City Expenditures: Upon motion the documents were received and filed,
and Resolution No. 231-25 Authorizing the Chief Financial Officer/City Treasurer to make
certain payments of bills that must be paid and approved for payment in accordance with
City procedures was adopted.
RESOLUTION NO. 231-25
AUTHORIZING THE CHIEF FINANCIAL OFFICER / CITY TREASURER TO MAKE
CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAY-
MENT 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 generally accepted internal control procedures and have been determined to have
been requisitioned for a lawful municipal purpose; and
Whereas, the Chief Financial Officer-City Treasurer has provided a list of 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 Cit y
Council approval and such list is attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Chief Financial Officer-City Treasurer is hereby authorized to issue
payment for goods and services provided for City purposes in response to the purchase
orders and contracts issued in compliance with state and municipal code requirements
as requested by designated requisitioning authorities in accordance with approved budget
appropriations.
Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Chief
Financial Officer are hereby authorized and directed to provide the statement of receipts
and disbursements to the City Council, and to publish a summary thereof.
Passed, approved, and adopted this 7th day of July 2025.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
4. Acceptance of the Southgate Drive Sanitary Project: Upon motion the documents
were received and filed, and Resolution No. 232-25 Accepting the Southgate Drive San-
itary Improvements Project and Authorizing Final Payment to the Contractor was adopted.
RESOLUTION NO. 232-25
ACCEPTING THE SOUTHGATE DRIVE SANITARY IMPROVEMENTS PROJECT AND
AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the Southgate Drive Sanitary Improve-
ments Project (the Project) has been completed by the contractor, Tschiggfrie Excavating
(Contractor), and the City Engineer has examined the work and recommends that the
Project be accepted; and
Whereas, the final contract amount for the Project is $167,092.00; and
Whereas, the Contractor has previously been paid $158,737.59, leaving a balance of
$8,354.61; and
Whereas, the City Council finds that the recommendation of the City Engineer should
be accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is
hereby accepted.
Section 2. The Director of Finance and Budget is hereby directed to pay the balance
of the retainage of $8,354.61 as provided in Iowa Code chapter 573, and to pay such
retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa chapter
26.13.
Passed, approved and adopted this 7th day of July 2025.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
5. Contracted Services Agreements for Fiscal Year 2026: Wethal announced her intent
to abstain from voting on Greater Dubuque Development Corporation’s (GDDC) Con-
tracted Service Agreement due to her father serving as President and CEO of GDDC.
Motion by Jones to receive and file the documents and approve all Co ntracted Services
Agreements except GDDC’s. Seconded by Farber. Motion carried 7 -0. Motion by Jones
to receive and file the documents and approve GDDC’s Contracted Service Agreement.
Seconded by Farber. Motion carried 6-0 with abstention from Wethal.
6. Contracted Services Agreements Fiscal Year 2026 for Community Foundation of
Greater Dubuque Programs: Upon motion the documents were received, filed, and ap-
proved.
7. Iowa Department of Transportation PCC Pavement Grade Project Notification Cor-
respondence from Jesse Tibodeau, Assistant District Engineer with the Iowa Department
of Transportation (IDOT) notifying the City Council of PCC Pavement grade on US-20
over the Middle Branch Catfish Creek and Chicago, Central and Pacific Railroad . Upon
motion the documents were received and filed.
8. 2025 Repair and Maintenance of the Iowa Street Parking Garage Amended Reso-
lution 220-25, Establish New Bid Letting Date: Upon motion the documents were received
and filed, and Resolution No. 233-25 Amending Resolution No. 220-25: 2025 Repair and
Maintenance of the Iowa Street Parking Garage - Preliminary Approval of Plans, Specifi-
cations, Form of Contract, and Estimated Cost; Setting Date of Public Hearing on Plans,
Specifications, Form of Contract, and Estimated Cost; and Ordering the Advertisement
for Bids was adopted.
RESOLUTION NO. 233-25
AMENDING RESOLUTION NO. 220-25, 2025 REPAIR AND MAINTENANCE OF THE
IOWA STREET PARKING GARAGE, PRELIMINARY APPROVAL OF PLANS, SPECI-
FICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF
PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ES-
TIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS
Whereas, the City Council on June 16, 2025, adopted Resolution No. 220-25 for the
Repair and Maintenance of the Iowa Street Parking Lot; and
Whereas, Resolution No. 220-25 directed the City Engineer to advertise for bids for
the construction of the improvements therein provided, by publishing the Notice to Bidders
to be published on the City of Dubuque website and a contractor plan room service with
statewide circulation, which notice set a date for the filing of bids; and
Whereas, the City Council now desires to set a new date for the filing of bids as set
forth herein.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The proposed plans, specifications, form of contract and estimated cost for
the 2025 Repair and Maintenance of the Iowa Street Parking Garage in the estimated
base bid amount of $4,450,000, are hereby preliminarily approved and ordered filed in
the office of the City Clerk for public inspection.
Section 2. A public hearing will be held on the 7th day of July, 2025, at 6:30 p.m. in the
Historic Federal Building Council Chambers (and/or by virtual means) 350 W. 6 th Street,
Dubuque, Iowa, at which time interested persons may appear and be heard for or against
the proposed plans and specifications, form of contract and estimated cost of said Project,
and the City Clerk be and is hereby directed to cause the attached notice of the time and
place of such hearing to be published in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall be published not less than four days nor more
than twenty days prior to the date of such hearing. At the hearing, any interested person
may appear and file objections to the proposed plans, specifications, form of contract, or
estimated cost of the Project.
Section 3. The 2025 Repair and Maintenance of the Iowa Street Parking Garage is
hereby ordered to be advertised for bids for construction.
Section 4. The amount of the security to accompany each bid shall be in an amount
which shall conform to the provisions of the Notice to Bidders hereby approved.
Section 5. The City Engineer is hereby directed to advertise for bids for the construction
of the improvements herein provided, by publishing the Notice to Bidders to be published
on the City of Dubuque website and a contractor plan room service with statewide circu-
lation, which notice shall be published not less than thirteen but not more than forty -five
days before the date for filing bids before 2:00 p.m. on the 29th day of July 2025. Bids
shall be opened and read by the City Clerk at said time and will be submitted to the City
Council for final action at 6:30 p.m. on the 4th day of August 2025, in the Historic Federal
Building Council Chambers (and/or by virtual means) 350 West 6 th Street, Dubuque, Iowa.
Passed, adopted and approved this the 7th day of July 2025.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
9. Signed Contract(s): Roussell announced her intent to abstain voting on the Dubuque
Trees Forever Memorandum of Agreement due to her serving on the Dubuque Trees
Forever board. Motion by Jones to receive and file the documents and approve the Mem-
orandum of Agreement with Cornerstone Government Affairs, Inc. Seconded by Wethal.
Motion carried 7-0. Motion by Jones to receive and file the documents and approve the
Memorandum of Agreement with Dubuque Trees Forever. Seconded by Sprank. Motion
carried 6-0 with abstention from Roussell.
10. Adoption of Supplement Number 2025 S-16 to the City of Dubuque Code of Ordi-
nances: Upon motion the documents were received and filed, and Resolution No. 234 -25
Adopting Supplement No. 2025 S-16 to the Code of Ordinances of the City of Dubuque,
Iowa was adopted.
RESOLUTION NO. 234-25
ADOPTING SUPPLEMENT NO. 2025 S-16 TO THE CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA
Whereas, on August 17, 2009, the City Council, pursuant to Ordinance No. 43 -09,
readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and
Whereas, since August 17, 2009, the City of Dubuque, Iowa has compiled supplements
to the Code of Ordinances consisting of all new ordinances and amendments to ordi-
nances; and
Whereas, Section 380.8 of the Code of Iowa provides that supplements, adopted by
resolution, become part of the Code of Ordinances; and
Whereas, Code Supplements are prepared by American Legal Publishing of Cincin-
nati, Ohio and filed in the Office of the City Clerk of the City of Dubuque, Iowa; and
Whereas, the City is aware that Supplement No. 2025 S -16 inadvertently omitted a
change from Ordinance No. 5-25, which replaced the definition of “Leisure Services Man-
ager” with “Parks and Recreation Director” in section 10-5B-1, and that this will be cor-
rected in the next supplement.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Supplement No. 2025 S-16 to the City of Dubuque Code of Ordinances,
which codifies all ordinances through 14-25 as passed by the City Council through April
28, 2025, is hereby adopted, and becomes part of the Code of Ordinances of the City of
Dubuque, Iowa.
Passed, approved, and adopted this 7th day of July 2025.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
11. Approval of Retail Tobacco, Tobacco Products, Alternative Nicotine Products, Va-
por Products, and Device Permit Applications: Upon motion the documents were received
and filed, and Resolution No. 235-25 was adopted.
RESOLUTION NO. 235-25
APPROVING APPLICATIONS FOR TOBACCO RETAIL, TOBACCO PRODUCTS, AL-
TERNATIVE NICOTINE PRODUCTS, VAPOR PRODUCT S OR DEVICE S, AS RE-
QUIRED BY IOWA CODE 453A.47A AND 453E.3
Whereas, applications for Tobacco/Tobacco Products/Alternative Nicotine Prod-
ucts/Vapor Product s or Device retail s have been submitted and filed with the City Clerk;
and
Whereas, the applicants have filed the proper application and fees as required by the
Iowa Department of Revenue; and
Whereas, applications are presented to City Council for approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the
following named applicants and locations for a Cigarette/Device/Tobacco/Nicotine/Vapor
product or retail device effective July 1, 2025, to June 30, 2026.
Business Name Business Address Permit Type
Dubuque Tobacco & Grocery 1248 Iowa St. Device Retailer
EZ Stop II 700 Rhomberg Ave. Retail Tobacco
BP Fuel 1450 Loras Blvd. Retail Tobacco
Passed, approved, and adopted this 7th day of July 2025.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Sprank to receive and file the documents, adopt the resolution, and set the
public hearing for July 21, 2025. Seconded by Wethal. Motion carried 7 -0.
1. 2025 Maintenance Dredging Project - Initiate Public Improvement Bidding Process:
Upon motion the documents were received and filed and Resolution No. 236 -25 2025
Maintenance Dredging Project: Preliminary Approval of Plans, Specifications, Form of
Contract, And Estimated Cost; Setting Date of Public Hearing on Plans, Specifications,
Form of Contract, and Estimated Cost; and Ordering the Advertisement for Bids was
adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 21, 2025
in the Historic Federal Building.
RESOLUTION NO. 236-25
2025 MAINTENANCE DREDGING PROJECT, PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The proposed plans, specifications, form of contract and estimated cost for
the 2025 Maintenance Dredging Project in the estimated amount $270,100.00, are hereby
preliminarily approved and ordered filed in the office of the City Clerk for public inspection.
Section 2. A public hearing will be held on the 21st day of July, 2025, at 6:30 p.m. in
the Historic Federal Building Council Chambers 350 W. 6th Street, Dubuque, Iowa, at
which time interested persons may appear and be heard for or against the proposed plans
and specifications, form of contract and estimated cost of said Project, and the City Clerk
be and is hereby directed to cause the attached no tice of the time and place of such
hearing to be published in a newspaper having general circulation in the Ci ty of Dubuque,
Iowa, which notice shall be published not less than four days nor more than twenty days
prior to the date of such hearing. At the hearing, any interested person may appear and
file objections to the proposed plans, specifications, form of contract, or estimated cost of
the Project.
Section 3. The 2025 Maintenance Dredging Project is hereby ordered to be advertised
for bids for construction.
Section 4. The amount of the security to accompany each bid shall be in an amount
which shall conform to the provisions of the Notice to Bidders hereby approved.
Section 5. The City Engineer is hereby directed to advertise for bids for the construction
of the improvements herein provided, by publishing the Notice to Bidders to be published
on the City of Dubuque website and a contractor plan room service with statewide circu-
lation, which notice shall be published not less than thirteen but not more than forty -five
days before the date for filing bids before 2:00 p.m. on the 24th day of July 2025. Bids
shall be opened and read by the City Clerk at said time and will be submitted to the City
Council for final action at 6:30 p.m. on the 4th day of August 2025, in the Historic Federal
Building Council Chambers (and/or by virtual means) 350 West 6 th Street, Dubuque, Iowa.
Passed, approved and adopted this 7th day of July 2025.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
BOARDS/COMMISSIONS
Applications were reviewed for the following Boards and Commissions. Applicants
were invited to address the City Council regarding their desire to serve on the following
Boards/Commissions.
1. Transit Advisory Board: One, 3-Year term through July 30, 2028 (Vacant term of
Gerdemann). Applicant: Alex Kruse, 3578 Keymont Dr.
Appointments were made to the following boards/commissions.
1. Arts and Cultural Affairs Advisory Commission : One, 3-Year term through June 30,
2028. (Expiring Business Professional - lives or works in the cultural and entertainment
district term of Hefel). Applicants: Nick Halder, 876 S. Grandview Ave.; Aaron Hefel, 515
1/2 West 8th St.; Sarah Ndagire, 1536 Kehl Ct. Upon roll call vote, Halder was appointed
to the term. Hefel received 2 votes (Wethal and Cavanagh), and Halder received the
remaining votes.
2. Historic Preservation Commission: One, 3-Year term through July 1, 2028 (Expiring
Jackson Park District term of Esser). Applicant: Janice Esser, 1072 Locust St. Motion by
Jones to appoint Esser to the term. Seconded by Sprank. Motion carried 7 -0.
3. Transit Advisory Board: One, 3-Year term through July 30, 2027 (Vacant term of
Esser). Applicant: Gary Wernimont, 736 University Ave. Wernimont was not appointed
because no motion was made.
PUBLIC HEARINGS
1. Hold a Public Hearing for Adopting the Public Housing Authority (PHA) Annual Plan:
Motion by Resnick to receive and file the documents and adopt Resolution No. 237 -25
Authorizing the Mayor to Execute the Certification by State or Local Office of Public Hous-
ing Agency (PHA) Plan’s Consistency with the Consolidated Plan and Approval of the
PHA Federal Fiscal Year 2025 Annual Plan. Seconded by Wethal. In response to ques-
tions, Assistant City Manager and Interim Housing Director Cori Burbach summarized the
purpose of the plan. While the plan is presented to the City Council through the annual
budget process, its budget shifts each federal fiscal year. The budget can be verified at a
later date. Motion carried 7-0.
RESOLUTION NO. 237-25
AUTHORIZING THE MAYOR TO EXECUTE THE CERTIFICATION BY STATE OR LO-
CAL OFFICE OF PUBLIC HOUSING AGENCY (PHA) PLAN’S CONSISTENCY WITH
THE CONSOLIDATED PLAN AND APPROVAL OF THE PHA FEDERAL FISCAL
YEAR 2025 ANNUAL PLAN
Whereas, the U.S. Department of Housing and Urban Development requires submis-
sion of the Public Housing Agency (PHA) Plan on an annual basis; and
Whereas, the U.S. Department of Housing and Urban Development requires Certifica-
tion of the PHA Plan’s Consistency with the Consolidated Plan; and
Whereas, the Resident Advisory Board held a public meeting to review the Annual Plan
on May 28, 2025; and
Whereas, the City Council held a public hearing to receive comment on the proposed
Public Housing Authority Federal Fiscal Year 2025 Annual Plan on July 7, 2025.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE IOWA:
Section 1: That the Mayor is hereby authorized and directed to certify the PHA Federal
Fiscal Year 2025 Annual Plan’s Consistency with the Consolidated Plan; and
Section 2: That the Acting Director of Housing and Community Development is hereby
authorized to submit the PHA Annual Plan and the Certification as required by the U.S.
Department of Housing and Urban Development.
Passed, approved and adopted this 7th day of July 2025.
Brad M Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
2. Petition to Vacate Certain Street and Alley Right of Way Easements in Julien Addi-
tion, in the City of Dubuque, Iowa For Vacating Petition from Elaine Reiss and Doug
Blong: Motion by Sprank to receive and file the documents and adopt Resolution No. 238 -
25 Vacating Certain Street and Alley Easements in Julien Addition, City of Dubuque, Iowa
and No. 239-25 Disposing of City Interest in Certain Street and Alley Easements in Julien
Addition, City of Dubuque, Iowa. Seconded by Wethal. After a point of order was made
by Jones on whether the motion included adopting both resolutions, Cavanagh confirmed
the motion covered both. Motion carried 7-0.
RESOLUTION NO. 238-25
VACATING CERTAIN STREET AND ALLEY EASEMENTS IN JULIEN ADDITION,
CITY OF DUBUQUE, IOWA
Whereas, in circa 1865 the Final Plat of Julien Addition in the City of Dubuque, Iowa,
was recorded in page Q-76 of Deeds in the Dubuque County Recorder’s Office; and
Whereas, upon said plat the owners dedicated the streets and alley right of ways as
shown on said plat to the public. Said plat grants to the public easements for street pur-
poses only and specifies that the fee ownership of the lands under the streets belongs to
the adjacent lot owners; and
Whereas, Elaine Reiss and Doug Blong (Reiss and Blong) are the owners of the fol-
lowing real estate in the Julien Addition in the City of Dubuque, Iowa:
LOT 1 Reiss-Blong Place; LOTS 173 thru 178, LOTS 191 thru 198, 209 thru 216,
LOTS 201, 202, 205 & 206 all in Julien Addition; and
LOT 1 Petrick Place; LOTS 127 thru 130, LOTS 145 thru 154, LOTS 159 thru 168
& LOTS 179 thru 182 all in Julien Addition ; and
Whereas, Reiss and Blong have petitioned the City to vacate and dispose of its interest
in said street and alley right of way easements adjacent to their property described above
as shown on the attached Exhibit A and as more particularly described in the attached
Exhibit B; and
Whereas, pursuant to resolution and published notice of time and place of hearing,
published in the Telegraph Herald, a newspaper of general circulation published in the
City of Dubuque, Iowa on the 20th day of June 2025, the City Council of the City of Dubu-
que, Iowa met on the 7th day of July 2025, at 6:30 p.m. in the Historic Federal Building
Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa
to consider the request to vacate; and
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec-
tions, oral or written to the request to vacate; and
Whereas, the City Council of the City of Dubuque, Iowa, has determined that the pro-
posed vacation of the street and alley right of way easements as shown on the attached
Exhibit A and as more particularly described in the attached Exhibit B, in Julien Addition
in the City of Dubuque, Iowa should be approved.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That street and alley right of way easements as shown on the attached
Exhibit A and as more particularly described in the attached Exhibit B, in Julien Addition
in the City of Dubuque, Iowa, be and the same are hereby vacated.
Passed, approved and adopted this 7th day of July, 2025
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
3. Rebid 2025 Repair and Maintenance of the Iowa Street Parking Garage Public Hear-
ing: Motion by Wethal to receive and file the documents and adopt Resolution No. 240 -
25 Approval of Plans, Specifications, Form of Contract, And Estimated Cost for the 2025
Repair and Maintenance of the Iowa Street Parking Garage. Seconded by Jones. Project
Manager Jim Bousley summarized the project timeline. City Council Members thanked
city staff for rebidding the project quickly. Motion carried 7 -0.
RESOLUTION NO. 240-25
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI-
MATED COST FOR THE 2025 REPAIR AND MAINTENANCE OF THE IOWA STREET
PARKING GARAGE
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the plans, specifications, form of contract and cost for the 2025 Repair and
Maintenance of the Iowa Street Parking Garage Project in the estimated amount
$4,450,000.00, are hereby approved.
Passed, approved and adopted this 7th day of July 2025.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
PUBLIC INPUT
Paul Uzel, 61 N. Algona, spoke about his desire for the City Council to take action in
support of Dubuque’s immigrant community.
ACTION ITEMS
1. Parks and Recreation Title 10 Chapter 5 Ordinance Amendment Recommendation:
Motion by Jones to receive and file the documents and that the requirement that a pro-
posed 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 Roussell. Motio n
carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 28-25 Amending
City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 5 Parks
and Recreation, Article B. Use Regulations, Section 13 Climbing on Fences, Roofs,
Section 22 Open Season and Hours Generally, and Article C Section 1 Specific Park
Areas, Open Spaces, And Trails Described. Seconded by Roussell. Motion carried 7 -0.
ORDINANCE NO. 28-25
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 10 PUBLIC WAYS
AND PROPERTY, CHAPTER 5 PARKS AND RECREATION, ARTICLE B. USE REG-
ULATIONS, SECTION 13 CLIMBING ON FENCES, ROOFS, SECTION 22 OPEN SEA-
SON AND HOURS GENERALLY, AND ARTICLE C SECTION 1 SPECIFIC PARK AR-
EAS, OPEN SPACES, AND TRAILS DESCRIBED
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Title 10 Public Ways and Property of the City of Dubuque Code of Ordi-
nances is amended to read as follows:
10-5B-13: CLIMBING ON FENCES, ROOFS: No person shall climb, damage, tamper
with, stand or sit on any fence, rail or any other structure not intended for such use in any
park, parkway, trail, or open space. The climbing of buildings and going onto roofs, either
with ladders or from the inside of the buildings through the windows or any other way is
forbidden. (Ord. 11-14, 2-3-2014)
. . . .
10-5B-22: PARK HOURS:
A. For the purpose of this section except as noted below all city parks are open to the
public from seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M daily, unless an
alternate schedule or deviated schedule has been approved by the Parks and Rec-
reation Director to meet operational needs, through the special events permit appli-
cation process, or as conditioned by a City rental reservation. No person shall enter
or remain in any park, parkway, trail, open space, or park and recreation facility
other than during the hours designated in this section or authorized by the Parks
and Recreation Director, an approved special event permit, City rental reservation,
or Parks and Recreation Department sponsored program or activity
B. For the purposes of this section, the regular park season shall mean from the first
Saturday in May through the fourth Sunday of October. The regular park season is
when restrooms and other park amenities are de-winterized for the spring-fall sea-
son, become available for public use, and pavilions can be reserved.
C. Eagle Point Park, Flora Park and Louis Murphy Park shall be open for use by the
public from seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M. Sunday through
Thursday, and from seven o'clock (7:00) A.M. to eleven o'clock (11:00) P.M. Friday
and Saturday during the regular park season.
D. Marshall Park and the public use area of Franklin Delano Roosevelt Park shall be
open to the general public from seven o'clock (7:00) A.M. to sunset daily during the
regular park season.
E. Gerald "Red" McAleece Park and Recreation Complex shall be open for use by
the public from seven o'clock (7:00) A.M. to twelve o'clock (12:00) midnight March
through November.
F. Bunker Hill Golf Course shall be open for use by the public from seven o'clock
(7:00) A.M. to eleven o'clock (11:00) P.M. daily, March through November, unless
posted otherwise for operational needs.
G. Flora Park Swimming Pool and Nicholas J. Sutton Swimming Pool shall be open
for use by the public as determined on an annual basis based on operational capac-
ity. Hours and dates of operation shall be posted and publicized in advance of pool
season. The City reserves the right to modify the hours and dates of operations as
needed over the course of the summer.
H. Miller-Riverview Park shall be open for use by the public from seven o'clock (7:00)
A.M. until ten o'clock (10:00) P.M. daily, and only registered campers shall be per-
mitted in the area at all other hours.
I. The Pet Park shall be open from eight o’clock (8:00) A.M. until eight o'clock (8:00)
P.M. daily.
J. The City Manager shall have the authority to close any or all parks, parkways, trails,
open spaces, park and recreation facilities, park roadways and park parking lots
before scheduled closing hours at times it is deemed necessary for operational
needs or in the interest and safety of the public.
K. The following parks shall be open for use by the public twenty-four (24) hours per
day:
• Alliant Energy Amphitheater
• American Trust River's Edge Plaza
• Bee Branch Creek Greenway
• Granger Creek Nature Trail
• Heritage Trail
• Jaycee Trail
• Northwest Arterial Trail
• Port of Dubuque Riverwalk Trail
• Powerline Trail
• Southern Levy Trail
L. Camping is authorized in Miller-Riverview Park in accordance with City policies
and procedures. Camping is prohibited in all other parks, parkways, trails, and open
spaces unless approved, in writing by the City Manager or through a special events
permit issued under chapter 4 of this title.
. . . .
10-5C-1: SPECIFIC PARK AREAS, OPEN SPACES, AND TRAILS DESCRIBED: Park
descriptions for parks, open space descriptions for open spaces and trail descriptions for
trails will be reviewed on a periodic basis and added, deleted and amended as necessary.
Enforcement of use regulations will not be contingent on parks, open sp aces, and trails
being specifically listed in this section.
The following described parcels of real estate are and will be used for public park pur-
poses and will continue to be known as set forth below and placed under the jurisdiction
of the Park and Recreation Advisory Commission:
A.Y. McDonald Park: Blocks 1, 2, 3, 4 and 5 in River Front Subdivision No. 3.
Alliant Energy Amphitheater: The area of the Port of Dubuque west of the Port of
Dubuque Riverwalk Trail, south of the railroad tracks, east of Bell Street, and ad-
jacent to the former Dubuque Star Brewery.
Allison-Henderson Park: Lots 1, 18, 19, 20, 21 and 22 of Pinehurst Subdivision in
the city of Dubuque, Iowa.
American Trust River's Edge Plaza: That area, including the flat area, steps and
ramp, outside the floodwall at the Port of Dubuque at the south end of the Port of
Dubuque Riverwalk Trail.
Avon Park: Lots 6 through 10 of Mary Ann McDaniel's Subdivision of parts of Lots
823 and 824 of A. McDaniel's Subdivision in the city of Dubuque, Iowa.
Bee Branch Creek Greenway: The park area surrounding the 16th Street detention
basin and paralleling the day lighted Bee Branch Creek.
Bunker Hill Golf Course: Part of Lot 2 in Highland Farms Addition; Lot 16 in Pfohl's
Subdivision; Mineral Lots 189, 200, 201, 202, 210, 270, 336 and 370, and parts of
Mineral Lots 190, 265 and 340, all in the city of Dubuque, Iowa.
Burden Park: Lot 1 of Lot 1 of Lot 3 northeast quarter, Section 13, Township 89
North, Range 2 East in the city of Dubuque, Iowa.
Caledonia Park: Lot 38 of Kelly's Subdivision in the city of Dubuque, Iowa.
Cancer Survivor Park: Lot 21 and 22 of the Finley Home Addition.
Center Grove open space: East one fourth of City Lot 500.
Cleveland Park: South two-thirds of city Lot 695 and Lots 35, 36, 37 and east 20
feet of Lot 38 of Union Addition in the city of Dubuque, Iowa.
Comiskey Park: Lots 1 through 23, Lots 24 through 46 and the intervening alley in
Boulevard Addition of the city of Dubuque, Iowa.
Creek Wood Park: Lot 2 of Timber-Hyrst Place #2 in the City of Dubuque.
E.B. Lyons Prairie/Woodland Preserve: A. Lots 2 and 3 of the northeast one -quarter
of the southeast one-quarter of section 1, township 88 north, range 2 east of fifth
prime meridian; Lots 2 and 3 of the northwest one -quarter of the southwest one-
quarter, Lots 2 and 3 of the northeast one -quarter of the southwest one-quarter,
and Lot 2 of Lot 1 of the southwest one-quarter of the southwest one-quarter; of
section 6, township 88 north, range 3 east of the fifth prime meridian in Dubuque
County, Iowa, according to the respective recorded plats thereof. Lot 1 JQ Acres
in Section 1, Table Mound Township, Dubuque County, Iowa; Lot 1 of the NW ¼
of the SW1/4 and the SW ¼ of the NW ¼ of Section 6, Township 88 North, Range
East of the 5th P.M., Dubuque County, Iowa according to the United States Gov-
ernment Survey and the recorded plats thereof. Such real estate shall be known,
called and named as the "E.B. Lyons Prairie/Woodland Preserve" and accordingly
such real estate is so permanently named.
Eagle Point Park and Ham House Museum: Lot 1 through Lot 7 in Berendes Subdi-
vision; Lot 2 in Chris Braun's Place; Lot 1 of Lot 1 of Lot 2 of Lot 2A in Clark's
Subdivision; Lot 2 of Lot 1, Lot 2 of Lot 1 of Lot 1, and Lot 2 in Eagle Point View;
Lot 2 of Lot 6, Lot 2 of Lot 1 of Lot 6, and Lot 107 through Lot 124 in Fountain Hill
Resubdivisions; Lot 529 through Lot 534 in Ham's Addition; Lot 503 through Lot
515 in Ham's Addition (Eagle Point); Lot 2 of Lot 221, Lot 1 of Lot 222, Lot 223 and
Lot 224 in Julien Addition; Lot 1 of Lot 6 in Katherine Place; Lot 2 of Lot 1 of Lot 1
of Lot 1 in Potter Place; Lot 1 through Lot 10 in Potter's Shiras Avenue Place; Lot
1 of Lot 2 of Lot 2 of Lot 3 and Lot 2 of Lot 3 in Shiras Subdivision; and parts of
Mineral Lots 305A, 308, 309A, 310, 311 and 312, all in the city of Dubuque, Iowa.
Eagle Valley Park: Lot C of Block 3 of Eagle Valley Subdivision.
Elmwood Green Park: Lot 2-2-2 of Mineral Lot 349 in the city of Dubuque, Iowa.
English Ridge Park: Lot A and Lot K English Ridge Subdivision.
Falk Park: Lot 23 in Falks Subdivision in the city of Dubuque, Iowa.
Flat Iron Park: A triangularly shaped area bounded on the easterly side by Main
Street, on the southerly side by Jones Street and on the westerly side by Shields
Street.
Flora Park: Except for the appurtenant easements of right of way and a strip along
Pennsylvania Street twenty feet (20') in width, the following real estate in the west
end of the city:
Sylvester Place: Lot 1 of 4 of Mineral Lot 260; Lot 2 of 1 of 2 of 4 of Mineral Lot 260;
Lot 2 of 2 of 4 of Mineral Lot 260; Lot 2 of 2 of Mineral Lot 259; Lot 1 of 2 of Mineral
Lot 259; Lot 1 of 1 of 1 of 1 of 1 of 2 of J.P. Metel's Subdivision.
Four Mounds: Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1, and Lot 1 of Lot 1 of Lot 2 of
Lot 1, both of the Subdivision of: "Lot 1 of Lot 7 of the southwest one -quarter of
Section 1, the southwest one-quarter of the northwest one-quarter of Section 1
and Government Lot 1 (or Mineral Lot 331) of Section 1, Township 89 North, Range
2 East of the fifth principal meridian". Lot 2 of the northwest one -quarter of the
northwest one-quarter of Section 1, Township 89 North, Range 2 East of the fifth
principal meridian, all in the city of Dubuque, Iowa, and Lot 16 of "John Deere
Dubuque Tractor Works" in Dubuque Township, and Lot 2 of Lot 1 of Lot 1 of Lot
2 of Lot 2 of Section 2, both in Township 89 North, Range 2 East of the fifth prin-
cipal meridian, according to the United States Government Survey and the rec-
orded plats thereof, subject to easements of record.
Franklin Delano Roosevelt Park: Lot 1 of the west half of the northeast one -quarter
of Section 4, Township 88 North, Range 2 East of fifth principal meridian in Dubu-
que County, Iowa and Mineral Lots 272 and 273, Lot 1 of Mineral Lot 271, Lot 1 of
Mineral Lot 274, and Lot 1 of Mineral Lot 276 in Dubuque Township, Dubuque
County, Iowa.
Gay Park: Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 in Young Primrose Place
and Lots 3 and 4 in Grommersch Place, all in the city of Dubuque, Iowa.
Gerald "Red" McAleece Park And Recreation Complex: Those portions of Mineral
Lots 294, 295, Lots 1 and 2 of 296, 297, 298, 299 and 300 and Government Lot 1,
located in Sections 17, 18, 19 and 20, Township 89 North, Range 3 East in the city
of Dubuque, Dubuque County, Iowa, and bounded by Lake Peosta Channel and
the Mississippi River.
Granger Creek Nature Trail: Area surrounding Dubuque Technology Park at corner
of Highways 151/61 and Lake Eleanor Road.
Grant Park: A triangularly shaped area bounded on the easterly side by Locust
Street, on the westerly side by Bluff Street, and on the southerly side by Fifteenth
Street.
Harvest View Park: Lot A of Harvest View Estates First Addition.
Heritage Trail: A linear piece of property from 22nd to 32nd Streets along Elm Street,
in the city of Dubuque, Iowa.
Hillcrest Park: Lot 1 of Lot 4 of Mineral Lot 261 in the city of Dubuque, Iowa.
Hilltop Park: West one-half of Lot 1 of the south one-third of Lots 34 and 35; west
127 feet and 6 inches of Lot 1 of Lot 2 of the south one -third of Lots 34 and 35;
west one-half of Lot 2 of Lot 2 of the south one -third of Lots 34 and 35; west one-
half of the north one-half of Lot 36; west one-half of the south one-half of Lot 36;
west one-half of Lot 2 of Lot 37; Lot 1 of Lot 1 of Lot 37; Lot 2 of Lot 2 of Lot 1 of
Lot 37 all in Kelly's Subdivision in the city of Dubuque, Iowa.
Jackson Park: An area bounded on the westerly side by Main Street, on the south-
erly side by Fifteenth Street, on the easterly side by Iowa Street and on the nor-
therly side by the south property line of city Lot 746 of the original township, all in
the city of Dubuque, Iowa.
Jaycee Trail: A linear trail area paralleling the Peosta Channel from AY McDonald
park to Pyatigorsk park.
Jefferson Park: Lots 38, 39, 40 and east 21 feet of Lot 41 of Farley's Subdivision in
the city of Dubuque, Iowa.
John G. Bergfeld Recreation Area: Lot C of the Dubuque Industrial Center West.
Louis Murphy Park: That part of Lots 1, 2 and 4 of Mineral Lot 37 lying southerly of
Highway 61; that part of Lots 1, 2, 3, 4 and 5 of O'Connor's Subdivision lying south-
erly of Highway 61; westerly 42 feet of Lot 2 and the westerly 42 feet of Lot 2 of
Lot 15 in Summer Hill Addition; Lots 14, 15, 16 and 17 in Rowan's Addition; Lot 1
of Lot 1 of the subdivision of Mineral Lot 36A; Lot 1 of Lot 2 of Mineral Lot 38; and
that part of Lot 6 and all of Lots 7, 8, 9, 10, 11, 12 and 13 lying easterly of Highway
61, all in the city of Dubuque, Iowa.
Madison Park: Lots 32, 33, and 34 of the Subdivision of Lots 676 and 677 in L.H.
Langworthy Addition; Lot 5 of the Subdivision of Lot 674 in L.H. Langworthy Addi-
tion; Lot 1 of Lot 2 of the Subdivision of Lots 676 and 677 in L.H. Langworthy
Addition; Lot 3 of Lot 3 of the Subdivision of Lots 676 and 677 in L.H. Langworthy
Addition; and two (2) unnumbered Lots lying between Lots 677 and 678 in L.H.
Langworthy Addition, all in the city of Dubuque, Iowa.
Marna Ridge Children's Forest: Lot A of Lot B, Block 1 of Marna Ridge Estates 2,
as comprised of Mildreds Addition in the city of Dubuque, Iowa.
Marshall Park: Northwest one-quarter of the southeast one- quarter of the southwest
one-quarter of Section 10, Township 89 North, Range 2 East of the fifth principal
meridian according to the United States Government Survey thereof, and the
southwest quarter of the southwest quarter of Section 10, Township 89 North,
Range 2 East of the fifth principal meridian according to the United States Govern-
ment Survey thereof, also right-of-way over the westerly 20 feet of Lot 1 of the
subdivision of Lot 1 of 1 of 1 of Mineral Lot 390, Lot 2 of 1 of Mineral Lot 386 and
Lot 2 of Mineral Lot 380 according to the recorded plats thereof, all in the city of
Dubuque, Iowa.
Maus Park: Lot 1-1-1 of Mineral Lot 38, Lot 2 of Section 31, Township 89 North,
Range 2 East of Lands Part of Moore's Mill Slough Township 89 North, Range 2
East Part of Moore's Mill Slough in Section 31 and Section 36, Township 89 North,
Range 2 East and Lot 1 Mount Carmel Subdivision.
Medical Associates Greenbelt: Lot 11 of Medical Associates Subdivision in the city
of Dubuque, Iowa.
Miller-Riverview Park: That part of Chaplain Schmitt Memorial Island located nor-
therly of the Dubuque greyhound racing facility and easterly of the wetlands area
extending easterly an average of approximately four hundred (400) feet more or
less to the Mississippi River.
Nicholas J. Sutton Swimming Pool: Part of Lots 44, 45, 46, 47, 48, 331, 332 and
333 in Ham's Addition; that part of vacated Garfield Avenue lying adjacent to Lots
45, 46, 331 and 332 in Ham's Addition; that part of vacated Summer Street lying
adjacent to Lots 44, 45, 46, 47, 48, 331, 332 and 333 in Ham's Addition; and that
part of the vacated alley lying adjacent to Lots 46 and 47 in Ham's Addition, all in
the city of Dubuque, Iowa.
Northwest Arterial Trail: A linear trail in the IDOT right of way paralleling the North-
west Arterial.
Oakwood Park: Lot 2 Oakwood Park Subdivision and Lot 1 of Lot 1 of Lot 1 of Heim
Subdivision, both in the city of Dubuque, Iowa.
Park Tree Farm: Lots 503 and 515 in Ham's Addition of the city of Dubuque, Iowa.
Pet Park: Area on North Grandview Avenue, east of the Bunker Hill golf course and
south of the water department pumping station.
Pinard Park: Lots 138, 139 and 140 in Glendale Addition No. 2 in the city of Dubu-
que, Iowa.
Port Of Dubuque Marina: That part of the Port of Dubuque that serves as the Marina
bordered by the Ice Harbor.
Port Of Dubuque Riverwalk Trail: A linear trail area paralleling the Mississippi River
and Ice Harbor in the Port of Dubuque.
Powerline Trail: A linear trail running from Grandview Avenue near Murphy park to
Julien Dubuque Drive.
Pyatigorsk Park: Area located at the northeast corner of Sixteenth Street and Kerper
Boulevard, west of the Jaycees trail and south of the Highway 151 Bridge.
Riley Park: Lot E of Crescent Heights Subdivision.
Rustic Point Park: Lot K Rustic Point Estates #2.
Rocco Buda Jr. Park: Lot 1 of 1 of 1 of 810 A. McDaniels Subdivision.
Southern Levy Trail: A linear trail running on the Southern Levy along the Mississippi
River south of Highway 20.
Southern Park: Beginning at the NW Corner of Lot 1 of said John Breakey's Addition;
thence S46°223/4'W, 315.98 ft., along the Northwesterly line of said John
Breakey's Addition; thence S81°011/4'W, 12.72 ft.; thence S38°473/4'E, 64.04 ft.;
thence S51°121/4'W, 46.36 ft.; thence N38°473/4'W, 78.87 ft.; thence
S68°573/4'W, 111.56 ft.; thence S35°45'W, 84.25 ft.; thence S42°39'E, 218.28 ft.
Teddy Bear Park: Lot 1 of Block 19, Sunnyslopes Estates in the city of Dubuque,
Iowa.
Trolley Line Trail: A linear trail running from Mathia S Ham House to welcome area
at entry of Eagle Point Park and a part of Eagle Point park.
Usha Park: Lot 1 of Lot 2 of Lot 1 of Byrne's Subdivision in the city of Dubuque,
Iowa.
Valentine Park: Lot 1 of the Subdivision of Lot 1 of Lot 1 of Lot 1 of McLean Heights
and Lot 4 in Block 2 of Marna Ridge Estates 2 in the city of Dubuque, Iowa and
Lot 1 of Roepsch Place No. 2.
Valley High Park: Lot 2 of Lot 1 of Lot 1 of Lot 1 in Mineral Lot 337 and Lot 5 in
Wiegand's Subdivision, all in the city of Dubuque, Iowa.
Veterans Memorial Park: Lot 2 of Mineral Lot 382, Lots 1 and 2 of Lot 1 of Mineral
Lot 383, Mineral Lot 384 and part of Lot 1 of Lot 1 of Lot 2 of Mineral Lot 385 lying
south of Thirty Second Street, all in the city of Dubuque, Iowa.
Waller-Cooper Park: Lots 26, 27 and 28 in Cooper Heights Addition in the city of
Dubuque, Iowa.
Washington Park: An area bounded on the northerly side by West Seventh Street,
on the westerly side by Bluff Street, on the southerly side by West Sixth Street,
and on the easterly side by Locust Street.
Welu Park: Lot 22 of Sunset Park Eighth Addition to the city of Dubuque, Iowa.
Westbrook Park: Approximately three (3) acres within Lot A, Block 1 of Westbrook
Subdivision.
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 7th day of July 2025.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
2. Recommendation to Update Human Rights Ordinance, Title 8 : Motion by Roussell
to receive and file the documents and that the requirement that a proposed ordinance be
considered and voted on for passage at two Council meetings prior to the meeting at
which it is to be passed be suspended. Seconded by Wethal. Motion carried 7-0.
Motion by Roussell for final consideration and passage of Ordinance No. 29 -25
Amending City of Dubuque Code of Ordinances Title 8 Equity and Human Rights by Re-
pealing Title 8 Equity and Human Rights and Adopting in Lieu Thereof a New Title 8
Human Rights. Seconded by Wethal. Motion carried 5-2 with Jones and Sprank voting
nay.
ORDINANCE NO. 29-25
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 8 EQUITY AND HU-
MAN RIGHTS BY REPEALING TITLE 8 EQUITY AND HUMAN RIGHTS AND ADOPT-
ING IN LIEU THEREOF A NEW TITLE 8 HUMAN RIGHTS
Whereas, Iowa Senate File 311 was signed into law on May 19, 2025; and
Whereas, the State law becomes effective August 16, 2025, requiring the repeal of
Title 8 Equity and Human Rights and adoption of the new Title 8 Human Rights.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
8-1-1: DEFINITIONS: When used in this title, the following terms shall have the mean-
ings ascribed herein unless the context otherwise requires:
AUXILIARY AIDS AND SERVICES:
A. Qualified interpreters or other effective methods of making aurally delivered ma-
terials available to individuals with hearing impairments.
B. Qualified readers, taped texts, or other effective methods of making visually de-
livered materials available to individuals with visual impairments.
C. Acquisition or modification of equipment or devices.
D. Other similar services and actions.
COMMISSION: The Dubuque human rights commission created by chapter 2 of this
title.
COURT: The Iowa district court in and for Dubuque County.
COVERED ENTITY: An employer, employment agency, labor organization, or joint
labor management committee.
DIRECT THREAT: A significant risk to the health or safety of others that cannot be
eliminated by reasonable accommodation.
DISABILITY: With respect to an individual:
A. A physical or mental impairment that substantially limits one or more major life
activities of such individual and the condition of a person with a positive human
immunodeficiency virus test result, a diagnosis of acquired immune deficiency
syndrome, a diagnosis of acquired immune deficiency syndrome related com-
plex, or any other condition related to acquired immune deficiency syndrome. The
inclusion of a condition related to a positive human immunodeficiency virus test
results, in the meaning of "disability" under the provisions of this title, does not
preclude the application of the provisions of this title to conditions resulting from
other contagious or infectious diseases.
As described, major life activities:
1. Include, but are not limited to, caring for oneself, performing manual tasks, see-
ing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking,
breathing, learning, reading, concentrating, thinking, communicating, and work-
ing.
2. Also include the operation of a major bodily function, including, but not limited
to, functions of the immune system, normal cell growth, digestive, bowel, blad-
der, neurological, brain, respiratory, circulatory, endocrine, and reproductive
functions.
B. A record of such an impairment.
C. Being regarded as having such an impairment, as described:
1. An individual meets the requirement of being regarded as having such an im-
pairment if the individual establishes that he or she has been subjected to an
action prohibited under this title because of an actual or perceived physical or
mental impairment whether or not the impairment limits or is perceived to limit
a major life activity.
2. This provision shall not apply to impairments that are transitory and minor. A
"transitory impairment" is an impairment with an actual or expected duration of
six (6) months or less.
D. The definition of "disability" shall be construed in accordance with the following:
1. In favor of broad coverage of individuals under this title, to the maximum extent
permitted by the terms of this title.
2. "Substantially limits" shall be interpreted consistently with the findings and pur-
poses of the ADA amendments act of 2008.
3. An impairment that substantially limits one major life activity need not limit other
major life activities in order to be considered a disability.
4. An impairment that is episodic or in remission is a disability if it would substan-
tially limit a major life activity when active.
5.
a. The determination of whether an impairment substantially limits a major life
activity shall be made without regard to the ameliorative effects of mitigating
measures such as:
(1) Medication, medical supplies, equipment, appliances, low vision devices
(which do not include ordinary eyeglasses or contact lenses), prosthetics in-
cluding limbs and devices, hearing aids and cochlear implants or other im-
plantable hearing devices, mobility devices, or oxygen therapy equipment
and supplies.
(2) Use of assistive technology.
(3) Reasonable accommodations or auxiliary aids or services.
(4) Learned behavioral or adaptive neurological modifications.
b. The ameliorative effects of the mitigating measures of ordinary eyeglasses or
contact lenses shall be considered in determining whether an impairment sub-
stantially limits a major life activity.
c. As used in this section:
(1) "Ordinary eyeglasses" or "contact lenses" means lenses that are intended
to fully correct visual acuity or eliminate refractive error.
(2) "Low vision devices" means devices that magnify, enhance, or otherwise
augment a visual image.
DRUG: A controlled substance, as defined in the code of Iowa.
EMPLOYEE: An individual employed by an employer.
EMPLOYER: The state or any political subdivision, board, commission, department,
institution, or school district thereof, and every other person employing employees
within the state.
EMPLOYMENT AGENCY: Any person undertaking to procure employees or oppor-
tunities to work for any other person or any person holding such person or itself to
be equipped to do so.
FAMILIAL STATUS: A. One or more individuals who have not attained the age of
eighteen (18) years being domiciled with:
1. A parent or other person having legal custody of such individual or individuals.
2. The designee of such parent or other person having such custody, with the writ-
ten permission of such parent or other person.
B. The protections afforded against discrimination on the basis of familial status shall
apply to any person who is pregnant or is in the process of securing legal custody
of any individual who has not attained the age of eighteen (18) years.
LABOR ORGANIZATION: Any organization which exists for the purpose, in whole or
in part, of collective bargaining, dealing with employees concerning grievances,
terms, or conditions of employment, or other mutual aid or protection in connection
with employment.
PERSON: An individual, partnership, association, corporation, legal representative,
trustee, receiver, any other legal entity, and the state and all political subdivisions
and agencies thereof.
PUBLIC ACCOMMODATION:
A. Each and every place, establishment, or facility of whatever kind, nature, or class
that caters or offers services, facilities, or goods for a fee or charge to nonmem-
bers of any organization or association utilizing the place, establishment, or
facility; provided, that any place, establishment, or facility that caters or offers
services, facilities, or goods to the nonmembers gratuitously shall be deemed a
"public accommodation", if the accommodation receives any governmental sup-
port or subsidy.
B. "Public accommodation" shall not mean any bona fide private club or other place,
establishment, or facility which is by its nature distinctly private, except when such
distinctly private place, establishment, or facility caters or offers services, facili-
ties, or goods to the nonmembers for a fee or charge or gratuitously, it shall be
deemed a "public accommodation" during such period.
C. "Public accommodation" includes each state and local government unit or tax
supported district of whatever kind, nature, or class that offers services, facilities,
benefits, grants, or goods to the public, gratuitously or otherwise. This definition
shall not be construed by negative implication or otherwise to restrict any part or
portion of the preexisting definition.
QUALIFIED INDIVIDUAL WITH A DISABILITY: With respect to chapter 3, article A of
this title, an individual with a disability who, with or without reasonable accommo-
dation, can perform the essential functions of the employment position that such
individual holds or desires. For the purposes of this title, consideration shall be
given to the employer's judgment as to what functions of a job are essential and if
an employer has prepared a written description before advertising or interviewing
applicants for the job, this description shall be considered evidence of the essential
functions of the job.
READILY ACHIEVABLE: Easily accomplishable and able to be carried out without
much difficulty or expense. In determining whether an action is readily achievable,
factors to be considered include:
A. The nature and cost of the action needed under this title.
B. The overall financial resources of the facility or facilities involved in the action,
the number of persons employed at such facility, and the effect on expenses and
resources, or the impact otherwise of such accommodation upon the operation
of the facility.
C. The overall financial resources of the covered entity; the overall size of the busi-
ness of a covered entity with respect to the number of its employees, and the
number, type and location of its facilities.
D. The type of operation or operations of the covered entity, including the composi-
tion, structure, and functions of the work force of such entity and the geographic
separateness, administrative, or fiscal relationship of the facility or facilities in
question to the covered entity.
REASONABLE ACCOMMODATION:
A. Making existing facilities used by employees readily accessible to and usable by
individuals with disabilities.
B. Job restructuring, part time or modified work schedules, reassignment to a vacant
position, acquisition or modification of equipment or devices, appropriate adjust-
ment or modifications of examinations, training materials or policies, the provision
of qualified readers or interpreters, and other similar accommodations for individ-
uals with disabilities.
SEXUAL ORIENTATION: A person's actual, history of, or perceived heterosexuality,
homosexuality, or bisexuality but not including participation in conduct that is pro-
hibited by law.
STATE: Each of the several states, the District of Columbia, the Commonwealth of
Puerto Rico, Guam, American Samoa, the Virgin Islands of the United States, the
Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mar-
iana Islands.
UNDUE HARDSHIP: An action requiring significant difficulty or expense. In determin-
ing whether an accommodation would impose an undue hardship on a covered
entity, factors to be considered include:
A. The nature and cost of the accommodation needed under this title.
B. The overall financial resources of the facility or facilities involved in the provision
of the reasonable accommodation, the number of persons employed at such fa-
cility, the effect on expenses and resources, or the impact otherwise of such ac-
commodation upon the operation of the facility.
C. The overall financial resources of the covered entity, the overall size of the busi-
ness of a covered entity with respect to the number of its employees, and the
number, type, and location of its facilities.
D. The type of operation or operations of the covered entity including the composi-
tion, structure, and functions of the work force of such entity and the geographic
separateness, administrative, or fiscal relationship of the facility or facilities in
question to the covered entity.
UNFAIR PRACTICE OR DISCRIMINATORY PRACTICE: Those practices specified
as unfair or discriminatory in chapters 3 and 5 of this title.
8-2-1: COMMISSION CREATED: There is hereby created the human rights commis-
sion.
8-2-2: PURPOSE: The purpose of the commission is to hold hearings, compel the pro-
duction of evidence, and determine the merits of complaints alleging unfair or dis-
criminatory practices in housing, employment, education, credit, or places of public
accommodation; to investigate and study the existence, character, causes, and ex-
tent of discrimination and to attempt to eliminate discrimination by educating the
public and promoting human rights in the community; and to take action in the com-
munity to promote respect and community belonging and to eliminate discrimination
based on age, race, creed, color, sex, national origin, religion, ancestry, disability,
marital status, familial status, or sexual orientation.
8-2-3: INTERNAL ORGANIZATION AND RULES: The commission may adopt rules
and regulations to govern its organizational procedures as may be necessary and
which are not in conflict with this code or the Iowa Code.
8-2-4: PROCEDURES FOR OPERATION: All administrative, personnel, accounting,
budgetary, and procurement policies of the city govern the commission in all its op-
erations.
8-2-5: MEMBERSHIP: The commission comprises nine (9) residents of the city, ap-
pointed by the city council with representation from various sectors of the commu-
nity, including those protected from discrimination under this ordinance.
8-2-6: OATH: Each person, upon appointment to the commission, must execute an
oath of office at the first meeting of the commission following the appointment or at
the city clerk's office any time prior to the first meeting of the commission.
8-2-7: TERMS: The term of office for commissioners is three (3) years or until such
commissioner's successor is appointed and qualified.
8-2-8: VACANCIES: Vacancies must be filled in the same manner as original appoint-
ments.
8-2-9: OFFICERS; ORGANIZATION: The commissioners must choose annually a
chairperson and vice chairperson, each to serve a term of one year. A staff member
shall serve as secretary. The commissioners must fill a vacancy among its officers
for the remainder of the officer's unexpired term.
8-2-10: MEETINGS:
A. Regular Meetings: The commission must meet monthly.
B. Special Meetings: Special meetings may be called by the chairperson or at the
written request of a majority of the commissioners.
C. Open Meetings: All meetings must be called and held in conformance with the
Iowa open meetings law.
D. Attendance:
1. In the event a commissioner has been absent for three (3) or more consecutive
meetings of the commission, without being excused by the chairperson, such
absence will be grounds for the commission to recommend to the city council
that the position be declared vacant and a replacement appointed.
2. Attendance must be entered upon the minutes of all meetings.
E. Minutes: A copy of the minutes of all regular and special meetings of the com-
mission must be filed with the city council within ten (10) working days after ap-
proval by the commission, or by the next regularly scheduled city council meeting,
whichever is later.
F. Quorum: Five (5) commissioners constitute a quorum for the transaction of busi-
ness. The affirmative vote of a majority of the commissioners present and voting
is necessary for the adoption of any motion or resolution.
8-2-11: COMPENSATION: Commissioners serve without compensation, provided that
they may receive reimbursement for necessary travel and other expenses while on
official commission business within the limits established in the city administrative
policies and budget.
8-2-12: REMOVAL: The city council may remove any commissioner for cause upon
written charges and after public hearing.
8-2-13: POWERS: The commission serves in an advisory capacity to the City Council
and has the following powers, duties, and responsibilities:
A. To investigate and study the existence, character, causes, and extent of discrim-
ination in public accommodations, employment, apprenticeship programs, on the
job training programs, vocational schools, other educational institutions, and
housing in the city and to attempt the elimination of such discrimination through
education, conciliation, and recommended changes to policy and practice.
B. To hold hearings upon any complaint made against a person, an employer, an
employment agency, a labor organization, or the employees or members thereof,
to subpoena witnesses and compel their attendance at such hearings, to
administer oaths and take the testimony of any person under oath and to compel
such person, employer, employment agency, labor organization, or employees
or members thereof, to produce for examination any books and papers relating
to any matter involved in such complaint. The commission will issue subpoenas
for witnesses in the same manner and for the same purpose on behalf of the
respondent upon the respondent's request. Such hearings may be held by the
commission, by any commissioner, or by any hearing examiner appointed by the
commission. If a witness either fails or refuses to obey a subpoena issued by the
commission, the commission may petition the district court having jurisdiction for
issuance of a subpoena and the court must, in a proper case, issue the subpoena.
Refusal to obey such subpoena is subject to punishment for contempt.
C. To develop recommendations for actions to strengthen policies, practices, ser-
vices and programs that will, in the judgment of the commission, promote equita-
ble and inclusive behavior that tends to eliminate discrimination.
D. To prepare and transmit to the Mayor and City Council from time to time, but not
less often than once each year, reports describing its proceedings, hearings con-
ducted, and the outcome thereof, decisions rendered, and the other work per-
formed by the commission.
E. To make recommendations to the City Council concerning the promotion and
advancement of respect and belonging in the community and addressing discrim-
ination in order to improve quality of life and livability for all residents.
F. To cooperate, within the limits of any appropriations made for its operation, with
other agencies or organizations, both public and private, whose purposes are
consistent with those of this chapter, in the planning and conducting of programs
designed to advance respect and belonging, eliminate discrimination, or commu-
nity tensions.
G. To adopt, publish, amend, and rescind regulations consistent with and necessary
for the civil rights enforcement provisions of this chapter.
H. To receive, administer, dispense, and account for any restricted funds that may
be voluntarily contributed to the commission and any grants that may be awarded
the commission for furthering the purposes of this title. No disbursements will be
made of any restricted funds without authority from the City Council.
8-2-14: RECORDS TO BE PUBLIC; EXCEPTIONS: All records of the commission are
public except charges, complaints, reports of investigations, statements, and other
documents or records obtained in investigation of any charges.
8-2-15: CONFIDENTIALITY OF COMPLAINTS: No member of the commission or its
staff will disclose the filing of a charge, the information gathered during the investi-
gation, or the endeavors to eliminate such discriminatory or unfair practice by con-
ference, conciliation, or persuasion unless such disclosure is made in connection
with the conduct of such investigation or after the commission has held a public
hearing upon a complaint filed in connection with such charge. This section does
not prevent any complainant, witness, or other person from publicizing the filing of
a charge or complaint or the matter therein complained of.
8-2-16: SUBPOENAS: The commission may issue subpoenas and order discovery in
aid of investigations under this title. Such subpoenas and discovery may be ordered
to the same extent and subject to the same limitations as would apply for county
attorney subpoenas.
8-3-1: GENERALLY:
A. Aiding or Abetting: It shall be an unfair or discriminatory practice for:
1. Any person to intentionally aid, abet, compel, or coerce another person to en-
gage in any of the practices declared unfair or discriminatory by this title.
2. Any person to discriminate against another person in any of the rights protected
against discrimination on the basis of race, creed, color, sex, national origin,
familial status, religion, age, disability, marital status, or sexual orientation by
this chapter because such person has lawfully opposed any practice forbidden
under this chapter, obeys the provisions of this chapter, or has filed a complaint,
testified, or assisted in any proceeding under this title.
3. Any person to discriminate against another person because of the person's re-
lationship or association with a person protected under this title.
B. Sex and Age Discrimination Provisions Not Applicable to Retirement Plans; Ex-
ception: The provisions of this title relating to discrimination because of sex or
age shall not be construed to apply to any retirement plan or benefit system of
any employer unless such plan or system is a mere subterfuge adopted for the
purposes of evading the provisions of this title.
1. However, a retirement plan or benefit system shall not require the involuntary
retirement of a person because of that person's age.
2. A health insurance program provided by an employer may exclude coverage of
abortion, except where the life of the mother would be endangered if the fetus
were carried to term or where medical complications have arisen from an abor-
tion.
3. An employee welfare plan may provide life, disability, or health insurance ben-
efits which vary by age based on actuarial differences if the employer contrib-
utes equally for all the participating employees or may provide for employer
contributions differing by age if the benefits for all the participating employees
do not vary by age.
C. Sexual Harassment Victim Protection: Evidence concerning the past sexual be-
havior of an alleged victim of sexual harassment shall not be admissible in any
proceeding before the human rights commission.
8-3-2: ACCOMMODATIONS OR SERVICES:
A. Prohibited Practices: It shall be an unfair or discriminatory practice for any owner,
lessee, sublessee, proprietor, manager, or superintendent of any public accom-
modation or any agent or employee thereof:
1. To refuse or deny to any person because of race, creed, color, sex, age, national
origin, religion, or sexual orientation the accommodations, advantages, facili-
ties, services, or privileges thereof, or otherwise to discriminate against any per-
son because of race, creed, color, sex, age, national origin, religion, or sexual
orientation in the furnishing of such accommodations, advantages/facilities, ser-
vices, or privileges.
2. To directly or indirectly advertise or in any other manner indicate or publicize
that the patronage of persons of any particular race, creed, color, sex, age,
national origin, religion, or sexual orientation is unwelcome, objectionable, not
acceptable, or not solicited.
B. Exemptions: This section shall not apply to:
1. Any bona fide religious institution with respect to any qualifications the institution
may impose based on religion when such qualifications are related to a bona
fide religious purpose.
2. The rental or leasing to transient individuals of less than four (4) rooms within a
single housing accommodation if the occupant or owner or members of the own-
er's or occupant's family reside therein.
3. Discounts for services or accommodations based upon age.
8-3-3: EMPLOYMENT PRACTICES:
A. Prohibited Practices: It shall be an unfair or discriminatory practice for any:
1. Person to refuse to hire, accept, register, classify, or refer for employment, to
discharge any employee, or to otherwise discriminate in employment against
any applicant for employment or any employee because of the race, creed,
color, sex, age, national origin, religion, or sexual orientation of such applicant
or employee, unless based upon the nature of the occupation.
2. Labor organizations or the employees, agents, or members thereof to refuse to
admit to membership any applicant, to expel any member, or to otherwise dis-
criminate against any applicant for membership or any member in the privileges,
rights, or benefits of such membership because of the race, creed, color, sex,
age, national origin, religion, or sexual orientation of such applicant or member.
3. Employer, employment agency, labor organization, or the employees, agents,
or members thereof, to directly or indirectly advertise or in any other manner
indicate or publicize that individuals of any particular race, creed, color, sex,
age, national origin, religion, or sexual orientation are unwelcome, objectiona-
ble, not acceptable, or not solicited for employment or membership, unless
based upon the nature of the occupation.
B. Exemptions:
1. The prohibition by this section of discrimination based on sexual orientation shall
not apply to any bona fide religious institution with respect to any qualifications
for employment by such institution.
2. This section shall not apply to:
a. Any employer who regularly employs less than four (4) individuals. For pur-
poses of this subsection, the owners, owners' spouses, and children shall not
be counted as employees.
b. The employment of individuals for work within the home of the employer if the
employer or members of the employer's family reside therein during such em-
ployment.
c. The employment of individuals to render personal service to the person of the
employer or members of the employer's family.
d. Any bona fide religious institution or its educational association, corporation,
or society with respect to any qualifications for employment based on religion
when such qualifications are related to a bona fide religious purpose. A reli-
gious qualification for instructional, personnel, or administrative officer serving
in a supervisory capacity of a bona fide religious educational facility or religious
institution shall be presumed to be a bona fide occupational qualification.
e. Discrimination on the basis of age if the person subject to the discrimination is
under the age of eighteen (18) years, unless that person is considered by law
to be an adult.
f. A State or Federal program designed to benefit a specific age classification
which serves a bona fide public purpose.
8-3-4: CREDIT: It shall be an unfair or discriminatory practice for any:
A. Creditor to refuse to enter into a consumer credit transaction or impose finance
charges or other terms or conditions more onerous than those regularly extended
by that creditor to consumers of similar economic backgrounds and current situ-
ations because of age, color, creed, national origin, race, religion, marital status,
sex, physical disability, sexual orientation, or familial status.
B. Person authorized or licensed to do business in this State pursuant to chapters
524, 533, 534, 536, or 536A of the Code of Iowa to refuse to loan or extend to
persons of similar economic backgrounds because of age, color, creed, national
origin, race, religion, marital status, sex, physical disability, sexual orientation, or
familial status.
C. Creditor to refuse to offer credit life or health and accident insurance because of
color, creed, national origin, race, religion, marital status, age, physical disability,
sex, sexual orientation, or familial status. Refusal by a creditor to offer credit life
or health and accident insurance based upon the age or physical disability of the
consumer shall not be an unfair or discriminatory practice if such denial is based
solely upon bona fide underwriting considerations not prohibited by the Code of
Iowa or United States Code.
D. The provisions in this section shall not be construed by negative implications or
otherwise to narrow or restrict any other provisions of this title.
8-3-5: EDUCATION:
A. Prohibited Practices; Exceptions:
1. It is an unfair or discriminatory practice for any educational institution to discrim-
inate on the basis of race, creed, color, sex, national origin, religion, disability,
or sexual orientation in any program or activity. Such discriminatory practices
shall include, but not be limited to, the following practices:
a. Exclusion of a person or persons from participation in, denial of the benefits of,
or subject to discrimination in any academic, research, occupational training,
or other program or activity except athletic programs.
b. Denial of comparable opportunity in intramural and interscholastic athletic pro-
grams.
c. Discrimination among persons in employment and the conditions of employ-
ment.
d. On the basis of sex, the application of any rule concerning the actual or poten-
tial parental, family, or marital status of a person or the exclusion of any person
from any program or activity or employment because of pregnancy or related
conditions dependent upon the physician's diagnosis and certification.
2. For the purposes of this section, "educational institution" includes any preschool,
elementary, secondary, or community college, area education agency,
postsecondary college or university, and their governing boards. This section
does not prohibit an educational institution from maintaining separate toilet fa-
cilities, locker rooms, or living facilities for the different sexes so long as com-
parable facilities are provided. Nothing in this subsection shall be construed as
prohibiting any bona fide religious institution from imposing qualifications based
on religion when such qualifications are related to a bona fide religious purpose
or any institution from admitting students of only one sex.
B. Examinations and Courses: Any person that offers examinations or courses re-
lated to applications, licensing, certification, or credentialing for secondary or
postsecondary education, professional, or trade purposes shall offer such exam-
inations or courses in a place and manner accessible to persons with disabilities
or offer alternative accessible arrangements for such individuals.
8-3A-1: EMPLOYMENT PROHIBITED PRACTICES:
A. General Rule: No person shall discriminate against a qualified individual on the
basis of disability in regard to job application procedures, the hiring, advance-
ment, or discharge of employees, employee compensation, job training, and
other terms, conditions, and privileges of employment.
B. Construction: As used in subsection A of this section, the term "discriminate
against an individual on the basis of disability" includes:
1. Limiting, segregating, or classifying a job applicant or employee in a way that
adversely affects the opportunities or status of such applicant or employee be-
cause of the disability of such applicant or employee.
2. Participating in a contractual or other arrangement or relationship that has the
effect of subjecting a covered entity's qualified applicant or employee with a
disability to the discrimination prohibited by this title. Such relationship includes
a relationship with an employment or referral agency, labor union, an organiza-
tion providing fringe benefits to an employee of the covered entity, or an organ-
ization providing training and apprenticeship programs.
3. Utilizing standards, criteria, or methods of administration:
a. That have the effect of discrimination on the basis of disability.
b. That perpetuate the discrimination of others who are subject to common ad-
ministrative control.
4. Excluding or otherwise denying equal jobs or benefits to a qualified individual
because of the known disability of an individual with whom the qualified individ-
ual is known to have a relationship or association.
5. Not making reasonable accommodations to the known physical or mental limi-
tations of an otherwise qualified individual with a disability who is an applicant
or employee, unless such covered entity can demonstrate that the accommo-
dation would impose an undue hardship on the operation of the business of
such covered entity, or denying employment opportunities to a job applicant or
employee who is an otherwise qualified individual with a disability, if such denial
is based on the need of such covered entity to make reasonable accommoda-
tion to the physical or mental impairments of the employee or applicant.
6. Using qualification standards, employment tests, or other selection criteria that
screen out or tend to screen out an individual with a disability or a class of indi-
viduals with disabilities unless the standard test or other selection criteria, as
used by the covered entity, is shown to be job related for the position in question
and is consistent with business necessity.
7. Failing to select and administer tests concerning employment in the most effec-
tive manner to ensure that when such test is administered to a job applicant or
employee who has a disability that impairs sensory, manual, or speaking skills,
such test results accurately reflect the skills, aptitude, or whatever other factor
of such applicant or employee that such test purports to measure, rather than
reflecting the impaired sensory, manual, or speaking skills of such employee or
applicant, except where such skills are the factors that the test purports to meas-
ure.
8. Soliciting or requiring as a condition of employment of any employee or prospec-
tive employee a test for the presence of the antibody to the human immunode-
ficiency virus or affecting the terms, conditions, or privileges of employment or
terminating the employment of any employee solely as a result of the employee
obtaining a test for the presence of the antibody to the human immunodeficiency
virus. An agreement between an employer, employment agency, labor organi-
zation, or their employees, agents, or members and an employee or prospective
employee concerning employment, pay, or benefits to an employee or prospec-
tive employee in return for taking a test for the presence of the antibody to the
human immunodeficiency virus is prohibited. The prohibitions of t his subsection
do not apply if the state epidemiologist determines and the state director of pub-
lic health declares through the utilization of guidelines established by the center
for disease control of the United States department of health and human ser-
vices that a person with a condition related to acquired immune deficiency syn-
drome poses a significant risk of transmission of the human immunodeficiency
virus to other persons in a specific occupation.
C. Medical Examinations and Inquiries:
1. In General: The prohibition against discrimination as referred to in subsection A
of this section shall include medical examinations and inquiries.
2. Preemployment:
a. Prohibited Examination or Inquiry: Except as provided in subsection C3 this
section, a covered entity shall not conduct a medical examination or make in-
quiries of a job applicant as to whether such applicant is an individual with a
disability or as to the nature or severity of such disability.
b. Acceptable Inquiry: A covered entity may make preemployment inquiries into
the ability of an applicant to perform job-related functions.
3. Employment Entrance Examination: A covered entity may require a medical ex-
amination after an offer of employment has been made to a job applicant and
prior to the commencement of the employment duties of such applicant and may
condition an offer of employment on the results of such examination, if:
a. All entering employees are subjected to such an examination regardless of
disability.
b. Information obtained regarding the medical condition or history of the applicant
is collected and maintained on separate forms and in separate medical files
and is treated as a confidential medical record, except that:
(1) Supervisors and managers may be informed regarding necessary re-
strictions on the work or duties of the employee and necessary accommoda-
tions.
(2) First aid and safety personnel may be informed, when appropriate, if the
disability might require emergency treatment.
(3) Government officials investigating compliance with this chapter shall be pro-
vided relevant information on request.
c. The results of such examination are used only in accordance with this chapter.
4. Examination And Inquiry:
a. Prohibited Examinations and Inquiries: A covered entity shall not require a
medical examination and shall not make inquiries of an employee as to
whether such employee is an individual with a disability or as to the nature or
severity of the disability, unless such examination or inquiry is shown to be job
related and consistent with business necessity.
b. Acceptable Examinations and Inquiries: A covered entity may conduct volun-
tary medical examinations, including voluntary medical histories, which are
part of an employee health program available to employees at the work site. A
covered entity may make inquiries into the ability of an employee to perform
job related functions.
c. Requirement: Information obtained under subsection C4b of this section re-
garding the medical condition or history of any employee is subject to the re-
quirements of subsections C3b and C3c of this section.
8-3A-2: DEFENSES, EXEMPTIONS AND EXCLUSIONS:
A. Defenses:
1. In General: It may be a defense to a charge of discrimination under this article
that an alleged application of qualification standards, tests, or selection criteria that
screen out or otherwise deny a job or benefit to an individual with a disability has
been shown to be job related and consistent with business necessity, and such
performance cannot be accomplished by reasonable accommodation, as required
under this title.
2. Qualification Standards: The term "qualification standards" may include a re-
quirement that an individual shall not pose a direct threat to the health or safety of
other individuals in the workplace.
3. Qualification Standards And Tests Related To Uncorrected Vision: Notwith-
standing the provisions under the definition of "disability" in section 8-1-1 of this
title, a covered entity shall not use qualification standards, employment tests, or
other selection criteria based on an individual's uncorrected vision unless the
standard, test, or other selection criteria, as used by the covered entity, is shown
to be job related and consistent with business necessity.
4. Reasonable Accommodation And Good Faith Effort: In cases where a dis-
criminatory practice involves the provision of a reasonable accommodation pursu-
ant to this subsection, actual damages other than damages for back pay may not
be awarded under this title where the covered entity proves, by a preponderance
of the evidence, good faith efforts, in consultation with the person with the disability
who has informed the covered entity that accommodation is needed, to identify
and make a reasonable accommodation that would provide such individual with an
equally effective opportunity and would not cause an undue hardship on the oper-
ation of the business.
5. List of Infectious and Communicable Diseases:
a. Applications: In any case in which an individual has an infectious or communi-
cable disease that is transmitted to others through the handling of food that is
included on the list developed by the secretary of health and human services
under 42 USC 12113(d) and which cannot be eliminated by reasonable ac-
commodation, a covered entity may refuse to assign or continue to assign such
individual to a job involving food handling.
b. Construction: Nothing in this article shall be construed to preempt, modify, or
amend any local law, ordinance, or regulation applicable to food handling
which is designed to protect the public health from individuals who pose a sig-
nificant risk to the health or safety of others, which cannot be eliminated by
reasonable accommodation, pursuant to the list of infectious or communicable
diseases and the modes of transmissibility published by the secretary of health
and human services.
B. Exemptions: This article shall not apply to:
1. Any employer who regularly employs less than four (4) individuals. For pur-
poses of this subsection, the owner(s), the owner(s)' spouse(s), and children shall
not be counted as employees.
2. The employment of individuals for work within the home of the employer if the
employer or members of the employer's family reside therein during such employ-
ment.
3. The employment of individuals to render personal service to the person of the
employer or members of the employer's family.
4. An employer's qualifications for a job may include a requirement that an indi-
vidual shall not pose a direct threat to the health or safety of other individuals in
the workplace.
C. Exclusions: For purposes of the definition of "disability" in section 8-1-1 of this
title, the following are not impairments and as such are not disabilities under this
article:
1. Homosexuality, bisexuality, not resulting from physical impairments;
2. Pedophilia, exhibitionism, voyeurism, or other sexual behavior disorders;
3. Compulsive gambling, kleptomania, or pyromania; or
4. Psychoactive substances use disorders resulting from current illegal use of
drugs.
8-3A-3: CONSTRUCTION:
A. Insurance:
1. This title shall not be construed to prohibit or restrict:
a. An insurer, hospital, or medical service company, health maintenance organi-
zation, or any agent or entity that administers benefit plans or similar organi-
zations from underwriting risks, classifying risks, or administering such risks
that are based on or not inconsistent with other laws of this state.
b. A person or organization covered by this title from establishing, sponsoring,
observing, or administering the terms of a bona fide benefit plan that are based
on underwriting risks, classifying risks, or administering such risks that are
based on or not inconsistent with other laws of this state.
c. A person or organization covered by this title from establishing, sponsoring,
observing, or administering the terms of a bona fide benefit plan that is subject
to the laws of this state that regulate insurance.
2. Subsection A1 of this section shall not be used as subterfuge to evade the pur-
poses of this title.
B. Accommodations and Services: Nothing in this title shall be construed to require
an individual with a disability to accept an accommodation, aid, service, oppor-
tunity, or benefit which such individual chooses not to accept.
C. Smoking: Nothing in this article shall be construed to preclude the prohibition of
or the imposition of restrictions on smoking in places of employment or in public
accommodations.
8-3A-4: ILLEGAL USE OF DRUGS AND ALCOHOL:
A. Qualified Individual with a Disability: For purposes of this article, a qualified indi-
vidual with a disability shall not include any employee or applicant who is currently
engaging in the illegal use of drugs, when the covered entity acts on the basis of
such use.
B. Rules of Construction: Nothing in subsection A of this section shall be construed
to exclude as a qualified individual with a disability an individual who:
1. Has successfully completed a supervised drug rehabilitation program and is no
longer engaging in the illegal use of drugs or has otherwise been rehabilitated
successfully and is no longer engaging in such use.
2. Is participating in a supervised rehabilitation program and is no longer engaging
in such use.
3. Is erroneously regarded as engaging in such use, but is not engaging in such
use; except that it shall not be a violation of this title for a covered entity to adopt
or administer reasonable policies or procedures including, but not limited to,
drug testing designed to ensure that an individual described in subsection B1 or
B2 of this section is no longer engaging in the illegal use of drugs. However,
nothing in this section shall be construed to encourage, prohibit, restrict, or au-
thorize the conducting of testing for the illegal use of drugs.
C. Authority of Covered Entity: A covered entity:
1. May prohibit the illegal use of drugs and the use of alcohol at the workplace by
all employees.
2. May require that employees shall not be under the influence of alcohol or be
engaging in the illegal use of drugs at the workplace.
3. May hold an employee who engages in the illegal use of drugs or who is an
alcoholic to the same qualification standards for employment or job performance
and behavior that such entity holds other employees, even if any unsatisfactory
performance or behavior is related to the drug use or alcoholism of such em-
ployee.
D. Drug Testing:
1. In General: For purposes of this title, a test to determine the illegal use of drugs
shall not be considered a medical examination.
2. Construction: Nothing in this title shall be construed to encourage, prohibit, or
authorize the conducting of drug testing for the illegal use of drugs by job appli-
cants or employees or making employment decisions based on such test re-
sults.
E. Governmental Regulations: Nothing in this title shall be construed to encourage,
prohibit, restrict, or authorize the otherwise lawful exercise by entities subject to
the jurisdiction of the Iowa department of transportation or any other state or fed-
eral agency of authority to:
1. Test employees of such entities in, and applicants for, positions involving safety
sensitive duties for the illegal use of drugs and for on duty impairment by alco-
hol.
2. Remove such persons who test positive for illegal use of drugs and on duty
impairment by alcohol pursuant to subsection E1 of this section from safety sen-
sitive duties in implementing subsection C of this section.
8-3A-5: PUBLIC ACCOMMODATIONS; PROHIBITED PRACTICES:
A. It shall be an unfair or discriminatory practice for any person on the basis of dis-
ability to refuse or deny full and equal enjoyment of the goods, services, facilities,
privileges, advantages, or other public accommodations.
B. It shall be an unfair or discriminatory practice not to afford an individual or class
of individuals on the basis of disability the full and equal enjoyment of a facility in
an integrated setting appropriate to the needs of the individual.
C. It shall be an unfair or discriminatory practice for any person to discriminate
against an individual or class of individuals in any of the following:
1. It shall be discriminatory to provide an individual or class of individuals, on the
basis of a disability or disabilities of such individual or class, directly or through
contractual, licensing, or other arrangements with a good, service, facility, priv-
ilege, advantage, or accommodation that is different or separate from that pro-
vided to other individuals, unless such action is necessary to provide the indi-
vidual or class of individuals with a good, service, facility, privilege, advantage,
accommodation, or other opportunity that is as effective as that provided to oth-
ers.
2. Notwithstanding the existence of separate or different programs or activities pro-
vided in accordance with this section, an individual with a disability shall not be
denied the opportunity to participate in such programs or activities that are not
separate or different.
3. A public accommodation shall not, directly or through contractual or other ar-
rangements, utilize standards or criteria or methods of administration:
a. That have the effect of discriminating on the basis of disability.
b. That perpetuate the discrimination of others who are subject to common ad-
ministrative control.
4. It shall be discriminatory to exclude or otherwise deny equal goods, services,
facilities, privileges, advantages, accommodations, or other opportunities to a
person because of the known disability of an individual with whom the individual
or entity is known to have a relationship or association.
D. For purposes of subsection A of this section, discrimination includes:
1. The imposition or application of eligibility criteria that screen out or tend to screen
out an individual with a disability or any class of individuals with disabilities from
fully and equally enjoying any goods, services, facilities, privileges, advantage s,
or accommodations, unless such criteria can be shown to be necessary for the
provision of the goods, services, facilities, privileges, advantages, or accommo-
dations being offered.
2. A failure to make reasonable modifications in policies, practices, or procedures
when such modifications are necessary to afford such goods, services, facilities,
privileges, advantages, or accommodations to individuals with disabilities, un-
less the entity can demonstrate that making such modifications would funda-
mentally alter the nature of such goods, services, facilities, privileges, ad-
vantages, or accommodations.
3. A failure to take such steps as may be necessary to ensure that no individual
with a disability is excluded, denied services, segregated, or otherwise treated
differently than other individuals because of the absence of auxiliary aids and
services, unless the entity can demonstrate that taking such steps would funda-
mentally alter the nature of the goods, service, facility, privilege, advantage, or
accommodation being offered or would result in an undue burden.
4. A failure to remove architectural barriers and communication barriers that are
structural in nature, in existing facilities, and transportation barriers in existing
vehicles and rail passenger cars used by an establishment for transporting in-
dividuals (not including barriers that can only be removed through the retrofitting
of vehicles or rail passenger cars by the installation of hydraulic or other lift),
where such removal is readily achievable.
5. Where an entity can demonstrate that the removal of a barrier under subsection
D4 this section is not readily achievable, a failure to make such goods, services,
facilities, privileges, advantages, or accommodations available through alterna-
tive methods if such methods are readily achievable.
E. Nothing in this section shall require an entity to permit an individual to participate
in or benefit from the goods, services, facilities, privileges, advantages, and ac-
commodations of such entity where such individual poses a direct threat to the
health or safety of others.
8-3A-6: NEW CONSTRUCTION AND ALTERATION OF PUBLIC ACCOMMODA-
TIONS:
A. It shall be an unfair or discriminatory practice for any person on the basis of dis-
ability to:
1. Fail to design and construct all public accommodations built after September 1,
1996, so that they are readily accessible to and usable by individuals with disa-
bilities, except where an entity can demonstrate that it is structurally impractica-
ble to meet such requirements.
2. With respect to a facility or part thereof that is altered by, on behalf of, or for the
use of an establishment in a manner that affects or could affect the usability of
the facility or part thereof, a failure to make alterations in such a manner that, to
the maximum extent feasible, the altered portions of the facility are readily ac-
cessible to and usable by individuals with disabilities, including individuals who
use wheelchairs. Where the entity is undertaking an alteration that affects or
could affect usability of or access to an area of the facility containing a primary
function, the entity shall also make the alterations in such a manner that, to the
maximum extent feasible, the path of travel to the altered area and the bath-
rooms, telephones, and drinking fountains serving the altered area are readily
accessible to and usable by individuals with disabilities where such alterations
to the path of travel or the bathrooms, telephones, and drinking fountains serv-
ing the altered area are not d isproportionate to the overall alterations in terms
of cost and scope.
B. Subsections A1 and A2 of this section shall not be construed to require the in-
stallation of an elevator for facilities that are less than three (3) stories or have
less than three thousand (3,000) square feet per story unless the building is a
shopping center, a shopping mall, or the professional office of a healthcare pro-
vider.
8-4-1: FILING COMPLAINTS:
A. Filing Of Verified, Written Complaint: All persons claiming to be aggrieved by a
discriminatory or unfair practice within this city may sign and file with the commis-
sion a verified, written complaint in triplicate which shall state the name and ad-
dress of the person alleged to have committed the discriminatory or unfair prac-
tice of which complained, shall set forth the particulars thereof, and shall contain
such other information as may be required by the commission. The commission,
a commissioner, or the city attorney's office may in like manner sign and file such
complaint.
B. Protection of Person's Identity: A person who has tested positive for human im-
munodeficiency virus or who has a diagnosis of acquired immune deficiency syn-
drome or a person who is perceived to have human immunodeficiency virus or
acquired immune deficiency may file a d isability charge utilizing "John Doe",
"Jane Doe", or a coded number to protect the person's identity. The name of the
charging party shall be disclosed to the respondent. It shall be a discriminatory
practice for any person to disclose the name of the coded person or information
that would lead to that person's identity.
8-4-2: AMENDMENTS OF COMPLAINTS: The commission or the complainant shall
have the power to reasonably and fairly amend any complaint and the respondent
shall have like power to amend such respondent's answer at any time prior to hear-
ing.
8-4-3: TIME LIMITATION FOR FILING COMPLAINT:
A. A claim under this title shall not be maintained unless a complaint is filed with the
commission within three hundred (300) days after the alleged discriminatory or
unfair practice occurred.
B. For purposes of this section, an unlawful employment practice occurs, with re-
spect to discrimination in compensation in violation of this title, when a discrimi-
natory compensation decision or other practice is adopted, when an individual
becomes subject to a discriminatory compensation decision or other practice, or
when an individual is affected by application of a discriminatory compensation
decision or other practice, including each time wages, benefits, or other compen-
sation is paid, resulting in whole or in part from such a decision or other practice.
8-4-4: COMMISSION STAFF PROCEEDINGS ON COMPLAINTS:
A. Notice to Respondent: After the filing of a verified complaint, a true copy shall be
served within twenty (20) days by personal service, certified mail, or overnight
mail with tracking to ensure service, on the person against whom the complaint
is filed.
B. Screening: The director shall review each complaint and is authorized to admin-
istratively close a case when the city manager finds any of the following:
1. Lack of jurisdiction.
2. Minimal impact on civil rights in the community.
3. Further processing is not warranted.
C. Investigation by Staff; Probable Cause Determination by Administrative Law
Judge: An authorized member of the commission shall make a prompt investiga-
tion and shall issue a recommendation to an administrative law judge under the
jurisdiction of the commission, who shall then issue a determination of probable
cause or no probable cause.
1. For purposes of this chapter, an administrative law judge issuing a determina-
tion of probable cause or no probable cause under this section shall be exempt
from section 17A.17 of the code of Iowa.
2. If the administrative law judge concurs with the investigating official that prob-
able cause exists regarding the allegations of the complaint, the staff of the
commission shall promptly endeavor to eliminate the discriminatory or unfair
practice by conference, conciliation, and persuasion. If the administrative law
judge finds that no probable cause exists, the administrative law judge shall
issue a final order dismissing the complaint and the commission shall promptly
mail a copy to the complainant and to the respondent by certified mail.
A finding of probable cause shall not be introduced into evidence in an action
brought under section 8-4-7 of this chapter.
D. Conciliation Conference And Persuasion Procedures: The commission staff must
endeavor to eliminate the discriminatory or unfair practice by conciliation confer-
ence and persuasion for a period of thirty (30) days following the initial conciliation
meeting between the respondent and the commission staff after a finding of prob-
able cause. After the expiration of thirty (30) days, the city manager may order
the conciliation conference and persuasion procedure provided in this section to
be bypassed when the city manager determines the procedure is unworkable by
reason of past patterns and practices of the respondent or a statement by the
respondent that the respondent is unwilling to continue with the conciliation. Upon
the bypassing of conciliation, the city manager shall state in writing the reasons
for bypassing.
8-4-5: COMMISSION PROCEEDINGS UPON FAILURE TO REACH SETTLEMENT
BY CONCILIATION:
A. Notice Of Hearing: When the city manager is satisfied that further endeavor to
settle a complaint by conference, conciliation, and persuasion is unworkable and
should be bypassed and the thirty (30) day period provided for in section 8-4-4 of
this chapter has expired without agreement, the city manager, with the approval
of a commissioner, shall issue and cause to be served a written notice:
1. Specifying the charges in the complaint as they may have been amended and
the reasons for bypassing further conciliation.
2. Requiring the respondent to answer the charges of the complaint at a hearing
before the commission, a commissioner, or a person designated by the com-
mission to conduct the hearing, hereafter referred to as the administrative law
judge.
3. Specifying a time and place.
B. Participation of Commission Personnel: The case in support of such complaint
shall be presented at the hearing by one of the commission's attorneys or agents.
The investigating official shall not participate in the hearing except as a witness,
nor shall the official participate in the deliberations of the commission in such
case.
C. Conduct of Hearing: The hearing shall be conducted in accordance with the pro-
visions of chapter 17A of the code of Iowa for contested cases. The burden of
proof in such a hearing shall be on the commission.
D. Proposed Order by Hearing Panel or Judge: In the case of a proposed order by
a hearing panel or administrative law judge, the commission may review such
proposed order within sixty (60) days. If the commission fails to review such pro-
posed order within sixty (60) days, the proposed order shall become the final
order of the commission.
8-4-6: COMMISSION ORDERS:
A. Upon Finding Of Discriminatory, Unfair Practice: If, upon taking into consideration
all of the evidence at a hearing, the commission determines that the respondent
has engaged in a discriminatory or unfair practice, the commission shall state its
findings of fact and conclusions of law and shall issue an order requiring the re-
spondent to cease and desist from the discriminatory or unfair practice and to
take the necessary remedial action as in the judgment of the commission will
carry out the purposes of this chapter. A copy of the order shall be delivered to
the respondent, the complainant, and to any other public officers and persons as
the commission deems proper.
1. Remedial Actions: For the purposes of this subsection and pursuant to the pro-
visions of this chapter, remedial action includes, but is not limited to, the follow-
ing:
a. Hiring, reinstatement, or upgrading of employees with or without pay. Interim
earned income and unemployment compensation shall operate to reduce the
pay otherwise allowable.
b. Admission or restoration of individuals to a labor organization, admission to or
participation in a guidance program, apprenticeship training program, on the
job training program, or other occupational training or retraining program with
the utilization of objective criteria in the admission of individuals to such pro-
grams.
c. Admission of individuals to a public accommodation or an education institution.
d. Sale, exchange, lease, rental, assignment, or sublease of real property to an
individual.
e. Extension to all individuals of the full and equal enjoyment of the advantages,
facilities, privileges, and services of the respondent denied to the complainant
because of the discriminatory or unfair practice.
f. Reporting as to the manner of compliance.
g. Posting notices in conspicuous places in the respondent's place of business in
form prescribed by the commission and inclusion of notices in advertising ma-
terial.
h. Payment to the complainant of damages for an injury caused by the discrimi-
natory or unfair practice, which damages shall include, but are not limited to,
damages and reasonable attorney fees.
i. Reimbursement to the commission for contested case costs.
2. Requirements To Cease And Desist Certifications To Licensing And Contracting
Agencies: In addition to the remedies provided in the preceding provisions of
this section, the commission may issue an order requiring the respondent to
cease and desist from the discriminatory or unfair practice and may take such
affirmative action as in the judgment of the commission will carry out the pur-
poses of this chapter as follows:
a. In the case of a respondent operating by virtue of a license issued by the state
or a political subdivision or agency, if the commission, upon notice to the re-
spondent with an opportunity to be heard, determines that the respondent has
engaged in a discriminatory or unfair practice and that the practice was au-
thorized, requested, commanded, performed, or knowingly or recklessly toler-
ated by the board of directors of the respondent or by an officer or executive
agent acting within the scope of such officer's or executive agent's employ-
ment, the commission shall so certify to the licensing agency. Unless the com-
mission finding of a discriminatory or unfair practice is reversed in the course
of judicial review, the finding of discrimination is binding on the licensing
agency.
b. In the case of a respondent who is found by the commission to have engaged
in a discriminatory or unfair practice in the course of performing under a con-
tract or subcontract with the state or political subdivision or agency, if the prac-
tice was authorized, requested, commanded, performed, or knowingly or reck-
lessly tolerated by the board of directors of the respondent or by an officer or
executive agent acting within the scope of such officer's or executive agent's
employment, the commission shall so certify to the contracting agency. Unless
the commission's finding of a discriminatory or unfair practice is reversed in
the course of judicial review, the finding of discrimination is binding on the con-
tracting agency.
B. Upon Hearing Finding Of No Discriminatory, Unfair Practice: If, upon taking into
consideration all of the evidence at a hearing, the commission finds that a re-
spondent has not engaged in any such discriminatory or unfair practice, the com-
mission shall issue an order denying relief and stating the findings of fact and
conclusions of the commission and shall cause a copy of the order dismissing
the complaint to be served by regular mail on the complainant and the respond-
ent.
C. Upon Conciliation Agreements:
1. The terms of a conciliation agreement reached with the respondent may require
the respondent to refrain in the future from committing discriminatory or unfair
practices of the type stated in the agreement, to take remedial action as in the
judgment of the commission will carry out the purposes of this code, and to
consent to the entry in an appropriate district court of a consent decree embod-
ying the terms of the conciliation agreement. Violation of such a consent decree
may be punished by contempt by the court in which it is filed upon a showing by
the commission of the violation at any time within six (6) months of its occur-
rence. In all cases where a conciliation agreement is entered into, the commis-
sion shall issue an order stating its terms and furnish a copy of the order to the
complainant, the respondent, and such other persons as the commission deems
proper.
2. At any time, in its discretion, the commission may investigate whether the terms
of the agreement are being complied with by the respondent. Upon a finding
that the terms of the conciliation agreement are not being complied with by the
respondent, the commission shall take appropriate action to assure compliance.
8-4-7: RELEASE FROM ADMINISTRATIVE PROCESS; ALTERNATIVE JUDICIAL
PROCEEDINGS UPON COMPLAINTS:
A. Administrative Release: A person claiming to be aggrieved by an unfair or dis-
criminatory practice must initially seek an administrative relief by filing a complaint
with the commission in accordance with section 8-4-1 of this chapter. A complain-
ant, after the proper filing of a complaint with the commission, may subsequently
commence an action for relief in the district court if all of the following conditions
have been satisfied:
1. The complainant has timely filed the complaint with the commission as provided
in section 8-4-3 of this chapter.
2. The complaint has been on file with the commission at least sixty (60) days and
the commission has issued a release to the complainant pursuant to this sec-
tion.
3. The complainant has requested an administrative release from the Iowa civil
rights commission via the Dubuque human rights commission.
4. The complainant has received an administrative release from the Iowa civil
rights commission.
B. Screening of Complaint: It is the legislative intent of this section that every com-
plaint be at least preliminarily screened during the first sixty (60) days. This sub-
section does not authorize administrative closures if an investigation is war-
ranted.
8-4-8: PROVISIONAL REMEDIES: If, any time after the filing of a complaint, it shall
appear to the commission that there is reason to believe that the party charged has
violated this chapter and there is reason to believe that the person charged is about
to commit acts which would make impossible compliance with an order of the com-
mission to alleviate the grievance, or it appears that a complainant may suffer irrep-
arable injury as a result of alleged violation, the commission's attorney may seek a
temporary injunction restraining the party charged from doing these acts pending
completion of the proceedings under this chapter. A temporary injunction may be
issued only after the respondent has been notified and afforded the opportunity to
be heard, except that an ex parte temporary injunction may be issued when the
complainant alleges housing discrimination.
8-4-9: JUDICIAL REVIEW; ENFORCEMENT ACTIONS:
A. Filing Petition for Judicial Review: Judicial review of the actions of the commission
may be sought in accordance with the terms of the Iowa administrative procedure
act 1. Notwithstanding the terms of such act, petition for judicial review may be
filed in the district court in which an enforcement proceeding under subsection B
of this section may be brought. For purposes of the time limit for filing a petition
for judicial review under the Iowa administrative procedure act, the issuance of a
final decision of the commission under this chapter occurs on the date notice of
the decision is mailed by regular mail to the parties. Notwithstanding the time limit
provided in section 17A.19, subsection 3 of the code of Iowa, a petition for judicial
review of no probable cause decisions and other final agency actions which are
not of general applicability must be filed within thirty (30) days of the issuance of
the final agency action.
B. Order for Enforcement: The commission may obtain an order for the enforcement
of commission orders in a proceeding as provided in this section. Such an en-
forcement proceeding shall be brought in the district court of the district in the
county in which the alleged discriminatory or unfair practice which is the subject
of the commission's order was committed, or in which any respondent required
in the order to cease or desist from a discriminatory or unfair practice or take
other affirmative action, resides or transacts business.
C. Transcript of Record of Hearing Filed with Court: Such an enforcement proceed-
ing shall be initiated by the filing of a petition in such court and the service of a
copy thereof upon the respondent. Thereupon, the commission shall file with the
court a transcript of the record of the hearing before it. The court shall have power
to grant such temporary relief or restraining order as it deems just and proper,
and to make and enter upon the pleadings, testimony, and proceedings set forth
in such transcript an order enforcing, modifying, and enforcing as so modified, or
setting aside the order of the commission, in whole or in part.
D. Consideration of Objection: An objection that has not been urged before the com-
mission shall not be considered by the court in an enforcement proceeding unless
the failure or neglect to urge such objection shall be excused because of extraor-
dinary circumstances.
E. Remission of Case to Commission: Any party to the enforcement proceeding may
move the court to remit the case to the commission in the interests of justice for
the purposes of adducing additional specified and material evidence and seeking
findings thereof, provided such party shall show reasonable grounds for the fail-
ure to adduce such evidence before the commission.
F. Determination Under State Statute: In the enforcement proceeding, the court shall
determine its order on the same basis as it would in a proceeding reviewing com-
mission action under section 17A.19 of the code of Iowa.
G. Availability of Testimony: The commission's copy of the testimony shall be avail-
able to all parties for examination at all reasonable times, without cost, and for
the purpose of judicial review of the commission's orders.
H. Commission Attorney Appearance in Court: The commission may appear in court
by its own attorney.
I. Expeditious Hearing on Petitions: Petitions filed under this section shall be heard
expeditiously and determined upon the transcript filed without requirement for
hearing.
J. Failure To Obtain Judicial Review: If no proceeding to obtain judicial review is
instituted within thirty (30) days from the service of an order of the commission
under section 8-4-6 of this chapter, the commission may obtain an order of the
court for the enforcement of such order upon showing that respondent is subject
to the jurisdiction of the commission and resides or transacts business within the
county in which the petition for enforcement is brought.
8-4-10: RULE OF CONSTRUCTION: This chapter shall be construed liberally to effec-
tuate its purpose.
8-5-1: DEFINITIONS: As used in this chapter:
AGGRIEVED PERSON: Any person who:
A. Claims to have been injured by discriminatory housing practice.
B. Believes that such person will be injured by a discriminatory housing practice that
is about to occur.
COMPLAINANT: The person who files a complaint under section 8-5-6 of this chap-
ter.
CONCILIATION: The attempted resolution of issues raised by a complaint, or by the
investigation of such complaint, through informal negotiations involving the ag-
grieved person, the respondent, and the commission.
CONCILIATION AGREEMENT: A written agreement setting forth the resolution of the
issues in conciliation.
DISCRIMINATORY HOUSING PRACTICE: An act that is unlawful under section 8-
5-2, 8-5-4, or 8-5-5 of this chapter.
DWELLING: Any building, structure, or portion thereof which is occupied as, or de-
signed or intended for occupancy as, a residence by one or more families, and any
vacant land which is offered for sale or lease for the construction or location
thereon of any such building, structure, or portion thereof.
FAMILY: A single individual.
PERSON: An individual, corporation, partnership, association, labor organization, le-
gal representative, mutual company, joint stock company, trust, unincorporated
organizations, trustees, trustee in cases under title 11 of the United States code,
receiver, fiduciary, or any other legal entity.
PREVAILING PARTY: The same as such term has in section 722 of the revised stat-
utes of the United States (42 USC 1988).
RESPONDENT:
A. The person or other entity accused in a complaint of an unfair housing practice.
B. Any other person or entity identified in the course of investigation and notified as
required with respect to respondents so identified under subsection 8-5-6A of this
chapter.
SECRETARY: The U.S. secretary of housing and urban development.
STATE: The state of Iowa and any of its political subdivisions.
TO RENT: To lease, sublease, let, and otherwise grant for consideration the right to
occupy premises not owned by the occupant.
8-5-2: PROHIBITIONS: It shall be unlawful:
A. To refuse to sell or rent after the making of a bona fide offer, or to refuse to
negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwell-
ing to any person because of race, color, religion, sex, familial status, national
origin, creed, age, disability, or sexual orientation.
B. To discriminate against any person in the terms, conditions, or privileges of sale
or rental of a dwelling, or in the provisions of services or facilities in connection
therewith, because of race, color, religion, sex, familial status, national origin,
creed, age, disability, or sexual orientation.
C. To make, print, or publish, or cause to be made, printed, or published any notice,
statement, or advertisement, with respect to the sale or rental of a dwelling that
indicates any preference, limitation, or discrimination based on race, color, reli-
gion, sex, familial status, national origin, creed, age, disability, or sexual orienta-
tion, or an intention to make any such preference, limitation, or discrimination.
D. To represent to any person because of race, color, religion, sex, familial status,
national origin, creed, age, disability, or sexual orientation that any dwelling is not
available for inspection, sale, or rental when such dwelling is in fact so available.
E. For profit, to induce or attempt to induce any person to sell or rent any dwelling
by representations regarding the entry or prospective entry into the neighborhood
of a person or disabled persons of a particular race, color, religion, sex, familial
status, national origin, creed, age, disability, or sexual orientation.
F.
1. To discriminate in the sale or rental, or to otherwise make unavailable or deny
a dwelling to any buyer or renter because of a disability of:
a. That buyer or renter.
b. A person residing in or intending to reside in that dwelling after it is sold,
rented, or made available.
c. Any person associated with that buyer or renter.
2. To discriminate against any person in the terms, conditions, or privileges of sale
or rental of a dwelling, or in the provisions of services or facilities in connection
with such dwelling, because of a disability of:
a. That person.
b. A person residing in or intending to reside in that dwelling after it is sold, rented,
or made available.
c. Any person associated with that person.
3. For purposes of this subsection, discrimination includes:
a. A refusal to permit, at the expense of the disabled person, reasonable modifi-
cations of existing premises occupied or to be occupied by such person if such
modifications may be necessary to afford such person full enjoyment of the
premises, except that, in the case of a rental, the landlord may, where it is
reasonable to do so, condition permission for a modification on the renter,
agreeing to restore the interior of the premises to the condition that existed
before the modification, reasonable wear and tear excepted.
b. A refusal to make reasonable accommodations in rules, policies, practices, or
services, when such accommodations may be necessary to afford such per-
son equal opportunity to use and enjoy a dwelling.
c. In connection with the design and construction of covered multi -family dwell-
ings for first occupancy after March 13, 1991, a failure to design and construct
those dwellings in such a manner that:
(1) The public use and common use portions of such dwellings are readily ac-
cessible to and usable by disabled persons.
(2) All the doors designed to allow passage into and within all premises within
such dwellings are sufficiently wide to allow passage by disabled persons in
wheelchairs.
(3) All premises within such dwellings contain the following features of adaptive
design:
(A) An accessible route into and through the dwelling.
(B) Light switches, electrical outlets, thermostats, and other environmental
controls in accessible locations.
(C) Reinforcements in bathroom walls to allow later installation of grab bars.
(D) Usable kitchens and bathrooms such that an individual in a wheelchair can
maneuver about the space.
4. Compliance with the appropriate requirements of the American national stand-
ard for buildings and facilities providing accessibility and usability for physically
disabled persons (commonly cited as ANSI A117.1) suffices to satisfy the re-
quirements of subsection F3c(3) of this section.
5. As used in this subsection, the term "covered multi-family dwellings" means:
a. Buildings consisting of four (4) or more units if such buildings have one or
more elevators.
b. Ground floor units in other buildings consisting of four (4) or more units.
6. Nothing in this subsection requires that a dwelling be made available to an indi-
vidual whose tenancy would constitute a direct threat to the health or safety of
other individuals or whose tenancy would result in substantial physical damage
to the property of others.
8-5-3: EXEMPTIONS:
A. Exemptions Enumerated: Nothing in section 8-5-2 of this chapter, other than sub-
section 8-5-2C of this chapter, shall apply to:
1. Any single-family house sold or rented by an owner; provided, that:
a. The private individual owner does not own more than three (3) such single -
family houses at any one time.
b. In the sale of any single-family house, the private individual owner does not
reside in, nor is the most recent resident of such house prior to such sale; the
exemption granted by this subsection shall apply to only one such sale within
a twenty four (24) month period.
c. The bona fide private individual owner does not own any interest in, nor is there
owned or reserved on the owner's behalf, under express of voluntary agree-
ment, title to, or any right to all or a portion of the proceeds from the sale or
rental of more than three (3) such single-family houses at one time.
d. There is no utilization in any manner of the sales or rental facilities or the sales
or rental services of any real estate broker, agent, salesperson, or of such
facilities or services of any person in the business of selling or renting
dwellings, or of any employee or agent of any such broker, agent, salesperson,
or person.
e. There is no publication, posting, or mailing, after notice, of any advertisement
or written notice in violation of subsection 8-5-2C of this chapter. Nothing in
this subsection prohibits the utilization of attorneys, escrow agents, abstrac-
tors, title companies, and other such professional assistance as necessary to
perfect or transfer the title.
2. Rooms or units in dwellings containing living quarters occupied or intended to
be occupied by no more than four (4) families living independently of each other,
if the owner actually maintains and occupies one of such living quarters as his
residence.
B. Selling or Renting Dwellings: For the purposes of subsection A of this section, a
person shall be deemed to be in the business of selling or renting dwellings if:
1. The person has, within the preceding twelve (12) months, participated as prin-
cipal in three (3) or more transactions involving the sale or rental of any dwelling
or any interest therein.
2. The person has, within the preceding twelve (12) months, participated as agent,
other than in the sale of the person's own personal residence, in providing sales
or rental facilities or sales or rental services in two (2) or more transactions in-
volving the sale or rental of any dwelling or any interest therein.
3. The person is the owner of any dwelling designed or intended for occupancy by,
or occupied by, five (5) or more families.
C. Religious Or Nonprofit Organizations: Nothing in this chapter shall prohibit a reli-
gious organization, association, or society or any nonprofit institution or organi-
zation operated, supervised, or controlled by or in conjunction with a religious
organization, association, or society, from limiting the sale, rental, or occupancy
of dwellings which it owns or operates for other than a commercial purpose to
persons of the same religion, or from giving preference to such persons, unless
membership in such religion is restricted on account of race, color, sex, familial
status, national origin, creed, age, disability, or sexual orientation. Nor shall any-
thing in this chapter prohibit a private club not in fact open to the public, which as
an incident to its primary purpose or purposes provides lodging which it owns or
operates for other occupancy of such lodging to its members or from giving pref-
erence to its members.
D. Applicability of Housing Regulations; Housing for Older Persons:
1. Nothing in this chapter limits the applicability of title 14, chapter 1 of this code
regarding the maximum number of occupants permitted to occupy a dwelling.
Nor does any provision in this chapter regarding familial status or age apply with
respect to housing for older persons.
2. As used in this section, "housing for older persons" means housing:
a. Provided under any state or federal program that the secretary determines is
specifically designed and operated to assist elderly persons, as defined in the
state or federal program.
b. Intended for, and solely occupied by, persons sixty-two (62) years of age or
older.
c. Intended and operated for occupancy by at least one person fifty-five (55) years
of age or older per unit. In determining whether housing qualifies as housing
for older persons under this subsection, the commission shall develop regula-
tions which require at least the following factors:
(1) That at least eighty percent (80%) of the units are occupied by at least one
person fifty-five (55) years of age or older per unit.
(2) The publication of and adherence to policies and procedures which demon-
strate an intent by the owner or manager to provide housing for persons fifty-
five (55) years of age or older.
3. Housing shall not fail to meet the requirements for housing for older persons
by reason of:
a. Persons residing in such housing as of the date of enactment of this chapter
who do not meet the age requirements of subsection D2b or D2c of this sec-
tion; provided, that new occupants of such housing meet the age requirements
of subsection D2b or D2c of this section.
b. Unoccupied units; provided, that such units are reserved for occupancy by
persons who meet the age requirements of subsection D2b or D2c of this sec-
tion.
4. Nothing in this chapter prohibits conduct against a person because such person
has been convicted by any court of competent jurisdiction of the illegal manu-
facture or distribution of a controlled substance as defined in the controlled sub-
stances act (21 USC 802) or a violation of the controlled substances chapter of
the Iowa Code 1.
8-5-4: DISCRIMINATION IN RESIDENTIAL REAL ESTATE RELATED TRANSAC-
TIONS:
A. In General: It shall be unlawful for any person or other entity whose business
includes engaging in residential real estate related transactions to discriminate
against any person in making available such a transaction, or in the terms or
conditions of such a transaction, because of race, color, religion, sex, familial
status, national origin, creed, age, disability, or sexual orientation.
B. Definition: As used in this section, the term "residential real estate related trans-
action" means any of the following:
1. The making or purchasing of loans or providing other financial assistance:
a. For purchasing, constructing, improving, repairing, or maintaining a dwelling.
b. Secured by residential real estate.
2. The selling, brokering, or appraising of residential real property.
C. Appraisal Exemption: Nothing in this chapter prohibits a person engaged in the
business of furnishing appraisals of real property to take into consideration fac-
tors other than race, color, religion, sex, familial status, national origin, creed,
age, disability, or sexual orientation.
8-5-5: DISCRIMINATION IN PROVISION OF BROKERAGE SERVICES: It shall be
unlawful to deny any person access to or membership or participation in any multiple
listing services, real estate brokers' organization, or other service, organization, or
facility relating to the business of selling or renting dwellings, or t o discriminate
against such person in the terms or conditions of such access, membership, or
participation, on account of race, color, religion, sex, familial status, national origin,
creed, age, disability, or sexual orientation.
8-5-6: ADMINISTRATIVE ENFORCEMENT; PRELIMINARY MATTERS:
A. Complaints and Answers:
1. An aggrieved person may, not later than three hundred (300) days after an al-
leged discriminatory housing practice has occurred or terminated, file a com-
plaint with the commission alleging such discriminatory housing practice. The
commission, on the commission's own initiative, a commissioner, or the city at-
torney's office may also file such a complaint.
2. Such complaints shall be in writing and shall contain such information and be in
such form as the commission requires.
3. The commission may also investigate housing practices to determine whether a
complaint should be brought under this section.
4. Upon the filing of such a complaint:
a. The commission shall serve notice upon the aggrieved person acknowledging
such filing and advising the aggrieved person of the time limits and choice of
forums provided under this chapter;
b. The commission shall, not later than ten (10) days after such filing or the iden-
tification of an additional respondent under subsection A7 of this section, serve
on the respondent a notice identifying the alleged discriminatory housing prac-
tice and advising such respondent of the procedural rights and obligations of
respondents under this chapter, together with a copy of the original complaint;
c. Each respondent may file, not later than ten (10) days after receipt of notice
from the commission, an answer to such complaint; and
d. The commission shall make an investigation of the alleged discriminatory
housing practice and complete such investigation within one hundred (100)
days after the filing of the complaint unless it is impracticable to do so.
5. If the commission is unable to complete the investigation within one hundred
(100) days after the filing of the complaint, the commission shall notify the com-
plainant and respondent in writing of the reasons for not doing so.
6. Complaints and answers shall be under oath or affirmation and may be reason-
ably and fairly amended at any time.
7. A person who is not named as a respondent in a complaint, but who is identified
as a respondent in the course of investigation, may be joined as an additional
or substitute respondent upon written notice. Such notice, in addition to meeting
the requirements of subsection A of this section, shall explain the basis for the
commission's belief that the person to whom the notice is addressed is properly
joined as a respondent.
B. Investigative Report and Conciliation:
1. Beginning with the filing of a complaint, the commission shall, to the extent feasi-
ble, engage in conciliation with respect to such complaint.
2. A conciliation agreement arising out of such conciliation shall be an agreement
between the respondent and the complainant and shall be subject to approval by
the commission.
3. A conciliation agreement may provide for binding arbitration of the dispute arising
from the complaint. Any such arbitration that results from a conciliation agree-
ment may award appropriate relief, including monetary relief.
4. Each conciliation agreement shall be made public unless the complainant and
respondent otherwise agree and the commission determines that disclosure is
not required to further the purposes of this chapter.
5.
a. At the end of each investigation under this section, the commission shall pre-
pare a final investigative report containing:
(1) The names and dates of contacts with witnesses.
(2) A summary and the dates of correspondence and other contacts with the
aggrieved person and the respondent.
(3) A summary description of other pertinent records.
(4) A summary of witness statements.
(5) Answers to interrogatories.
b. A final report under this subsection may be amended if additional evidence is
later discovered.
C. Failure to Comply with Conciliation Agreement: Whenever the commission has
probable cause to believe that a respondent has breached a conciliation agreement,
the commission shall refer the matter to the city attorney's office with a recommen-
dation that a civil action be filed for the enforcement of such agreement.
D. Prohibitions and Requirements with Respect to Disclosure of Information:
1. Nothing said or done in the course of conciliation under this chapter may be
made public or used as evidence in a subsequent proceeding under this chapter
without the written consent of the persons concerned.
2. Notwithstanding subsection D1 of this section, the commission shall make avail-
able to the aggrieved person and the respondent, at any time, upon request
following completion of the commission's investigation, information derived from
an investigation and any final investigative report relating to that investigation.
E. Prompt Judicial Action: If the commission concludes at any time following the
filing of a complaint that prompt judicial action is necessary to carry out the pur-
poses of this chapter, the commission may authorize a civil action for appropriate
temporary or preliminary relief pending final disposition of the complaint under
this section. Upon receipt of such authorization, the city attorney's office shall
promptly commence and maintain such an action. Any temporary restraining or-
der or other order granting preliminary or temporary relief shall be issued in ac-
cordance with the Iowa rules of civil procedure. The commencement of a civil
action under this subsection does not affect the initiation of continuation of ad-
ministrative proceedings under this chapter.
8-5-7: PROBABLE CAUSE DETERMINATION AND EFFECT:
A. Issuance of Determination: If the commission determines that probable cause
exists to believe that a discriminatory housing or real estate practice has occurred
or is about to occur, the commission shall immediately issue a determination un-
less the commission determines that the legality of a zoning or land use law or
ordinance is involved as provided in subsection D of this section.
B. Conditions of Determination: A cause determination must:
1. Consist of a short and plain statement of the facts on which the commission has
found probable cause to believe that a discriminatory housing or real estate
practice has occurred or is about to occur.
2. Be based on the final investigative report.
3. Need not be limited to the facts or grounds alleged in the complaint.
C. Distribution of Copies of Determination: Not later than twenty (20) days after the
commission issues a cause determination, the commission shall send a copy of
the determination with information as to how to make an election under section
8-5-9 of this chapter to all of the following persons:
1. Each respondent.
2. Each aggrieved person on whose behalf the complaint was filed.
D. Land Use Issues: If the commission determines that the matter involves the le-
gality of a state or local zoning or other land use ordinance, the commission shall
not issue a determination and shall immediately refer the matter to the city attor-
ney's office for appropriate action.
E. Dismissal of Complaint: If the commission determines that no probable cause
exists to believe that a discriminatory housing or real estate practice has occurred
or is about to occur, the commission shall promptly dismiss the complaint. The
commission shall make public disclosure of each dismissal under this chapter.
F. Trial or Civil Action: The commission shall not issue a determination under this
subsection regarding an alleged discriminatory housing or real estate practice
after the beginning of the trial of a civil action commenced by the aggrieved party
under federal or state law seeking relief with respect to the discriminatory housing
or real estate practice.
8-5-8: SUBPOENAS; GIVING OF EVIDENCE:
A. In General: The commission may issue subpoenas and order discovery in aid of
investigations and hearings under this chapter. Such subpoenas and discovery
may be ordered to the same extent and subject to the same limitations as would
apply for county attorney subpoenas.
B. Criminal Penalties:
1. Any person who willfully fails or neglects to attend and testify or to answer any
lawful inquiry or to produce records, documents, or other evidence, if it is in such
person's power to do so, in obedience to a subpoena or other lawful order under
subsection A of this section, shall be referred to the city attorney's office or the
county attorney's office for prosecution.
2. Any person who, with intent thereby to mislead another person in any proceed-
ing under this chapter, does the following shall be referred to the city attorney's
office or the county attorney's office for prosecution:
a. Makes or causes to be made any false entry or statement of fact in any report,
account, record, or other document produced pursuant to subpoena or other
lawful order under subsection A of this section;
b. Willfully neglects or fails to make or to cause to be made full, true, and correct
entries in such reports, accounts, records, or other documents;
c. Willfully mutilates, alters, or by any other means falsifies any documentary ev-
idence.
8-5-9: ENFORCEMENT BY COMMISSION:
A. Election of Judicial Determination: When a probable cause determination has
been issued, a complainant, a respondent, or an aggrieved person on whose
behalf the complaint was filed may elect to have the claims asserted in that com-
plaint decided in a civil action under section 8-5-12 of this chapter in lieu of a
hearing under subsection F of this section. The election must be made not later
than twenty (20) days after the receipt by the electing person of service under
section 8-5-7 of this chapter, or, in the case of the commission, not later than
twenty (20) days after such service. The person making such election shall give
notice of doing so to the commission and to all other complaints and respondents
to whom the complaint relates.
B. Administrative Law Judge Hearing in Absence of Election: If an election is not
made under subsection A of this section with respect to a complaint, the commis-
sion shall provide an opportunity for a hearing on the record with respect to the
complaint issued under section 8-5-6 of this chapter. The commission shall dele-
gate the conduct of a hearing under this section to an administrative law judge
appointed by the commission.
C. Rights of Parties: At a hearing under this section, each party may appear in per-
son, be represented by counsel, present evidence, cross examine witnesses, and
obtain the issuance of subpoenas under section 8-5-8 of this chapter. Any ag-
grieved person may intervene as a party in the proceeding. The Iowa rules of
evidence apply to the presentation of evidence in such hearing as they would in
a civil action in the Iowa district court.
D. Expedited Discovery and Hearing:
1. Discovery in administrative proceedings under this section shall be conducted
as expeditiously and inexpensively as possible, consistent with the need of all
parties to obtain relevant evidence.
2. A hearing under this section shall be conducted as expeditiously and inexpen-
sively as possible, consistent with the needs and rights of the parties to obtain
a fair hearing and a complete record.
E. Resolution of Charge: Any resolution of a charge before a final order under this
section shall require the consent of the aggrieved person on whose behalf the
charge is issued.
F. Hearings, Findings, Conclusions and Order:
1. The administrative law judge shall commence the hearing under this section no
later than one hundred twenty (120) days following the probable cause determi-
nation, unless it is impracticable to do so. If the administrative law judge is una-
ble to commence the hearing within one hundred twenty (120) days after the
determination, the administrative law judge shall notify the commission, the ag-
grieved person on whose behalf the charge was filed, and the respondent, in
writing, of the reasons for not doing so.
2. The administrative law judge shall make findings of fact and conclusions of law
within sixty (60) days after the end of the hearing under this section, unless it is
impracticable to do so. If the administrative law judge is unable to make findings
of fact and conclusions of law within such period, or any succeeding sixty (60)
day period thereafter, the administrative law judge shall notify the commission,
the aggrieved person on whose behalf the charge was filed and the respondent,
in writing, of the reasons for not doing so.
3. If the administrative law judge finds that a respondent has engaged or is about
to engage in a discriminatory housing practice, such administrative law judge
shall promptly issue an order for such relief as may be appropriate, which may
include actual damages suffered by the aggrieved person and injunctive or other
equitable relief. Such order may, to vindicate the public interest, assess a civil
penalty against the respondent in an amount not to exceed those established
by the federal fair housing act in section 42 USC 3612.
4. No such order shall affect any contract, sale, encumbrance, or lease consum-
mated before the issuance of such order and involving a bona fide purchaser,
encumbrancer, or tenant without actual notice of the charge filed under this
chapter.
5. In the case of an order with respect to a discriminatory housing practice that
occurred in the course of a business subject to licensing or regulation by a gov-
ernmental agency, the commission shall, not later than thirty (30) days after the
date of the issuance of such order or if such order is judicially reviewed, thirty
(30) days after such order is in substance affirmed upon such review:
a. Send copies of the findings of fact, conclusion of law, and the order to that
governmental agency.
b. Recommend to that governmental agency appropriate disciplinary action in-
cluding, where appropriate, the suspension or revocation of the license of the
respondent.
6. If the administrative law judge finds that the respondent has not engaged or is not
about to engage in a discriminatory housing practice, as the case may be, such
administrative law judge shall enter an order dismissing the charge. The commis-
sion shall make public disclosure of each such dismissal.
7. An administrative law judge may not continue administrative proceedings under
this section regarding any alleged discriminatory housing practice after the be-
ginning of the trial of a civil action commenced by the aggrieved party under a
federal or state law, seeking relief with respect to that discriminatory housing
practice.
8-5-10: REVIEW BY COMMISSION; SERVICE OF FINAL ORDER:
A. The commission may review any finding, conclusion, or order issued under sec-
tion 8-5-9 of this chapter. Such review shall be completed not later than sixty (60)
days after the finding, conclusion, or order is so issued; otherwise the finding,
conclusion, or order becomes final.
B. The commission shall cause the findings of fact and conclusions of law made
with respect to any final order for relief under this section, together with a copy of
such order, to be served on each aggrieved person and each respondent in the
proceeding.
8-5-11: JUDICIAL REVIEW:
A. Review Of Order: Any party aggrieved by a final order for relief under this section
granting or denying in whole or in part the relief sought may obtain review of such
order by filing a petition for review not later than thirty (30) days after the order is
issued in the Iowa district court pursuant to chapter 17A, code of Iowa.
B. Court Enforcement of Administrative Order Upon Petition By Commission:
1. The commission may petition the Iowa district court in which any respondent
resides or transacts business for the enforcement of the order of the adminis-
trative law judge and for appropriate temporary relief or restraining order by filing
in such court a written petition praying that such order be enforced and for ap-
propriate temporary relief or restraining order.
2. The commission shall file in court with the petition the record of the proceeding.
A copy of such petition shall be forthwith transmitted by the commission to the
parties to the proceeding before the administrative law judge.
C. Relief Which May Be Granted:
1. Upon the filing of a petition under section 8-5-6 of this chapter, the court may,
pursuant to section 216.17 of the code of Iowa:
a. Grant to the petitioner, or any other party, such temporary relief, restraining
order, or other order as the court deems just and proper.
b. Affirm, modify, or set aside, in whole or in part, the order, or remand the order
for further proceedings.
c. Enforce such order to the extent that such order is affirmed or modified.
2. Any party to the proceeding before the administrative law judge may intervene
on appeal to the court.
3. No objection not made before the administrative law judge shall be considered
by the court, unless the failure or neglect to urge such objection is excused
because of extraordinary circumstances.
D. Court Enforcement of Administrative Order Upon Petition of Any Person Enti-
tled to Relief: After a final order of the commission, any person entitled to relief under
the order may petition for a decree enforcing the order in the Iowa district court in
Dubuque County, Iowa.
E. Civil Action for Enforcement When Election Is Made for Such Civil Action:
1. If an election is made under subsection 8-5-7C of this chapter, the commission
shall authorize, not later than thirty (30) days after the election is made, the city
attorney's office to commence and maintain a civil action on behalf of the ag-
grieved person in the Iowa district court in and for Dubuque County seeking
relief under this subsection in accordance with section 216.16A of the code of
Iowa.
2. Any aggrieved person with respect to the issues to be determined in a civil action
under this subsection may intervene as of right in that civil action.
3. In a civil action under this subsection, if the court finds that a discriminatory
housing practice has occurred or is about to occur, the court may grant as relief
any relief which a court could grant with respect to such discriminatory housing
practice in a civil action under section 8-5-12 of this chapter. Any relief so
granted that would accrue to an aggrieved person in a civil action commenced
by that aggrieved person under section 8-5-12 of this chapter shall also accrue
to that aggrieved person in a civil action under this subsection. If monetary relief
is sought for the benefit of an aggrieved person who does not intervene in the
civil action, the court shall not award such relief if that aggrieved person has not
complied with discovery orders entered by the court.
F. Attorney Fees: In any administrative proceeding brought under this section or any
court proceeding arising therefrom or any civil action, the administrative law judge
or the court, as the case may be, in its discretion, may allow the prevailing party,
other than the commission, reasonable attorney fees and costs.
8-5-12: ENFORCEMENT BY PRIVATE PERSONS:
A. Civil Action:
1. An aggrieved person may commence a civil action in an appropriate United
States district court or state court not later than two (2) years after the occur-
rence or the termination of an alleged discriminatory housing practice, or the
breach of a conciliation agreement entered into under this chapter, whichever
occurs last, to obtain appropriate relief with respect to such discriminatory hous-
ing practice or breach.
2. The computation of such two (2) year period shall not include any time during
which an administrative proceeding under this chapter was pending with respect
to a complaint or charge under this chapter based upon such discriminatory
housing practice. This subsection does not apply to actions arising from a
breach of a conciliation agreement.
B. Conciliation Agreement Precludes Action: An aggrieved person may commence
a civil action under this subsection whether or not a complaint has been filed
under section 8-5-6 of this chapter and without regard to the status of any such
complaint, but if the commission or the Iowa civil rights commission has obtained
a conciliation agreement with the consent of an aggrieved person, no action may
be filed under this subsection by such aggrieved person with respect to the al-
leged discriminatory housing practice which forms the basis for such complaint
except for the purpose of enforcing the terms of such an agreement.
C. Administrative Hearing Precludes Civil Action: An aggrieved person may not
commence a civil action under this subsection with respect to an alleged discrim-
inatory housing practice if an administrative law judge has commenced a hearing
on the record under this chapter with respect to such charge.
D. Appointment of Attorney by Court: Upon application by a person alleging a dis-
criminatory housing practice or a person against whom such a practice is alleged,
the court may:
1. Appoint an attorney for such person.
2. Authorize the commencement or continuation of a civil action under subsection
A of this section without the payment of fees, costs, or security if in the opinion
of the court such person is financially unable to bear the costs of such action.
E. Relief Which May Be Granted:
1. In a civil action under subsection A of this section, if the court finds that a dis-
criminatory housing practice has occurred or is about to occur, the court may
award to the plaintiff actual and punitive damages and, subject to subsection F
of this section, may grant as relief, as the court deems appropriate, any perma-
nent or temporary injunction, temporary restraining order, or other order, includ-
ing an order enjoining the defendant from engaging in such practice or ordering
such affirmative action as may be appropriate.
2. In a civil action under subsection A of this section, the court, in its discretion,
may allow the prevailing party reasonable attorney fees and costs.
F. Effect on Certain Sales, Encumbrances and Rentals: Relief granted under this
section shall not affect any contract, sale, encumbrance, or lease consummated
before the granting of such relief and involving a bona fide purchaser, encum-
brancer, or tenant without actual notice of the filing of a comp laint or civil action
under this chapter.
G. Intervention by City Attorney's Office: Upon timely application, the city attorney's
office may intervene in such civil action, if the city attorney's office certifies that
the case is of general public importance. Upon such intervention, the city attor-
ney's office may obtain such relief as would be available to the city attorney's
office under section 8-5-13 of this chapter in a civil action to which such section
applies.
8-5-13: ENFORCEMENT BY CITY ATTORNEY'S OFFICE:
A. Probable Cause: On the request of the commission, the city attorney's office may
file a civil action in the district court for appropriate relief if the commission has
probable cause to believe that any of the following applies:
1. A person is engaged in a pattern or practice of resistance to the full enjoyment
of any housing right granted by this chapter.
2. A person has been denied any housing right granted by this chapter and that
denial raises an issue of general public importance.
B. Legal Action; Enforcement: The commission may request the city attorney's office
to take appropriate legal action of a discriminatory housing practice or to enforce
a conciliation agreement.
1. The city attorney's office may commence a civil action in any appropriate court
for appropriate relief with respect to a discriminatory housing practice referred
to the city attorney's office.
2. A civil action under this subsection may be commenced no later than the expi-
ration of the two (2) years after the date of the occurrence of the termination of
the alleged discriminatory housing practice as provided in section 216.16A of
the code of Iowa.
3. The city attorney's office may commence a civil action in any appropriate court
for appropriate relief with respect to breach of a conciliation agreement referred
to the city attorney's office by the commission.
4. A civil action may be commenced under this subsection no later than the expi-
ration of ninety (90) days after the referral of the alleged breach under subsec-
tion 8-5-6C of this chapter.
5. The city attorney's office, on behalf of the commission or other party at whose
request a subpoena is issued under this chapter, may enforce such subpoena
in appropriate proceedings in the district court for the district in which the person
to whom the subpoena was addressed resides, was served, or transacts busi-
ness.
6. Relief may be granted in civil actions under subsections A and B of this section
in accordance with section 216.17A of the code of Iowa. In a civil action under
subsection A or B of this section, the court:
a. May award such preventive relief, including a permanent or temporary injunc-
tion, restraining order, or other order against the person responsible for a
violation of this chapter as is necessary to assure the full enjoyment of the
rights granted by this chapter.
b. May award such other relief as the court deems appropriate, including mone-
tary damages to the person aggrieved.
c. May, to vindicate the public interest, assess a civil penalty against the respond-
ent:
(1) In an amount not exceeding fifty thousand dollars ($50,000.00) for a first
violation.
(2) In an amount not exceeding one hundred thousand dollars ($100,000.00) for
any subsequent violation.
C. Attorney Fees and Costs: In a civil action under this section, the court, in its
discretion, may allow the prevailing party reasonable attorney fees and costs.
D. Intervention in Civil Actions: Upon timely application, any person may intervene
in a civil action commenced by the city attorney's office under subsection A or B
of this section, which involves an alleged discriminatory housing practice with
respect to which such person is an aggrieved person or a conciliation agreement
to which such person is a party. The court may grant such appropriate relief to
any such intervening party as is authorized to be granted to a plaintiff in a civil
action under section 8-5-12 of this chapter.
8-5-14: COOPERATION WITH STATE AND FEDERAL AGENCIES: The commission
may cooperate with state and federal agencies charged with the administration of
state and federal fair housing laws and, with the consent of such agencies, utilize
the services of such agencies and their employees and, in furtherance of suc h co-
operative efforts, the commission may enter into written agreements with such state
or federal agencies.
8-5-15: INTERFERENCE, COERCION OR INTIMIDATION; ENFORCEMENT BY
CIVIL ACTION: It shall be unlawful to coerce, intimidate, threaten, or interfere with
any person in the exercise or enjoyment of, or on account of such person having
aided or encouraged any other person in the exercise or enjoyment of, any right
granted or protected by this chapter.
8-5-16: VIOLATIONS; BODILY INJURY; DEATH; PENALTIES: Whoever, whether or
not acting under color of law, by force or threat of force willfully injures, intimidates,
or interferes with, or attempts to injure, intimidate, or interfere with the following de-
scribed persons shall be referred to the county attorney's office for prosecution:
A. Any person because of such person's race, religion, sex, familial status, national
origin, creed, age, disability, or sexual orientation and because such person is or
has been selling, purchasing, renting, financing, occupying, or contracting or ne-
gotiating for the sale, purchase, rental, financing, or occupation of any dwelling,
or applying for or participating in any service, organization, or facility relating to
the business of selling or renting dwellings.
B. Any person because such person is or has been, or in order to intimidate such
person or any other person or any class of persons from:
1. Participating, without discrimination on account of race, color, religion, sex, fa-
milial status, national origin, creed, age, disability, or sexual orientation in the
activities, services, organizations, or facilities described in subsection A of this
section.
2. Affording another person or class of persons opportunity or protection so to par-
ticipate.
C. Any citizen because such person is or has been, or in order to discourage such
citizen or any other citizen from lawfully aiding or encouraging other persons to
participate, without discrimination on account of race, color, religion, sex, familial
status, national origin, creed, age, disability, or sexual orientation in any of the
activities, services, organizations, or facilities described in subsection A of this
section, or participating lawfully in speech or peaceful assembly opposing any
denial of the opportunity to so participate.
8-5-17: DISCLAIMER OF PREEMPTIVE EFFECT: Nothing in this chapter limits any
right, procedure, or remedy available under the federal or state constitution.
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 7th day of July 2025.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
EDITORS NOTE: Ordinance never published see July 14, 2025 meeting
3. Proceedings to Complete Action on the Issuance of $761,000 Sewer Revenue Cap-
ital Loan Notes (State Revolving Loan Fund Program) Green Alley Sponsorship Project :
Motion by Farber to receive and file the documents and adopt Resolution No. 241 -25
Authorizing and approving a Loan and Disbursement Agreement, providing for the issu-
ance and securing the payment of $761,000 Storm Water Revenue Bonds, Series 2025
and authorizing the related reduction of the interest rate on the Stormwater Management
Utility Revenue Capital Loan Note No. R-1, Series 2019, dated April 12, 2019. Seconded
by Resnick. Motion carried 7-0.
RESOLUTION NO. 241-25
AUTHORIZING AND APPROVING A LOAN AND DISBURSEMENT AGREEMENT,
PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $761,000
STORM WATER REVENUE BONDS, SERIES 2025 AND AUTHORIZING THE RE-
LATED REDUCTION OF THE INTEREST RATE ON THE STORMWATER MANAGE-
MENT UTILITY REVENUE CAPITAL LOAN NOTE NO. R-1, SERIES 2019, DATED
APRIL 12, 2019
Whereas, the City of Dubuque (the “City”), in Dubuque County, State of Iowa, did here-
tofore establish a Storm Water Management Utility System (the “Utility”) in and for the
City; and
Whereas, the management and control of the Utility are vested in the City Council (the
“Council”) and no board of trustees exists for this purpose; and
Whereas, pursuant to prior resolutions of the Council, the City has heretofore issued
Storm Water Revenue bonds or notes (the “Outstanding Bonds”) as set forth in prior pro-
ceedings of the Council, and a portion of such prior Storm Water Revenue debt remains
outstanding; and
Whereas, pursuant to the resolutions (the “Outstanding Bond Resolutions”) relating to
and authorizing the Outstanding Bonds, the City reserved the right to issue additional
obligations payable from the Net Revenues (as defined herein) of the Utility and ranking
on a parity with the Outstanding Bonds under the terms and conditions set forth in the
Outstanding Bond Resolutions; and
Whereas, the City will undertake the construction of a certain water resource restora-
tion project (the “Project”); and
Whereas, pursuant to Section 384.84 of the Code of Iowa, the City has the authority
to issue revenue bonds to pay for such qualifying water resource restoration projects; and
Whereas, the Iowa Finance Authority (the “Lender”) has agreed to provide financing
for the Project by decreasing the interest rate on the City’s outstanding Stormwater Man-
agement Utility Revenue Capital Loan Note No. R-1, Series 2019, dated April 12, 2019
(the “Series 2019 Note”) and providing a 0% interest loan to the City for the Project; and
Whereas, the City has heretofore proposed to contract indebtedness and enter into a
certain Storm Water Revenue Loan and Disbursement Agreement (the “Agreement”) and
to borrow money thereunder in a principal amount not to exceed $761,000, pursuant to
the provisions of Sections 384.24A and 384.84A of the Code of Iowa, for the purpose of
paying the cost, to that extent, of planning, designing and constructing the Project, and
has published notice of the proposed action and has held a hearing thereon on June 2 ,
2025; and
Whereas, it is necessary at this time for the City Council to approve the Agreement
with the Iowa Finance Authority, an agency and public instrumentality of the State of Iowa,
as lender (the “Lender”) and to issue Storm Water Revenue Bonds, Series 2025 (the
“Bonds”) in evidence thereof in the principal amount of $761,000 to pay the costs of the
Project, and in conjunction therewith to decrease the interest rate on the Series 2019
Note to 1.06% per annum.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
Section 1. It is hereby determined that the City shall enter into the Agreement with the
Lender. The Agreement shall be in substantially the form as has been placed on file with
the City and shall provide for a loan (the “Loan”) to the City in the amount of $761,000,
for the purpose as set forth in the preamble hereof.
The Mayor and City Clerk are hereby authorized and directed to sign the Agreement
on behalf of the City, and the Agreement is hereby approved.
Section 2. The Bonds are hereby authorized to be issued in evidence of the obligation
of the City under the Agreement, in the aggregate principal amount of $761,000, to be
dated the date of delivery to or upon the direction of the Lender. The Bonds shall not bear
interest.
The Bonds may be in the denomination of $1,000 each or any integral multiple thereof
and, at the request of the Lender, shall be initially issued as a single bond in the denom-
ination of $761,000 and numbered R-1.
The City Clerk is hereby designated as the Registrar and Paying Agent for the Bonds
and may be hereinafter referred to as the “Registrar” or the “Paying Agent.”
Payment of the principal of the Bonds and premium, if any, shall be payable at the
office of the Paying Agent to the registered owners thereof appearing on the registration
books of the City. All such payments, except full redemption, shall be made to the regis-
tered owners appearing on the registration books at the close of business on the fifteenth
day of the month next preceding the payment date. Final payment of principal shall only
be made upon surrender of the Bond or Bonds to the Paying Agent.
If applicable pursuant to the Agreement, in addition to the payment of principal of the
Bonds, the City also agrees to pay the Initiation Fee (defined in the Agreement) in ac-
cordance with the terms of the Agreement.
The Bonds shall be executed on behalf of the City with the official manual or facsimile
signature of the Mayor and attested with the official manual or facsimile signature of the
City Clerk, and shall be fully registered bonds without interest coupons. The issuance of
the Bonds and the amount of the Loan advanced thereunder shall be recorded in the
office of the City Treasurer, and the certificate on the back of each Bond shall be executed
with the official manual or facsimile signature of the City Treasurer. In case any officer
whose signature or the facsimile of whose signature appears on the Bonds shall cease
to be such officer before the delivery of such Bonds, such signature or such facsimile
signature shall nevertheless be valid and sufficient for all pur poses, the same as if such
officer had remained in office until delivery.
The Bonds shall be fully registered as to principal in the names of the owners on the
registration books of the City kept by the Registrar. Each Bond shall be transferable with-
out cost to the registered owner thereof only upon the registration books of the City upon
presentation to the Registrar, together with either a written instrument of transfer satis-
factory to the Registrar or the assignment form thereon completed and duly executed by
the registered owner or the duly authorized attorney for such registered owner.
The record and identity of the owners of the Bonds shall be kept confidential as pro-
vided by Section 22.7 of the Code of Iowa.
The Bonds are subject to optional redemption by the City at a price of par (i) on any
date with the prior written consent of the Lender, or (ii) in the event that all or substantially
all of the Project is damaged or destroyed. Any optional redemption of the Bonds by the
City may be made from any funds regardless of source, in whole or from time to time in
part, in inverse order of maturity upon not less than thirty (30) days’ notice of redemption
by facsimile, e-mail, certified or registered mail to the Lender (or any other registered
owner of the Bonds). The Bonds are also subject to mandatory redemption as set forth in
Section 5 of the Agreement.
All of the Bonds, together with the Outstanding Bonds and any additional obligations
as may be hereafter issued and outstanding from time to time ranking on a parity there-
with under the conditions set forth herein (which additional obligations are hereinaf ter
sometimes referred to as “Parity Obligations”), shall be payable solely from the Net Rev-
enues of the Utility and the Sinking Fund hereinafter referred to, both of which are hereby
pledged to the payment of the Bonds. The Bonds shall be a valid claim of the owners
thereof only against said Net Revenues and Sinking Fund. None of the Bonds shall be a
general obligation of the City, nor payable in any manner by taxation, and under no cir-
cumstances shall the City or the Utility be in any manner liable by reason of the failure of
the Net Revenues of the Utility to be sufficien t for the payment in whole or in part of the
Bonds.
Section 3. The Bonds shall be executed as herein provided as soon after the adoption
of this resolution as may be possible and thereupon they shall be delivered to the Regis-
trar for registration and delivery to the Lender, upon receipt of the loan proceeds (the
“Loan Proceeds”), and all action heretofore taken in connection with the Agreement is
hereby ratified and confirmed in all respects.
Section 4. The Bonds shall be in substantially the [Provided] form:
Section 5. The Loan Proceeds shall be held by the Lender and disbursed for costs of
the Project, as referred to in the preamble hereof. The City will keep a detailed, segre-
gated accounting of the expenditure of the Loan Proceeds.
Section 6. So long as any of the Bonds, the Outstanding Bonds or any Parity Obliga-
tions are outstanding, the City shall continue to maintain the Utility in good condition, and
the Utility shall continue to be operated in an efficient manner and at a reasonable cost
as a revenue producing undertaking. The City shall establish, impose, adjust and provide
for the collection of rates to be charged to customers of the Utility, including the City, to
produce gross revenues (hereinafter sometimes referred to as the “Gross Revenues”) at
least sufficient to pay the expenses of operation and maintenance of the Utility, which
shall include salaries, wages, cost of maintenance and operation, materials, supplies,
insurance and all other items normally included under recognized accounting practices
(but does not include allowances for depreciation in the valuation of physical property)
(which such expenses are hereinafter sometimes referred to as the “Operating Ex-
penses”) and to leave a balance of net revenues (herein refe rred to as the “Net Reve-
nues”) equal to at least 110% of the principal of and interest on all of the Bonds, the
Outstanding Bonds and any other Parity Obligations due in such fiscal year, as the same
become due.
Section 7. The provisions, covenants, undertakings and stipulations for the operation
of the Utility and for the collection, application and use of the Gross Revenues and income
from such operation, as set forth in the Outstanding Bond Resolutions shall inure and
appertain to the Bonds to the same extent and with like force and effect as if herein set
out in full, except only insofar as the same may be inconsistent with this resolution.
Nothing in this resolution shall be construed to impair the rights vested in the Outstand-
ing Bonds. The amounts herein required to be paid into the various funds hereafter named
shall be inclusive of said payments required with respect to the Outstanding Bonds. The
provisions of the Outstanding Bond Resolutions and the provisions of this resolution are
to be construed whenever possible so that the same will not be in conflict. In the event
such construction is not possible, the provisions of the resolution first adopted shall prevail
until such time as the obligations authorized by such resolution have been paid or other-
wise satisfied as therein provided, at which time the provisions of this resolution shall
again prevail.
The provisions of the Outstanding Bond Resolutions with respect to the issuance of
Parity Obligations are hereby recognized, and it is hereby found, determined and declared
that the Lender has consented in writing to the issuance of the Bonds on a parity w ith the
Outstanding Bonds and has waived any and all provisions of the Outstanding Bond Res-
olutions with respect to certain requirements and conditions that must be met prior to the
issuance of the Bonds.
Section 8. From and after the issuance of the Bonds, the Gross Revenues of the Utility
shall continue to be set aside into the City’s Storm Water Utility Revenue Fund (the “Rev-
enue Fund”) created under the Outstanding Bond Resolutions. The Revenue Fund shall
be used in maintaining and operating the Utility, and after payment of the Operating Ex-
penses shall, to the extent provided in this resolution and the Outstanding Bond Resolu-
tions, be used to pay the principal of and interest on the Bonds, the Outstanding Bonds
and any Parity Obligations, and to create and maintain the several separate funds here-
inafter described and in the following priority:
A. Operation and Maintenance Fund. The provisions in and by the Outstanding Bond
Resolutions, whereby there has been created and is to be maintained an account known
as the Storm Water Utility Revenue Operation and Maintenance Fund (the "Operation
and Maintenance Fund”), are all hereby ratified and confirmed. There shall be deposited
in the Operation and Maintenance Fund each month an amount sufficient to meet the
current expenses of the month plus an amount equal to 1/12 th of expenses payable on an
annual basis such as insurance. After the first day of the month, further deposits may be
made to this account from the Revenue Fund to the extent necessary to pay current ex-
penses accrued and payable to the extent that funds are not available in the Surplus
Fund.
B. Sinking Fund. The provisions in and by the Outstanding Bond Resolutions, whereby
there has been created and is to be maintained a Storm Water Utility Revenue Capital
Loan Note Principal and Interest Sinking Fund (herein referred to as the “Sinking Fund”),
and for the payment into said fund from the Net Revenues of the Utility such portion
thereof as will be sufficient to pay the interest on and principal of the Outstanding Bonds,
are all hereby ratified and confirmed, and all such provisions shall inure and constitute
the security for the payment of the principal of the Bonds hereby authorized as may be
outstanding from time to time; provided, however that on the tenth day of each month of
each year, the minimum amount to be set aside, in addition to the amounts required to
be set aside in the Outstanding Bond Resolutions, and paid into the Sinking Fund shall
be not less than as follows:
Commencing on August 1 2025, and continuing to and including May 1, 2026, an
amount equal to 1/10th of the installment of principal coming due on June, 1, 2025, and
thereafter, commencing on June 1, 2025, and continuing to final maturity, an amount
equal to 1/12th of the installment of principal coming due on such Bonds on the next
succeeding principal payment date until the full amount of such installment is on deposit
in the Sinking Fund.
Money in the Sinking Fund shall be used solely for the purpose of paying principal of
and interest on the Bonds, the Outstanding Bonds and any Parity Obligations as the same
shall become due and payable. Whenever Parity Obligations are issued under the condi-
tions and restrictions hereinafter set forth, provision shall be made for additional payments
to be made into the Sinking Fund for the purpose of paying the interest on and principal
of such Parity Obligations.
If at any time there should be a failure to pay into the Sinking Fund the full amount
above stipulated, then an amount equivalent to the deficiency shall be paid into the Sink-
ing Fund from the Net Revenues of the Utility as soon as available, and the same shall
be in addition to the amount otherwise required to be so set apart and paid into the Sinking
Fund.
No further payments need be made into the Sinking Fund when and so long as the
amount therein is sufficient to retire all of the Bonds, the Outstanding Bonds and any
Parity Obligations then outstanding which are payable from the Sinking Fund and to pay
all interest to become due thereon prior to such retirement, or if provision for such pay-
ment has been made.
C. Subordinate Obligations. Money in the Revenue Fund may next be used to pay
principal of and interest on (including reasonable reserves therefor) any other obligations
which by their terms shall be payable from the revenues of the Utility, but subordinate to
the Bonds, the Outstanding Bonds and Parity Obligations, and which have been issued
for the purposes of extensions and improvements to the Utility or to retire the Bonds, the
Outstanding Bonds or Parity Obligations in advance of maturity, or to pay for extraordinary
repairs or replacements to the Utility. From time to time there may be established and
maintained additional, subordinate sinking funds (the “Subordinate Debt Funds”), into
which shall be deposited, after first making all required deposits into the Operation and
Maintenance Fund and the Sinking Fund, sufficient sums to pay principal and interest
requirements on the Subordinate Obligations.
D. Surplus Revenue. The provisions in and by the Outstanding Bond Resolutions
whereby there has been created and there is to be maintained a separate and special
fund known as the Surplus Fund, into which there shall be set apart and paid all of the
Net Revenues remaining after first making the required payments into the Operation and
Maintenance Fund, the Sinking Fund, and the Subordinate Debt Funds, if any, are hereby
ratified and confirmed. All money thereafter remaining in the Revenue Fund at the close
of each month may be used to pay for extraordinary repairs or replacements to the Utility,
or may be used to pay or redeem the Bonds, the Outstanding Bonds or Parity Obligations,
any of them, or for any lawful purpose.
Money in the Revenue Fund shall be allotted and paid into the various funds and ac-
counts hereinbefore referred to in the order in which said funds are listed, on a cumulative
basis, on the tenth day of each month, or on the next succeeding business day whe n the
tenth shall not be a business day; and if in any month the money in the Revenue Fund
shall be insufficient to deposit or transfer the required amount in any of said funds or
accounts, the deficiency shall be made up in the following month or months a fter pay-
ments into all funds and accounts enjoying a prior claim to the revenues shall have been
met in full.
Section 9. All money held in any fund or account created or to be maintained under
the terms of this resolution shall be deposited in lawful depositories of the City or invested
in accordance with Chapters 12B and 12C of the Code of Iowa and continuously held and
secured as provided by the laws of the State of Iowa relating to the depositing, securing,
holding and investing of public funds. All interest received by the City as a result of in-
vestments under this section shall be considered to constitute Gro ss Revenues of the
Utility and shall be deposited in or transferred to the Revenue Fund and used solely and
only for the purposes specified herein for such funds.
Section 10. The City hereby covenants and agrees with the owner or owners of the
Bonds, the Outstanding Bonds and any Parity Obligations, or any of them, that from time
to time may be outstanding, that it will faithfully and punctually perform all duties with
reference to the Utility required and provided by the Constitution and laws of the State of
Iowa, that it will segregate the Gross Revenues of the Utility and make application thereof
in accordance with the provisions of this resolution and that it will not sell, lease or in any
manner dispose of the Utility or any part thereof, including any and all extensions and
additions that may be made thereto, until all of the Bonds, the Outstanding Bonds and
any Parity Obligations shall have been paid in full, b oth principal and interest, or unless
and until provision shall have been made for the payment of the Bonds, the Outstanding
Bonds and any Parity Obligations and interest thereon in full; provided, however, that the
City may dispose of any property which in the judgment of the Council, or such duly con-
stituted body as may then be charged with the operation of the Utility, is no longer useful
or profitable in the operation of the Utility nor essential to the continued operation thereof
and when the sale thereof will not operate to reduce the revenues to be derived from the
operation of the Utility.
Section 11. Upon a breach or default of a term of the Bonds, the Outstanding Bonds
or any Parity Obligations, the Outstanding Bond Resolutions and this resolution, a pro-
ceeding may be brought in law or in equity by suit, action or mandamus to enforce and
compel performance of the duties required under the terms of this resolution and Division
V of Chapter 384 of the Code of Iowa or an action may be brought to obtain the appoint-
ment of a receiver to take possession of and operate the Utility and to perform the duties
required by this resolution and Division V of Chapter 384 of the Code of Iowa.
Section 12. The provisions of the Outstanding Bond Resolutions with respect to the
issuance of Parity Obligations are hereby recognized, and have been waived by the
Lender. The Bonds, the Outstanding Bonds or any Parity Obligations shall not be entitled
to priority or preference one over the other in the application of the Net Revenues of the
Utility regardless of the time or times of the issuance of such Bonds, the Outstandi ng
Bonds or Parity Obligations, it being the intention of the City that there shall be no priority
among the Bonds, the Outstanding Bonds or any Parity Obligations, regardless of the fact
that they may have been actually issued and delivered at different times. The City hereby
reserves the right and privilege of issuing additional Parity Obligations.
Section 13. The City agrees that so long as the Bonds, the Outstanding Bonds or any
Parity Obligations remain outstanding, it will maintain insurance for the benefit of the own-
ers of the Bonds, the Outstanding Bonds and any Parity Obligations on the insurable
portions of the Utility of a kind and in an amount which usually would be carried by private
companies or municipalities engaged in a similar type of business. The proceeds of any
insurance, except public liability insurance, shall be used to repair or replace the part or
parts of the Utility damaged or destroyed. The City will keep proper books of record and
account, separate from all other records and accounts, showing the complete and correct
entries of all transactions relating to the Utility, and the owners of the Bonds, the Out-
standing Bonds or any Parity Obligations shall have the right at all reasonable times to
inspect the Utility and all records, accounts and data of the City relating thereto.
Section 14. The provisions of this resolution shall constitute a contract between the
City and the owners of the Bonds and any Parity Obligations as may from time to time be
outstanding, and after the issuance of the Bonds, no change, variation or alteration of any
kind of the provisions of this resolution shall be made which will adversely affect the own-
ers of the Bonds or any Parity Obligations until all of the Bonds, the Outstanding Bonds
and any Parity Obligations and the interest thereon shall have bee n paid in full, except as
hereinafter provided.
The owners of a majority in principal amount of the Bonds and any Parity Obligations
at any time outstanding (not including in any case any obligations which may then be held
or owned by or for the account of the City, but including such obligations as may be issued
for the purpose of refunding any of the Bonds, the Outstanding Bonds or Parity Obliga-
tions if such obligations shall not then be owned by the City) shall have the right from time
to time to consent to and approve the adoption by the City of a re solution or resolutions
modifying or amending any of the terms or provisions contained in this resolution; pro-
vided, however, that this resolution may not be so modified or amended in such manner
as to:
(a) Make any change in the maturity or redemption terms of the Bonds or Parity Obli-
gations.
(b) Make any change in the rate of interest borne by any of the Bonds or Parity Obli-
gations.
(c) Reduce the amount of the principal payable on any Bonds or Parity Obligations.
(d) Modify the terms of payment of principal of or interest on the Bonds or Parity Obli-
gations, or any of them, or impose any conditions with respect to such payment.
(e) Affect the rights of the owners of less than all of the Bonds or Parity Obligations
then outstanding.
(f) Reduce the percentage of the principal amount of the Bonds or Parity Obligations,
the consent of the owners of which shall be required to effect a further modification.
Whenever the City shall propose to amend or modify this resolution under the provi-
sions of this section, it shall cause notice of the proposed amendment to be (1) filed with
the Lender and (2) mailed by certified mail to each registered owner of any Bond or Parity
Obligation as shown by the records of the Registrar. Such notice shall set forth the nature
of the proposed amendment and shall state that a copy of the proposed amendatory res-
olution is on file in the office of the City Clerk.
Whenever at any time within one year from the date of the mailing of said notice, there
shall be filed with the City Clerk an instrument or instruments executed by the owners of
at least a majority in aggregate principal amount of the Bonds and any Parity Obligations
outstanding at the time of the adoption of such amendatory resolution specifically con-
senting to the adoption thereof as herein provided, no owner of any Bonds or Parity Ob-
ligations shall have any right or interest to object to the adoption of such amendatory
resolution or to object to any of the terms or provisions therein contained or to the opera-
tion thereof or to enjoin or restrain the City from taking any action pursuant to the provi-
sions thereof.
Any consent given by the owners of a Bond or Parity Obligation pursuant to the provi-
sions of this section shall be irrevocable for a period of six (6) months from the date of
such consent and shall be conclusive and binding upon all future owners of the same
Bond or Parity Obligation during such period. Such consent may be revoked at any time
after six (6) months from the date of such consent by the owner who gave such consent
or by a successor in title, but such revocation shall not be effective if the own ers of a
majority in aggregate principal amount of the Bonds and Parity Obligations outstanding
as in this section defined shall have, prior to the attempted revocation, consented to and
approved the amendatory resolution referred to in such revocation.
The fact and date of the execution of any instrument under the provisions of this section
may be proved by the certificate of any officer in any jurisdiction, who by the laws thereof
is authorized to take acknowledgments of deeds within such jurisdiction, that the persons
signing such instrument acknowledged before such officer the execution thereof, or may
be proved by an affidavit of a witness to such execution sworn to before such officer.
Section 15. In connection with the Agreement and the issuance of the Bonds, the
Lender has agreed to reduce the interest rate on the Series 2019 Bond to 1.06% per
annum, effective June 1, 2025 (or such other date as determined by the Lender), and the
resolution authorizing the issuance of the Series 2019 Bond and the Series 2019 Bond
are hereby amended to reflect such changes. The Mayor, City Clerk and/or City Treasurer
are each authorized and directed to execute and deliver any documents deemed
necessary in connection with the interest rate reduction, including without limitation an
amended Loan and Disbursement Agreement, amended Series 2019 Bond and any
amended Lender application.
Section 16. If any section, paragraph, clause or provision of this resolution shall be
held invalid, the invalidity of such section, paragraph, clause or provision shall not affect
any of the remaining provisions of this resolution.
Section 17. All resolutions and orders or parts thereof in conflict with the provisions of
this resolution are, to the extent of such conflict, hereby repealed.
Section 18. This resolution shall be in full force and effect immediately upon its adop-
tion and approval, as provided by law.
Passed, approved, and adopted this 7th day of July 2025.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
4. FY 2026 Arts & Culture Operating Support Grant Funding Recommendation: Motion
by Resnick to receive and file the documents and approve the Arts & Cultural Affairs
Advisory Commission’s funding recommendations for the FY2026 Arts & Culture Operat-
ing Support grant applicants. Seconded by Jones. City Council Members highlighted the
importance of citizen input on these applications by the commission and how the grants
exemplify the benefits of government partnership. Motion carried 7-0.
5. FY 2026 Arts & Culture Special Projects Grant Funding Recommendation: Motion
by Roussell to receive and file the documents and approve the Arts & Cultural Affairs
Advisory Commission’s funding recommendations for the FY2026 Arts & Culture Special
Projects grant applicants. Seconded by Sprank. Motion carried 7-0.
6. 2025 – 2026 AmeriCorps Funding Awarded: Motion by Sprank to receive and file
the documents on the funding for the City of Dubuque AmeriCorps program being ap-
proved for the third year of Dubuque’s competitive grant cycle (September 1, 2025 – Au-
gust 31, 2026). Seconded by Farber. Community Impact Director Antonio Mouzon dis-
cussed the consequences of losing AmeriCorps funding this program year, including the
cancellation of this summer's teen empowerment program. Mouzon highlighted the crea-
tion of the Serve Dubuque initiative, which aims to support a limited number of teenagers
over the summer. Mouzon noted that other cities have faced the same situation of their
AmeriCorps funding being cut for the current program year but reinstated for the upcom-
ing year. City Council Members expressed enthusiasm that funding will be reinstated.
Motion carried 7-0.
7. Funding Agreement between City of Dubuque and Dubuque Marina, Inc. - 2024
Boating Infrastructure Tier 1 Grant Dredge Dubuque Marina: Motion by Jones to receive
and file the documents and adopt Resolution No. 242 -25 Approving the Funding Agree-
ment Between the City of Dubuque and Dubuque Marina, Inc. for the 2024 Boating Infra-
structure Tier 1 Grant Agreement for Maintenance Dredging at Dubuque Marina. Se-
conded by Wethal. Assistant City Engineer Bob Schiesl stated that the City and the Ma-
rina work together to determine dredging locations, considering their target depths and
available funding. The City holds a dredging permit from the US Army Corps of Engineers,
which mandates that dredged materials be deposited at the 16th St. Bridge. Schiesl con-
firmed that dredging will occur in the same area as the previous year. City Council Mem-
bers highlighted the necessity of dredging so recreational boats can access the river.
Motion carried 7-0.
RESOLUTION NO. 242-25
APPROVING THE FUNDING AGREEMENT BETWEEN THE CITY OF DUBUQUE AND
DUBUQUE MARINA, INC. FOR THE 2024 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 batho-
metric survey contour maps, evaluate maintenance dredging needs, and prioritize mainte-
nance dredging locations based on current operational challenges for safe harbor access
for recreational and transient boat navigational access; and
Whereas, Dubuque Marina, Inc. requested and identified the location to be dredged
utilizing the 2024 BIG Tier 1 Grant funding; and
Whereas, on September 5, 2023, per Resolution 284 -23, the City Council authorized
staff to submit the 2024 BIG Tier 1 Grant application to the Iowa DNR for dredging Dubu-
que 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 9, 2023, the Iowa DNR Commission approved the 2024 BIG
Tier 1 Subrecipient Grant Agreement with the City of Dubuque; and
Whereas, Dubuque Marina, Inc. has provided a letter of support dated August 16,
2023, for the 2024 BIG Tier 1 Grant, and has agreed to provide $100,000 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 2024 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 pro-
vide the required local match funding for the 2024 BIG Tier 1 Grant to perform mainte-
nance dredging at Dubuque Marina.
Passed, adopted, and approved this 7th day of July 2025.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
8. 2025 Dubuque City Services Guide: Motion by Resnick to receive and file the doc-
uments. Seconded by Farber. Public Information Officer Rand y Gehl stated that the
guide, which has been available for over 15 years and is updated every few years, was
recently mailed to all postal addresses within the city limits. The Communications Office’s
budget covers printing and mailing the publication. City Counc il Members shared positive
feedback and expressed their enthusiasm that council contact information was incl uded.
Motion carried 7-0.
9. July Utility Bill Insert: Ways to Get Involved: Motion by Sprank to receive and file the
documents. Seconded by Wethal. City Council Members highlighted the variety of ways
people can get involved with the City. Motion carried 7-0.
10. Reschedule Greater Dubuque Development Corporation Work Session : Motion by
Roussell to receive and file the documents and schedule the work session for July 21,
2025, at 6:00 p.m. Seconded by Jones. Point of Order by Breitfelder that the recommen-
dation was to reschedule the work session from July 21 to August 18, 2025. Motion
amended by Roussel to schedule the work session for August 18, 2025. Seconded by
Jones. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Roussell reported on volunteering at the Presbyterian Hunger Outreach, touring St.
Mark Youth Enrichment’s new childcare center, attending the groundbreaking for the Hab-
itat for Humanity Pocket Neighborhood, and meeting with HACAP.
Jones reported on attending a Dubuque Racing Association (DRA) board meeting, a
Dubuque Metropolitan Area Solid Waste Agency (DMATS) work session, a North End
Neighborhood Association meeting, and the recent passing of former Iowa State Trooper
Dick Bakey.
Farber reported on representing Dubuque in Washington, D.C., on conversations on
Artificial Intelligence (AI), participating in an IBM podcast, attending a Sister City Commit-
tee meeting, and the upcoming open house for the City’s new data center.
Sprank also reported on attending the DRA board meeting, the Mathias Ham House
4th of July event, and attending various neighborhood get-togethers.
Resnick reported on attending the Grand Opera House’s production of “Footloose” and
the Tri-State Wind Symphony’s performance.
Cavanagh also reported on the Mathias Ham House event, along with the air service
virtual town hall, the US Conference of Mayors meeting, and the successful 3rd of July
fireworks and airshow.
CLOSED SESSION
Motion by Jones to convene in closed session at 7:55 p.m. to discuss Pending Litiga-
tion and Purchase or Sale of Real Estate – Chapter 21.5(1)(c),(j) Code of Iowa. Seconded
by Roussell. Mayor Cavanagh stated for the record that the attorney who will consult with
City Council on the issues to be discussed in the closed session is Assistant City Attorney
Lehman. Motion carried 7-0.
The City Council reconvened in open session at 9:31 p.m. stating that staff had been
given proper direction.
ADJOURNMENT
There being no further business, Mayor Cavanagh declared the meeting adjourned at
9:31 p.m.
/s/Adrienne N. Breitfelder, CMC, City Clerk