4 1 24 City Council Proceedings Official Regular1
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on April 1, 2024, in the
second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell,
Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell.
Mayor Cavanagh read the call and stated this is a regular session of the City Council
called for the purpose of conducting such business that may properly come before the
City Council.
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
1. Sexual Assault Awareness Month (April 2024) was accepted by Mayor Cavanagh
on behalf of the Riverview Center.
2. Community Development Week (April 1-5, 2024) was accepted by Community De-
velopment Specialist Mary Bridget Corken Deutsch on behalf of the Housing & Commu-
nity Development Department.
3. Junior Achievement Day (April 4, 2024) was accepted by Scott Ellerbach on behalf
of Junior Achievement of the Heartland.
4. Saint 4 Life Foundation - Fighting Saints Alumni Celebration (April 5 - 6, 2024) was
accepted by Council Member Farber and Brooks Bertsch on behalf of the Saint 4 Life
Foundation.
5. Dubuque YP Days of Caring (April 26, 2024) was accepted by Water Department
Director Christopher Lester on behalf of the Dubuque YP Days of Caring Board.
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Farber. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council Proceedings of March 18, 2024; Civil
Service Commission of March 7, 2024; Equity and Human Rights Commission of Febru-
ary 13, 2024; Historic Preservation Commission of February 15, 2024; Housing Commis-
sion of April 25, 2023; Library Board of Trustees of March 23, 2023, April 27, 2023, May
25, 2023, June 22, 2023, July 27, 2023, August 23, 2023, August 24, 2023, September
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28, 2023, October 19, 2023, October 26, 2023, and November 16, 2023; Park and Rec-
reation Commission of February 13, 2024; Zoning Advisory Commission Draft Minutes of
March 6, 2024 and March 13, 2024; Proof of Publication for City Council Proceedings of
March 4, 2024 and March 7, 2024. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Deann Bergfeld for vehicle damage. Upon motion the
documents were received, filed, and referred to the City Attorney.
3. Disposition of Claims: City Attorney advised that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As-
surance Pool: Deann Bergfeld for vehicle damage; Azariah Martin for vehicle damage;
Kirtland Thayer for vehicle damage. Upon motion the documents were received, filed,
and concurred.
4. Approval of City Expenditures: Upon motion the documents were received and filed,
and Resolution No. 67-24 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. 67-24
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
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and disbursements to the City Council, and to publish a summary thereof.
Passed, approved, and adopted this 1st day of April 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
5. Arts & Cultural Affairs Advisory Commission Special Projects Grant Modification:
Upon motion the documents were received, filed, and approved.
6. Resolution Approving the Acquisition of Real Estate Owned by Ace Construction -
Dubuque, L.L.C. by Eminent Domain and Establishing the Fair Market Value of the Real
Estate: Upon motion the documents were received and filed, and Resolution No. 68 -24
Approving the acquisition of real estate owned by Ace Construction -Dubuque, L.L.C. by
eminent domain and establishing the fair market value of the real estate was adopted.
RESOLUTION NO. 68-24
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY ACE CONSTRUC-
TION-DUBUQUE, L.L.C. BY EMINENT DOMAIN AND ESTABLISHING THE FAIR
MARKET VALUE OF THE REAL ESTATE
Whereas, Ace Construction-Dubuque, L.L.C. (Ace), is the owner of the real estate le-
gally described as follows:
All that part of Lots 193, 194, 195 and 196 lying North and West of Railroad, subject
to Railroad Right of Way, and all in “Map of Eagle Point or Ham’s Addition to the
City of Dubuque 1854” (commonly known as Ham’s Addition) in the City of Dubuque,
Iowa, according to the recorded plat thereof (the Property); and
Whereas, the Property is adjacent to property on which is located one of the City’s five
water wells which supply potable water to the entire City of Dubuque; and
Whereas, the City must use the property to access the City’s sanitary sewer system
for maintenance to prevent sanitary sewer backups; and
Whereas, the use of the Property as a construction storage site makes access to the
well for testing and repairs very inconvenient, and in the event of the need to replace the
well, virtually impossible; and
Whereas, the use of the Property as a construction storage site makes access to the
City’s sanitary sewer system for maintenance and prevention work very inconvenient; and
Whereas, it is essential for the City to have full access to the well for maintenance
and/or replacement; and
Whereas, it is essential for the City to have full access to the sanitary sewer for mainte-
nance; and
Whereas, the City Council finds that it is critical for the City to acquire the Property for
such public purpose; and
Whereas, Iowa law requires that the City must make a good faith effort to negotiate
with Owner to purchase the Property before proceeding with condemnation; and
Whereas, City may not make an offer to purchase the Property which is less than the
fair market value the City Council has established for the Property; and
Whereas, City has caused an appraisal of the Property to be made and the appraised
value of the Property is Nineteen Thousand Dollars ($19,000.00); and
Whereas, the City Council now desires to establish a fair market value of the Property
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and to authorize acquisition of the Property by eminent domain is necessary.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The fair market value of the Property is hereby established to be Nineteen
Thousand Dollars ($19,000.00).
Section 2. The City Council hereby authorizes the acquisition of the Property by emi-
nent domain if necessary.
Section 3. The City Attorney is hereby authorized to take such action as is necessary
to acquire the Property as provided by law including acquisition of the Property by eminent
domain.
Passed, approved and adopted this 1st day of April 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
7. Greater Dubuque Development Corporation’s Distinctively Dubuque Brochure:
Upon motion the documents were received and filed.
8. Acceptance of a Grant of Public Utility Easement and Dedications of Right of Way
across Dubuque Community School District Property as part of the Althauser Street Wa-
termain and Sanitary Sewer Reconstruction Project: Upon motion the documents were
received and filed, and Resolution No. 69-24 Accepting a Grant of Public Utility Easement
and Dedications of Right of Way along Althauser Street and Eagle Street as part of the
Althauser Street Watermain and Sanitary Sewer Reconstruction Project, in the City of
Dubuque, Iowa was adopted.
RESOLUTION NO. 69-24
ACCEPTING A GRANT OF PUBLIC UTILITY EASEMENT AND DEDICATIONS OF
RIGHT OF WAY ALONG ALTHAUSER STREET AND EAGLE STREET AS PART OF
THE ALTHAUSER STREET WATERMAIN AND SANITARY SEWER RECONSTRUC-
TION PROJECT, IN THE CITY OF DUBUQUE, IOWA
Whereas, as part of the Althauser Street Watermain and Sanitary Sewer Reconstruc-
tion Project, certain rights of way and easement acquisitions are necessary for the future
ownership and maintenance of the existing and proposed public utilities along Althauser
Street and Eagle Street; and
Whereas, certain areas of existing public sidewalk and associated curb ramps in the
project area are located within property owned by Dubuque Community School District
along Althauser Street and Eagle Street and by City standards should be located within
a public street right of way; and
Whereas, the City of Dubuque (City) and the Dubuque Community School District
(DCSD) have agreed that the right of way and easement acquisitions are necessary for
the construction project, long-term maintenance of the public utilities, and to ensure that
the public sidewalks are located within public street rights of way; and
Whereas, per Resolution 2-24, the City approved a Purchase Agreement, with DCSD
for the right of way and easement acquisitions associated with the project; and
Whereas, DCSD has executed a Grant of Public Utility Easement through, under and
across Part of Lot 6 of Althauser’s Subdivision of Lot 2 of Lot 1 and Part of Lot 1 of Lot 1
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of Mineral Lot Number 474, Located in the Northeast Quarter of the Southeast Quarter of
Section 13, Township 89 North, Range 2 East of the 5ht Principal Meridian, City of Dubu-
que, Dubuque County, Iowa; and
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa,
Acquisition Plats dated February 15, 2024 prepared by MSA describing Parcel 1 -F Being
a Part of Lot 1 of Althauser’s Subdivision and Part of the Alley Vacated in Book A2, Page
552 and Part of Lot 2 of the Subdivision of Mineral Lot Number 472 and Part of Lot 33 of
Taylor and Cooley’s Subdivision of a Part of Mineral Lot No. 472, in the City of Dubuque,
Iowa and describing Parcel 2-F Being a Part of Lots 1-9 of Althauser’s Subdivision, in the
City of Dubuque, Iowa; and
Whereas, said plats conform to the laws and statutes pertaining thereto; and
Whereas, upon said plats appear Parcels 1-F and 2-F, which DCSD by said plat has
dedicated to the public forever.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts
and consents to the Grant of Public Utility Easement through, under and across Part of
Lot 6 of Althauser’s Subdivision of Lot 2 of Lot 1 and Part of Lot 1 of Lot 1 of Mineral Lot
Number 474, Located in the Northeast Quarter of the Southeast Quarter of Section 13,
Township 89 North, Range 2 East of the 5th Principal Meridian, City of Dubuque, Dubu-
que County, Iowa from DCSD, a copy of which is attached hereto.
Section 2. That the plats dated February 15, 2024, prepared by MSA and describing
Parcels 1-F and 2-F, relative to the real estate hereinabove described be and the same
are hereby approved, and the Mayor and City Clerk be and they are hereby authorized
and directed to execute said plats and on behalf of t he City of Dubuque, Iowa.
Section 3. That the dedications of said Parcels 1-F and 2-F, of Right of Way for street
and utility purposes, as appears on said Acquisition Plats, be and the same are hereby
accepted.
Section 4. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Section 5. That the City Clerk be and is hereby authorized and directed to file said
easement and plats and certified copy of this resolution in the office of the Recorder, in
and for Dubuque County, Iowa.
Passed, approved and adopted this 1st of April 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
9. 2023 Maintenance Dredging Project: Acceptance of Public Improvement Construc-
tion Contract - Project Number: 5546000001-304-67990 Harbor Area Dredging: Upon
motion the documents were received and filed, and Resolution No. 70 -24 Accepting the
2023 Maintenance Dredging Project and Authorizing Final Payment to the Contractor was
adopted.
RESOLUTION NO. 70-24
ACCEPTING THE 2023 MAINTENANCE DREDGING PROJECT AND AUTHORIZING
FINAL PAYMENT TO THE CONTRACTOR
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Whereas, the public improvement contract for the 2023 Maintenance Dredging Project,
(the Project) has been completed by the Contractor, Newt Marine Service of Dubuque
Iowa (Contractor), the City Engineer has examined the work and recommends that the
Project be accepted; and
Whereas, the final contract amount for the Project is $546,823.00; and
Whereas, the Contractor has previously been paid $519,581.85, leaving a credit refund
balance of $27,341.15; and
Whereas, the City Council finds that the recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved, and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay the Contractor for the balance
of the retainage of $27,341.15 as provided in Iowa Code chapter 573, and to pay such
retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code
chapter 26.13.
Passed, approved and adopted this 1st day of April 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
10. Acceptance of Quit Claim Deed from Iowa Department of Transportation Lot A, Lot
4, and Lot 5 of Weber Acres 2nd Addition : Upon motion the documents were received
and filed, and Resolution No. 71-24 Accepting Quit Claim Deed from State of Iowa, Iowa
Department of Transportation for Lot A, Lot 4, and Lot 5 of Weber Acres 2nd Addition,
Dubuque County, Iowa was adopted.
RESOLUTION NO. 71-24
ACCEPTING QUIT CLAIM DEED FROM STATE OF IOWA, IOWA DEPARTMENT OF
TRANSPORTATION FOR LOT A, LOT 4, AND LOT 5 OF WEBER ACRES 2ND ADDI-
TION, DUBUQUE COUNTY, IOWA
Whereas, the State of Iowa, Iowa Department of Transportation are the owners of the
property legally described as:
Lot A of Weber Acres 2nd Addition, Dubuque County, Iowa, according to the rec-
orded plat thereof; and
Lot 4 of Weber Acres 2nd Addition, Dubuque County, Iowa, according to the rec-
orded plat thereof; and
Lot 5 of Weber Acres 2nd Addition, Dubuque County, Iowa, according to the rec-
orded plat thereof; and
Whereas, Lot A of Weber Acres 2nd Addition was platted as public road right -of-way
for the Westside Drive frontage road as shown on the final subdivision plat of Weber
Acres 2nd Addition filed as instrument number 2023-00011060 in the Office of the Dubu-
que County Recorder; and
Whereas, Lot 4 of Weber Acres 2nd Addition was identified as an excess remnant
property and will retain a 60-foot ingress / egress easement for the private drive Westside
Court as shown on the final subdivision plat of Weber Acres 2nd Addition filed as
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instrument number 2023-00011060 in the Office of the Dubuque County Recorder; and
Whereas, Lot 5 of Weber Acres 2nd Addition was identified as an excess remnant
property as shown on the final subdivision plat of Weber Acres 2nd Addition filed as in-
strument number 2023-00011060 in the Office of the Dubuque County Recorder; and
Whereas, the State of Iowa, Iowa Department of Transportation has executed the at-
tached Quit Claim Deed conveying their interest in Lot A, Lot 4, and Lot 5 of Weber Acres
2nd Addition, Dubuque County, Iowa as filed as instrument number 2024 -00001594 in
the Office of the Dubuque County Recorder.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts,
and consents to the Quit Claim Deed from State of Iowa, Iowa Department of Transpor-
tation, copies of which are attached hereto, as required by Iowa Code Section 569.7.
Section 2. The City Clerk is hereby authorized to and directed to record this resolution
with the Dubuque County Recorder.
Passed, approved, and adopted this 1st day of April 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
11. Acceptance of Quit Claim Deed from Iowa Department of Transportation Lot B
ISAAC Hanna 2nd Addition: Upon motion the documents were received and filed, and
Resolution No. 72-24 Accepting Quit Claim Deed from State of Iowa, Iowa Department of
Transportation for Lot B Isaac Hanna 2nd Addition, Dubuque County, Iowa was adopted.
RESOLUTION NO. 72-24
ACCEPTING QUIT CLAIM DEED FROM STATE OF IOWA, IOWA DEPARTMENT OF
TRANSPORTATION FOR LOT B ISAAC HANNA 2ND ADDITION, DUBUQUE
COUNTY, IOWA
Whereas, the State of Iowa, Iowa Department of Transportation are the owners of the
property legally described as:
Lot B ISAAC Hanna 2nd Addition, Dubuque County, Iowa, according to the recorded
plat thereof; and
Whereas, Lot B ISAAC Hanna 2nd Addition was platted as public road right-of-way for
the segment of Old Highway Road, north of the US Highway 20 - Old Highway Road
intersection as shown on the final subdivision plat of ISAAC Hanna 2nd Addition filed as
instrument number 2023-00011059 in the Office of the Dubuque County Recorder; and
Whereas, the State of Iowa, Iowa Department of Transportation has executed the at-
tached Quit Claim Deed conveying their interest in Lot B ISAAC Hanna 2nd Addition,
Dubuque County, Iowa as filed as instrument number 2024-00001593 in the Office of the
Dubuque County Recorder.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts,
and consents to the Quit Claim Deed from State of Iowa, Iowa Department of Transpor-
tation, copies of which are attached hereto, as required by Iowa Code Section 569.7.
Section 2. The City Clerk is hereby authorized to and directed to record this resolution
8
with the Dubuque County Recorder.
Passed, approved, and adopted this 1st day of April 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
12. Request to post Request for Proposal to update the Unified Development Code :
Upon motion the documents were received, filed, and approved.
13. Suspension of Iowa Talent Bank Pilot Program for City Boards and Commissions :
Correspondence from Kimberly Baxter, Human Rights Advocacy Chief for the Iowa De-
partment of Health and Human Services, regarding the suspension of the Iowa Talent
Bank Pilot Program for City Boards and Commissions. Upon motion the documents were
received and filed.
14. Signed Contract(s): J&R Supply, Inc. for the Ring & Lids - Metal Supply Project;
Origin Design Co. for the Kerper Boulevard Lift Station Replacement; UPS Technologies
for Odor Abatement Analysis. Upon motion the documents were received and filed.
15. 3000 Jackson Dubuque Brewing and Malting Project Update: Upon motion the
documents were received and filed.
ITEMS SET FOR PUBLIC HEARING
Motion by Roussell to receive and file the documents, adopt the resolutions, and set
the public hearings as indicated. Seconded by Wethal. Motion carried 7 -0.
Dubuque Racing Association Lease: Dubuque Racing Association Phase 2 Financing,
Amended Leasehold Mortgage: Upon motion the documents were received and filed and
Resolution No. 73-24 Intent to dispose of an interest in real property through an amend-
ment to the existing lease agreement with the Dubuque Racing Association, LTD. and
approving an amendment to the leasehold mortgage between the Dubuque Racing As-
sociation, LTD and MidWestOne Bank was adopted setting a public hearing for a meeting
to commence at 6:30 p.m. on April 9, 2024 in the Historic Federal Building.
RESOLUTION NO. 73-24
INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY THROUGH AN
AMENDMENT TO THE EXISTING LEASE AGREEMENT WITH THE DUBUQUE RAC-
ING ASSOCIATION, LTD. AND APPROVING AN AMENDMENT TO THE LEASEHOLD
MORTGAGE BETWEEN THE DUBUQUE RACING ASSOCIATION, LTD AND MID-
WESTONE BANK
Whereas, the City of Dubuque, Iowa (City) is the owner of the real property legally
described as
Lot 1 of Chaplain Schmitt Island in the City of Dubuque, Iowa, according to the Plat
recorded as Instrument #2023-7679, records of Dubuque County, Iowa (the Prop-
erty); and
Whereas, the Property is subject to a Lease Agreement between City and the Dubuque
9
Racing Association (DRA); and
Whereas, the parties now desire to amend provision 12 of the Lease Agreement; and
Whereas, the DRA is in progress with an $83 million construction project which re-
quires financing with a lending institution; and
Whereas, the City has previously consented to the overall construction project and
Phase 1 financing of the improvements through a Leasehold Mortgage between the DRA
and MidWestOne Bank; and
Whereas, the DRA seeks City consent to an amendment to its Leasehold Mortgage
with MidWestOne Bank for Phase 2 of its financing of the improvements; and
Whereas, the City Council believes it is in the best interests of the City to approve the
Amendment to its Lease Agreement with the DRA and
Whereas, THE City Council believes it is in the best interests of the City to consent to
amended Leasehold Mortgage between the DRA and MidWestOne Bank for Phase 2 of
the DRA’s financing of the improvements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council intends to dispose of City’s interest in the foregoing -de-
scribed real property pursuant to:
• An Amendment to its Lease Agreement with the DRA, and
• Consent to an amendment to the Leasehold Mortgage between the DRA and Mid-
WestOne Bank for the financing of Phase 2 of the improvements by the DRA.
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution
and a Notice to be published as prescribed by Iowa Code §364.7 of a public hearing on
City's intent to dispose of the foregoing-described real property, to be held on the 9th day
of April 2024, at 6:30 o'clock p.m. in the City Council Chambers at the Historic Federal
Building, 350 W. 6th Street, Dubuque, Iowa
Passed, approved and adopted this 1st day of April, 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
2. 2024 Maintenance Dredging Project No. 1: Initiate Public Improvement Bidding Pro-
cess: Upon motion the documents were received and filed and Resolution No. 74-24 2024
Maintenance Dredging Project No. 1: Preliminary approval of plans, specifications, form
of contract, and estimated cost; setting date of public hearing on plans, specificatio ns,
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 April 15 , 2024 in the
Historic Federal Building.
RESOLUTION NO. 74-24
2024 MAINTENANCE DREDGING PROJECT NO. 1, PRELIMINARY APPROVAL OF
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SET-
TING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR
BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. The proposed plans, specifications, form of contract and estimated cost for
the 2023 Maintenance Dredging Project in the estimated amount $317,500.00, 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 15th day of April, 2024, at 6:30 p.m. in
the Historic Federal Building Council Chambers (and/or by virtual means) 350 W. 6th
Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or
against the proposed plans and specifications, form of contract and estimated cost of said
Project, and the City Clerk be and is hereby directed to cause the attached notice of the
time and place of such hearing to be published in a newspaper having ge neral 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 con-
tract, or estimated cost of the Project.
Section 3. The 2024 Maintenance Dredging Project No. 1 is hereby ordered to be ad-
vertised 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 25th day of April 2024. 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 6th day of May 2024, in the Historic Federal
Building Council Chambers (and/or by virtual means) 350 West 6th Street , Dubuque,
Iowa.
Passed, approved and adopted this 1st day of April 2024.
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. Civil Service Commission: Mayor Cavanagh selected applicant Carla Heathcote,
2529 Stafford St., for appointment to the 4-Year term through April 6, 2028 (Expiring term
of Heathcote). Vote on appointment will occur at the May 6, 2024, City Council Meeting.
This commission is subject to the State of Iowa Gender Balance Law, §69.16A. 3 Com-
missioners total; currently 2 males /0 females.
PUBLIC HEARINGS
1. Hold Public Hearing and approve the Revised Administrative Plan for the Housing
Choice Voucher Program: Motion by Jones to receive and file the documents and adopt
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Resolution No. 75-24 Approving the revision of the Public Housing Authority (PHA) Ad-
ministrative Plan for the Housing Choice Voucher Program. Seconded by Sprank. Motion
carried 7-0.
RESOLUTION NO. 75-24
APPROVING THE REVISION OF THE PUBLIC HOUSING AUTHORITY (PHA) ADMIN-
ISTRATIVE PLAN FOR THE HOUSING CHOICE VOUCHER PROGRAM
Whereas, the City of Dubuque is designated as a Public Housing Authority; and
Whereas, the City of Dubuque maintains a comprehensive Public Housing Authority
Administrative Plan; and
Whereas, the City of Dubuque desires to revise said Public Housing Authority Admin-
istrative Plan; and
Whereas, the Housing Commission held several public meetings to review each Chap-
ter revisions of the plan from January 2024 through April 2024; and
Whereas, on January 23, 2024, the Housing Commission approved and recommended
City Council adoption of the revised Administrative Plan; and
Whereas, the Resident Advisory Board convened on February 28, 2024 , to review
changes and accept the revised Administrative Plan; and
Whereas, the Housing & Community Development Department will submit the revised
Administrative Plan to the U.S. Department of Housing & Urban Development for final
approval, after City Council approval.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Public Housing Authority (PHA) has revised the Administrative Plan for
the Housing Choice Voucher Program, and the City Council has approved all revisions to
the Public Housing Authority Administrative Plan for the Housing Choice Voucher Pro-
gram.
Section 2. The City Council has approved the revision to the Public Housing Authority
Administrative Plan for the Housing Choice Voucher Program.
Section 3. The Housing & Community Development Director is hereby directed to sub-
mit the revised Public Housing Authority Administrative plan to the U.S. Department of
Housing and Urban Development as required.
Passed, approved and adopted this 1st day of April 2024.
Brad M Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
2. Submission of Annual Public Housing Agency (PHA) Plan – Federal Fiscal Year
2024 (PHA Fiscal Year 2025) Annual Plan: Motion by Roussell to receive and file the
documents and adopt Resolution No. 76-24 Authorizing the Mayor to execute the Certifi-
cation by State or Local Office of Public Housing Agency (PHA) Plan’s consistency with
the Consolidated Plan and approval of the PHA 2024 Annual Plan. Seconded by Wethal.
Motion carried 7-0.
RESOLUTION NO. 76-24
AUTHORIZING THE MAYOR TO EXECUTE THE CERTIFICATION BY STATE OR LO-
CAL OFFICE OF PUBLIC HOUSING AGENCY (PHA) PLAN’S CONSISTENCY WITH
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THE CONSOLIDATED PLAN AND APPROVAL OF THE PHA 2024 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 Housing commission held a public meeting to review the Annual Plan on
January 23, 2024; and
Whereas, the Resident Advisory Board held a public meeting to review the Annual Plan
on February 28, 2024; and
Whereas, the City Council held a public hearing to receive comment on the proposed
Public Housing Authority Fiscal Year 2024 Annual Plan on April 1, 2024.
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 2024 Annual Plan’s Consistency with the Consolidated Plan; and
Section 2: That the Director of Housing and Community Development is hereby au-
thorized 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 1st day of April 2024.
Brad M Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
4. Resolution Approving a Development Agreement by and between City of Dubuque
and CBDC, LLC: Motion by Jones to receive and file the documents and adopt Resolution
No. 77-24 Approving a Development Agreement by and between the City of Dubuque,
Iowa and CBDC, LLC, including the issuance of Urban Tax Increment Revenue Obliga-
tions. Seconded by Farber. City Council Members expressed enthusiasm for the agree-
ment. Motion carried 7-0.
RESOLUTION NO. 77-24
APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF
DUBUQUE, IOWA AND CBDC, LLC, INCLUDING THE ISSUANCE OF URBAN TAX
INCREMENT REVENUE OBLIGATIONS
Whereas, CBDC, LLC owns or will own the property legally described as follows:
Lot 625, Lot 626, and Lot 627, in the City of Dubuque, Iowa, according to the rec-
orded deed instrument number 2023-00001758 thereof; locally known as 781 Lo-
cust Street; and Lot 1 of Dubuque Art Plaza according to the plat recorded on the
11th day of March 2024, Instrument No. 2024-00001914 (the Property); and
Whereas, the City Council, by Resolution No. 64-24, dated March 18, 2024, declared
its intent to enter into a Development Agreement by and between the City of Dubuque,
Iowa, and CBDC, LLC, including the issuance of Urban Renewal Tax Increment Revenue
Obligations; and
Whereas, pursuant to published notice, a public hearing was held on the proposed
Development Agreement on April 1, 2024, at 6:30 p.m.; and
Whereas, it is the determination of the City Council that approval of the Development
Agreement for redevelopment of the Property by CBDC, LLC, according to the terms and
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conditions set out in the Development Agreement, is in the public interest of the City of
Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Development Agreement by and between the City of Dubuque,
Iowa, and CBDC, LLC, a copy of which is attached hereto, including the issuance of Ur-
ban Renewal Tax Increment Revenue Obligations, is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Develop-
ment Agreement on behalf of the City of Dubuque and the City Clerk is authorized and
directed to attest to his signature.
Section 3. That the City Manager is authorized to take such actions as are necessary
to comply with the terms of the Development Agreement as herein approved.
Passed, approved and adopted this 1st day of April 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
ACTION ITEMS
1. Canadian Pacific Kansas City Limited Railroad Request to Close 15th Street Rail-
road Crossing: Motion by Jones to receive and file the documents and schedule a dis-
cussion by the City Council on closing the 15th Street railroad crossing for the June 3,
2024, City Council Meeting. Seconded by Sprank. City Manager Van Milligen confirmed
that the request before the City Council was verifying if they would like city staff to conduct
research on the potential closure, with information shared at the June 3rd meeting. City
Council Members expressed support for additional information. Motion carried 7 -0.
COUNCIL MEMBER REPORTS
Council Member Farber reported on attending a NAMI Dubuque event.
Council Member Resnick reported on the Jule Bus advertisements by McCullough Cre-
ative.
Council Member Wethal reported on attending a Travel Dubuque Outreach Committee
meeting.
CLOSED SESSION
Motion by Jones to convene in closed session at 7:12 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 Farber. Mayor Cavanagh stated for the record that the attorney who will consult with
City Council on the issues to be discussed in the closed session is City Attorney Brumwell.
Motion carried 7-0.
The City Council reconvened in open session at 7:47 p.m. stating that staff had been
given proper direction.
ADJOURNMENT
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There being no further business, Mayor Cavanagh declared the meeting adjourned at
7:47 p.m.
/s/Adrienne N. Breitfelder, CMC, City Clerk